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Introduction and Purpose
This document sets forth
the principles, guidelines and requirements of the Acceptable Use Policy
of InterHAND Servicios Profesionales S. A.
("Company") governing the use by the Customer ("Customer") of the
Company's services and products ("Services and Products"). The Purpose
of Company's Acceptable Use Policy, hereinafter referred to as the AUP,
is to comply with all Costa Rica laws coupled with protecting the
network security, network availability, Customer privacy, and other
factors affecting the services provided by Company. Company reserves the
right to impose reasonable rules and regulations regarding the use of
its services provided to all Customers and such rules and regulations
are subject to change. Such rules and regulations are located on the
Internet at
http://www.interhand.net/legal/index.html. The AUP is not an all
inclusive exhaustive list and Company reserves the right to modify the
AUP at any time as needed, effective upon either the posting of the
modified AUP to http://www.interhand.net/legal/index.html or
notification to the Customer via email. Acceptance and execution of the
Master Services Agreement binds all parties to Company stated AUP at the
time the contract is executed and as modified from time to time. Any
violation of the AUP may result in the suspension or termination of
Customer account(s) or such other action as Company deems appropriate.
No credits will be issued for any interruption in service resulting from
policy violations.
VIOLATION OF ANY SECTION OF THE AUP IS STRICTLY PROHIBITED AND MAY RESULT
IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES CUSTOMER
RECEIVES FROM COMPANY.
Any questions or comments
regarding the AUP should be directed to
or
 .
Compliance with Law
Customer shall not post, transmit, re-transmit or store material on or
through any of Services or Products which, in the sole judgment of the
Company (i) is in violation of any Costar Rican law or regulation, (ii)
threatening, defamatory or that otherwise could adversely affect any
individual, group or entity (collectively, "Persons") or (iii) violates
the rights of any person, including rights protected by copyright, trade
secret, patent or other intellectual property or similar laws or
regulations including, but not limited to, the installation or
distribution of "pirated" or other software products that are not
appropriately licensed for use by Customer. Customer shall be
responsible for determining what laws or regulations are applicable to
its use of the Services and Products.
System and Network Security
Violations of system or network security are strictly prohibited, and may
result in criminal and civil liability. Company investigates all
incidents involving such violations and will cooperate with law
enforcement if a criminal violation is suspected.
Examples of system or
network security violations include, without limitation, the following:
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Introduction of
malicious programs into the network or server (example: viruses, worms,
Trojan Horses, key loggers, and other executables intended to inflict
harm).
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Effecting security
breaches or disruptions of Internet communication and/or connectivity.
Security breaches include, but are not limited to, accessing data of
which the Customer is not an intended recipient or logging into a server
or account that the Customer is not expressly authorized to access. For
purposes of this section, "disruption" includes, but is not limited to
port scans, flood pings, email-bombing, packet spoofing, IP spoofing and
forged routing information.
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Executing any form of
network activity that will intercept data not intended for the
Customer's server.
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Circumventing user
authentication or security of any host, network or account, including
“cracking.”
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Interfering with or
denying service to any user, host, or network other than the Customer's
host (example: denial of service attack or distributed denial of service
attack).
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Conduct designed to
avoid restrictions or access limits to specific services, hosts, or
networks, including but not limited to the forging of packet headers
(“spoofing”) or other identification information.
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Using any program
script/command, or sending messages of any kind, designed to interfere
with or to disable, a user's terminal session, via any means, locally or
via the Internet.
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Failing to comply with
the Company's procedure relating to the activities of Customers on the
Company's premises. Violators of the policy are responsible, without
limitations, for the cost of labor to correct all damage done to the
operation of the network and business operations supported by the
network. Such labor is categorized as emergency security breach recovery
and is currently charged at $100.00 USD per hour required. Network
interference by any Customers that may cause or is currently causing
network interference with another Customer will be disconnected
immediately. No service credits will be issued to Customers disconnected
for network violations.
Internet Etiquette
Each Customer is expected execute reasonable Internet etiquette
(Netiquette), the accepted behavior and expectations of the Internet
community. The Customer will comply with the rules appropriate to any
network to which Company may provide access. The Customer should not
post, transmit, or permit Internet access to information the Customer
desires to keep confidential. The Customer is not permitted to post any
material that is illegal, libelous, and tortuous, indecently depicts
children or is likely to result in retaliation against Company by
offended users. Company reserves the right to refuse or terminate
service at any time for violation of this section. This includes
advertising services or sites via IRC or USENET in clear violation of
the policies of the IRC channel or USENET group.
Child Pornography
Company will cooperate
fully with any criminal investigation into a customer violation of the
Costar Rican law against child explotation. Customers are ultimately
responsible for the actions of their clients over Company network, and
will be liable for illegal material posted by their clients.
According to the Costar Rican child law, child pornography includes
photographs, films, video or any other type of visual presentation that
shows a person who is or is depicted as being under the age of eighteen
years and is engaged in or is depicted as engaged in explicit sexual
activity, or the dominant characteristic of which is the depiction, for
a sexual purpose, of a sexual organ or the anal region of a person under
the age of eighteen years or any written material or visual
representation that advocates or counsels sexual activity with a person
under the age of eighteen years.
Hosting Policy
Data Unlawful or Against
the AUP: Promoting violation of the law or the AUP by hosting data that
facilitates the violation is prohibited, including but not limited to:
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Hosting web pages that
detail the methodology of committing unlawful acts, or acts violating
this AUP.
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Hosting software,
scripts, or other resources intended to facilitate committing unlawful
acts, or acts violating this AUP.
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Advertising,
transmitting, storing, or using any software, script, program, product,
or service designed to violate this AUP.
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Harvesting. The
collection of email addresses, credit card information, or other
personal information for fraudulent use or sale is prohibited.
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Phishing. Hosting web
pages with forwards to, containing scripts or executables for, or any
other component of an operation designed to fraudulently collect
authentication, credit card, names, addresses, or any other personal
data (“phishing”) is not permitted.
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Spamvertised Sites.
Hosting web pages advertised by spam sent from another network
(“spamvertised”) is not permitted.
Email Policy
Email Spam: Company has a
zero stance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE
are defined as: the sending of the same, or substantially similar,
unsolicited electronic mail messages, whether commercial or not, to more
than one recipient. A message is considered unsolicited if it is posted
in violation of a newsgroup charter or if it is sent to a recipient who
has not requested or invited the message. UCE also includes e-mail with
forged headers, compromised mail server relays, and false contact
information. This prohibition extends to the sending of unsolicited mass
mailings from another service, which in any way implicates the use of
Company whether or not the message actually originated from our network.
Block Removal: If
Customer actions have caused Company mail servers or Company IP address
ranges to be placed on black hole lists and other mail filtering
software systems used by companies on the internet, Customer will be
assessed a $100 charge to Customer account and $100 per hour for
administrative charges incurred to remove and protect mail servers and
IP ranges.
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Drop-Box Accounts.
Using this network for the receipt of replies to unsolicited mass email
(spam) sent from a third-party network is prohibited.
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Header Forgery: Forgery
of email headers (“spoofing”) is prohibited.
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Proxy Spamming:
Spamming via third-party proxy, aggregation of proxy lists, or
installation of proxy mailing software is prohibited.
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Relaying. Configuration
of a mail server to accept and process third-party messages for sending
without user identification and authentication is prohibited.
Mass Mailings: Sending
mass unsolicited email is considered spam. Unsolicited email is defined
as email sent to a recipient who has not double-opted in to mailings
from the Customer. Senders of mass mailings must maintain complete and
accurate records of all opt-ins, including the email and its headers if
applicable, and provide such records to Company upon request. If
positive and verifiable proof of opt-in cannot be provided, complaints
from recipients of the mailing are considered proof they did not
subscribe and the mailing is unsolicited.
Mailing Lists: Company's
mass mailing rules also apply to mailing lists, list servers, or mailing
services contracted for by Customer. The policy is stated as follows: An
acceptable mailing list will be focused at a targeted audience that has
voluntarily signed up for e-mail information using a double opt-in
process or that has made their e-mail address available to Customer for
distribution of information. The list must also allow for automatic
removal by all end Customers with non-distribution in the future.
Fraud Policy
By agreeing to this AUP,
Customer affirms that the contact and payment information provided to
Company identifies Customer and that Customer is authorized to use the
payment method. Commitment of fraud, obtaining services, or attempting
to obtain services by any means or device with intent to avoid payment
is prohibited.
Reseller Policy
Resellers are responsible
for the conduct of their Customers and by agreeing with this AUP, agree
that their Customers will adhere to the AUP. Resellers should make their
perspective Customers aware of the AUP and the consequences for
violation.
Suspension and Cancellation
Company will use reasonable care in notifying the Customer and in
resolving the problem in a method resulting in the least amount of
service interference as reasonably possible. Company reserves the sole
right to suspend service to any Customer located in our datacenter for
violation of the AUP without notice. Company reserves the right to
terminate service without notice for any violations of the AUP.
Violations of the AUP
will result in the following:
72 hours is the
standard notification; situations involving law enforcement, phishing,
fraud, password harvesting, network interference, or other malicious
activity can reduce the notification time frame.
Failure to resolve the
AUP violation within 72 hours will result in the following:
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Removal of the
violating content or service
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Removal of DNS for the
hosting domain
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Temporary shutdown of
the hosting domain
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Block on outgoing mail
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IP address routing to
null
Repeat violation of the
above terms will result in the following actions.
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