Legal documents

Acceptable Use Policy

staff@netmar.com (Administrator) — Thu, 18 Feb 2010 18:15:09 +0000

Summary:

This summary section is not intended as a legal document, and it does not supercede the official AUP. It is intended only as a summary of the official AUP.

1.) Illegally copied software – Referred to as “Warez” or “Cracked” or “Pirated” software. This is absolutely not allowed on our network.

2.) Pornography – Absolutely no pornographic material is allowed on our network.

3.) Copyrighted Material – No Netmar user may have on their server copyrighted material without permission.

4.) Objectionable material – At the discretion of Netmar Staff, we may choose to cancel accounts containing content we feel is objectionable, i.e. hate propaganda, satanic literature, etc.

5.) Hacking – No Netmar resource may be used to gain unauthorized access into someone else’s computer. This also applies to DoS / DDoS attacks - No Netmar resource may be used to perform denial of service attacks. If you have caused Netmar to become the target of such an attack, we may cancel your account.

6.) IRC – IRC servers are no longer allowed on our network. The abuse that hosting an IRC server promotes is just too great.

7.) UCE/Spam – Netmar has ZERO tolerance for spam / unsolicited commercial email. If you are caught sending spam through our network, your account will be immediately terminated and no refund will be given. There are no warnings given beyond the official AUP, which must be read and agreed to upon account signup. In addition, no spam-friendly websites (websites that are advertised via spam) are allowed.

Official Acceptable Use Policy

v.20100218-1

The terms for use of Netmar computer systems, network transit service, and content provision (“Systems”) follow. Use of Netmar Systems is contingent on acceptance of the following policy.
This agreement is subject to change at any time, and future revisions will take precedence over older versions. The latest and current version of this document may be found at: http://www.netmar.com/aboutus/legal/aup.html
Current version revision date: 2/18/2010

1.) Netmar specifically and categorically does not allow illegal software to reside on Netmar Systems. This may include, but is not limited to, copyrighted software programs for which customer does not either own the copyright or have permission to distribute the program, programs for which software to circumvent copy protection has been implemented (“warez”), any software designed specifically to bypass copyright protection or to make available without pay software that is copyrighted (“cracks”), and software for which the sole intent is to invade or maliciously attack another person’s internet presence (“hacking programs”). Decisions on what constitutes a violation of Section (1) are left solely to Netmar Staff.

2.) Netmar specifically and categorically does not allow material of a pornographic nature on Netmar Systems. This may include, but is not limited to, images depicting explicit sexual acts, video files depicting explicit sexual acts, and textual accounts of explicit sexual acts. Exceptions to Section (2) may include depictions deemed to be of artistic or historic value and depictions of a medical nature (for example, neither Botticelli’s “Birth of Venus” nor a website advocating breast cancer awareness are pornographic). Decisions on what constitutes a violation of Section (2) are left solely to Netmar Staff.

3.) Netmar customers may not possess on Netmar Systems any material for which they do not either a.) own the copyright or b.) have written permission from the copyright holder. Copyright material may include, but is not limited to, images, audio, video, and text displayed or made available for download on Netmar Systems. Any person wishing to report a copyright violation on Netmar Systems should contact either the offending party directly or the U.S. Copyright office. All complaints relating to copyright infringement must be made in writing. Upon request, customers must be able to furnish Netmar with written proof of permission of copyright licensure.

4.) Netmar Systems may not be used to transmit information related to objectionable material. This may include, but is not limited to, information specifically designed to incite violence (the “anarchists’ cookbook”), material which promotes or disparages a person or group of people on the basis of sex or race (e.g. “white supremacy literature”), or material which promotes satanic ritual or worship. Decisions on what constitutes a violation of Section (4) are left solely to Netmar Staff.

5.) Netmar Systems may not be used to gain unauthorized access to, or restrict access to, another web presence. This includes, but is not limited to, hacking, port scanning, brute-force password attempts, packet-sniffing, Denial of Service attacks, and participation in Distributed Denial of Service attacks. Decisions on what constitutes a violation of Section (5) are left solely to Netmar Staff.

6.) Netmar Systems may not be used to host any program which will be used to connect client machines or clients to an IRC network. This includes, but is not limited to, ircd, ircu, and all other irc servers. IRC client connections, bounces (BNC sessions), and bots are permissible under Section (6) for clients who have their own Netmar Dedicated Server accounts.

7.) Netmar specifically and categorically does not allow the use of Netmar Systems to transmit any unsolicited commercial email (“UCE” or “spam”). Netmar has a zero-tolerance policy for spam. Customers found in violation of section (7) will be subject to immediate account termination. Unsolicited Commercial Email violations include, but are not limited to, transmission or origination of unsolicited commercial email, hosting of content referred to in a spam email, providing software related to sending unsolicited commercial email, and providing lists of email addresses for the purpose of sending unsolicited commercial email to the email addresses on the list. Decisions on what constitutes a violation of Section (7) are left solely to Netmar Staff.

Privacy Policy

staff@netmar.com (Administrator) — Thu, 18 Feb 2010 17:37:43 +0000

Netmar Privacy Policy

· Netmar LLC provides a safe and secure service to all customers who have contracts with us. We strive to protect all personal information that is collected online via our website or any other access to our network.This privacy policy states the measures that have been taken to insure personal information confidentiality.

· Netmar LLC reserves the right to change this privacy policy for future changes in the company. When this policy is altered, the current version is the authoritative version, superseding previous versions. However, the privacy policy version that is in effect at the time of collection of any specific piece of data will be the policy adhered to for that collection.

Means of Collecting information

· Any personal contact information collected by Netmar LLC is received through voluntary submission by customers.
All information received is transmitted via a secure browser or terminal window.

What information is collected and how it is used

· Any personal information collected by Netmar LLC is used for internal, organizational and billing, purposes only. Credit card information is collected for user authorized payments including the first payment of an account. Customers may elect to pay via other methods than Credit Card after the first payment. Personal information includes name (first and last), address, phone number, email address, and secondary contact information per customer request.

· Personal information is not sold to or shared with any third party, with the following exceptions: Netmar will fully comply with the requests of any official law enforcement agency having jurisdiction in a matter involving Netmar, and Netmar reserves the right to submit personal information to credit collection agencies when an account has been determined to be delinquent in payment.

· When visitors come to our site, non-personally identifiable information is collected. This information includes Operating System (Linux, Windows, Solaris, etc.), browser (Internet Explorer, Netscape, Mozilla, etc.), referring website, and I.P. address.

· We will not use personal information in a manner different from the practices described above without providing notification to the customer and only after receiving consent to commence in such actions. We do reserve the right to use information collected by our web server in order to study traffic patterns and determine how to most effectively market Netmar's services.

Keeping Information Current

· It is the sole responsibility of the customer to keep information current with Netmar LLC Information can be updated only by the primary account holder. In the event that Netmar needs to contact a customer who's contact information is out of date, Netmar may use any means available to obtain correct contact information.

Computer and Cookie Tracking

· Netmar LLC reserves the right to use cookies in order to track frequency and/or number of visits to our web page.

Security

· We have in place digital, physical, and human measures to protect and prevent unauthorized access, maintain data security, and correctly use personal information collected online.

· Credit information is collect through web browser via Secure Socket Layer protocol (SSL).

Contact Us

· Any question, comments, or concerns in regard to our privacy policy should be directed staff@netmar.com.

Netmar Service Level Agreement

staff@netmar.com (Administrator) — Thu, 18 Feb 2010 06:10:04 +0000

Section 1: Definitions

1.1 Netmar Network

The Netmar Network is defined as the communications architecture, including routers and routing equipment, routing software, firewalls, firewall software, switches, switching software, and cabling provided by Netmar and used in the transmission of data between the client’s server and the internet.

1.2 The Internet

The Internet is herein defined as anything beyond the remote end of any and all internet connections that connect into the Netmar Network. Netmar cannot be held responsible for internet connectivity beyond the remote end of the internet connections that connect to the Netmar Network.

1.3 Base Monthly Fee

Base Monthly Fee is defined as the recurring fee assigned to the customer for the server itself without the inclusion of additional bandwidth, disk space, or other services.

1.4 Notification

In any instance which the client is required to make notification to Netmar, the Netmar ticketing system (available at https://www.netmar.com/supmenu/helpdesk.html) must be used.

1.5 Server Hardware

A client’s Server Hardware is defined as the sum of parts internal to the client’s server, including, but not limited to, motherboard, processor(s), heat sink, RAM, any fan(s), hard drive(s), power supply, network card(s), and RAID-controllers, or any such parts used to provide hosting for a customer's virtual machine.

Section 2: Network Accessibility

2.1 Network Uptime

The Netmar Network will be available 99.97% of a billing cycle (0.03% of a billing cycle is herein defined as 780 seconds per billing cycle). Network availability is defined as the capability to transit packets between the client’s server and the internet. This guarantee covers all hardware and software defined as the Netmar Network.

Credit will be issued for network inaccessibility at the rate of 5% of the client’s Base Monthly Fee for each whole hour of downtime beyond an initial 780 seconds. Any fraction of an hour in addition to the number of whole hours of downtime will be rounded up to the next hour, and network inaccessibility will be calculated thus.

2.2 Packet Transmission

The average rate of successful packet transmission between the client’s server and the internet will be no less than 99.00% each billing cycle. This measurement is recorded every 15 minutes by Netmar and the average of all recordings is calculated at the end of each billing cycle.

Credit will be issued for packet loss at the rate of 5% of the client’s Base Monthly Fee for each integer percentage below 99.00%. Fractional percentages amounting to less than one integer percentage, but constituting a total packet transmission percentage of less than 99.00%, will be rounded down to the integer below the fraction and calculated thus.

2.3 Packet Latency

The average monthly latency, calculated from the beginning to the end of the billing cycle, of the client’s transmitted data will not exceed 1 millisecond within the Netmar Network and 100 milliseconds to and from the Internet. Latency within the Netmar Network is defined as the roundtrip time to a Netmar border router. These measurements are recorded every 15 minutes by Netmar and the average of all recordings is calculated at the end of each billing cycle.

Credit will be issued for high latency at the rate of 5% of the client’s Base Monthly Fee for any billing cycle in which this guarantee is not fulfilled.

Section 3: Server Operability

3.1 Hardware Replacement

Server Hardware in the client’s server will be replaced within 2 hours of problem identification, defined herein as the time at which Netmar determines that a specific piece of hardware has failed. This guarantee applies only to hardware furnished by Netmar.

Credit will be issued for hardware replacement at the rate of 5% of the client’s Base Monthly Fee for each whole hour of downtime exceeding 2 hours after problem identification. Any fraction of an hour in addition to the number of whole hours of downtime will be rounded up to the next hour and will be calculated thus.

Time required to rebuild RAID arrays is not covered by the Netmar Service Level Agreement.

3.2 Availability of Suitable Operating Environment

The Netmar infrastructure required to maintain a suitable operating environment will be available 99.97% of a billing cycle (0.03% of a billing cycle is herein defined as 780 seconds). This includes uninterruptible power supplies, power distribution architecture, Heating, Ventilation, and Air Conditioning, and any other equipment provided by Netmar external to the server used in the process of creating a suitable operating environment.

Credit will be issued for environment related downtime at the rate of 5% of the client’s Base Monthly Fee for each whole hour of downtime beyond an initial 780 seconds. Any downtime in addition to the number of whole hours of downtime will be rounded up to the next hour, and will be calculated thus.

3.3 Claiming credit under Section 3

For each single instance, customers may petition for downtime credit under either Section 2 or Section 3, but no customer may petition for downtime under both Section 2 and Section 3 for any single instance of downtime.

Section 4: Claiming Credit

4.1 Notification and Identification of Downtime

Any credit accruing from server or network downtime begins from the time the client notifies Netmar and ends when Netmar has determined the problem is rectified. The client must specifically request credit after the downtime has ended and before the end of the current billing cycle, or within 10 days, whichever is longer.

4.2 Ineligibility of Scheduled Downtime

Netmar may perform scheduled maintenance on the client’s server and induce downtime not covered by this Service Level Agreement by providing the client with downtime notification no less than 72 hours in advance.

4.3 Ineligibility of Delinquent Clients

Clients who are delinquent in their accounts are ineligible for Service Level Agreement credit.

4.4 Maximum Credit

The Netmar Service Level Agreement may only grant the customer reimbursement up to and including the customer’s base monthly fee. Customers may not receive credit exceeding their base monthly fee.

4.5 Maintenance Requested by Clients

Any maintenance requested by the client is ineligible for Service Level Agreement credit, unless the maintenance exceeds the estimated amount of time to accomplish the maintenance provided to the client by Netmar Staff. In the event that an estimate amount of time to accomplish the maintenance is not agreed upon by both Netmar and the Client, the estimate will be assumed to be infinite.

4.6 Simultaneous Downtime Credit Exclusion

Each period of downtime may be covered by only one request for credit. No single period of downtime may receive credit resulting from more than one Section of the Netmar Service Level Agreement. Downtime is cumulative across a billing cycle.

Section 5: Modifications to Service Level Agreement

5.1 Authoritative Version of this Document

Netmar reserves the right to update or modify in any way any section of this Service Level Agreement. When any change to the Service Level Agreement is made, the most recent version is authoritative over previous versions. The Netmar Service Level Agreement will be made available at: http://www.netmar.com/aboutus/legal/sla.html.

Revision date: 2/18/2010
Effective Date: 1/19/2004
(this document is not retroactive for customers who sign up prior to this date)