Acceptable Usage Policy

 

This AUP governs the use of NullPoint’s services. Violation of this AUP may result in suspension or termination of your service. NullPoint may modify this AUP at any time without notice.
NullPoint’s services are only to be used by you, in accordance with applicable laws and/or regulations. In the event of a dispute between you and NullPoint regarding the AUP, NullPoint’s interpretation shall govern.

If you have any questions regarding this AUP, please contact NullPoint’s legal department at legal@nullpointhosting.com

 

Table of Contents

 

• Offensive Content
• Resource Usage
• Network Abuse
• IP Addresses
• Unaccepted Material
• Security
• Bulk Commercial E-Mail
• Unsolicited E-Mail
• Copyright Material and Infringement Notice
• Abuse Handling Policy
• Other
• Disclaimer

 

Offensive Content

 

You may not use NullPoint services to publish or transmit any content that NullPoint reasonably believes:

• Constitutes pornography of any kind, including, but not limited to child pornography.
• Incites or threatens violence, contains hate speech and/or harassing content.
• Is defamatory or violates a person’s privacy.
• creates a risk to a person’s or public safety or health
• promotes illegal gambling, illegal arms trafficking, illegal drugs, and/or violates export control laws.
• is deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes.
• Is intended to assist with defeating technical copyright protections.
• Is clearly infringing on another person’s or company’s trademark, service mark, patent, or other property right.
• Is exposing trade secrets or confidential or proprietary information of another person or company.
• Is otherwise illegal, malicious, fraudulent which could result in retaliation against NullPoint by offended viewers.
• Is soliciting conduct that is illegal under laws applicable to you or NullPoint.

 

Resource Usage

 

NullPoint reserves the right to determine what constitutes resource abuse and take appropriate action such as suspension or termination of accounts in violation of these terms with or without prior notice and without liability.

• Usage of any distribute computing software.
• Usage of any software that interfaces with an IRC (Internet Relay Chat) network.
• Run any software for file sharing, torrenting, P2P network services on the client or server side.
• Run gaming servers or communication servers such as Counter-Strike, Call-Of-Duty, Teamspeak, Mumble, etc.
• Usage of a bitcoin, or any other cryptocurrency mining software.
• Use of 25% or more of system CPU resources for longer then 90 seconds. Many processes and activities can cause this such as PHP, Python, Perl, HTTP, etc.

 

Network Abuse

 

NullPoint does not condone or authorize any forms of Network Abuse. Abuse includes, but is not limited to DDOS (Distributed Denial of Service), SYN Floods, Phishing attempts, port scans.

Illegal, abusive, or irresponsible behavior includes, but is not limited to:

• Monitoring data or traffic on any network or system without authorization from the owner of said system or network.
• Forging of any TCP-IP packet header or any part of the header information in an email or posting.
• Using NullPoint’s network that unreasonably interferes with other NullPoint customers on the network.
• Unauthorized access to systems or networks, including any attempt to probe, scan, or test vulnerability of a system or network.
• Attempting to breach security of a system or network without expressed consent by owner, including those belonging to NullPoint or its customers.
• Attempting to interfere with a user’s service or network including but not limited to: flooding, mail bombing, or overloading a system.
• Any conduct that could result in retaliation against NullPoint or the NullPoint network.

 

IP Addresses

 

NullPoint assigns IP addresses to clients based upon the guidelines of ARIN: https://www.arin.net/policy/nrpm.html All IP Address allocations must be justified based upon this policy. NullPoint reserves the right to request verification at any time for assigned IP addresses at which time under NullPoint’s discretion IP assignments may be revoked.

 

Unaccepted Material

 

NullPoint does not accept content or material to be published on our servers or transmitted via our network which includes but is not limited to:

• VPN, Proxy, Tor, Torrents, Warez, Escrow, Illegal Gambling, Lottery, HYIP (High Yield Investment Programs) Sites or services.

Content “published or transmitted” via NullPoint’s service includes Web content, email, bulletin or newsboard postings, chat, and any other type of posting or transmission that relies on any service provided by NullPoint.

NullPoint reserves the right to suspend or terminate service for any of the reasons stated above with or without refund.

 

Security

 

You must take reasonable security precautions. You must protect the confidentiality of your passwords, and you should change your passwords periodically.

 

Bulk Commercial E-Mail

 

Any kind of bulk emailing is strictly prohibited on shared hosting. You must obtain NullPoint’s approval in advance for any bulk commercial e-mail. In order to be approved to send bulk e-mail, you must be able to show compliance with all of the following to NullPoint’s reasonable satisfaction:

• All Bulk Emailing must be limited to no more than 60 sent email per minute.
• Your intended recipients must have given their consent to receive e-mail via some means such as an opt-in procedure.
• You retain evidence of the recipients consent in a form that may be promptly produced on request, and you honor the recipient’s and NullPoint’s requests to produce evidence of consent within 72 hours of receipt of request.
• Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail for which consent is given.
• You have procedures in place that allow a recipient to easily revoke their consent, such as a link in the body of the email, or instructions to reply with the word “unsubscribe” in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours.
• You must have the means to track anonymous complaints.
• You must have a Privacy Policy posted for each domain associated with the mailing.
• You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the “TO” line of the e-mail. You also agree to comply with the CAN SPAM Act and other applicable law.

These policies apply to messages sent using your NullPoint service, and also to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted on your NullPoint service.

You also may not use a 3rd Party e-mail service that does not practice similar procedures for all of its customers.
NullPoint reserves the right to test or monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.

 

Unsolicited E-Mail

 

You may not send any unsolicited e-mail, whether in bulk or individually, to any person who has indicated that they do not wish to receive it.

 

Copyright Material and Infringement Notice (DMCA – Digital Millennium Copyright Act)

 

You may not publish, distribute, or otherwise copy in any manner music, software, art, or other work protected by copyright law unless you have obtained consent from the owner of said copyright to copy the work in a given manner, or are otherwise permitted by established United States copyright law.

NullPoint reserves the right to terminate service to customers with repeated copyright infringements.

If you believe your copyright is being infringed upon by a customer using the NullPoint network, please send your written notice of copyright infringement to:

Copyright Agent
NullPoint Systems, LCC dba NullPoint Hosting
4496 Mahoning Ave
Suite 203
Youngstown, OH 44515
Email: abuse@nullpointhosting.com

Your notice must include the following:

• Identification of the copyrighted work or works that is claimed to be infringed upon.
• Identification of the infringing material that is to be removed or access to be disabled.
• Information reasonably sufficient to permit NullPoint to locate the material.
• A statement that you have a belief, in good faith, that the infringing material is not authorized by the copyright owner, the copyright agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Abuse Handling Policy

 

NullPoint standard policy is to contact The Customer during which a violation of the AUP or TOS has occurred, however, NullPoint does reserve the right to suspend or terminate an account with or without notice at it’s own discretion. The Customer agrees to maintain up to date primary contact email information with NullPoint. The violation shall be listed in the Subject of the email sent from our abuse department (abuse@nullpointhosting.com). The Customer shall be given all appropriate details of the Violation as well as a time frame to correct the issue before action shall be taken. Once the email has been sent to The Customer, NullPoint will consider that The Customer has been notified. NullPoint reserves the right to use discretion on the amount of time given for a customer to correct the issue before action is taken.

For example: A violation containing a “Phishing” site is lodged against the customer, the offending files will be immediately disabled and the customer will be given 24 hours to clean and secure the site. If after 24 hours The Customer has not replied confirming they have taken action, further action may be taken such as suspending the individual site and/or suspending the entire VPS or Dedicated Server.

For example: A violation resulting in a “Spam” complaint. We shall investigate the complaint to determine how the spam is being sent. We shall provide a best effort analysis to locate the source of the spam. If for example it is being sent from a script, we shall attempt to disable that script and notify The Customer. If it is being sent from an individual account, if possible, we will attempt to disable password access to that account. We shall then notify the customer giving them 24 hours to investigate the complaint and provide a resolution to the abuse complaint. Should we be unable to isolate and/or disable the source of the “Spam” we may place a SMTP filter against The Customer’s service to prevent additional emails from being sent out until at which time a resolution to the issue is made. If after 24 hours no response has been received from the customer, additional steps may be taken to ensure the “Spam” has been stopped such as system wide SMTP filters, suspension of individual sites, disabling password access to certain accounts, disabling of scripts or as a final step suspension of all services.

For example: A violation resulting from “Resource Abuse”. We shall investigate the resource abuse and provide the Customer with a best effort analysis of the problem causing the resource abuse. At which time the Customer will be given a time frame to make the corrections to their code, scripts, mysql queries or software services running. If the issue is not corrected within the time frame given, NullPoint will then take further steps to ensure the stability of the network and servers and may take actions including but not limited to disabling plugins, themes, accounts, scripts, services and in reserves the right to issue a full service suspension depending on the severity of the issue based upon NullPoint’s judgment of the scenario.

None of the above examples are meant to be specific guidelines with regards to how each and every case may be handled. NullPoint reserves full rights to use it’s judgment and discretion in how each individual case is handled.

 

Other

 

You must have valid and current information on file with your domain registrar for any domain hosted on the NullPoint network.
You must comply with the rules of any other network you access or participate in using NullPoint’s services.

 

Disclaimer

 

NullPoint is under no duty, and does not by this AUP undertake a duty, to monitor or police our customer’s activities and disclaims any responsibility for any misuse of the NullPoint network.