This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral part of your Hosting Agreement with Black Fox Limited. If you engage in any of the activities prohibited by this AUP document Black Fox Limited may suspend or terminate your account.
Black Fox Limited's Acceptable Use Policy (the "Policy") for Black Fox Limited Services is designed to help protect Black Fox Limited, Black Fox Limited's customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by Black Fox Limited. Black Fox Limited reserves the right to modify the Policy at any time, effective upon posting at http://Black Fox Limited.com/tos/#AUP.
rDNS requests: All rDNS requests for ranges larger than ten (10) IP addresses may require, at the discretion of Black Fox Limited, a justification and/or an opt-in list. Black Fox Limited reserves the right to deny or revoke rDNS entries which it deems to be in violation of this document.
Prohibited Uses of Black Fox Limited Systems and Services:
Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through Black Fox Limited's servers is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, email address or utilizing any resource hosted on Black Fox Limited's servers, is prohibited. Black Fox Limited accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Black Fox Limited customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any Black Fox Limited-hosted domain, or referencing any Black Fox Limited account, is prohibited.
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org/rokso.
Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g. "cracking" or "spoofing").
Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Black Fox Limited customers or end-users by any means or device.
Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the Black Fox Limited network or on another provider's network.
Using Black Fox Limited's Services to interfere with the use of the Black Fox Limited network by other customers or authorized users.
Child Pornography and related materials: Hosting child pornography is NOT allowed; Any client found to be doing so will be cancelled immediately upon discovery and reported to the proper authorities. (Legal pornographic material is allowed to be hosted.)
Resource/Node Abuse: Black Fox Limited reserves the right to cancel or suspend any account which Black Fox Limited deems to be abusive or over-using resources outlined in the respective Customer's service plan. VPS accounts are subject to suspension without notice if it is found to be abusing the VPS node's resources. Resource/Node abuses include but are not limited to:
Specifically prohibited services:
Denial of Service attacks
Additionally, in consideration for hosting services to be delivered, Customer agrees to be bound to the following terms:
Indemnification. Customer agrees to indemnify and hold harmless Company (Black Fox Limited), and the employees and agents of Company (Black Fox Limited) (each an "Indemnified Party") against any losses, legal fees, claims, data-loss, damages, liabilities, penalties, actions, proceedings or judgements (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Customer's use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including attorneys' fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
Limitation on Company Liability. Company shall not be deemed to be in default of any provision of this Agreement or be liable for any failure of performance of the Services and Products (including server interruption) to Customer(s) resulting, directly or indirectly, from any (i) weather conditions, natural disasters or other acts of God, (ii) action of any governmental or military authority, (iii) failure caused by telecommunication or other Internet provider, or (iv) other force or occurrence beyond its control. No fees paid by the Customer to the Company, (Black Fox Limited) shall be deemed refundable. The current term of this Agreement. COMPANY SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY'S SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS COMPANY PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND COMPANY SHALL HAVE NO LIABILITY THEREFORE.
Notices. Unless otherwise specified herein, any notices or other communications required or permitted hereunder shall be sufficiently given if in writing and delivered personally or sent by facsimile transmission, internationally recognized overnight courier, registered or certified mail, to the address or facsimile number of Customer as set forth in the Service Descriptions or Company as set forth below. Such notices or other communications shall be deemed received (i) on the date delivered, if delivered personally, (ii) on the business day (or, if international, on the second business day) after being sent by an internationally recognized overnight air courier or (ii) five days after being sent, if sent by first class registered mail.
Black Fox Limited shall not be liable for delays or defaults. Black Fox Limited shall not be liable for delays or defaults in furnishing goods or services hereunder, if such delays or defaults on the part of Black Fox Limited are due to:
Acts of God or of a public enemy.
Acts of the United States or any state or political subdivision thereof.
Fires, severe weather including but not restricted to wind, water damage, floods, earthquakes, natural disasters, explosions or other catastrophes.
Embargoes, epidemics or quarantine restrictions.
Delays of supplier or delay of transportation for any reason.
Causes beyond the control of Black Fox Limited (as determined by Black Fox Limited), in furnishing items or services including, but not limited to, breakdown or failure of machinery or equipment, or delay in Client reporting problems or furnishing information or materials. Acceptance of delivery of goods or services shall constitute a waiver and release pertaining to Black Fox Limited as an entity, by Client (Customer), for any claim for damages, setoff, discount or other liability on account of delay or other reason(s).
Third Party Transactions at Client's Peril. The parties expressly recognize that Black Fox Limited does not operate, control or endorse any information, products or services on the Internet, and that any entities that do offer such information, products or services are not affiliated with Black Fox Limited. Black Fox Limited does not make any express or implied warranties, representations or endorsements TO CLIENT OR ANY THIRD PARTY whatsoever with regard to any information, products or services provided through Black Fox Limited AND OBTAINED OR CONTRACTED OVER the Internet, including, without limitation, warranties of: 1) MERCHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE; 3) EFFORT TO ACHIEVE PURPOSE; 4) QUALITY; 5) ACCURACY; 6) NON INFRINGEMENT AND 7) TITLE. Black Fox Limited shall not be liable TO CLIENT CUSTOMER OR ANY THIRD PARTY for any cost or damage arising either directly or indirectly from any transaction involving third parties' information, products or services. Jurisdictions that do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation, will be offset by Client's responsibility to personally indemnify Black Fox Limited and it's affiliates from any liabilities, personal or otherwise and will reimburse Black Fox Limited for total legal costs that may ensue from any legal process therein.
Downloading of Data or Files at Client's Peril. The parties expressly recognize that Black Fox Limited cannot and does not guarantee or warrant that files available for downloading through Black Fox Limited will be free of infection, viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. Client agrees that it shall be solely responsible for implementing sufficient procedures to satisfy Client's particular requirements for accuracy of data input and output, and for maintaining a means external to Black Fox Limited for the reconstruction of any lost data. The parties also expressly recognize that the Internet contains unedited materials, some of which are unlawful, indecent, or offensive to Client, and access to such materials by Client is done at Client's sole risk.
Miscellaneous. Failure by either Company (Black Fox Limited) or Customer to enforce any of the provisions of this Agreement or any rights with respect hereto or the failure to exercise any option provided hereunder shall in no way be considered to be waiver of such provisions, rights or options, or to in any way affect the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
Customer Colocation We take pride in our shipping and packaging. However, in the unlikely event that something does happen, we recommend that you request that the shipped item be insured. You will need to pay for this beforehand up to the amount of insurance that you wish to have on the package. Black Fox Limited is not responsible for insuring your co-lo package, or your equipment. In the event that something does happen during the shipping process, we recommend that you immediately contact the carrier and utilize their Package Claims Process posted on their website. UPS has a complete process that they will guide you through, so that your claim can be handled promptly. Once again, Black Fox Limited is NOT responsible for any damage that may occur during the shipping or packaging process.
Licensing Black Fox Limited is not responsible for licensing or copy-right infringements perpetrated by the Customer hosted on Black Fox Limited servers or services. In addition, if client is co-locating a server in the Black Fox Limited facility, said Customer agrees to abide by all local and federal laws in regards to owning a legal license for software used and copy-right material.
Cancellation Customer shall notify Black Fox Limited staff for all service cancellation requests. Please write to [email protected]
if you have any questions.
Black Fox Limited
All prices are in United States Dollars (US$, USD).