Ewart Technologies, Inc. - Acceptable Use Policy

Ewart Technologies, Inc.
PMB #160
15751 Sheridan Street
Ft. Lauderdale, FL 33331

(305) 607-8687	Phone
(305) 675-4681	Fax

Ewart Technologies, Inc. does have some restrictions on how its service may be used. This document outlines how the service may be used.

Our acceptable use policy has been formulated with the following goals in mind:

	To maintain the highest quality of service for all of our customers.
	To protect our customers and ourselves from liability.
	To maintain the image and reputation of our customers and ourselves.
	To encourage the responsible use of Internet resources and to discourage practices which degrade the usefulness of Internet resources.

The acceptable use policy (AUP) defines behavior with which Ewart Technologies, Inc. expects its customers to strictly comply while using our services.

We reserve the right to change this policy at any time, without notice.

As such, we expect our customers to review this policy from time to time in order to maintain compliance.

To report violations of this AUP, please email [email protected], or call us at (305) 607-8687, and ask for the abuse department.

1. Security

Circumventing security measures or interference with the services of another user, host, or network is explicitly prohibited.

This includes, but is not limited to, denial of service attacks, password cracking, use of security exploits, or using resources not allocated to you.

Customers will be held liable for any activity on, against, or otherwise related to their web site, even if the customer did not initiate that activity.

2. High-risk services

High-risk services, which are services which tend to attract denial of service attacks, are strictly prohibited. This includes, but is not limited to, IRC related services and selling of shell accounts.

3. Mandatory Security Updates

Ewart Technologies, Inc. reserves the right to issue 'Mandatory Security Updates'. These are updates that the customer must apply as quickly as possible.

If the customer does not apply them within a reasonable amount of time, to be determined by Ewart Technologies, Inc., then Ewart Technologies, Inc. will apply them for the customer at our standard hourly rate.

We only issue 'Mandatory Security Updates' when we find that an exploit is being so widely used, that it represents a threat to our servers, our network or the Internet in general.

4. Network Policies

IP allocation is governed by ARIN policy. Particularly, ARIN policy states that the use of IP addresses for IP based virtual hosts will not be accepted as justification for the allocation of new IP addresses. This means that you MUST use name based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use the IP addresses in violation.

5. Contact Information

Customers are responsible for maintaining their contact information with us such that the email address is always reachable even in the event of their hosting service being shut down.

6. Unsolicited Bulk Email, and Messaging -- SPAM

Ewart Technologies, Inc. strongly believes that UCE/UBE degrades the usability of Internet mail services everywhere, and thus any spam or spam support services are expressly prohibited from using our network.

This includes supporting the beneficiaries of spam in any shape or form, including, but not limited to, hosting DNS, web sites, or email addresses related to spam.

Distribution of spam-related software is also strictly prohibited.

Mailing lists must be true opt-in mailing lists. Before sending any email to a listed user, a confirmation email, with a tracking number, must be sent to the new subscriber, to which they must respond with a confirmation that they wish to be added to the list. You must keep these confirmations on file, so that in the case that a spam complaint is made against you, you have proof that the user did indeed opt-in. In addition, you must provide at least one easy way to opt out; see the MAPS guidelines (http://mail-abuse.org/rbl/manage.html) for details. Opt-out requests must be honored immediately.

If your server or web site is used to send any email at all, it must also conform to RFC1123; in particular, it must accept mail for 'postmaster' and must accept bounces (which have a FROM address of '<>').

7. General legal compliance

Customers are prohibited from using Ewart Technologies, Inc.'s services in order to engage in any activities which are, in Ewart Technologies, Inc.'s sole discretion, unlawful, threatening, abusive, libelous, or would constitute a criminal offense, give rise to civil liability, or otherwise violate the laws of any applicable jurisdiction.

Any disputes between Ewart Technologies, Inc. and any user of Ewart Technologies, Inc. controlled resources will be settled through arbitration and any legal action will be in the jurisdiction of and be settled in Broward County, Florida.

8. Facilitating violations, attempted violations, and the 'spirit' of the AUP

Any activities that would facilitate or promote activities which violate this AUP will be considered violations of this AUP. Attempted violations will be treated as if they succeeded.

It is not possible to enumerate all possible violations of our AUP. We expect our customers to comply with the spirit of this AUP, particularly the four points at the beginning of this document.

9. Indemnification

You agree to indemnify Ewart Technologies, Inc. for any liability and loss incurred as a result of activities that occur within resources allocated to you by Ewart Technologies, Inc.

10. Third parties

Any third party acting on your behalf must follow this AUP.

If you provide third parties with services, you must also present them with an AUP that complies with ours; you may also add your own policies if you desire, as long as they do not conflict with this AUP. In case of conflicts between AUPs, Ewart Technologies, Inc.'s AUP will take precedence over customers' AUPs.

11. Violation of this AUP.

In addition to the indemnification clause, Ewart Technologies, Inc. will take actions to enforce this AUP.

	We may, at our discretion 'black hole' IP space violating our AUP.
	We may, at our discretion, completely disconnect servers, web sites and/or networks which are violating our AUP.
	We may, at our discretion, accelerate any contracts we hold with the customer responsible for the violation of this AUP.
	We may, at our discretion, completely terminate any and all services we provide to the customer responsible for the violation of this AUP.

Customer agrees to cover all costs incurred by Ewart Technologies, Inc. as a result of AUP violations, and to additionally pay an administrative fee of $500 per violation, or $95 per hour for our time, whichever is greater.

12. Disclaimer

Ewart Technologies, Inc. reserves the right to discontinue service at any time for any reason.

You agree that Ewart Technologies, Inc.'s responsibility for loss of data, delays, non-deliveries, wrong delivery, and any and all service interruptions shall be limited to credits described by the Service Level Agreement (SLA) included in your contract, and that the results of any invocation of any clause in this AUP shall not result in SLA credits.

If no Service Level Agreement is included in your contract, you agree that Ewart Technologies, Inc. has no liability.