Acceptable Use Policy

BINARY-MONK.COM, provides web hosting to a number of clients. We have a responsibility to protect each client and provide the best services available. The following guidelines have been established to insure this intent is met.

BINARY-MONK.COM ("The Company") agrees to furnish services to the Subscriber, subject to the following AUP (Acceptable Use Policy). From herewith in this AUP and TOS, the usage of "us", "we", "our", "ours" shall constitute reference to BINARY-MONK.COM, the usage of "you", "your", "they", "them" shall refer to client / customer of BINARY-MONK.COM.

Use of company services constitutes acceptance and agreement to the company's AUP as well as the company's TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of BINARY-MONK.COM and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

Content :
You are responsible for any and all content in and under your site or account at all times. All services provided by us may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. We are not responsible for any claims resulting from the use of our service. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are prohibited. This also includes, but is not limited to Adult sites, pirated software, hacker programs/archives, MP3, Warez, copyrighted material or material protected by trade secrets and other statutes. BINARY-MONK.COM does NOT permit legal adult content on all accounts. All other services not listed here are forbidden to store, serve, or contain any adult materials.

The following constitute violations:

Threats and unlawful conduct :
Use of our service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property. Use of our services to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

Resource Usage :
If our system administrators determine that a customer's account is utilizing an unacceptable amount of system resources, we may temporarily deactivate the account in question. We may contact the client to offer alternative solutions for their accounts and make our best attempt to keep their account active without degredation to other clients services. The Company be the sole arbiter as to what constitutes a violation of this provision.

Fraud :
Use of our service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters." Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

Attacks and Exploits :
Any activity which affects the ability of other people or systems to use any services or other internet services. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the client's responsibility to ensure that their server is configured in a secure manner. A client may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. We will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems.

Programs :
We do not allow programs to run continually in the background. This is to minimize system resources used and operational maintenance needed. We do not allow any chat or topsite programs on our servers other than the ones we pre-install for our clients to use. IRC: We currently DO NOT allow IRC or IRC bots to be operated on our network.

Commercial Advertising- Email (SPAM) :
Spamming, or the sending of unsolicited email, from one of our servers or using an email address that is maintained by us is STRICTLY prohibited and will qualify your site for immediate deactivation with no refund. We will be the sole arbiter as to what constitutes a violation of this provision. Additionally claims investigated by us about spam from any of our users or users of theirs, will be fined and billed for such work. The fee for such an instance if you are found to be at fault is $.50 per email sent and up to a $500 fine per incident.

Server abuse :
Any attempts to undermine or cause harm to any Company server or customer of ours is strictly prohibited. We hold no responsibility for the use of our clients' accounts. Any account the abuses resources and actions are not taken to desist, calls for immediate de-activation without any refund of payments made thus far. Any site using what we deem to be using excessive cpu cycles or any resources that cause strain to other sites may also be offered new terms. Use of our service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of our or another entity's computer software or hardware, electronic communications system, or telecommunications system.

Back-ups :
We perform daily backups on all of our servers to ensure critical files are never lost. Our server software does create daily backups for users sites that you may download on your own, we do not restore a file any user has accidentally deleted or modified. The back-up restoration is for emergency procedures only. You are advised to backup all of your own files to your local drive. We are not responsible for lost data, time, income or any other resource due to faulty backups or non-existent back-ups.

Security :
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Sharing your password and account access with unauthorized users is prohibited and you will be held responsible for such use. Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service. You may not attempt to circumvent user authentication or security of any host, network or account. Users who violate systems or network security may incur criminal or civil liability. We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

We reserve the right to revise, amend, or modify this AUP and our other policies and agreements at any time and in any manner.
Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).