Terms of Service

Agreement

This Acceptable Use Policy (hereafter referred to as "AUP") sets forth the principles and guidelines that govern the use of Siriad Solutions' (hereafter referred to as "Siriad") property by any person, Internet User, or client of Siriad, whether licensed and authorized to use said property or not.

By using any property of Siriad, the entity (hereafter referred to as "User") using said property agrees to all of the terms and conditions of this AUP.

Principles and Guidelines

This AUP identifies the actions that Siriad considers to be abusive, and thus, strictly prohibited. In addition to the other requirements of this AUP, User may only use Siriad's systems, services and products in a manner that, in Siriad's sole judgement, is consistent with the purposes of such systems, services and products. If a User is unsure whether a contemplated use or action is permitted under the AUP, the User should e-mail Siriad with a description of the proposed use at support [at] siriad.com for a determination as to whether the use is permissible under this AUP. The examples identified in the subsections below are non-exclusive and are provided, in part, for guidance purposes.

The following uses of Siriad's systems, services and products as described in the sections below are expressly prohibited:

Prohibited Actions: General Conduct

  • Transmitting on or through any of Siriad's systems, services, or products any material that is, in Siriad's sole discretion, unlawful, obscene, threatening, indecent, abusive, defamatory, libelous, hateful, encourages conduct that may constitute a criminal offense, may give rise to civil liability, may adversely affect any individual/group/entity (collectively, "Person"), or otherwise may violate any local, state, national or international law.
  • Transmission, distribution, or storage of any information, data or material in violation of United States/state/local/international regulations or law, or by common law.
  • Violations of the rights of any Person protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations.
  • Actions that restrict or inhibit any Person, whether a User of Siriad or otherwise, in its use or enjoyment of any of Siriad's systems, services or products.
  • Deceptive on-line marketing practices.
  • Furnishing false data on the signup form, contract, or online application, including fraudulent use of credit card numbers (such conduct is ground for immediate termination and may subject the offender to civil and/or criminal liability).

Prohibited Actions: System and Network Security

  • Attempting to circumvent user authentication or security of any host, network, or account ("cracking"). This includes, but is not limited to, accessing data not intended for the User, logging into a server or account the User is not expressly authorized to access, or probing the security of other networks (such as running a SATAN scan or similar tool).
  • Effecting security breaches or disruptions of Internet communications. Security breaches include, but are not limited to, accessing data of which User is not an intended recipient or logging onto a server or account that User is not expressly authorized to access. For purposes of this section, "disruption" includes, but is not limited to, port scans, ping floods, packet spoofing, forged routing information, deliberate attempts to overload a service, and attempts to "crash" a host.
  • Using any program/script/command, or sending messages of any kind, designed to interfere with a user's terminal session, by any means, locally or by the Internet.
  • Executing any form of network monitoring which will intercept data not intended for User.

Prohibited Actions: E-Mail

  • Harassment, whether through language, frequency, or size of messages, is prohibited.
  • Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material ("e-mail spam"). Users are explicitly prohibited from sending unsolicited bulk mail messages. This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving e-mail, the User must not send that person any further e-mail. Mail sent to persons that have explicitly requested said mail must be in compliance with all applicable state, local and Federal laws.
  • Creating or forwarding "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings.
  • Malicious e-mail, including, but not limited to, "mailbombing" (flooding a user or site with very large or numerous pieces of e-mail).
  • Unauthorized use of or modifying/forging mail header information.
  • Using a Siriad or a User account to collect replies to messages sent from another provider.
  • Use of unsolicited e-mail originating from Siriad's network or networks of other Internet Service Providers on behalf of, or to advertise any service hosted by Siriad, or connected via Siriad's network.
  • Willful failure to secure open SMTP ports so as to prevent the unauthorized use of User resources for the purposes of sending unsolicited e-mail by a third party.

Prohibited Actions: Usenet Newsgroups

  • Posting the same or similar messages to large numbers of Usenet newsgroup (Newsgroup spams or USENET spam).
  • Posting chain letters of any type.
  • Posting encoded binary files to newsgroups not specifically named for that purpose.
  • Cancellation or superseding of posts other than your own, with the exception of official newsgroup moderators performing their duties.
  • Forging of header information. This includes attempting to circumvent the approval process for posting to a moderated newsgroup.
  • Solicitations of mail for any other e-mail address other than that of the poster's account or service, with intent to harass or to collect replies.
  • Postings that are in violation of the written charters or FAQs for those newsgroups.
  • Posting of Usenet articles from Siriad's network or networks of other Internet Service Providers on behalf of, or to advertise any service hosted by Siriad, or connected via Siriad's network.
  • Failure to secure a news server so as to prevent the unauthorized use of User resources by a third party which may result in Usenet posts which violate this policy.
  • Advertisements posted in newsgroups whose chargers/FAQs explicitly prohibit them. The poster of an advertisement or other information is responsible for determining the etiquette of a given newsgroup, prior to posting to it.

DNS

Siriad is not a domain name registrar. Siriad will work with hosting clients to provide DNS registration via a third party (if desired). If hosting with Siriad is terminated, Siriad will provide transfer codes to allow clients to transfer their DNS to another registrar.

If a domain which is registered via Siriad's third party is allowed to expire, Siriad will renew the expired domain for an extra fee. Siriad will not unlock the domain to allow transfer until this fee is paid by the client.

Infractions/Breach of Contract

By not complying with the above terms and conditions of this AUP, User agrees to the following:

Prosecution under Texas and United States Law (as applicable);
User will financially compensate Siriad for use (whether authorized or not) of said Backbone, Servers, Equipment, Bandwidth and Disk space according to the current Siriad list prices;
Other actions, not limited, as applicable.

Unauthorized usage of Siriad's network, servers, and related services, INCLUDING without exception all prohibited acts above, including the sending of unsolicited email messages to Siriad's users, WILL incur a mandatory $200.00 US Dollar hourly consulting fee, to repair and delete unauthorized files residing on the Siriad's servers, handle unsolicited email complaints, and/or any other action required.

Complaints

Complaints regarding abusive conduct may be reported by email to abuse [at] siriad.com.

Complaints will be accepted via e-mail, so long as a valid return address is included. Siriad must be able to independently verify each instance of abuse, and so each complaint must include the COMPLETE TEXT OF THE OBJECTIONAL MESSAGE, INCLUDING ALL HEADERS, if the complaint is regarding email. Please do NOT send excerpted parts of a message; sending a copy of the entire message, including headers, helps to prevent misunderstandings based on incomplete information, or information used out of context. Full headers demonstrate which path the message has taken, and enable us to determine whether any part of the message has been forged. This information is vital to our investigation. If the complaint is of any other type, please send any and all information available regarding the complaint.

Enforcement

Siriad may, in its sole discretion, suspend or terminate a User's service for violation of this AUP at any time and without warning. As a general matter, Siriad attempts to work with Users to cure violations and to ensure that there is no re-occurrence of the violation prior to terminating service.

Liability

In no event will Siriad be liable to any User or third party for any direct, indirect, special or other consequential damages for actions taken pursuant to this AUP, including, but not limited to, any lost profits, business interruption, loss of programs or other data, or otherwise, even if Siriad was advised of the possibility of such damages.

Miscellaneous

Modification of AUP: Siriad retains the right to modify the AUP at any time and any such modification shall be automatically effective as to all Users when adopted by Siriad.

Applicability of AUP: The actions listed herein are also not permitted from other Internet Service Providers. Deceptive marketing, as defined by the Federal Trade Commission Deception Policy Statement, is not permitted through Siriad's services or network.

At its sole discretion, Siriad reserves the right to remove materials from its servers and to terminate Internet access to Users that Siriad determines have violated this AUP.