General Statement:
iNamics' Acceptable Use Policy ("AUP") is provided to give our customers and users
a clear understanding of what iNamics expects of them while using the service. All
users of iNamics's Internet services: those who access some of our Services but
do not have accounts, as well as those who pay a service fee to subscribe to the
Services, must comply with this AUP and our TOS (Terms of Service). Use of any iNamics
Service constitutes acceptance and agreement to iNamics's AUP as well as iNamics
TOS (Terms of Service) Part of this policy was written under the framework of our
parent provider's required AUP.
iNamics is dedicated to the unrestricted free transmission of information via the
Internet and its many resources. Our goal is to deliver enterprise quality on-demand
IT services to all of our customers while serving as the medium of exchange for
transmission of all information. The storage, distribution, and exchange of information
(content) is the Internet's single most valuable feature. iNamics is dedicated to
protecting the source and distribution of information and protecting the rights
and privileges of those utilizing it. iNamics does not purport to be the content
police; our duty in the process of information dissemination is simply to act as
conduit between interested parties. Notwithstanding anything found herein, iNamics
follows all local, state and federal laws pursuant to the services delivered over
the internet and directly related to our network and internal systems. The purpose
of the acceptable use policy is to inform all Customers of anticipated customer
use. Due to the myriad of possibilities in maintaining a network comprised of thousands
of servers, this document is intended to act as a guideline to service and not to
be all encompassing.
Public Network:
The primary purpose of the iNamics public network is to transmit information (packets)
to and from Customer servers and data storage services. Proper use of the public
network is to utilize the network in any way so long as you do not violate any local,
state, or federal laws or generate harm to the network or interfere with the use
of services of other users utilizing the same network. All Customers are granted
equal access to the public network. Violation, misuse, or interference of the public
network will result in a violation of the AUP and shall result in methods of resolution
under the acceptable use policy.
Private Network:
The primary purpose of the iNamics private network is to allow secure private network
connectivity to the private backend network directly connecting Customer servers
and Company delivered services. Proper use of the private network is the upload/download
of content, server administration, transmission of information between servers,
transmission of information between servers and Company servers, secure private
administration of services, data retrieval, console access, and true out of band
management of their entire IT environment. The private network can also be utilized
for service access during periods of non-payment, copyright infringement, spam abuse,
service interruption or other instances requiring server administration. All Customers
are granted equal access to the private secure network to securely manage their
services. Connectivity to the private network is granted on an unrestricted basis
in eight (8) hour increments. Dedicated connections to the private network are available
through the sales team. Violation, misuse, or interference of the private network
will result in a violation of the AUP and shall result in methods of resolution
under the acceptable use policy.
Security Services:
The primary purpose of the iNamics standard security services is to assist the Customer
in the protection, management, update, and overall stability of the outsourced IT
environment. All iNamics services include network intrusion detection systems and
denial of service mitigation via technology from WatchGuard. These services are
free of charge and are intended to mitigate or remove security risks associated
with their perspective technologies. iNamics also monitors all aggregate network
traffic via Arbor networks and router netflow statistics for traffic analysis. Other
security services offered for a fee are covered via the terms of the individual
services. These services include, but are not limited to: firewalls, host IDS, service
monitors and similar type products and services. Outside of the global network security
services described above, Customers are required and obligated to maintain security
related to Customer managed servers. The management of dedicated servers requires
basic security management including password management, port management, OS updates,
application updates, security policy settings and more. The Customer is ultimately
responsible for individual server security unless contracted security services are
purchased. Any violation of the security services included in basic services will
be addressed pursuant to the methods of resolution under the acceptable use policy.
Server Content:
iNamics does not actively monitor dedicated server content for review. iNamics believes
in the free dissemination of information via our services. Dedicated server content
will only be reviewed upon complaint by verified third parties. Content that does
not violate local, state and federal law or the acceptable use policy is deemed
in compliance and shall remain intact. Legal adult content is allowed on iNamics
dedicated servers. Content deemed in violation will be addressed pursuant to the
methods of resolution under the acceptable use policy.
IP Addresses:
IP Addresses are non-transferable from iNamics and Customer retains no ownership
or transfer rights to IP Addresses.
IRC:
iNamics allows the use of private internet relay chat servers for communication
among private parties. iNamics absolutely prohibits the use of IRC servers connected
to public IRC networks or servers. IRC servers that result in interference of service,
malicious network activity or increased demand on network security services are
in direct violation of the acceptable use policy. Violation of the IRC policy will
result in methods of resolution under the acceptable use policy.
Peer to Peer:
iNamics allows the use of internet peer to peer software for file sharing purposes.
iNamics highly recommends strict oversight and management of peer to peer software
environments due to the propensity to violate copyright law by sharing commercial
software or copyright protected material. The sharing of copyright protected software
and material is NOT allowed and is in direct violation of federal law and the acceptable
use policy. Violation of the Peer to Peer policy will result in methods of resolution
under the policy.
Bit Torrent:
iNamics allows the use of bit torrent protocols on the public network. iNamics highly
recommends strict oversight and management of Bit Torrent software environments
due to the propensity to violate copyright law by sharing commercial software or
copyright protected material. The sharing of copyright protected software and material
is NOT allowed and is in direct violation of federal law and the acceptable use
policy. Violation of the Bit Torrent policy will result in methods of resolution
under the policy.
The following list represents per se direct violations of Acceptable Use Policy
and will be subject to immediate redress under the methods of resolution as described
in the acceptable use policy.
Copyright Infringement: Direct copyright infringement as defined and noted under
Title 17, Section 512 of the United States Code are a direct violation of the acceptable
use policy.
Unsolicited Email:
The sending or receiving of mass unsolicited email (SPAM) is a direct violation
of the acceptable use policy. This includes the direct sending and receiving of
such messages, support of such messages via web page, splash page or other related
sites, or the advertisement of such services.
Email Bombing:
The sending or receiving of mass unsolicited email (SPAM) is a direct violation
of the acceptable use policy. This includes the direct sending and receiving of
such messages, support of such messages via web page, splash page or other related
sites, or the advertisement of such services.
Proxy Email (SPAM):
The use of dedicated services to proxy email unsolicited users is a direct violation
of the acceptable use policy. Proxy email is defined as the use of dedicated services
to act in concert with other services located inside and outside the network to
achieve mass unsolicited email (SPAM) to unrelated third parties.
UseNet SPAM:
The use of dedicated services to send, receive, forward, or post UseNet unsolicited
email or posts is a direct violation of the acceptable use policy. This includes
UseNet services located within the iNamics network or unrelated third party networks.
Illegal Use:
Any use of dedicated services in direct attempt of statutory illegal activities
is a direct violation of the acceptable use policy. This includes, but is not limited
to: death threats, terroristic threats, threats of harm to another individual, multi-level
marketing schemes, "ponzi schemes", invasion of privacy, credit card fraud, racketeering,
defamation, slander, and other common illegal activities.
Child Pornography:
iNamics has a zero stance policy on child pornography and related sites. The hosting
of child pornography or related sites or contact information is in direct violation
of federal law and the acceptable use policy.
Threats & Harassment:
The iNamics network can be utilized for any type of individual, organizational or
business use. This does not include threats or harassment to individuals, organizations
or businesses unless it falls within the bounds of protected free speech under the
first amendment. iNamics seeks to serve only as the medium of exchange for information
and refrains from decisions on freedom of speech.
Fraudulent Activities:
iNamics prohibits utilizing dedicated services or network services for fraudulent
activities. Notification of fraudulent activities by verified third parties can
result in violation of the acceptable use policy.
Denial of Service:
iNamics absolutely prohibits the use of dedicated services or network services for
the origination or control of denial of service attacks or distributed denial of
service attacks. Any relation to DOS or DDOS type activity is a direct violation
of the acceptable use policy.
Terrorist Websites:
iNamics prohibits the use of dedicated services for the hosting of terrorist related
websites. This includes sites advocating human violence and hate crimes based upon
religion, ethnicity, or country of origin.
Distribution of Malware:
iNamics prohibits the storage, distribution, fabrication, or use of malware including
virus software, root kits, password crackers, adware, key stroke capture programs
and other programs normally used in malicious activity. Programs used in the normal
ordinary course of business are deemed acceptable. Example: Security Company hosting
at iNamics analyzes the latest root kit for new security analysis software.
Phishing:
iNamics strictly prohibits any activity associated with Phishing or systems designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretense. Splash pages, phishing forms, email distribution, proxy email or any relation to phishing activities will result in immediate removal.
Disclosure to Law Enforcement:
Occasionally, iNamics is required by law to submit customer information to law enforcement officials when presented with a valid subpoena from a court with proper jurisdiction. Information requested is disclosed as directed pursuant to the subpoena. iNamics utilizes great care in keeping customer information safe and private and will only release information described in the subpoena. iNamics will notify customer of the information request as allowed by the subpoena.
Reporting Violation of the Acceptable Use Policy:
iNamics accepts reports of alleged violations of the acceptable use policy via email sent to admin@inamics.com. Reports of alleged violations must be verified and include name, contact information, IP address, and description of the violation. iNamics owes no duty to third parties reporting alleged violations due to lack of privity in contract law. iNamics will review all verified third party reports and will take appropriate actions as described within the acceptable use policies..
Methods of Resolution for Violations under the Acceptable Use Policy:
The ultimate goal of iNamics is to balance the rights and interest of our customers in the highly evolving internet world. iNamics understands the challenges of hosting companies, resellers, businesses, organizations and other customers who may have third party violations occur due to the nature of their business. The goal to our methods of resolution is to mitigate any service interruptions while resolving any potential violations under the policy. Our sales, support and abuse staff are dedicated to working with you in resolving potential violations and are available via phone or email. The methods of resolution below form the framework for a resolving all potential violations. Timing for resolution differs according to the degree of the violation, the nature of the violation, involvement of law enforcement, involvement of third party litigation, or other related factors. Overall, iNamics is dedicated to working with the Customer in resolving all potential violations prior to any service interruptions.
- Step 1: First alleged violation of AUP: a support ticket with email notification will be generated with information regarding the potential violation of the acceptable use policy. This is often a fact finding email requiring further information or notifying Customer of the potential violation and the required actions to resolve the issue.
- Step 2: Acknowledgement of violation of AUP: a support ticket with email notification with information specific to the violation. This ticket will also include any additional facts about the situation and will notify customer of the action required to resolve the violation.
- Step 3: Violation of AUP disregarded, not properly addressed, or continuing violation: if a ticket has been disregarded, not properly addressed, or resolved by the customer for a specified period of time, iNamics engineers will turn the public network port to the specified dedicated services off. Access to the dedicated services is achieved through the secure private service network for Customer resolution. As soon as the violation is addressed, the public access is restored and service continues as normal.
- Step 4: Failure to address violation and remove violation: if customer fails to address the violation AND resolve the violation, a suspension of services will occur. This is a last resort for iNamics and requires a complete failure in the resolution process on behalf of the Customer. A permanent suspension of services includes reclamation of all dedicated services and data destroyed at the end of the current billing cycle.
- Disclaimer - iNamics retains the right, at its sole discretion, to refuse new service to any individual, group, or business. iNamics also retains the right to discontinue service with notice for repeated violation of the acceptable use policy over time.