NOTICE TO ALL 24Shells CUSTOMERS

In keeping with safeguarding the privacy laws, copyright and trademark laws, and maintaining system and network security, 24Shells, has established its Acceptable Use Policy ("Policy") to be adhered to and made effective June 1st, 2004. The Policy applies to all users of the 24Shells Network, including 24Shells customers and their end users. 24Shells may at any time terminate service for any violation of the Policy for violations involving single or repeated violations of the prohibitions listed below on copyright as set forth in the paragraphs titled Illegal Usage, System and Network Security, Email Abuse, and Solicitation Abuse. 24Shells has points of contact for addressing these complaints. If you have any questions concerning the Policy and use of it, please contact 24Shells Administration at 1-888-384-HOST (4678) or abuse@24shells.net

24SHELLS ACCEPTABLE USE POLICY

This Acceptable Use Policy specifies the actions prohibited by 24Shells, ("24Shells") to users of the 24Shells Network. 24Shells reserves the right to modify the Policy at any time. Posting of the Policy and its updates can be found at www.24shells.net/aup.html

ADULT CONTENT POLICY:

24Shells´s policy is to always operate within the law on a global basis. The company does not, however, want to place itself in the position of being a content censor and, if we are approached by a provider of legal pornographic content in a country, we will review the account on a case by case basis. Care will be taken to review the impact beyond the local geography, given that some countries have tighter restrictions in this area than others and infringement in these other countries could result in communications access being cut off for 24Shells, as a whole. Please contact the Sales Team at sales@24Shells.net for country-by-country constraints and review in all cases. (Adult Content is only allowed Adult Dedicated Server)

IRC Policy on Dedicated Servers:

Customers may not operate and maintain IRC servers which connect to global IRC networks such as Undernet, EFnet and DALnet. Use of IRC plug-ins, scripts, add-ons, clones or other software designed to disrupt or deny service to other users is prohibited. Harassing or abusive IRC activity is expressly prohibited under the AUP, including (i) disruption or denial of service or (ii) the use or joining of “botnets” or the use of IRC BNC’s or other proxy and re-direction software. If a Customer’s IRC servers are frequently compromised or attract denial of service or distributed denial of service attacks that disrupt or denies service to other Customers or users, 24Shells may null-route, filter, suspend, or terminate that Customer’s service.

E-mail and Anti-Spamming Policy:

Users may not send unsolicited bulk messages over the Internet (i.e., “spamming”) and must comply with all relevant legislation and regulations on bulk and commercial e-mail, including the CAN-SPAM Act of 2003.

Mass Mailings – Users may not send mass unsolicited e-mail, which is email that is sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from the User. Users who send mass mailings must maintain complete and accurate records of all consents and opt-ins, including the actual e-mail and its headers, and provide such records to 24Shells upon its request. If a User cannot provide positive and verifiable proof of such consents and opt-ins, 24Shells will consider the mass mailing to be unsolicited.

Mailing Lists – Users are prohibited from operating mailing lists, listservs, or mailing services that do not target an audience that has voluntarily signed up for e-mail information using a Confirmed Opt-In or Closed-Loop Opt-In process or that has made their e-mail addresses available to a User for distribution of information. Users who operate mailing lists must maintain complete and accurate records of all consents and Confirmed Opt-In or Closed-Loop Opt-In elections (including the actual e-mails and their headers) and provide such records to 24Shells upon its request. If a User cannot provide positive and verifiable proof of such consents and Confirmed Opt-In or Closed-Loop Opt-In elections, 24Shells will consider the list mailing to be unsolicited. Any User-maintained mailing list must also allow any party on the list to remove itself automatically and permanently.

Other prohibited activities include, without limitation, the following:

• Use of 24Shells Network for the receipt of replies to unsolicited mass e-mail.
• Forgery of e-mail headers (“spoofing”).
• Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software.
• Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication.
• Hosting web pages advertised within “spam e-mail” sent from another network (“spamvertising”).
• Hosting web pages or providing services that support spam.
• Any other unsolicited bulk messages, postings, or transmissions through media such as weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-up messages, instant messages, or SMS messages.
• Instructing others in any activity prohibited by this AUP.

If any Customer or any Third Party User that is a customer of our Customer uses 24Shells Services, 24Shells Network or its physical infrastructure in a manner that causes 24Shells to be “blacklisted” or blocked, 24Shells reserves the right to (i) suspend permanently or terminate 24Shells Services of such Customer and/or (ii) suspend permanently or terminate the access to 24Shells Services, 24Shells Network or its physical infrastructure by such Third Party User. Operating 24Shells Service on behalf of, or in connection with, or reselling any service to persons or firms listed in the Spamhaus Register of Known Spam Operations database at www.spamhaus.org shall constitute a violation of this AUP. Block Removal – If, as a result of a Customer’s actions, 24Shells’s mail servers or IP address ranges are placed on black hole lists or other mail filtering software systems, 24Shells shall charge Customer $100 upfront and $100 per hour thereafter for any necessary remedial actions.

NETWORK/SYSTEM SECURITY:

Violations of system or network security are prohibited, and may result in criminal and civil liability and persecution. 24Shells will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
• Using 24Shells, services to collect, or attempt to collect, personal information about third parties without their knowledge or consent is in violation of this AUP.
• Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
• Use of the 24Shells, service for any activity which affects the ability of other people or systems to use 24Shells, Services or the Internet. 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 Member´s responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual´s computer system will result in immediate account termination. 24Shells, will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
• Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system or broadcast attacks.
• Forging any TCI/IP packet head or any part of the header information in an email or newsgroup posting originating or passing through 24Shells, network or service is in violation of this AUP.

EMAIL ABUSE:

Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A user shall not use another site´s mail server to relay mail without the express permission of the site.

NEWSGROUPS ABUSE:

Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting, also known as "SPAM") is explicitly prohibited.

OTHER ACTIVITIES:

Engaging in activities, whether lawful or unlawful, that 24Shells, determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.

INDIRECT OR ATTEMPT VIOLATIONS OF THE POLICY, AND ACTUAL ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A 24SHELLS CUSTOMER OR A CUSTOMER´S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.

24Shells Interim Designation of Agent to Receive Notification of Claimed Copyright Infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512

Complaints regarding illegal Use or abuse of System or Network Security, Email, Solicitation or Spam should be emailed to 24Shells at abuse@24Shells.net