The Acceptable Use Policy (“AUP”) is a set of rules, guidelines and regulations governing the use of Cyticx services and products (“Services”) by customers and users (“Customers”). The terms within the AUP are provided to protect Cyticx, its Customers and third parties.

Every Customer, including their customers, affiliates and subsidiaries, agrees to the terms set forth in this AUP. Use of Services implies acceptance of the AUP. This AUP is incorporated by reference into the Terms of Service. Cyticx reserves the right to revise, amend or modify the AUP at any time and in any manner without notice. Customer’s continued use of the Services constitutes acceptance of the AUP, including any additional changes from time to time. The most current AUP will be posted at https://www.Cyticx.com/aup.

Any violation of the AUP may result in suspension or termination of your account, or other such action deemed necessary by Cyticx.

For questions and comments regarding the Acceptable Use Policy, send an email to legal@Cyticx.com.

Please report possible violations of the AUP to abuse@Cyticx.com. We ask that you provide as much information as possible regarding the alleged violation, including IP address, date, time and evidence of alleged violation. This information can be found in emails with full header information and system log files.

• IRC – Use of IRC (Internet Relay Chat) on any of our shared or dedicated servers is explicitly forbidden and is a direct violation of this AUP. This includes, but is not limited to, running any clients, bots, redirection services (proxies), or servers, of any kind.
• IP Allocation – Customers shall not use IP addresses that were not assigned to them by Cyticx. Cyticx reserves the right to suspend the network access of any account utilizing IP addresses outside of those assigned to it.
• Shell Accounts – Shell accounts will not be provisioned by Cyticx. Shell access is forbidden and directly violates the Acceptable Use Policy.
• Intellectual Property Infringement – You may not transmit, distribute, download, copy, cache, host, or otherwise store on a server any information, data, material, or work that infringes the intellectual property rights of others. Cyticx has the right to remove infringing content to the extent required under the law. Cyticx will terminate the services of repeat intellectual property right infringers.
• Unsolicited Email (Spam) – Sending or receiving unsolicited bulk, commercial and/or individual emails (known as “spam” or “spamming”) through Cyticx’s servers is strictly prohibited and a direct violation of the acceptable use policy. The sending of such messages from another service provider advertising a web site, email address or utilizing any resource hosting on Cyticx’s servers is also prohibited. Cyticx accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate either this Policy or that of the other provider. Cyticx will be the sole arbiter as to what constitutes a violation of this provision.
  Cyticx reserves the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending spam, cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to a Cyticx email address or web site URL is prohibited. The use of Cyticx’s servers as a mail drop for responses to activities described above is also prohibited. If your main Cyticx domain is involved in spamming activities, and your account is subsequently terminated, then you do not have the right for a refund. This also includes if you have paid for additional services, such as installations of software or IP addresses.
• Content – All services provided by Cyticx may be used for lawful purposes only. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
  Pornography and sex-related merchandising are prohibited on any Cyticx server. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Cyticx’s servers or any other server on the internet. Links to such materials are also prohibited.
  The following are direct violations of the Acceptable Use Policy:
  • Child pornography is strictly prohibited on Cyticx’s servers, networks and any other services offered. Cyticx will cooperate fully with any criminal investigation into a Customer’s violation of the Child Protection Act concerning child pornography. According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years;
  • Pornography and nudity;
  • Pirated software and copyrighted media;
  • Websites and content promoting illegal activity, including, but not limited to, warez sites, hacker programs or archives, hacking/cracking websites, online gambling, and any sites that promote or link to such illegal activity;
  • Attacks on others, such as floods, DoS/DDoS attacks, spam, email bombing, Multi-level marketing type programs, or in any negligent manner that intends to cause harm or damage to other systems either connected to Cyticx or elsewhere on the Internet;
  • 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;
  • Any activity associated with phishing or systems designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretense;
  • Running client-installed chat rooms or any programs in the background, such as bots and daemons;
  • Content that is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
  • Terrorist-related websites, including sites advocating human violence and hate crimes based upon religion, ethnicity, or country of origin;
  • Content that is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
  • Content that is defamatory or violates a person’s privacy;
  • Content or sites linking to material that creates a risk to a person’s safety or health, creates a risk to public safety, health, or welfare, compromises national security, or interferes with an investigation by law enforcement;
  • Content that improperly exposes trade secrets or other confidential or proprietary information of another person;
  • Content that is intended to assist others in defeating technical copyright protections;
  • Content that clearly infringes on another person’s trade or service mark, patent, or other property right;
  • Content that promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
  • Content that is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Cyticx; or
  • Content that is otherwise malicious, fraudulent, or may result in retaliation against Cyticx by offended viewers.
• Copyright Infringement and the Digital Millennium Copyright Act – Cyticx Services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Creating, utilizing, or distributing unauthorized copies of software are a violation of federal and state law. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. Cyticx will cooperate with all law enforcement agencies in relation to alleged copyright infringement housed in our datacenters/on our servers.
  
  
• If you believe your copyright is being infringed upon by a person using Cyticx, please send your written notice of copyright infringement to: info@cyticx.com
  
  Your notice must include the following:
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Cyticx to locate the material;
  • Information reasonably sufficient to permit Cyticx to contact you, such as an address, telephone number, and, if available, an e-mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law;
  • A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Suspension and Cancellation – Cyticx reserves the right to suspend service to any Customer located on our servers for violation of the AUP. Cyticx will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. For single or for continued and repeated violations of the AUP or, at Cyticx’s discretion, to prevent a violation of the AUP, Cyticx reserves the right to:
  • Terminate service without notice for single or for continued and repeated violations of the AUP.
  • Limit Customer access to services or implement service and resource usage restrictions.
  • Ask the Customer to upgrade to a higher service plan.
• Cyticx shall be the sole determiner of which of the above actions are to be taken, and can reverse or revise its decision at any time. Failure to fully comply with these terms is grounds for account suspension and/or deactivation (with or without refund, subject to Cyticx’s discretion). Any accounts and/or servers contained within Cyticx’s network must adhere to the above policies.
• Miscellaneous – Occasionally, Cyticx 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. Cyticx utilizes great care in keeping customer information safe and private and will only release information described in the subpoena. Cyticx will notify Customer of the information requested as allowed by the subpoena.
  Cyticx reserves the right to recover any and all expenses, and apply any reasonable charges, in connection with a violation of this AUP. No service credits will be issued for any interruption in service resulting from violations of this AUP. Cyticx reserves the right at all times to investigate any actual, suspected, or alleged violations of this AUP.