Wind River IT - Acceptable Use
Policy (AUP)
Use of Wind River IT Service constitutes acceptance and
agreement to Wind River IT’s AUP as well as
Wind River IT's TOS (Terms of Service). Wind River IT
reserves the right to revise, amend, or modify this AUP, our
TOS (Terms of Service) and our other policies and agreements
at any time and in any manner. Notice of any revision,
amendment, or modification will be posted in accordance with
our TOS (Terms of Service). All users of Wind River IT’s
Internet services, and their clients, must comply with this
AUP and our TOS (Terms of Service).
We support the uncensored flow of information and ideas over
the Internet and do not actively monitor subscriber activity
under normal circumstances. Similarly, we do not exercise
editorial control over the content of any web site, e-mail
transmission, newsgroups, or other material created or
accessible over or through the services, except for certain
proprietary Web sites. However, in accordance with our TOS
(Terms of Service), we may remove any materials that, in our
sole discretion, may be illegal, may subject us to
liability, or which may violate this AUP. Wind River IT
may cooperate with legal authorities and/or third parties in
the investigation of any suspected or alleged crime or civil
wrongdoing. Your violation of this AUP may result in the
suspension or immediate termination of either your
Wind River IT account or other actions as detailed below
without notice, based upon the nature of the violation.
This document is intended to provide a basic understand of
Wind River IT's Acceptable Use Policy. The following are
guidelines for the establishment and enforcement of
Wind River IT's AUP. If a Wind River IT account violates
this Acceptable Use Policy or our TOS, we reserve the right
to terminate your service without notice. We prefer to
advise customers of inappropriate behavior and any necessary
corrective action, however based on the nature of the
violation, could result in immediate termination of service.
The following constitute violations of this AUP:
· Illegal Activities: Wind River IT's services may not be
used for illegal purposes, or in support of illegal
activities. Wind River IT reserves the right to cooperate
with legal authorities and/or injured third parties in the
investigation of any suspected crime or civil wrongdoing.
· Harm or Endangerment to other people: You may not use
Wind River IT’s service to harm, or attempt to harm,
minors in any way, including, but not limited to child
pornography, or use Wind River IT’s service to transmit
any material (by e-mail, uploading, posting or otherwise)
that threatens or encourages bodily harm or destruction of
property.
· Forgery or impersonation: Adding, removing or modifying
identifying network header information in an effort to
deceive or mislead is prohibited. Attempting to impersonate
any person by using forged headers or other identifying
infrmation is prohibited. The use of anonymous remailers or
nicknames does not constitute impersonation.
· Unsolicited E-mail, News Bombing (SPAM) Use of the
Wind River IT service to transmit any unsolicited
commercial or unsolicited bulk e-mail is expressly
prohibited. Spam complaints will be sent to the e-mail
address on file. Violations of this type will result in the
immediate suspension of the offending website on the
Wind River IT server. Failure to respond to complaints
within a 24 hour timeframe will result in the
Wind River IT abuse staff suspending the offending website
or shared hosting account by whatever means necessary.
Should the account become re-activated without the express
written consent of Wind River IT's Abuse Department, the
offending website or shared hosting account will be
immediately terminated, and may result in suspension /
termination of the server should the site and/or client
re-appear on the server. Anyone hosting websites or services
on their server that support spammers or cause any of our IP
space to be listed in any of the various Spam Databases will
have their server immediately removed from our network. The
server will not be reconnected until such time that you
agree to remove any and all traces of the offending material
immediately upon reconnection and agree to allow us access
to the server to confirm that all material has been
completely removed. Severe violations may result in
immediate and permanent removal of the server from our
network without notice to the customer. Any server guilty of
a second violation will be immediately and permanently
removed from our network without notice. Malicious intent to
impede another person's use of electronic mail services or
news will result in the immediate termination of the
offending Wind River IT account.
· Copyright or trademark infringement: Use of the
Wind River IT service to transmit any material (by e-mail,
uploading, posting or otherwise) that infringes any
copyright, trademark, patent, trade secret or other
proprietary rights of any third party, including, but not
limited to, the unauthorized copying of copyrighted
material, the digitization and distribution of photographs
from magazines, books, or other copyrighted sources, and the
unauthorized transmittal of copyrighted software. Use of the
Wind River IT service to collect, or attempt to collect,
personal information about third parties without their
knowledge or consent. Distribution and/or posting of
copyrighted or the aforementioned infringements will not be
tolerated.
· Network disruptions : Use of the Wind River IT service
for any activity which affects the ability of other people
or systems to use Wind River IT Services or the Internet.
This includes "denial of service" (DOS) attacks against
another network host or individual user. Interference with
or disruption of other network users, services or equipment
is prohibited. Wind River IT will not tolerate any
subscriber attempting to access the accounts of others, or
penetrate security measures of other systems, whether or not
the intrusion results in corruption or loss of data.
Wind River IT, does not allow the hosting of IRC, IRC
Bots, or eggdrops on our network. Servers found hosting this
material will be subject to immediate cancellation without
refund. Use of the Wind River IT service to access, or to
attempt to access, the accounts of others, or to penetrate,
or attempt to penetrate, security measures of
Wind River IT's or another entity's computer software or
hardware, electronic communications system, or
telecommunications system, whether or not the intrusion
results in the corruption or loss of data, is expressly
prohibited and the offending Wind River IT account is
subject to immediate termination.
· Security: You are responsible for any misuse of your
account, even if the inappropriate activity was committed by
a friend, family member, guest or employee. Therefore, you
must take steps to ensure that others do not gain
unauthorized access to your account. In addition, you may
not use your account to breach security of another account
or attempt to gain unauthorized access to another network or
server.
· Security Risk: Should any box become a security risk to
our network, including, but not limited to: presumed
compromised servers, outbound verified attacks, inbound
recipient of an attack, spamming, illegal content, etc.
Wind River IT will attempt to contact the server owner,
giving 24 hours notice, after which time, we will attempt to
gain entry to the server with passwords on file. Should the
passwords not be accessible to Wind River IT staff,
Wind River IT reserves the right to attempt to gain entry
to the server. In extreme circumstances involving flagrant
illegal acts or activities, upon email, and phone contact if
no response is given within 1 hour, Wind River IT reserves
the right to attempt to gain immediate entry to the server
for security purposes only. Clients refusing to provide
access under such circumstances, are subject to a fine of
$150.00.
· Network Security: Wind River IT accounts operate on
shared network resources. Excessive use or abuse of these
resources by one customer may have a negative impact on all
other customers. Misuse of network resources in a manner
which impairs network performance is prohibited by this
policy and may result in termination of your account.
REPORTING VIOLATIONS OF Wind River IT AUP
Wind River IT requests that anyone who believes that there
is a violation of this AUP direct the information to the
Abuse Department at abuse@windriverit.com if possible,
please provide the IP address used to commit the violation,
date and time of the violation, and evidence of the
violation.
Wind River IT - Terms of
Service(TOS)
Use of Wind River IT’s Service constitutes acceptance and
agreement to Wind River IT’s AUP (Acceptable Use Policy)
as well as Wind River IT’s TOS (Terms of Service). From
herewith in this TOS, AUP, and SLA, the usage of “us”, “we”,
“our”, “ours” shall constitute reference to Wind River IT,
the usage of “you”, “your”, “they”, “them” shall refer to
client / customer of Wind River IT.
Acceptance of Contractual Agreement
1. Client agrees that by placing an order either by
means of electronic ordering (web order form) or submitting
a written contract, and receipt of such order by
Wind River IT, or by submitting payment on any invoice that you are agreeing to our AUP, TOS, and
SLA. No Modifications of said contract by customer is
allowed.
2. Wind River IT will provide, and Customer will
purchase and pay for, the Services, and service fees
specified in the Order for the applicable Service
Description. Customer acknowledges that the service, and
service fees have been communicated to the customer, and
that they are aware of all applicable charges as per
contract, AUP, SLA, and TOS. Customer also understands that
any promotional offers unless specified in contractual terms
will not be applicable to their individual service.
3. In connection with any Hosting Services, if
Customer's actual bandwidth usage in any month exceeds
allotted amount, specified in Customer's contract, Customer
will pay Wind River IT any additional fees as specified in
the Service Description within three (3) days of invoicing
period. Any BW overage bill not paid within three (3) days
of invoicing will be subject the server and services to
suspension.
Payment:
Establishment of this service is contingent upon receipt of
payment from Customer to Wind River IT. Subsequent
payments are due on the anniversary date of the month for
that month’s service, unless customer requests all monthly
payments to be consolidated to one specific billing date.
Any additional services relative to a primary hosting
account, will be prorated to the primary hosting account’s
monthly recurring billing date, along the following
guidelines of prorating methodology: (total monthly fees/
30) * number of days to monthly recurring billing cycle. Any
setup fees will be charged full setup fee pricing, and are
applied at time of initial request of such services.
Payments and Fees:
Acceptable means of payment are check, credit card, money
order, paypal, and
wire transfer. Paypal payments must be submitted to
billing@windriverit.com. Payments made by paypal will be
reflected to the account within 24 business hours. Accounts
paid by wire transfer must submit semi-annual payments for
service. Payment is due on the defined monthly recurring
billing date of each month. Credit cards that are declined
for any reason are subject to a $10.00 declination fee.
Service will be interrupted on accounts that reach 10 days
past due. Service interrupted for nonpayment is subject to a
$200.00 reconnection charge. Accounts not paid by due date
are subject to a $7.95 late fee. Accounts that are not
collectable by Wind River IT will be turned over to an
outside agency for collection. If your account is turned
over for collection, you agree to pay the company a
“Processing and Collection” Fee of not less than
Twenty($20.00) nor more than One Hundred, Fifty($150.00)
Delinquent Accounts:
Wind River IT may temporarily deny service or terminate
this Agreement upon failure of Customer to pay charges when
due. Such termination or denial will not relieve Customer of
responsibility for the payment of all accrued service fees,
or any collection fees.
Delinquent Reseller Accounts:
Should your reseller account become delinquent, and payment
not made to Wind River IT, resulting in a suspension of
service you will have 48 hours to make restitution for the
delinquent balance. Any account left unpaid after 48 hours
of suspension and reseller not contacting the
Wind River IT billing department to resolve the issue will
allow for the reseller's client to be able to purchase the
server directly, and assume financial responsibility from
that point forward. The balance must be paid entirely by the
client prior to lifting the service suspension. Resellers
shall not hold Wind River IT responsible for failure to
appropriately pay their invoices in a timely manor set forth
in your original contracts.
Account Cancellation:
All requests for canceling any virtual hosting or reseller
hosting service / services can be made at any time.
All requests for canceling any other service / services must
be made in writing with at least 30 days notice but not more
than 60 days prior written notice and faxed to (888)
252 - 6549. Confirmation Receipt of cancellation will be sent
within 24 hours of our normal cancellation department hours
of 9AM to 5PM EST Monday - Friday. An account is not
cancelled until a confirmation is sent.
Wind River IT - Service Level Agreement(SLA)
Network Uptime is the total time in a calendar month
that Wind River IT network is available through the
Internet, provided that Client has established connectivity.
Wind River IT takes responsibility for Network
availability within their network, however, we cannot be
held liable for upstream problems, outside of our network.
Our guarantee is that our Network will be available to
clients free of Network Outages, that render 100% packet
loss, 99.9% of each calendar month
Network Outages or Unscheduled Downtime is any
unplanned or unscheduled interruption in Service
availability during which Client is unable to access the
services as described in the section titled “Network Uptime”
above. A Network Outage is defined as a period in which 100%
packet loss to our network is experienced, which is
determined to have been caused by a problem in
Wind River IT’s Network as confirmed by Wind River IT.
Downtime or outages are measured as the total length of time
of the unplanned interruption in service availability in a
calendar month.
Scheduled Downtime is any Wind River IT scheduled
interruption of Services, for the purpose of network
upgrades, or replacement of any equipment in order to
provide for you better service. Scheduled downtime occurs
during notified downtime periods, with as much advance
warning as possible via e-mail with a minimum of 24 hours
notice.
SLA Network Violation Credit occurs when our network
uptime guarantee is not met. Wind River IT will refund the
customer 5% of the monthly fee for each hour of downtime (up
to 100% of your monthly fee) for network downtime. Network
downtime is measured from the time the network is 100%
unreachable, until service is once again restored. In order
to request a performance credit, you must e-mail our sales
department, within 10 days of reported violation, at:
sales@windriverit.com. SLA violations will be reviewed by
our personnel Monday - Friday 9AM to 5PM EST and applied on
the 1st business day of the next month. *Network violation
SLA credit does not cover server hardware failure.*
· Performance Credit exclusions: The following are excluded
from the monthly calculation of Service Availability:
· Scheduled downtime · Problems outside of Wind River IT’s
network (upstream providers, or client’s inbound connection)
not effecting 100% loss to our network · Interruptions or
failure of individual service caused by client, their
employees, client’s customers, etc. to their service. These
include inaccurate configuration, 3rd party software, client
abuse or over utilization of resources, hacked servers,
attacks, exploits, or server hardware failures.
Server Hardware for Dedicated, or Co-Located Servers
Hardware is defined as the Processor(s), RAM, hard
disk(s), motherboard, NIC card and other related hardware
included for Dedicated Servers, and switches for Co-Located
Servers, unless client provides their own switch.
Hardware replacement will occur within 6 hours of the
reported problem, Wind River IT will refund 5% of the
monthly fee per additional 6 hours of down time (up to 100%
of customer's monthly fee). In order to reduce replacement
hardware downtime, we keep a small quantity of pre-built
systems on hand to swap out Hard disks, so that your server
can be back up in the shortest amount of time. For Hard disk
failures, we keep pre-installed drives with our standard
partitioning for immediate deployment. In order to request
an SLA hardware violation credit, you must email sales,
within 10 days of reported violation, at:
sales@windriverit.com. SLA violations will be reviewed by
our personnel Monday - Friday 9AM to 5PM EST. *Hardware SLA
violations do not cover network violation*
· Performance Credit exclusions: The following are excluded
from the monthly calculation of Service Availability:
·Scheduled downtime
· Interruptions or failure of individual service caused by
client, their employees, client’s customers, etc. to their
service. These include inaccurate configuration, 3rd party
software, client abuse or over utilization of resources,
hacked servers, attacks, exploits, or server hardware
failures.
Replacement is defined as returning the server to original
configuration when it was purchased. If hardware failure
causes corrupted Operating System, Data Files, or
Configuration of server, Wind River IT will restore the
system to original state.
Wind River IT will maintain a nightly, weekly, and
monthly backup for all standard and reseller hosting
clients. While we maintain data backups for your
convenience, data backups are your responsibility.
Wind River IT shall not be liable for loss of data under
any circumstance.
Wind River IT is not responsible for the restoration of
data to server. We strongly recommend that your purchase
backup options for your server, and keep copies of your data
off-site with you for emergency purposes. If hardware
failure and data loss occurs, you the client are responsible
for data restoration. Wind River IT shall not be liable
for loss of data under any circumstance.
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Wind River IT - AUP, TOS, and SLA