Managed Solutions (“Managed Solutions”) provides hosting and other web site related services (“services”) to its clients. To protect the interests of all its clients and to ensure optimal service levels at all times, Managed Solutions has developed the following Acceptable Use Policy (“AUP”) for clients as a guide to their rights and responsibilities when utilising any and all of the services provided by Managed Solutions. Use of any of the services offered by Managed Solutions to any client will constitute acknowledgment of and agreement to the terms outlined in this Website. This AUP may be revised in part or in full at any time and at its sole discretion by Managed Solutions. Continued use of services offered by Managed Solutions after such changes or enhancements to the AUP have been made will constitute acceptance of any revisions that may have been made to the AUP.
All services provided by Managed Solutions may be used strictly for lawful purposes only. Managed Solutions does not monitor, censor, edit or take any responsibility whatsoever for client content or communications from within the hosting network controlled by Managed Solutions except in as much to determine if violations of the AUP have occurred once a suspected violation has been brought to the written attention of Managed Solutions. Clients are fully and solely responsible for the content and use of their service as provided by Managed Solutions and each and every client should ensure that their use falls within the guidelines of this AUP. Managed Solutions cannot and will not monitor, censor, edit or otherwise interfere with information or content clients may retrieve from sources outside the Managed Solutions network even when such information is made available to clients through the use of material deliverable to any site or service maintained by Managed Solutions, such as via email. Because of this, Managed Solutions will not be responsible for injury or liability to any client resulting from communications that may be offensive, misleading, illegal, or otherwise unsuitable in the view of the client. Clients further agree to indemnify and hold harmless Managed Solutions or any of its subsidiaries from claims resulting from the use of any provided service which damages the client of any other party. Prohibited Activities
Commercial Advertising And Email
The sending of unsolicited email (spamming) from a Managed Solutions server or referencing a domain hosted by Managed Solutions in any spam, whether originating from the Managed Solutions network or not, is forbidden. Should any such abuses be found whatsoever, Managed Solutions reserves the right to immediately and without notice terminate the account of the offending client. Sites that promote, sell, or otherwise provide access to spam software products or email lists or products that are solely for the purpose of extraction or sale of email addresses or which are used to send bulk email are not permitted on any Managed Solutions server.
Misuse of System Resources
To protect and maintain high availability of all its servers, activities designed to cause harm to or monopolise the resources of any server in the Managed Solutions network are strictly prohibited. This includes, but is not limited to, the use of programs that consume excessive CPU time; use of server space for backup or storage of material unrelated to the web site of an account; use of any provided mail services other than for the client’s own account; resale of disk space without an appropriate reseller agreement; use of servers to engage in any malicious or illegal activity, including unauthorised access to remote systems or providing the means for such access or engaging in any activity that can be used as a means to begin remote system penetration; distribution of viruses, worms, or any other electronic destructive resource; or maintaining or creating any free for all type sites.
Illegal or Indecent Content
Use of any Managed Solutions service to make any illegal, indecent or obscene content available via transmission, storage, or display of such material is prohibited. Accounts maintaining such content are subject to suspension or termination without notice. Please see Termination and Suspension.
Any activity that infringes on copyrights, trademarks, service marks, patents, software ownership, or trade secrets held by any third party entity is prohibited. Managed Solutions is required by law to remove or suspend accounts that violate copyright held by third parties when notified that such infringement exists. Accounts that continually engage in such violations are subject to termination without notice. Material that infringes on the privacy or rights of others, or that otherwise represents a reasonable, credible threat, is prohibited. Disputes between parties where clear legal decisions cannot be determined by individual claims must be settled between those parties and valid legal documentation must be provided for action related to content on sites within the Managed Solutions network. In no instance will Managed Solutions be responsible for individual site material for which no authoritative documentation has been provided.
Any activity not defined above but judged by Managed Solutions at its sole discretion to be harmful to other clients or general operations of the network will be addressed on a case by case basis.
Consequences of Unacceptable Use
Managed Solutions reserves the right to suspend or terminate client’s access to its services upon notice of a violation of this policy. Indirect or attempted violations of this policy, and actual or attempted violations by a third party on behalf of client, shall be considered violations of this policy by client.