Overview:
Our goal is to deliver enterprise quality services to all of
our clients. NextArray, LLC is dedicated to protecting the
source and distribution of information and protecting the
rights and privileges of those utilizing the Internet
including the storage, distribution and exchange of
information (content). NextArrayLLC has no intent to act as
the content police; our duty in the process of information
dissemination is simply to act as a conduit between
interested parties. Notwithstanding anything found herein,
NextArray, LLC strives to follow all local, state and
federal laws pursuant to the services delivered over the
Internet and directly related to our network and internal
systems. The purpose of this AUP is to inform all Clients of
acceptable, anticipated Client usage. Due to the countless
possibilities of maintaining a network comprised of hundreds
or thousands of servers, this AUP is intended to act as a
guideline to service and shall be not deemed
all-encompassing.
Unsolicited commercial advertisements (spam) are not
allowed in communications and can result in account
termination at NextArray, LLCs sole discretion.
NextArray, LLC takes a zero-tolerance approach to
spam originating from our servers or for spam
advertising of domains hosted on our servers. The
following activities are not allowed:
a. Unsolicited bulk or commercial messages (“spam”).
This includes, but is not limited to, bulk mailing
of commercial advertising, informational
announcements, charity requests, petitions for
signatures, and political or religious tracts. Such
messages may only be sent to those who have
explicitly requested it from your domain.
b. Forging, altering or removing electronic mail
headers is prohibited. Any domain sending stealth
spam may be immediately terminated without warning
and without refund.
c. Sending numerous copies of the same or
substantially similar message with the intent to
disrupt a server or account (“mail bombing”).
d. Spamming Newsgroups: Commercial advertisements
are unwelcome in most Usenet discussion groups and
on most email mailing lists. Inappropriate posting
may result in account cancellation. See the
newsgroup or mailing lists charter for whether
advertising is allowed or prohibited. “Spamming,” or
sending a message to many different off-topic
newsgroups, is particularly unethical and will be
treated as such.
e. Communications may not be used to harass or
intimidate others. Harassment, whether through
language, frequency of messages, or size of
messages, is prohibited. Sending a single unwelcome
message may be considered harassment. If a recipient
asks to stop receiving email, you must not send that
person any further messages.
f. Providing spamware (software used to send bulk
email or software used to harvest email addresses)
or links to sites providing spamware is strictly
prohibited and subject to demand for removal or
account termination.
g. NextArray, LLC will handle all complaint
resolution with upstream bandwidth providers and
anti-spam organizations related to Client’s use of
NextArray, LLCs IP’s and Bandwidth. NextArray, LLC
shall provide Client with an email notification of
any complaints received, and Client shall (a)
provide CyberOne Data, LLC, with all opt-in
information related to such complaint within
twenty-four (24) hours; and (b) permanently remove
any associated end-user email addresses from all of
Client’s opt-in email lists. Client shall not add a
Removed Address back onto its Lists or attempt to
deliver any email to a Removed Address even if
client receives a future opt-in request from such
Removed Address. NextArray LLC will not under any
circumstances provide Client’s information to any
upstream bandwidth providers, anti-spam
organizations, or to ARIN for SWIP purposes unless
specifically requested by Client.
h. If a Spamhaus (http://spamhaus.org/sbl) SBL or
UCE Protect (http://www.uceprotect.net) Network
Level 2 or 3 listing occurs and removal of Client
from IP Space is required by upstream provider,
NextArray, LLC will immediately null-route all
affected IP space. There will be no refunds for
services and Client is responsible for paying entire
contract in full. In the case of a null route or SBL
/ UCE-Protect listing or any other client activity
based cause resulting in the loss of the IP space,
Client agrees to forfeit the current month’s service
payment due to Client violation of the Acceptable
Use Policy. Client may, at NextArray, LLCs sole
discretion, procure new IP space and service(s)
under a new Service Order Form. Note: If the
services of another provider are used (including but
not limited to the use of address lists obtained
from a third party vendor or provider) to promote a
website hosted by or through CyberOne Data, LLC
(spamvertising), then the provisions of the above
Policy shall apply as if the spam were sent through
our servers.
Damages:
All AUP Violations: NextArray, LLC reserves the
right to charge $50 for the 1st incident.
Subsequent/repeat offenses will incur increased
violation fees in $25 increments. Spam Violations:
NextArray, LLC reserves the right to charge $1 to
$100 per spam message sent in addition to the AUP
Violation.
a. Email Bombing: The sending, return, bouncing or
forwarding of email to specified user(s) in an
attempt to interfere with or over flow email
services.
b. Illegal Use: Any use of services in a manner
which is defined or deemed to be statutorily
illegal. 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.
c. Child Pornography: NextArray, LLC has a
zero-tolerance policy on child pornography and
related sites. The hosting of child pornography or
related sites or contact information is in direct
violation of federal law.
d. Threats & Harassment: The CyberOne Data, LLC
network can be utilized for any type of individual,
organizational or business use. This does not
include threats to or harassment of individuals,
organizations or businesses, unless it falls within
the bounds of protected free speech under the First
Amendment. NextArray LLC seeks to serve only as the
medium of exchange for information and refrains from
decisions on freedom of speech.
e. Fraudulent Activities: NextArray, LLC prohibits
utilizing services for fraudulent activities.
f. Denial of Service: NextArray LLC prohibits the
use of services for the origination or control of
denial of service attacks or distributed denial of
service attacks.
g. Terrorist Websites: NextArray LLC prohibits the
use of services for the hosting of terrorist-related
web sites. This includes sites advocating human
violence and hate crimes based upon religion,
ethnicity, or country of origin.
h. Distribution of Malware: NextArray LLC 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.
i. Phishing: NextArray, LLC prohibits any activity
associated with phishing or systems designed to
collect personal information (name, account numbers,
usernames, passwords, etc.) under false pretense.
Splash pages, phishing forms, email distribution,
proxy email or any relation to phishing activities
will result in immediate removal.
j. HYIP or Ponzi Schemes: High Yield Investment
Plans or Ponzi schemes with the intent to defraud
end users are illegal and not allowed on the
network. This includes hosting, linking and/or
advertising via email websites or schemes designed
to defraud.
k. TOR, I2P, other Anonymization Services: While
NextArray, LLC does understand that anonymization
services provide vital access necessary for people
worldwide, the untraceable nature can often make
these services sources of abuse. As there is no way
to mitigate or restrict the traffic originating from
these services, abuse issues may incur fees if not
resolved by the client upon notification.
NextArray, LLCs Clients are privileged to be offered large amounts of bandwidth and monthly transfers to their servers. The intention of NextArray, LLC is to provide large redundant bandwidth allotments to businesses and consumers to serve as connections for their websites and web documents. You, the Client, are responsible for any unauthorized access to your account resulting in bandwidth overages, storage and/or email usage exceeding the limits outlined in your Service Order Form and resultant charges. The Client will be billed at $20/Mbps for any overage incurred.
The primary purpose of the NextArray, LLC Public Network is to transmit information to and from Client servers and data storage services. Proper use of the Public Network is to utilize the network in any way so long as Client does not violate any local, state, or federal laws or generate harm to the network or interfere with the use of services of other users utilizing the same network. All Clients are granted equal access to the Public Network. Violation, misuse, or interference of the Public Network shall be considered a violation of the AUP.
The primary purpose of the NextArray, LLC security services is to assist the Client in the protection, management, update, and overall stability of their environment. NextArray, LLC supplies various patches and updates to the infrastructure and NextArray, LLC managed equipment. Many security services are offered for a fee and are covered via the terms of the individual services. These services include, but are not limited to: firewalls, host intrusion detection services, service monitors and other similar type products and services. Outside of the global network security services described above, Clients are required and obligated to maintain security related to Client managed servers. The management of dedicated servers requires basic security management including password management, port management, OS updates, application updates, security policy settings and more. The Client is ultimately responsible for individual server security unless contracted security services are purchased. Any violation of the security services included in basic services shall be considered a violation of the AUP.
NextArray, LLC does not actively monitor dedicated server content for review. NextArray, LLC believes in the free dissemination of information via our services. Dedicated server content will only be reviewed upon complaint by verified third parties. Content that does not violate local, state and federal law or the AUP is deemed in compliance and shall remain intact. Legal adult content is allowed on NextArray, LLC dedicated servers. Content deemed in violation shall be considered a violation of the AUP.
NextArray, LLC may supply name services for Clients purchasing dedicated services. These name services usually include the use of authoritative name servers for public resolution of domain names and private domain name resolvers located on our network. The DNS services are fully managed and maintained by NextArray, LLC with Client specific domain name management through the online Client portal. In rare instances, where extreme intensive loads (DNS lookups) utilize disproportionate resources of the redundant DNS systems, NextArray, LLC will notify Client of potential violation of this AUP. Clients requiring such DNS services will be instructed to perform dedicated DNS services on Client managed equipment. Violation of DNS services shall be considered a violation of the AUP.
All Internet Protocol (IP) Addresses are owned or leased and managed by NextArray, LLC, Inc. IP Addresses are non-transferable from NextArray, LLC, and Client retains no ownership or transfer rights to IP Addresses. Attempted use of IP addresses not originally allocated for use or IP addresses used on non-assigned VLANs or servers is a violation of this AUP.
Use of the NextArray, LLCs services to access, or to attempt to access the accounts of others, or to penetrate, or attempt to penetrate security measures of NextArray, LLC 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 account is subject to immediate termination. The outstanding balance of any contracts/account will immediately become due. DMCA: NextArray, LLC takes the protection of copyright seriously. Under the DMCA, we have an obligation to respond to any claims of infringement that comply with the form prescribed by law, and to remove access to any infringing content that is not disputed with a valid counter claim. If you have a DMCA complaint you would like to file with us, please follow the guidelines available here: https://www.law.cornell.edu/uscode/text/17/512#c_3 .
NextArray, LLC accepts reports of alleged violations of this AUP via email sent to [email protected]. Reports of alleged violations must be verified and must include the name and contact information of the complaining party, and the IP address or website allegedly in violation, and description of the violation. NextArray, LLC owes no duty to third parties reporting alleged violations due to lack of privacy in contract law. NextArray, LLC will review all verified third party reports and will take appropriate actions.
Our primary goal is to provide great service for the best possible price. We wanted to offer a complete package to any company looking to cut costs while adding new and exciting features to their company.
