Acceptable Use Policy (AUP)

Overview

Creatives Underground’s main target is to sustain the power of the Internet as a resource for free expression & information & showing respect to the privacy & security of the users on the Internet. Creatives Underground evaluates itself as a dependable hosting service & votes highly against careless practices that downgrade the usability of network resources, thereby, the quality of Internet services. This AUP (Acceptable Use Policy) denies the actions banned by Creatives Underground. Creatives Underground holds the right to change, or even replace the Policy at any point, applicable upon posting of the modified Policy of this page. Use of Creatives Underground services comes under conditions after accepting AUP. It’s customer’s duty to check for modifications on a regular basis. (Users, customers, & visitors are collectively referred to as customer here).

Disputes & Complaints

All of our abusive disputes & complaints on the issues that aren’t outlined here would be handed according to the United States and Arizona laws. The Arizona court would have all the legal power in cases of disputes associated with or resulting from any sort of disputes, complaints, or agreements among the complainant & customer. If the complainant agrees to hand the dispute decision to the Arizona laws, he/she has to agree that Creatives Underground, the content hosting provider won’t be at fault for any incidental, consequential, punitive, exemplary, or multiple harms. Before the dispute decision has been announced, Creatives Underground holds the right of continuing procuring their offerings to their Customers.

Suspension of Services

Suspension of services might be originated by violations & abuse of network security or system. Such offenses might cause cancellation, suspension, civil & criminal liability. Using Creatives Underground’s services, network, or systems to send or store content that’s illegal according to United States and Arizona laws is not permissible under any circumstances. Instances of network abuse or system or security violations involve, without any limitation, the aspects given below:

1) Hacking

Unauthorized use or access to data, networks, or systems, including any of the attempts to scan, probe, or test out the vulnerability of a network or system or to penetrate through authentication & security measure, with no authorization of the network or system’s owner.

2) Unauthorized Monitoring

Unauthorized monitoring of traffic or data on any of the system or network with no express authorization of the network or system’s owner.

3) Interference

Interference with service to any host, user, or network including, without limitation, flooding, mail bombing, deliberate.

4) Forging

Forging any of the packet header or TCP-IP or any of the parts of the header info inside a newsgroup posting or email.

5) Offensive Material

The use of Creatives Underground services for transmitting any of the material (by uploading, email, posting, or some other way) that encourages or threatens destruction or bodily harm of the property.

6) Fraud

Using Creatives Underground’s services for fraud purposes – including & not limited to speculation websites, fake investment websites, & investment institution.

7) Trojan, Malware, & Virus Distribution

Using Creatives Underground services for distributing Virus or any different sort of data that can do good amount of damage to any of the network. Using / storing any sort of software that’s designed for or has chances of abusing or having negative impact on the Internet service, which includes, but isn’t limited to, hacking tools, post scanners, root/security exploits, ping flooding programs, spam software, & packet sniffers.

8) Terrorist Activities

Using Creatives Underground service for promoting terrorism, including & not constricted to forums for terrorism, personal sites for terrorism, photo, audio, & videos of terrorism.

9) System Resources Overload

Overload of Creatives Underground’s offerings till the system performance or other customers’ business gets impacted including & not limited to CPU’s resources overload, MySQL connections overload, memory resources overload, bandwidth overload & heavy email spam by scripts.

10) Unsolicited Email (Spam)

Customer shouldn’t disseminate or transmit spam (unsolicited bulk messages), or UCE (unsolicited commercial email), which includes ads, charitable, informational distributions or some other solicitation. Neither should Customer make use of Spam or UCE for promoting or benefitting any of the businesses or sites based on the Creatives Underground network, neither for collecting responses from Spam or UCE, irrespective of whether it’s sent over the Creatives Underground network. Don’t breach the CAN-SPAM Act of 2003. Don’t send out email marketing content or leverage email marketing, even when such conduct happens to be compliant with CAN-SPAM through Creatives Underground servers. Customer might not send or try sending emails or transmitting any electronic communications through a name / address of somebody other than Customer for deceptive causes. Attempting to impersonate somebody else by changing source IP info or by using forged headers or different identifying information is not allowed. Any attempts to fraudulently conceal, forge, or in any other way, fake Customer’s identity in reference to the use of the Service is not allowed.

11) Child Pornography

Child pornography involves similar associated material, like non-nude child pornography, simulated child porn, websites linking to this sort of material, trafficking, sexual exploitation, or other heinous crimes involving children. Creatives Underground takes this particular matter more seriously than any other. Not only will such offenses be immediately reported to the federal authorities, and Customer’s service be immediately revoked; we will actively request and publish details provided through the Freedom of Information Act to the general public regarding Customer’s trial and conviction, as well as lobby for Customer’s conviction under the fullest extent of the law and under the maximum penalties available should we have the resources to do so. Customer is fully at fault for any dissemination of such materials regardless of their involvement in the production of the material itself.

12) Storage Device

Having a shared hosting account as a storage device backup is not permissible. Shared hosting accounts are for hosting Customer’s site content. Dedicated VPS hosting and Backup Storage plans allow for such use.

13) Internet Relay Chat (IRC)

Using Creatives Underground servers, regardless of the service package purchased, does not allow for serving an IRC protocol. However, WebSocket, and HyperTextTransfer Protocol are acceptable. 

14) Game Server Hosting

Creatives Underground does not permit Video Game Server Hosting under our hosting or backup plans, with the exception of the Dedication VPS Hosting package. Customer should make Creatives Underground aware of the intent to install Game Server Hosting software on a dedicated VPS so Creatives Underground can properly configure its network and bandwidth for such a use. 

15) DDoS (Distributed Denial of Service)

None of the Creatives Underground resources & servers can be used for performing any sort of DDoS attacks. Should such an act be discovered, the account responsible for facilitating such an attack may be temporarily taken down, heavily restricted through firewall configuration, or outright blacklisted until contact between Customer and Creatives Underground can be established to discuss what took place. Continued attempts to use Creatives Underground servers for DDoS attacks will result in refusal of continued service at Creatives Underground’s discretion. 

Investigation And Cancellation of Services

Creatives Underground holds the right for disabling or terminating service and/or for removing content for investigating alleged violations of federal law. Should federal authorities request access to materials owned by Customer and hosted by Creatives Underground, with proper warrant to obtain access to such materials, Creatives Underground will comply with such warrants and requests. When such a matter occurs, Creatives Underground will immediately notify Customer of such access given to the authorities unless otherwise explicitly directed to the contrary by authorities.

Limit of Liability

Creatives Underground follows the laws & does not control the use of its services by the Customers. Creatives Underground doesn’t predict the operations of a judicial / law enforcement agency. Creatives Underground can’t tell if the posted content is illegal or not. In terms of any of the disputes, an Applicant would have to contact a court or law enforcement agency.

Assumption of Good Faith

Creatives Underground shows respect to its customers and assumes they follow the legal requirements & Creatives Underground’s Terms & Conditions while leveraging the services. Creatives Underground does not monitor its Customer’s content hosted on Creatives Underground’s Servers, nor does Creatives Underground monitor the type of transactions, data, files, packets, or connections to our Customer’s sites for reasons of determining legality or appropriateness of such information. Should illegal use of our services be discovered, prompt notification to the authorities should take place by those whom discovered the illegal use or material. Should the illegal use discovered fall within section 11 of this document, the person responsible for discovering such information is encouraged to also contact Creatives Underground so we may follow up with authorities and terminate service with Customer. 

Objection And Resolution

In the event authorities request of Creatives Underground to terminate service with a customer through a court issued warrant, Creatives Underground will do so. The same authorities must, upon the resolution of any investigations or criminal proceedings, again contact Creatives Underground before Customer will be allowed to resume their services with Creatives Underground. 

Modification

This document isn’t extensive, Creatives Underground holds the right for modifying it at any time. The continuous use of the Services after an amendment / modification constitutes Customer’s acceptance of this document.