Client Agreement
Where the content states: "We" includes Talupo Networks or any party acting on Talupo Networks implicit instructions.
"You" "Your" includes the person purchasing the services and/or any party acting on the customer's instructions. "Member"
includes the purchaser of services and/or any party acting on the purchaser's instructions. "The Registrant" includes
the person applying for a domain name or any party acting on the Registrant's instructions. "The Registry" refers to
the relevant domain names Registry. "Server" means the computer server equipment in connection with the provision of the Services.
"Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet. "TOS" includes this agreement.
Talupo Networks reserves the right to modify this policy at any time, effective immediately upon posting of the modification to this
URL: http://www.talupo.com/tos In consideration of the mutual covenants herein, the parties agree to the following, which shall apply
during the term of this agreement:
By using any portion of Talupo Networks service, you are agreeing to this service agreement on this document entirely.
1.0 Domain Name Registration
1.1 We make absolutely no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your own risk.
1.2 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; ICANN in the case of domains ending with the suffix .COM/NET/ORG, Nominet in the case of domain names ending with the suffix .UK and CIRA in the case of domains ending with the suffix .CA, you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.
1.3 We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
1.4 We shall not release any domain to another provider unless full payment for that domain has been received by us.
Free domains can only be received after successful payment and after our 30 day money back guarantee period has ended.
2.0 SSL certificates
2.1 Talupo Networks reserves the right to revoke or refuse an SSL certificate with or without prior notice.
2.2 Talupo Networks reserves the right to increase/decrease our SSL prices at anytime with or without prior notice.
2.3 Talupo Networks reserves the right to provide the customer with another equivalent SSL certificate should the advertise one not be available.
2.4 Talupo Networks provides no warranties or guarantees on the nature and functionality of the certificates.
2.5 Talupo Networks does not provide technical support for SSL certficates apart from installing it for you.
2.6 SSL certificates issued free of charge because it was part of your package can only be used on Talupo Networks servers.
The SSL certificate will be revoked if the hosting account is canceled unless the customer begins paying for the certificate at our advertised prices.
1.11 SSL Certificates can only be received after successful payment and after our 30 day money back guarantee period has ended.
3.0 Personal Web Hosting Account
3.1 You may not resell space in their account. Personal accounts are to be used by the primary owner only, account holders are not permitted to resell, store or give away web-hosting services of their website to other parties. This includes email services, cgi scripts, mySql services Web hosting services are defined as allowing a separate, third party to host content on the owner\'s web site. Exceptions to this include ad banners, classified ads, and personal ads. Failure to comply with this is grounds for immediate suspension of account until such time as the issue is resolved. Unauthorized Reselling or Providing Access Personal Account Services such as offering email services and accompanying features for use by individuals outside of the required use on your own account; the reselling or giving away of CGI and other scripts installed on Talupo Network Servers; or providing access codes to individuals not authorized to receive such materials as necessary for the running of your website or account.
4.0 Use of services
4.1 Excessive CPU, Bandwidh or Disk Space Usage has the ability to compromise our shared hosting environment. This is the result of using the system in a manner that encumbers disk space, processors or other system resources beyond the allowances of your specific plan type and to the degree that your usage compromises the hosting accounts of our other customers.
4.2 Excessive resource usage - cgi scripts or other executable code that consumes an undue amount of CPU time [defined dynamically by Talupo Networks at will] will be reprioritized if possible, or we will ask you to discontinue its use either permanently or the script is altered by yourself or third party to operate in a less resource-hungry manner. Failure to cease operator of the offending executable will be considered as server abuse. Talupo Networks reserves the right to terminate any process which it deems to be using excessive resource usage.
4.3 Background processes - background process [that is, application or utilities that are started from within an interactive shell login, and set to run permanently in the background on a server] are not to be initiated without prior arrangement with use. We reserve the right to examine all code before it is run on the server. Running of background processes without prior arrangement in and confirmation in writing from Talupo Networks is server abuse.
4.4 Compiling - User rights to access compiler software is available upon request and arrangement. Once again, we choose to examine any code that is compiled and executed from our hardware. If you need access to the CP compiler, please contact us describing your need for access. Compiling without prior arrangement and written confirmation is server abuse.
4.5 Mailing Lists - Talupo Networks has allocated tools to ensure proper delivery of opt-in opt-out mailing lists and normal email. It is important that you use these tools accordingly. All full packages include access to the pre-installed Mailman Mailing List Software. Large mailing lists, (those exceeding 500 subscribers) sent using the Talupo Networks Services, must be sent using the mailing list tools that have been pre-installed for this purpose. If your mailing list exceeds 1,500 addresses you should contact Talupo Networks requesting permission to send the mailing through the Talupo Networks servers prior to sending any messages. Sending a large mailing through mailing list software other than Talupo Networks pre-installed software can adversely affect the flow of email. Should such a large mailing disrupt normal services or create unacceptable server loads, the account associated with the mailing risks termination.
4.5a Mailing lists operated on Talupo Networks servers must be double opt-in with specific clear instructions in order to opt-out.
4.6 Pornography - Talupo Networks prohibits the storage and transmission (inbound and outbound) of pornography with the exception of softcore erotic art. Written permission must be obtained before any pornographic material is stored and/or transmitted through Talupo Networks servers.
4.7 Copyright software, Warez, destructive applications, copyright media, proprietary computer information and hacking & cracking sites are strictly prohibited on any portion of our services and network. Customers storing & transmitting (inbound and outbound) files that violate copyright or other federal laws are grounds for instant termination of service.
4.7a Warez Sites are sites that are typically used by "hackers" to trade (upload/download) illegally pirated copies of software programs with one another. Talupo Networks Hosting has a zero-tolerance policy on all Warez Sites. Sites that become a trading post for "warez" programs will be reported to any and all regulatory, administrative, and/or governmental authorities for prosecution. In addition to your account being deleted from our servers, you may face legal action that can be taken against you by the programmers/software companies of the copyrighted software.
4.8 Any incident of server abuse is grounds for immediate and unconditional account termination. Common examples of abusive practices are listed below and Talupo Networks Hosting reserves the right of interpretation as to what constitutes abusive practices. In short - if you are unsure that your actions may be perceived as an abuse of service, contact Talupo Networks Hosting directly to check with us before proceeding.
4.8a Ignorance of your actions and consequences does not exempt you from liability.
4.8b Talupo Networks reserves the right to financially penalise any customer violating this agreement. The amount the customer is penalised is determined by Talupo Networks. The customer agrees to pay all financial penalties placed by Talupo Networks in full and within 30 days.
4.9 Email abuse - Unsolicited Commercial Email ['Spam'] is implicitly forbidden. This is considered server abused and is grounds for immediate termination.
4.10 Trafficking of illegal content - in the same way that storing illegal content on your account is banned, likewise is the utilization of your account to traffic illegal content, by any means or method, it must not reside on nor pass through a Talupo Networks servers.
4.11 IRC sessions - Using Talupo Networks Hosting servers to run an Internet Relay Chat [IRC] session is grounds for immediate termination. This includes the use of BNC and other redirection servers to indicate a source address on any Talupo Networks Hosting server. Running IRC from our servers makes them targets for attack. Don't run IRC sessions, IRC bots, IRC servers or IRC proxies. IRCs, Chat Rooms, MUDs, etc. Also software used in the maintaining of an IRC connection (daemons), 'bouncers', 'eggdrops' and the like are strictly prohibited.We will give no warning before terminating this activity and the account responsible.
4.12 Hacking / Denial of Service - Network activity that constitutes an attack on any internet host from a Talupo Networks is grounds for immediate termination and likely prosecution.
4.13 Talupo Networks prohibits any portion of its services to be resold without charge. This includes but not limited to: entire hosting accounts, email services, scripts, FTP accounts, MySQL databases, applications, licenses, webspace and bandwidth (this includes image hosting and file/data hosting services, either free or subscription/fee based).
4.13a Talupo Networks prohibits the use of any portion of our systems to be used primarily to serve file download services.
4.13b Proxy websites and similar are prohibited.
4.14 Run any gaming servers such as counter-strike, half-life, battlefield1492, etc is grounds for immediate termination.
4.15 Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
4.16 Run cron entries with intervals of less than 15 minutes.
4.17 Participate in any file-sharing/peer-to-peer activities.
4.18 Running any bit torrent application, tracker, or client is strictly prohibited.
4.15 Any reselling of Talupo Networks services is strictly prohibited. Portions of a cPanel shared account may not be resold under any circumstances.
4.16 Talupo Networks provides the use of cPanel and domain control panels to you free of charge, but if through misuse or through abuse on your part we incur any charges, we reserve the right to pass these charges on to you.
4.17 You may create your own backup of your account from your control panel however these may only be stored for up to 7 days. Please download archives to a local source and remove them from your account.
5.0 Backups
5.1 Talupo Networks performs Member accessible backups four time a day of all accounts.
5.2 You are responsible for maintaining your own backups on your own personal computers.
5.3 Talupo Networks does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on Talupo Networks part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer!
5.4 Talupo Networks backs up data for it's own use and disaster recovery, these backups are not available to you under any circumstances.
5.5 Talupo Networks reserves the right to disable backups being performed on cPanel accounts larger than 4GB. You are responsible for monitoring your total cPanel account file space usage.
5.6 Talupo Networks makes NO guarantee expressed or implied on the integrity, reliability or availablility of backups.
6.0 SLA Guarantee
6.1 Talupo Networks guarantees a 99.9% server uptime to shared hosting customers. The following credit schedule applies:
99.5 - 99.89 = 20% service credit
99.0 - 99.49 = 40% service credit
98 - 99 = 60% service credit
97.99 - 95.00 = 80% service credit
94.99 - Below = 100% service credit
6.1a Customers claiming credit under our uptime guarantee must do so by opening a ticket within 72 hours of the incident with their username, main account domain and PayPal subscription ID. All requests after 72 hours of the downtime incident happening will be void.
6.2 Talupo Networks has the final say and will determine the uptime of our servers and will base its uptime on our own monitoring systems. External monitoring statistics set up by customers will not be considered as evidence of uptime/dowtime.
6.3 Any planned maintenance work is exempt from this guarantee and will be ignored.
6.4 If a third party not associated with Talupo Networks initiates a "Denial of Service" or other form of disabling attack against our Server or major portions of our network, Talupo Networks will do everything in its power to stop the attack, but cannot guarantee a resolution time, These types of malicious acts are exempt from this guarantee.
6.5 The uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that Talupo Networks cannot directly influence.
7.0 Promotions
7.1 Only one promotion can be used when ordering. Multiple promotions cannot be combined together and used together. Only one promotion per paying account. Talupo Networks reserves the right to refuse a promotion to a customer.
7.2a Talupo Networks reserves the right to revoke a promotion already being used or a new promotion introduced with or without prior notice.
7.2b Talupo Networks reserves the right to reduce the advertised time of the promotion running time with or without prior notice.
8.0 Migration
8.1 Customers wishing to take advantage of our "free migration from your old host" are limited to 1 free migration from cPanel to cPanel servers. After the 1 initial migration, the user is responsible to the transferring of files. Users should note that they are free to upload full cPanel backup files to our systems for us to restore. In which case we can restore up to 10 sites free of charge.
9.0 Payment and Bills
9.1a All accounts are set-up on a pre-pay basis only.
9.1b Any funds sent to Talupo Networks which are in excess of the amount owed can only be reimbursed in credit and cannot be refunded.
9.2 All invoices are due on the date stated on the issued invoice(s). Talupo Networks reserves the right de-activate/suspend your hosting account should the invoice not be paid on the stated due date.
9.2a Talupo Networks reserves the right to charge a 25% late fee of the total invoice value for any account that has not been paid in full on due date stated on the invoice.
9.2b Talupo Networks may at its own discretion provide a grace period to customers with an overdue invoice. The grace period will be determined by Talupo Networks. Talupo Networks reserves the right not inform the customer of the grace period.
9.3 Talupo Networks will suspend your account if outstanding bills have not been paid by the stated due date on the issued invoice(s).
9.3a If after 7 days outstanding bills owed to Talupo Networks have not been paid in full and no further credit arrangements have been made, Talupo Networks will terminate all hosting accounts and deactivate all other services purchased through Talupo Networks until all owed amounts have been paid in full.
9.3b Accounts will continue to accumulate invoices and further charges until the customer informs Talupo Networks of its intentions to cancel the account in accordance with the cancellation procedures set out in section 10 of the terms of service. The customer is obligated and responsible for paying for all accumulated charges.
9.4 After account suspension, Talupo Networks will not provide you with any account backups unless the full outstanding bill has been paid in full before backups are deleted.
9.5 Talupo Networks reserves the right to impose a re-activation fee of $50 for accounts that have been suspended.
9.6 Talupo Networks reserves the right to impose a late fee for circumstances where your bill has not been paid in full and on time.
9.7 If overdue accounts remain unpaid for a period of 30 days, Talupo Networks may pass your details to a 3rd party debt collection company or sell the debt. In such cases, Talupo Networks will impose a $300.00 CAD collections & administration fee.
10.0 Refunds & Cancellations
10.1 You can only cancel your account by opening a support ticket with our billing department supplying your: Main account domain, username, password, subscription number or latest order number.
10.1a If you do not cancel using the procedures set in section 10.1, your account will not be canceled and will be subject to charges.
10.1b No other forms of cancellation are accepted.
10.1.1 You must notify Talupo Networks at least 7 days before your next billing due date.
10.1.2 If you do not notify Talupo Networks at least 7 days before your next billing date with your intent to cancel, you will be charged for any subsequent months where the cancellation notice has not been provided to Talupo Networks at least 7 days before the due date.
10.1.3 Cancellation requests can only be submitted if the account has no due invoices.
10.1.4 Asking for an immediate cancellation means your service will be terminated with 24 hours of contacting us.
10.2 Accounts canceled under our 30 day money back guarantee are subject to a full refund for the hosting account only (less any additional fees), UNLESS the account was purchased under a special promotion held by Talupo Networks.
10.2a Accounts purchased under any Talupo Networks promotion (with or without coupon code) are EXCLUDED from the 30 day money back guarantee.
10.2b Any free additional services provided are deducted from the total refund amount of customers requesting a refund under our 30 day money back guarantee. The following fees are deductable (hence will not be refunded):
Domain Name: $12.00 CAD
SSL Certificate: $15.00 CAD
cPanel Tranfer: $5.00 CAD
If you have requested or used any of the above services, they will not be refunded as part of the 30 day money back guarantee and thus considered as chargeable items.
10.3 If you have violated our Terms of Service, the 30 day money back guarantee no longer applies to you.
10.4 Domains, SSL certificates, IP addresses and any additional services ordered are not governed by our 30 day money back guarantee.
10.5 If you are requesting credit under our 99.9% uptime guarantee (i.e. we did not provide you with 99.9% uptime), then the request must be submitted within 72 hours of the incident happening. Otherwise the request will be void.
10.6 You must allow up to 30 days for credit and refunds to be processed and applied to your account.
10.7 If you have paid yearly for your account but cancel while having unused months not yet paid for, the remaining unused amounts will not be refunded. Customers have 30 days to request a refund regardless of how many days, weeks, months or years you have paid for.
10.8 It is your responsibility to ensure any paypal subscriptions you have setup are cancelled.
10.9 Once your account is cancelled/closed all files, data, settings and backups will be deleted, and under no circumstances will you be able to retrieve these items.
11.0 Delivery of Services
11.1 Immediately upon successful payment you will receive an automated receipt from our systems. Please print an retain a copy of this and retain in a safe place for future reference.
11.2 Your unique customer username will be on this receipt and should be used for all enquires to Talupo Networks.
Please note that we aim to deliver all goods as soon as signup is complete. If we will be unable to adhere to this you
will be informed via email or telephone or both. Payment will be deducted when services are delivered.
11.3 All orders are delivered electronically via email, If you have any questions about your order please contact us at billing@talupo.com.
Our billing department hours are Mon-Fri, 9am to 5pm. Normally we will respond within 2 hours of receiving your enquiry, but response could take up to one business day.
11.4 The services available on this site are subject to both export and or import restrictions. Please check regulations in the country you are in to see if these products are allowed for import into your country.
12.0 Content
12.1 You understand and agree that information and access available through the Service may include controversial, sexually explicit, or other material that may be offensive to you or users for whom you are responsible. Talupo Networks has no responsibility for or control over such materials, and you take sole responsibility for using any available screening software or other methods of limiting access (specifically including the access of minors) to any material you may find objectionable.
13.0 Supplementary Policies
13.0 Talupo Networks reserves the right to introduce additonal policies found at "http://www.talupo.com/tos"
By agreeing to this terms of service, you are also agreeing to all policies at "http://www.talupo.com/tos".
13.1 By accepting this terms of service you hereby declare you are aware of these policies, have read them in their entirety and agree to abide by all conditions set in the policies.
13.2 By accepting this terms of service, you declare that you understand the policies may be changed at anytime with and/or without notice.
13.3 By accepting this terms of service, you declare that you understand it is the responsibility of 'you' to check for updates and ensure you are not violating any of the supplementary policies.
14.0 Support Restrictions
14.1 Talupo Networks does not provide support for 3rd party scripts including all scripts listed in Fantastico, RVSiteBuilder, and any other script unless explicitly stated.
14.2 If you open a ticket requesting support for a 3rd party script, your ticket will be reprioritized as low priority and may be closed without an answer.
14.3 The offer of any particular service does not constitute an obligation on Talupo Networks part to tutor the necessary skills to utilize that service, only to provide system-specific information.
14.4 problems with domain names/DNS issues are NOT directly the responsibility of Talupo Networks . DNS is a cooperative system and works solely because the parties involved in running the system agree to cooperate in the furtherance of the DNS/domain system. We will do our best to isolate the source of the problem at hand, however unless this source is hardware directly under the control of Talupo Networks, then the task of acquiring a solution will fall back into your hands. Talupo Networks will advise when requested, but rarely intermediate in domain issues not directly related to the operation of one of our DNS servers.
14.5 Talupo Networks covers 1 free initial migration from your previous host. This service is limited to cPanel to cPanel transfers. We offer basic troubleshooting after account migration to ensure things have been transferred successfully. Talupo Networks does not cover 3rd party script troubleshooting. It is your responsibility to ensure your scripts are compatible with our server environment.
15.0 Lawful Purpose
15.1 Talupo Networks reserves the right to refuse service to anyone. Customers may only use Talupo Networks server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Talupo Networks Hosting management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in British Columbia, Canada, and any dispute will be litigated or arbitrated in British Columbia, Canada.
16.0 Indemnification
16.1 CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD Talupo NETWORKS HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY\'S FEES ASSERTED AGAINST Talupo NETWORKS, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT\'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS Talupo NETWORKS AGAINST LIABILITIES ARISING OUT OF;
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Talupo NETWORKS SERVER;
(2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY;
(3) COPYRIGHT INFRINGEMENT AND
(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM Talupo NETWORKS SERVER.
17.0 Disclaimer
17.1 Talupo NETWORKS WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. Talupo NETWORKS MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. Talupo NETWORKS DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY Talupo NETWORKS AND ITS EMPLOYEES. Talupo NETWORKS RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
17.2 Talupo NETWORKS RESERVES THE RIGHT TO CANCEL/SUSPEND/TERMINATE YOUR ACCOUNT AT ITS OWN DISCRETION WITH OR WITHOUT REASON IF IT FEELS THE ACCOUNT WILL CAUSE DAMAGE TO THE ORGANISATION OR ANY OTHER REASON. Talupo NETWORKS RESERVES THE RIGHT TO ALTER THE SERVICES PROVIDED AT ANY TIME WITH OR WITHOUT NOTICE.
17.3 ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF Talupo NETWORKS MUST ADHERE TO THE MENTIONED HERE POLICIES.
17.4 FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
18.0 Intellectual Property Rights
18.1 Material accessible to you through Talupo Networks services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use Talupo Networks or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Talupo Networks network. If you use a domain name in connection with Talupo Networks or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
19.0 Contract
19.1 Talupo Networks 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 Talupo Networks Internet services, and their clients, must comply with this AUP and our TOS (Terms of Service). Please check back regularly for any updates.
20.0 Governing Law
20.1 These Terms and Policies are governed in all respects under Canadian laws.
21.0 Acceptable Use Policy (AUP)
ACCEPTABLE USE POLICY This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral part of your Hosting Agreement with Talupo Networks. If you engage in any of the activities prohibited by this AUP document Talupo Networks may suspend or terminate your account. Talupo Networks\'s Acceptable Use Policy (the "Policy") for Talupo Networks Services is designed to help protect Talupo Networks, Talupo Networks\'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 Talupo Networks. Talupo Networks reserves the right to modify the Policy at any time, effective upon posting at http://www.talupo.com/tos.
Prohibited Uses of Talupo Networks Systems and Services:
A. 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.
B. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through Talupo Networks's servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on Talupo Networks\'s servers, is prohibited. Talupo Networks 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.
C. 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 Talupo Networks 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 Talupo Networks-hosted domain, or referencing any Talupo Networks account, is prohibited.
D. 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.
E. 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.
F. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").
G. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
H. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Talupo Networks customers or end-users by any means or device.
I. 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 Talupo Networks network or on another provider's network.
J. Using Talupo Networks's Services to interfere with the use of the Talupo Networks network by other customers or authorized users.
Customer Responsibility for Customer's Users
Each Talupo Networks customer is responsible for the activities of its users and, by accepting service from Talupo Networks, is agreeing to ensure that its customers/representatives or end-users abide by this Policy.
Complaints about customers/representatives or end-users of an Talupo Networks customer will be forwarded to the Talupo Networks customer\'s postmaster for action. If violations of the Talupo Networks Acceptable Use Policy occur, Talupo Networks reserves the right to terminate services with or take action to stop the offending customer from violating Talupo Networks\'s AUP as Talupo Networks deems appropriate, without notice.
