Terms of Service

1. General:

Services provided by Aqua Networks Ltd. may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any law of the United Kingdom of Great Britain and Northern Ireland is prohibited.

The subscriber agrees to indemnify and hold harmless Aqua Networks Ltd. from any claims resulting from the use of the service which damages the subscriber or any other party.

2. Content:

a. Examples of unacceptable content include, but are not limited to:

• Copyrighted media, without authority to distribute or display
• Unlicensed applications
• Cracking programs or key generators
• Child pornography or kidnapping material
• Fraudulent activity, phishing, pyramid schemes, chain letters, forgery, or impersonation
• Terrorist propaganda, racist material, or bomb/weapon instructions
• Virus/Virii, Spyware, Malware, or other infectious material
• Material protected by trade secret or other statute

b. Additionally, Aqua Networks Ltd. prohibits:

• IRC and associated programs (including psybnc, “bots”, etc…)
• Scripts commonly used for abuse, attacks, or flooding
• Threatening, harassing, obscene content
• Any proxies which do not require authentication (including open mail proxies, unprotected anonymous web surfing proxies, etc…)
• Links to unacceptable content, as defined above, are also prohibited.

c. Online Activity:

Any attempts to undermine or cause harm to the AQUA Network™ and its associated parties’ equipment, network, operations, or clientele is STRICTLY prohibited. Aqua Networks Ltd. will pursue legal action to the fullest extent for all abuse/violation of such.

Any activity deemed damaging or abusive, whether unlawful or considered to be detrimental to the operations of Aqua Networks Ltd., is prohibited.

d. This includes, but is not limited to:

• Denial of Service Attacks (DOS/DDOS)
• Unnecessary Port Scans
• Mail Bombing
• Unsolicited Advertising via IM, Forums, Newsgroups, Email, etc.

Bulk Email:

We understand that bulk email is an important mechanism for keeping people informed. However, spamming (unsolicited advertising), from the network we use, or spamvertising (unsolicited advertising of) sites hosted with us is STRICTLY prohibited.

Legitimate bulk email meets the following criteria:

1) The recipient has confirmed his willingness to be added to the distribution list of the mailing, by responding to a verification email, or, otherwise, verifiably confirming permission. (Evidence of such must be retained and available by request.)

2) Messages include: Valid headers, removal instructions, and information on the method by which the subscribed address was obtained.

All bulk email senders must post privacy policies, in association with the sending domains. Co-registration is not prohibited, but explanations of the sharing of information must be both publicly available and included in the confirmation mechanism for list subscription.

If Aqua Networks Ltd. approaches a client for evidence of confirmation, this request must be honoured within 12-24 hours depending on the case.

Failure to meet the acceptable criteria for bulk mail may lead to immediate termination.

Additionally, if such actions have caused mail servers or IP address ranges on our network to be blacklisted, Aqua Networks Ltd. reserves the right to assess a $100 charge to the customer account. This fee is set to cover administrative costs associated with removal from such lists.

3. Policy Violations:

Aqua Networks Ltd. may, at any time, audit systems for any data/activity showing potential policy violations.

Warnings: The Aqua Networks Ltd. Abuse Dept makes an attempt to contact the client, via email, when the first sign of a possible violation is noted. These alerts are a courtesy. Responses to such alerts are required. If an alert is received from any Aqua Networks Ltd. staff member, the client is responsible for acknowledging his/her understanding and citing any action planned or taken in a timely manner. Failure to do so will lead to suspension. Repeated failure to do so will result in termination.

Note: It is extremely important to ensure that the email address on record with the Aqua Networks Ltd. Customer Service Dept is valid. This is the address used for abuse notifications and warnings.

a. Suspension/Deactivation:

If any terms or conditions are failed to be followed, the client risks service suspension or termination. Aqua Networks Ltd. reserves the right to remove any account, without prior notice. If Aqua Networks Ltd. deactivates an account for violating policy, the client will forfeit any rights to a refund.

b. Reactivation:

If a service is suspended for abuse, the client will be required to pay a reactivation fee of $50.00, and when applicable, to cover any administrative costs associated with the offense/violation, as determined by Aqua Networks Ltd.

c. Unauthorized Usage:

In any case involving unauthorized parties utilizing a Aqua Networks Ltd. service for abuse/violations, the client will be responsible for stopping all affected applications, until the source of the problem is found and corrected. Aqua Networks Ltd. may opt to disable all services until the client can perform such an investigation.

In general, the client is responsible for maintaining a secure system. This includes, but not limited to:

• Requesting kernel updates
• Applying application patches

Additionally, Aqua Networks Ltd. will not be responsible for securing third-party applications.

The client is expected to monitor his/her system(s) and/or service(s). Resource usage should be maintained within the level outlined in the service contract. Abuse caused by end-users or unauthorized parties may increase resource usage and it should be noted that overage fees may apply.

d. Resource Usage:

Aqua Networks Ltd. will be the sole arbiter as to what constitutes a violation of resource usage limitations.

Bandwidth: Overage fees will apply to any service utilizing more than it’s assigned bandwidth allocation. Client is responsible for all usage, and any corresponding overages fees, that result from a service that may be hacked and/or flooding. Aqua Networks Ltd. may require a deposit should a client utilize/require large amounts of bandwidth beyond their standard bandwidth allocation.

Filtering: Aqua Networks Ltd. reserves the right to block/filter or throttle ports and/or ip address ranges, at its discretion. This may include, for example, blocking Port 6667 (IRC), denying access from a known-spamming IP address range, or limiting the speed of point-to-point file-sharing programs (Kazaa, Limewire, Donkey, etc…). This may also include giving priority to certain traffic types, such as Voice-over-IP (VOIP) phone call transmissions.
Virtual Private Servers (VPS): To maintain the integrity of our service, VPS service that utilizes heavy amounts of system resources may be required to be upgraded, or, Aqua Networks Ltd. may relocate your site to a different server and/or IP address, to reduce the load on the server on which you are currently residing.

e. Idle Timeouts:

• Aqua Networks Ltd. may disconnect any idle connection to the network.
• Average timeouts are:
• FTP – 300 seconds
• Dial-Up – 10-15 minutes
• Telnet/SSH – 2 hours

f. Abusive Clientele:

Aqua Networks Ltd. may at its discretion suspend or terminate service of any client that is abusive/harassing to Aqua Networks Ltd. and/or Aqua Networks Ltd. employees.
Examples of such activity include, but are not limited to:
• Verbal abuse – cursing, yelling, threatening, etc…
• Ongoing disregard for warnings or notices
• Consistent mistakes/errors/changes causing unnecessary workload
• Spamming Aqua Networks Ltd. email addresses, ticket systems, or servers
• Continuous involvement in flood/DDOS activity, hacked services, or other ongoing non-permitted usage
• Consistent late payments or responses
• Issuing a chargeback or bouncing a payment
• Continuous activation of problematic end-users
• Activity which affects the service(s) of other Aqua Networks Ltd. clientele

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