Acceptable Use Policy (AUP)

 

 

LYLIX's Acceptable Use Policy ("AUP") is provided with the aim of giving customers a clear understanding of what LYLIX allows and disallows. Use of any LYLIX service, whether free, subscription-based, or used in conjunction with a LYLIX reseller, constitutes acceptance and agreement to LYLIX's AUP as well as LYLIX's TOS (Terms of Service).

When you open an account with LYLIX, you join two communities. First is the community formed by our network and our customers; the second community is the one made up of all networks and users connected to each other to form the Internet. Becoming a member of these communities gives you certain rights and privileges, but also imposes certain duties and responsibilities. LYLIX has established an Acceptable Use Policy in order to make these duties and responsibilities more clear. This document is intended to provide a general understanding of LYLIX's Acceptable Use Policy. The following factors guide the establishment and enforcement of LYLIX's usage policies:

• Preserving the value of Internet resources as a conduit for free expression and exchange of information.
• Preserving the privacy and security of individual users.
• Ensuring reliable service for our clients.
• Ensuring security and privacy of our systems and network, as well as external systems and networks.
• Maintaining our reputation as a responsible service provider.
• Encouraging responsible use of the Internet and discouraging activities which reduce the usability and value of Internet services.
• Complying with existing laws.

Due to the ever-evolving nature and possibility of unforeseen circumstances in maintaining an Internet network, this document is intended to act as a guideline to service usage, and is not meant to be all-encompassing.

Public Network

The primary purpose of the LYLIX public network is to transmit information (packets) to and from Customer servers and data storage services. Proper use of the public network is to utilize the network in any way so long as local, state, or federal laws are not violated, and harm to neighboring customers and networks is not generated. All Customers are granted equal access to the public network. Misuse of, or interference with the public network will result in a violation of the AUP and shall result in methods of resolution under this Acceptable Use Policy.

Server Content

LYLIX does not actively monitor the content of customer services for review. LYLIX believes in the free dissemination of information via our services. Server content will only be reviewed, and if necessary monitored, upon complaint by verified third parties. Content deemed in violation will be addressed pursuant to the methods of resolution under this Acceptable Use Policy. Below is a partial list of content absolutely prohibited by LYLIX:

• Illegal adult content.
• Copyrighted media, including software (warez).
• Camfrog servers.
• Open-policy Tor exit nodes.
• HYIP and other investment sites.

IRC

LYLIX allows the use of privateInternet relay chat servers for communication among private parties. LYLIX absolutely prohibits the use of IRC servers connected to public IRC networks or servers. IRC servers that result in interference of service, malicious network activity or increased demand on network security services are in direct violation of this Acceptable Use Policy. Violation of the IRC policy will result in methods of resolution under this Acceptable Use Policy.

Peer-to-peer

LYLIX allows the use of Internet peer-to-peer (P2P) software for file sharing purposes. LYLIX highly recommends strict oversight and management of peer-to-peer software environments due to the propensity to violate copyright law by sharing commercial software or copyright protected material. The sharing of copyright protected software and material is NOT allowed and is in direct violation of federal law and the acceptable use policy. Violation of this Peer-to-peer policy will result in methods of resolution under this AUP.

 

The following list represents a variety of direct violations of this AUP, and will be subject for immediate redress under the methods of resolution described in this AUP:

Copyright Infringement

Direct copyright infringement as defined and noted under Title 17, Section 512 of the United States Code are a direct violation of the acceptable use policy. This policy applies to services hosted within the United States, as well as services hosted elsewhere.

Unsolicited/Bulk Email

The sending or receiving of mass unsolicited email (SPAM) is a direct violation of the acceptable use policy. This includes the direct sending and receiving of such messages, support of such messages via web page, splash page or other related sites, or the advertisement or reselling of such services.

Denial of Service (DDoS)

LYLIX absolutely prohibits the use of its services for the origination or control of denial of service (DoS) attacks or distributed denial of service (DDoS) attacks. Any relation to DoS or DDoS activity, including receiving a DoS/DDoS attack, is a direct violation of this AUP.

Network Abuse

LYLIX absolutely prohibits the transmission of "spoofed" packets, forged routing information, and other forms of malicious network activity, including but not limited to port scanningand flood pings.

Illegal Use

Any use of services in direct attempt of statutory illegal activities is a direct violation of this AUP. This includes, but is not limited to: death threats, terroristic threats, threats of harm to another individual, multi-level marketing schemes, "ponzi schemes," invasion of privacy, credit card fraud, racketeering, defamation, slander, and other illegal activities.

Child Pornography

LYLIX has a zero-tolerance policy on child pornography and related material. The hosting of child pornography or related sites or contact information is in direct violation of federal law and this AUP. LYLIX will fully comply with any state or federal investigation opened as a result of content hosted on LYLIX's network.

Threats & Harassment

The LYLIX network can be utilized for any type of individual, organizational or business use. This does not include threats or harassment to individuals, organizations or businesses unless it falls within the bounds of protected free speech under the first amendment. LYLIX seeks to serve only as the medium of exchange for information and refrains from decisions on freedom of speech.

Fraudulent Activities

LYLIX prohibits utilizing hosted services or network services for fraudulent activities, including phishing activitiesand forged webpages. Notification of fraudulent activities by verified third parties will result in violation of this AUP.

Terrorist Websites

LYLIX prohibits the use of services for hosting content related to terrorism. This includes sites advocating human violence and hate crimes based upon religion, ethnicity, or country of origin.

Distribution of Malware

LYLIX prohibits the storage, distribution, fabrication, or use of malware, including virus software, root kits, password crackers, adware, key stroke capture programs and other programs normally used in malicious activity. Programs used in the normal ordinary course of business are deemed acceptable.

 

 

Disclosure to Law Enforcement

Occasionally, LYLIX is required by law to submit customer information to law enforcement officials when presented with a valid subpoena from a court with proper jurisdiction. Information requested is disclosed as directed pursuant to the subpoena. LYLIX utilizes great care in keeping customer information private, and will only release information described in the subpoena. LYLIX will notify the customer of information requests as allowed by the subpoena.

Reporting Violation of the Acceptable Use Policy

LYLIX accepts reports of alleged violations of the acceptable use policy via email sent to abuse@lylix.net. Reports of alleged violations must be verified and must include a sender name, contact information, as well as the offending IP address, and description of the violation.LYLIX owes no duty to third parties reporting alleged violations due to lack of privity in contract law. LYLIX will review all verified third party reports and will take appropriate actions as described within the acceptable use policies.

Resolution of AUP Violations

The ultimate goal of LYLIX is to balance the rights and interests of customers, while maintaining an exceptionally high quality hosting environment for all customers. LYLIX understands the challenges of hosting companies and resellers who may have third party violations occur due to the nature of their businesses. The goal of our methods of resolution is to mitigate any service interruptions while resolving any potential violations under the Policy.

 

The methods of resolution below form the framework for resolving all AUP violations. Timing for resolution differs according to the degree of the violation, the nature of the violation, involvement of law enforcement, involvement of third party litigation, and other related factors. Overall, LYLIX is dedicated to working with customers to resolve all violations prior to any service interruptions. If deemed necessary, LYLIX reserves the right to bypass these steps to resolution at any time, and take any action deemed necessary by the severity of the violation.

The actions taken by LYLIX to alert customers as to potential violations of this agreement, in the event of a complaint citing the Customer's service or IP address(es) being received from an upstream provider or verified third party, will be as follows:

• 1) Complaint will be forwarded to Customer with appropriate recommendation for action.
• 2) Pending a reply from the Customer, the Customer's service will be suspended after 12 hours.
• 3) If proof of remedial action or communication with LYLIX and its representatives has not been received within 48 hours, the Customer's service and hosted backups will be fully terminated.

Violation of any section of this Acceptable Use Policy, or of any section of the Master Service Agreement as defined, will result in refund ineligibility, and the forfeit of other rights granted to the Customer by the Master Service Agreement.