Revised: January 19th 2015

ACCEPTABLE USE POLICY

Background

This “Acceptable Use Policy” or “AUP” of Movaci Technology Limited a Thailand registered business, applies to Movaci, Movaci Technology, Movaci IDC, and all other divisions and identities used by Movaci Technology Limited references hereinafter to Movaci includes reference to the foregoing terms. This AUP is designed to provide a clear understanding of the rules, regulations, and restrictions on the use of the Services, Servers, and IP Addresses of Movaci. Movaci may, from time to time at the sole discretion Movaci, impose rules, regulations, or restrictions not expressly stated in this AUP on the use of the Services, Servers, and IP Addresses of Movaci. Movaci may, from time to time at the sole discretion of Movaci, modify this AUP and such modification shall become immediately effective upon posting of the modified AUP to www.movaci.com or by notification to you of the modified AUP. This AUP is not exhaustive.

Hereinafter, “Services” is defined as any offering of Movaci including, without limitation, those managed, in whole or in part, for you by Movaci, “Servers” is defined as any CPU based hardware platform of Movaci including, without limitation, those managed, in whole or in part, for you by Movaci, and “IP Addresses” is defined as any publicly routable IPv4 32-bit or IPv6 128-bit Internet Protocol address assigned by Movaci to you as part of the Services or Servers provided to you by Movaci.

By registering for or using the Services, Servers, or IP Addresses provided to you by Movaci, you accept and agree to abide by the terms and conditions of the “Terms of Service” or “TOS” of Movaci the rules, regulations, and restrictions of the “Acceptable Use Policy” or “AUP” of Movaci, the “End User Content Policy” or “EUCP” of Movaci and the laws of the cities, provinces, states, and countries wherein the Services, Servers, or IP Addresses of Movaci are located which are hereby incorporated into this AUP. Solicitation of any illegal act on, to, from, or through the Services, Servers, or IP addresses provided to you by Movaci, whether performed or not, is a violation of this AUP.

SUSPENSION AND CANCELLATION

NONPAYMENT IN WHOLE OR IN PART FOR ANY OF THE SERVICES, SERVERS, OR IP ADDRESSES PROVIDED TO YOU BY MOVACI OR VIOLATION OF THE ACCEPTABLE USE POLICY OF MOVACI, THE ACCEPTABLE USE POLICY OF ANY UPSTREAM PROVIDER OF MOVACI, OR THE ACCEPTABLE USE POLICY OF ANY NETWORK CONNECTED ON, TO, FROM, OR THROUGH THE SERVICES, SERVERS, OR IP ADDRESSES PROVIDED TO YOU BY MOVACI MAY, AT THE SOLE DISCRETION OF MOVACI, RESULT IN THE IMMEDIATE SUSPENSION OR CANCELLATION OF ANY OR ALL SERVICES, SERVERS, OR IP ADDRESSES PROVIDED TO YOU BY MOVACI OR OTHER ACTION DEEMED APPROPRIATE BY MOVACI WITHOUT REMUNERATION FOR SUCH SUSPENSION, CANCELLATION, OR OTHER ACTION OR ASSURANCE OF PRIOR NOTIFICATION TO YOU FOR SUCH SUSPENSION, CANCELLATION, OR OTHER ACTION AND ANY FEES PAID IN ADVANCE OF SUCH SUSPENSION, CANCELLATION, OR OTHER ACTION ARE NON-REFUNDABLE.

INDEMNIFICATION

YOU ACKNOWLEDGE YOUR INDEMNIFICATION OBLIGATIONS UNDER THE TERMS OF SERVICE OF MOVACI AND AGREE THAT YOU ARE SOLELY LIABLE AND RESPONSIBLE FOR ANY AND ALL MONETARY DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM VIOLATIONS OF THIS AUP TO INCLUDE, WITHOUT LIMITATION, THE SERVICES, SERVERS, AND IP ADDRESSES PROVIDED TO YOU BY MOVACI, THE NETWORK AND BUSINESS OPERATIONS OF MOVACI, RELATED COSTS INCURRED BY MOVACI, AND ANY THIRD PERSON OR PARTY AND THAT SUCH MONETARY DAMAGES WILL BE CHARGED TO YOUR ACCOUNT. VIOLATIONS OF THIS AUP MAY RESULT IN SIGNIFICANT CIVIL AND CRIMINAL LIABILITY TO YOU.

DATA LIABILITY AND RESPONSIBILITY

YOU ARE SOLELY LIABLE AND RESPONSIBLE FOR ANY AND ALL DATA STORED OR TRANSMITTED ON, TO, FROM, OR THROUGH THE SERVICES, SERVERS, AND IP ADDRESSES PROVIDED TO YOU BY MOVACI TO INCLUDE, WITHOUT LIMITATION, BLOCK SPECIAL FILES, CHARACTER SPECIAL FILES, DIRECTORIES, SYMBOLIC LINKS, SOCKET LINKS, FIFOS, REGULAR FILES, PROGRAMS, DATABASES, TEXT, GRAPHICS, PICTURES, MOVIES, AUDIO, STREAMING MEDIA, WEB PAGES, HYPERLINKS, EMAIL, INSTANT MESSAGES, CHAT MESSAGES, FILE TRANSFERS, HOST NAMES, AND DOMAIN NAMES.

DISCLAIMER OF RESPONSIBILITY

MOVACI ASSUMES NO LIABILITY OR RESPONSIBILITY TO ANY PERSON OR PARTY FOR ANY VIOLATION OF THIS AUP BY ANY OTHER PERSON OR PARTY. IT IS THE POLICY OF MOVACI, BUT NOT ITS OBLIGATION, TO MONITOR ITS NETWORK FOR POTENTIAL, ALLEGED, OR ACTUAL VIOLATIONS OF THIS AUP AND TO CANCEL EGREGIOUS OR REPEAT OFFENDERS OF THIS AUP WITHOUT PRIOR NOTICE.

SUBJUGATION

ALL RESELLERS, CLIENTS, USERS, AND SUB NETWORKS OF THE SERVICES, SERVERS, AND IP ADDRESSES PROVIDED BY MOVACI ARE SUBJECT TO THIS AUP AND ANY ATTEMPTED OR ACTUAL VIOLATION OF THIS AUP BY ANY PERSON OR PARTY ON YOUR BEHALF SHALL BE A VIOLATION OF THIS AUP BY YOU.

PROSECUTION AND FINES

MOVACI COOPERATES FULLY WITH LAW ENFORCEMENT AGENCIES IN THE INVESTIGATION AND PROSECUTION OF CRIMINAL ACTIVITY AND HAS ZERO TOLERANCE FOR VIOLATIONS OF THIS AUP. WE RESERVE THE RIGHT TO LEVY FINES OF ฿20,000.00 TO ฿200,000.00 BAHT ($500.00 TO $5,000.00 USD) PER INCIDENT FOR ANY VIOLATION OF THIS AUP.

RIGHT OF REFUSAL

MOVACI RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME.

Policy Enforcement and Resolution

Violations of this AUP are, at the sole discretion of Movaci, enforced by issuance of a Policy Enforcement notice to the registered contact email addresses of the Services, Servers, or IP Addresses and, additionally, may be issued to the registered abuse contact email addresses of the Services, Servers, or IP Addresses. It is your responsibility to request from abuse(at)movaci.net the abuse contact email addresses. Failure to receive a Policy Enforcement notice does not limit the right of enforcement by Movaci of this AUP or your responsibility to resolve violations of this AUP in a manner acceptable to Movaci.

You must remove all domains, sites, users, or exploits causing a violation of this AUP from the Services, Servers, and IP Addresses of Movaci. You must reconfigure, harden, or remove any improperly configured or insecure software causing a violation of this AUP. However, Movaci may, at the sole discretion of Movaci, access any managed Server or Service of Movaci or require root access to any self-managed Server or Service of Movaci to remove the cause of an abuse or reconfigure, harden, or remove any improperly configured or insecure software. You must reply to the Policy Enforcement notice within the time frame given in the notice with appropriate comments, questions, or actions to resolve the violations cited in the notice. Depending on the violation type, severity, history, quantity of complaints, upstream provider requirements, and other factors, your Services, Servers, or IP Addresses may be:

  • Monitored for Additional Violations
  • Disconnected, Null-Routed, or Port Shutdown in 24-Hours, 16-Hours, 8-Hours, 1-Hour, or 0-Hours as Indicated
  • Required to Provide root Login Information for our Direct Investigation, Cleaning, Hardening, and/or Securing
  • Required to Submit Reload Ticket With or Without Data Recovery as Indicated
  • Required to Remove Current End-User-Client from All Servers
  • Placed on 30-Day Probation
  • Reviewed for Probation Violation
  • Hard Drives Seized
  • Cancelled

Specific Violations of This AUP Without Limitation

The following hour groupings are the standard times provided for an initial reply from the client with appropriate comments, questions, or actions to resolve the abuse issue indicated in a Policy Enforcement notice to prevent suspension of services, servers, or IP addresses. These times are not a guarantee and may be modified on a case-by-case basis depending on the abuse type, severity, history, quantity of complaints, upstream provider requirements, and other factors.

24-HOUR ISSUES:

Copyright
Hosting, Distributing, or Linking to Copyright Infringed Materials.
See https://www.copyright.gov/title17/92chap5.html

Embargo
Hosting or Linking to a Site Prohibited by Embargo.
See https://www.bis.doc.gov/ and https://www.treas.gov/offices/enforcement/ofac/

Forgery
Faking an IP Address, Hostname, E-Mail Address, or Header.

Invalid Hostname
A vain, obscene, or malicious host or domain name.

IRC Unregistered
Internet Relay Chat Server not Registered and Approved by Movaci abuse department.

Pharmaceuticals
Hosting, Distributing, or Linking to Pharmaceutical/Drug Sites.

Shells
Hosting Accounts Primarily for Shell Access.

Spam Email
Unsolicited Bulk Email (UBE).

Spam News
Posting the same message repeatedly in one or more newsgroups or posting an off-topic message to a newsgroup.

Spam Site
Hosting a Site Advertised by Spam Email, Spam News, or Spam Web.

Spam Web
Unsolicited, Bulk, or Forged Site Advertisement in Web Logs, Forums, or Guest books.

Tools
Hosting, Distributing, or Linking to Cracking, DoS, Forgery, Infection, or Scanning Software or Instruction.

Trademark
Hosting, Distributing, or Linking to Trade Mark Infringed Materials.

Wares
Hosting, Distributing, or Linking to Cracks, Hacks, Key Generators, Serials, or Pirated Software.

16-HOUR ISSUES:

Advance Fee Fraud
Spam to Solicit an Advance Fee in Return for Monetary Gain.

HYIP Site
Hosting or Linking to a Website of High Yield Investment Program, Ponzi Scheme, or Pyramid Scheme.

Infection
Hosting, Distributing, or Linking to Exploits, Trojans, Viruses, or Worms.
IP Blacklist
Causing an IP to be Blacklisted at an ISP, Upstream Provider, Backbone Provider, or an Established Blacklist Site.

IRC Malicious
Malicious Use of Internet Relay Chat.

Scanning
Probing for Vulnerabilities of Network Devices.

Spam List
Hosting, Distributing, or Linking to Email Address Lists for Spam.

Spam Ware
Hosting, Distributing, or Linking to Software Designed for Spamming.

Web Spider
Use of a Web Spider, Crawler, or Bot for Unauthorized Connection to 3rd Party Web Servers.

8-HOUR ISSUES:

Child Porn Link
Linking to Content of Pornography Involving a Person Under Legal Age. See 18 USC Chapter 110 Sections 2256 and 2257 https://uscode.house.gov/download/pls/18C110.txt

Cracking
Brute Force Access of Secured Network Devices.

DoS
Denial of Service Attack of Network Devices.

Fraud Site
Hosting or Linking to a Website Intended to Deceive the Public.

Hacking
Circumventing Security Systems of Network Devices.

ID Theft
Hosting, Distributing, or Linking to Stolen Account Identification Information.

Open Proxy
Hosting an Open Proxy.

Open Relay
Hosting an Open Relay.

Phishing
Identity Theft by Email Under False Pretense.

Proxy Hijack
Use of a Third Party Proxy Vulnerability or Trojan.

Terrorist Site
Hosting or Linking to a Site Advocating Terrorism.
See https://www.treas.gov/offices/enforcement/ofac/programs/terror/terror.pdf

1-HOUR ISSUES:

Child Porn Dist
Distributing Content of Pornography Involving a Person Under Legal Age. See 18 USC Chapter 110 Sections 2256 and 2257 https://uscode.house.gov/download/pls/18C110.txt

ROKSO
ROKSO Blacklisting at www.spamhaus.org of an IP. See https://www.spamhaus.org/rokso/index.lasso

Upstream AUP
Violation of AUP of an Upstream Provider of Movaci.

0-HOUR ISSUES:

Child Porn Host
Hosting Content of Pornography Involving a Person Under Legal Age. See 18 USC Chapter 110 Sections 2256 and 2257 https://uscode.house.gov/download/pls/18C110.txt

Self-Managed and Partially-Managed Services, Servers, and IP Addresses

With respect to self-managed and partially-managed Services, Servers, and IP Addresses provided to you by Movaci, you are solely responsible, without limitation, for the management, administration, and security of the Services, Servers, and IP Addresses provided to you by Movaci, for any and all data stored or transmitted on, to, from, or through the Services, Servers, and IP Addresses provided to you by Movaci, and for all passwords provided to you by Movaci.
Should it become necessary for Movaci to perform, at your request, any management, administration, or security work on the Services, Servers, or IP Addresses provided to you by Movaci to resolve a violation of this AUP in a manner acceptable to Movaci, which includes security management, administration, and security work, you agree to pay Movaci ฿5,000.00 baht ($150.00 USD) per hour one-hour minimum.

Fully-Managed Services, Servers, and IP Addresses

With respect to fully-managed Services, Servers, and IP Addresses provided to you by Movaci, you are solely responsible, without limitation, for any and all data stored or transmitted on, to, from, or through the Services, Servers, and IP Addresses provided to you by Movaci and for all passwords provided to you by Movaci. Movaci are responsible for the management, administration, and security of the Services, Servers, and IP Addresses provided to you by Movaci.

Should it become necessary for Movaci to perform any management, administration, or security work on the Services, Servers, or IP Addresses provided to you by Movaci to resolve a violation of this AUP in a manner acceptable to Movaci, which includes security management, administration, and security work, you agree that Movaci may perform such management, administration, or security work without prior approval and you agree to pay Movaci ฿5,000.00 baht ($150.00 USD) per hour one-hour minimum for any management, administration, or security work performed in excess of your allocated “Advanced Administration” hours.

Contact Information

You are responsible for maintaining your contact information in the ticket system such that your registered contact email address is always reachable even in the event of disconnection of the Services, Servers, or IP Addresses provided to you by Movaci.

IP Address Overlap

Use of a publicly routable IP address not provided to you by Movaci on the Services or Servers provided to you by Movaci is a violation of this AUP.

Network Performance

Movaci provides shared network resources and, therefore, excessive use or abuse of these shared network resources by one client of Movaci may adversely affect other clients of Movaci or the network of Movaci. Any misuse of network resources in a manner which may adversely affect other clients of Movaci or the network of Movaci is a violation of this AUP.

Internet Etiquette

You and all users of the Services, Servers, and IP Addresses provided to you by Movaci are expected to practice good Internet etiquette (Netiquette). Any activity or data stored or transmitted on, to, from, or through the Services, Servers, or IP Addresses provided to you by Movaci, whether legal or not, which may adversely affect other clients of Movaci, the network of Movaci as a result of an offended third person or party, or the reputation of Movaci is a violation of this AUP.

Definition of SPAM

All Unsolicited Bulk Email or “UBE”, email which is both unsolicited and bulk, is hereby defined in this AUP as spam. Unsolicited means the recipient did not give verifiable, deliberate, explicit, and revocable permission for the message to be sent. Bulk means the message was sent to multiple recipients with substantively identical content and, therefore, the recipient’s personal identity and context are irrelevant because the email is equally applicable to multiple recipients. Spam is an issue of consent, not content. No other definition of spam including, without limitation, Title 15 USC Chapter 103 Controlling the Assault of Non-Solicited Pornography and Marketing § 7702 et. al or “CAN-SPAM Act” applies to the definition of spam as used in this AUP.

Opt-In Mailing Lists

Mailing lists must be true opt-in which requires you to provide to the recipient either a confirmation email or a confirmation web page whereby the recipient must have replied with a confirmation email having a unique tracking number or must have clicked a hyperlink in the confirmation email having a unique tracking number maintained in your web server log file or must have clicked the hyperlink in the confirmation web page having a unique tracking number maintained in your web server log file thereby granting verifiable, deliberate, explicit, and revocable permission to be added to the specific opt-in email list at the specific site both of which must be hosted on the network of Movaci and under your administrative control. You are required to provide the confirmation email reply with unique tracking number or the web server log file line having the unique tracking number as evidence that the recipient did, indeed, opt-in to the email list. You are also required to provide at least one simple method to opt out of the email list which must be honored immediately.

Free Hosting Services

You are liable and responsible for violations of this AUP by all third persons or parties for whom you provide free web, mail, ftp, or other hosting. Movaci strongly advise you not to provide free hosting to unknown third persons or parties. If a pattern of violations of this AUP from the Services, Servers, or IP Addresses provided to you by Movaci occurs resulting from such free hosting, Movaci may, at the sole discretion of Movaci, suspend or cancel any or all Services, Servers, and IP Addresses provided to you by Movaci or require you to remove such free hosting from the Services, Servers, and IP Addresses provided to you by Movaci.

Bit Torrent, Proxy, TOR and Anonymous Routers or Routing Protocols

If an alleged or actual violation of this AUP is believed, at the sole discretion of Movaci, to have occurred on, to, from, or through the Services, Servers, or IP Addresses provided to you by Movaci on which TOR or an anonymous router or routing protocol exists, the alleged or actual violation of this AUP shall be deemed to have occurred whether verifiable evidence exists or not and Movaci shall enforce this AUP at the sole discretion of Movaci. Bit Torrent, Point-to-Point, and Proxy software is not permitted to be used on or in Movaci systems.

Billing

You are responsible for paying for any network resources used to connect the Services, Servers, and IP Addresses provided to you by Movaci to the Internet. Pursuant to the Terms of Service of Movaci, you may request that the Services, Servers, and IP Addresses provided to you by Movaci be disconnected from the Internet. However, you remain responsible for paying for any network resources used up to the time of disconnection.

Violations

Violations of this AUP should be reported to abuse(at)movaci.net.