Acceptable Use Policy (AUP)

Important Note: RMX Hosting may revise this Acceptable Use Policy from time to time without notice by posting a new version of this document on the RMX Hosting Web site. Accordingly, users of the RMX Hosting services should consult this document regularly to ensure that their activities conform to the most recent version. In the event of a conflict between any service agreement or other terms and this policy, the terms of this policy will govern. Questions regarding this policy and complaints of violations of this policy by RMX Hosting customers can be directed to abuse@rmxhost.com.

Introduction

RMX Hosting provides a variety of Internet services (“RMX Hosting Services”). For businesses and individuals, RMX Hosting Services provide a platform for Internet, intranet and extranet connectivity solutions and networked business applications.

Use of the RMX Hosting Service is subject to the following rules and guidelines. Each customer of RMX Hosting or its distribution affiliates is responsible for ensuring that the use of all Services provided to such customer complies with this Acceptable Use Policy (the “Policy”).

ANY CUSTOMER WHO DOES NOT AGREE TO BE BOUND BY THESE TERMS SHOULD IMMEDIATELY STOP USE OF THE SERVICES AND NOTIFY RMX Hosting ACCOUNT MANAGEMENT SO THAT THE CUSTOMER’S SERVICE CAN BE CANCELLED.

Illegal Activity

Use of RMX Hosting Services for any activity that violates any local, state, federal or international law, order or regulation is a violation of this Policy:

  • Prohibited activities include, but are not limited to
  • Posting or disseminating material which is unlawful (such as child pornography or obscene material)
  • Disseminating material that violates the copyright or other intellectual property rights of others. You assume all risks regarding the determination of whether material is in the public domain
  • Pyramid or other illegal soliciting schemes
  • Any fraudulent activities, including impersonating any person or entity or forging anyone else’s digital or manual signature

Security

You are responsible for any misuse of RMX Hosting Services that you have contracted for, even if the inappropriate activity was committed by an employee, customer, consultant, guest or other individuals who have access to your system. Therefore, you must take steps to ensure that others do not gain unauthorized access to RMX Hosting Services. This includes any third party use of unsecured mail and news servers or any other unauthorized access that results in a violation of any portion of this Policy.

RMX Hosting Services may not be used to breach the security of another Internet user or to attempt to gain access to any other person’s or business’s computer, software or data, without the knowledge and consent of such person or business. The Services also may not be used in any attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools, is prohibited.

You may not disrupt RMX Hosting Services. RMX Hosting Services may also not be used to interfere with computer networking or telecommunications services to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to “crash” a host. The transmission or dissemination of any information or software which contains a virus or other harmful feature also is prohibited. You are solely responsible for the security of any device you choose to connect to RMX Hosting Services, including any data stored on that device. RMX Hosting recommends that any files or services you do choose to make available for remote access be protected with a strong password or as otherwise appropriate.

Inappropriate Content

There may be content on the Internet or otherwise available through RMX Hosting Services which may be offensive to some individuals, or which may not be in compliance with all local laws, regulations and other rules. For example, it is possible to obtain access to content which is pornographic or offensive, particularly for children. Neither RMX Hosting nor any of its distribution affiliates can assume any responsibility for the content contained on the Internet or otherwise available through RMX Hosting Services. You must assume the risk of accessing content through our Service, and neither RMX Hosting nor any of its distribution affiliates shall have any liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content. Content questions or complaints should be addressed to the content provider.

You are solely responsible for any information that you or anyone you allow to access or use the Services (including any of your customers) publishes on the web or other Internet services. You must ensure that the recipient of the content is appropriate. For example, you must take appropriate precautions to prevent minors from receiving inappropriate content. RMX Hosting and its distribution affiliates reserve the right to refuse to post or to remove any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful.

Neither RMX Hosting nor any of its distribution affiliates has any obligation to monitor transmissions made on RMX Hosting Services. However, RMX Hosting and its distribution affiliates have the right to monitor such transmissions from time to time and to disclose the same in accordance with your service agreement.

By using RMX Hosting Services to reproduce, publish, display, transmit and distribute content, an RMX Hosting customer is warranting that the content complies with this Policy and authorizing RMX Hosting and its distribution affiliates to reproduce, publish, display, transmit and distribute such content as necessary for RMX Hosting to deliver the content in a timely manner.

Electronic Mail

RMX Hosting Services may not be used to send unsolicited, bulk or commercial messages. This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures and political or religious messages. Such messages may only be sent to those who have explicitly requested them. RMX Hosting Services may not be used to send messages to any individual who has indicated that he/she does not wish to receive messages from you.

RMX Hosting Services may not be used to collect responses from unsolicited email sent from accounts on other Internet hosts or email services which violates this Policy or the acceptable use policy of any other Internet service provider. Moreover, unsolicited email may not direct the recipient to any web site or other resource which uses RMX Hosting Services. Forging, altering or removing electronic mail headers is prohibited.

You may not reference RMX Hosting, or any of its subsidiaries or divisions either directly or indirectly, or by listing an IP address that belongs to RMX Hosting in any unsolicited email even if that email is not sent through RMX Hosting Services.

“Mail bombing” is prohibited. That is, you may not send numerous copies of the same or substantially similar messages, nor may you send very large messages or files to a recipient with the intent to disrupt a server or account. The propagation of chain letters is similarly prohibited, whether or not the recipient wishes to receive such mailings.

RMX Hosting is not responsible for the forwarding of email sent to any customer’s service which has been suspended or terminated. Such email will be returned to sender, ignored, deleted, or stored temporarily at RMX Hosting sole discretion.

Any violation of this policy will result in immediate termination of your account and the forfeiture of any hosting fees already paid.

Bandwidth, Data Storage and Other Limitations

You must comply with the then current bandwidth, data storage and other limitations on RMX Hosting Services.

Users must ensure that their activity does not improperly restrict, inhibit, or degrade any other user’s use of RMX Hosting Services, nor represent (in the sole judgment of RMX Hosting) an unusually large burden on the network itself. In addition, users must ensure that their activity does not improperly restrict, inhibit, disrupt, degrade or impede RMX Hosting ability to deliver our Services and monitor our Services, backbone, network nodes, and/or other network services.

Violation of Acceptable Use Policy

RMX Hosting does not routinely monitor the activity of services used by customer for violation of this Policy. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our Services. Although RMX Hosting has no obligation to monitor Services provided and/or the network, RMX Hosting and it various affiliates and partners reserve the right to monitor bandwidth, usage, and content from time to time to operate our Services; to identify violations of this Policy; and/or to protect the network and RMX Hosting customers.

RMX Hosting prefers to advise customers of inappropriate behavior and any necessary corrective action. However, if our Services are used in a way which RMX Hosting or its distribution affiliates, in their sole discretion, believe violate this Policy, RMX Hosting or its distribution affiliates may take any responsive actions they deem appropriate. Such actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of Services provided by RMX Hosting. Neither RMX Hosting nor its distribution affiliates will have any liability for any such responsive actions. The above described actions are not RMX Hosting exclusive remedies and RMX Hosting may take any other legal or technical action it deems appropriate.

RMX Hosting reserves the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on RMX Hosting servers and network. During an investigation, RMX Hosting may suspend the service or services of the customer involved and/or remove material which potentially violates this Policy. You hereby authorize RMX Hosting and its distribution affiliates to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. Such cooperation may include RMX Hosting providing the name, IP address(es), or other identifying information about a customer. Upon termination of a customer’s service, RMX Hosting is authorized to delete any files, programs, data and email messages associated with such account.

The failure of RMX Hosting or its distribution affiliates to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that, if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. This Policy shall be exclusively governed by, and construed in accordance with, the laws of the United Kingdom of Great Britain and Northern Ireland.