Acceptable use Policy (AUP)
This Policy amends the Agreement between Metric International, Inc., our partners, service providers, sub-contractors or affiliates (hereinafter: “Metric International”, “Agency”, “us”, “we”, “our”) and Customer (hereinafter: “Customer”, “Client”, “user”, “you”, “yours”) and describes, but is not limited to, certain restrictions, conditions, rights, prohibitions, related to your use of the Services. The examples described in this Policy are not exhaustive. We may modify this Policy at any time by posting a revised version on our website. By using the Services or accessing the Metric International, Inc. website, you agree to the latest version of this Policy. Any violation of the Policy or if you authorize or help others to do so, shall be deemed a breach of the Agreement, and we may suspend or terminate your use of the Services.
By purchasing any Service(s) from Metric International, you declare that you have read, understood and agree to be bound by this Policy. It is essential that you read this Policy prior to purchasing any Service(s) from Metric International.
By accessing or using any part of the Website, you agree to be bound by the terms & conditions of this agreement. Should you decide to not agree to any or all and without modification of the operating rules, policies, disclaimers and terms & conditions of this agreement, then you may not access the Website or use any services. The content of this Website is protected by applicable copyright and trademark law and cannot be used, reproduced, shared or copied without explicit and written consent from us.
The Metric International Acceptable Use Policy (AUP) sets out the rules and guidelines for using our Services. You agree that you and your End users will use the Services in full compliance with the Metric International Terms of Service (TOS) and the AUP.
By using any service provided by Metric International you agree that:
- You will not violate any applicable laws, regulations, ordinances, rules or any requirements of any applicable national or local authority/regulator;
- You will not transmit any unsolicited commercial or bulk email. You will not engage in any spamming or Mail Bombing activities;
- All your outgoing email messages containing advertising will include an automated opt out;
- You will not make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum;
- You will not make, attempt or allow any unauthorized access to Metric International and/or third-party website(s), server(s), or hosting accounts and/or services;
- You will not allow any remote code execution of malicious software;
- You will not cause denial of service attacks, port scans or other endangering and invasive procedures against Metric International servers and facilities or the servers and facilities of other network hosts or Internet users;
- You will not forge the signature or other identifying mark or code of any other person or engage in any activity (including “spoofing”) to attempt to deceive other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames);
- You will not display, store, distribute or otherwise make available any content or material that you are not authorized to, whether because prohibited by law, agreement or other reason. This includes but is not limited to copyrighted music, video, photos, designs, files, copyrighted software, personally identifiable or protected confidential information, trade secrets, etc.;
- You will not impersonate any person or entity;
- You may not host websites related to high-risk activities where the interruption or malfunction of the Services could lead to serious consequences, including but not limited to personal injury, death, environmental damage, etc. only after receipt of our explicit consent. For such websites, you must receive confirmation from us that you can use the Services before submitting your Order. Examples of high-risk activities include but are not limited to nuclear facilities, air traffic control, life and health support, etc.
- You will not harm or seek to harm minors in any way;
- You will not host or operate an audio and/or video streaming service;
- You will not host websites that make use of cryptopools/contain mining scripts, promote cryptocurrency money-making schemes, are crypto exchange and crypto airdrop sites;
- You will not host any website, content, links or advertisements of websites that:
- infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any party;
- profess hatred for particular social, ethnical, religious or other group;
- contain viruses, Trojan horses, worms, time bombs, ransomware, spyware, adware, scareware, corrupted files, or any other malicious software or programs that may interrupt, limit the functionality or destroy any software, hardware or equipment;
- contain Illegal or Hacking/Phreaking Software (Warez);
- contain any software that is copyrighted and not freely available for distribution without cost. This includes, but is not limited to ROMs, ROM Emulators and Mpeg Layer 3 files (MP3);
- contain any kind of proxy server or other traffic relaying programs;
- promote Money Making Schemes, Multi-level Marketing or similar activities;
- contain Torrent trackers, Torrent Portals or similar software;
- are used to operate and contain peer-to-peer network systems and file sharing systems;
- are with adult content, pornographic, obscene, unlawfully harassing, or connected with child abuse or sex-related merchandising;
- contain personal data, private information, images, photos, videos and any other identifying information or material of any third party, including children without their consent (or a parent’s consent in the case of a minor);
- advertise, encourage or give any kind of support to the use and/or sale of drugs and any related substances without permission by the government or other authority;
- contain any data, material that is unlawful, abusive, threatening, harassing, or defamatory;
- contain fake news, misleading, untruthful or inaccurate information;
- promote, encourage or give any kind of support to violence and terrorism.
Examples of unacceptable content, data, materials, websites on all Metric International servers include but are not limited to:
IRC Bots, Proxy Scripts, Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs,, muds / rpg’s, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forum sites and or any other websites that distribute or link to warez content are strictly prohibited as well.
Any material that in our reasonable opinion is either obscene or threatening is strictly prohibited and will be removed from our servers.
By using our Services you also agree not to engage in or to instigate actions that cause harm to Metric International, other Metric International customers or any third party. Such actions include, but are not limited to, actions resulting in blacklisting any Metric International IPs by any online spam or IP reputation database, actions resulting in DOS attacks for any Metric International server, etc.
You are solely responsible for ensuring that all programs and scripts installed or used on the Services are secure and the permissions of directories and files are set properly. We recommend that you set the permissions on all directories and files to be as restrictive as possible. You are solely responsible for any actions and activity while using the Services, including any compromise of login credentials.
You agree to keep all your login credentials secure at any time. We reserve the right to carry out audits to determine the security level of login credentials. In the event that we determine your login credentials have been compromised (e.g. were brute-forced, hijacked, stolen, etc.) and are being used or were used for uploading, maintaining, running unacceptable content, data materials or websites, we may suspend access to the compromised Service (including but not limited to Customer Account, hosting service, user accounts, website, FTP service, Email service). We will notify you if such actions are taken against your hosting account.
Metric International shall not provide legal advice referring to compliance of content and materials uploaded on or transmitted through our Services. You shall be solely responsible for verifying whether your content and materials comply with any applicable law, including laws in jurisdictions where your content and/or materials are uploaded, hosted or accessed. Metric International shall not bear any liability if your use of the Services violates any law or regulation.
If your use of the Services results in violation the AUP, we may take immediate corrective action without prior warning, including deletion of content or Service suspension. Violation of the AUP will result in termination of the Agreement with no refund. Metric International shall not be liable for any loss or damage arising from our measures taken against actions causing harm to Metric International, other Metric International customers or any third party.
We reserve the right to terminate the Agreement for Services suspended for violation of the AUP or the TOS with no refund.
Any violation of our AUP should be reported to us at legal (at) metric.international
This AUP is an integral part of the Metric International Terms of Service (TOS). For all issues related to the use of the services not settled by the AUP, the provisions of the TOS shall apply.
You must comply with the CAN-SPAM Act of 2003 and all relevant regulations and legislation on bulk and commercial email. You are prohibited from sending mass unsolicited email messages. All emails sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from You will be considered as unsolicited email messages. You using and sending mass mailings must at all times maintain complete and accurate records of all consents and opt-ins and upon request provide said records to Metric International, Inc. In the event that You cannot provide actual and verifiable proof of such consents and opt-ins, we will consider the mass mailing to be unsolicited. Metric International, Inc. prohibits the following activities listed without limitation hereunder:
No Illegal, Harmful, or Offensive Use or Content
You may not use, or encourage, promote, facilitate or instruct others to use, the Services or Metric International, Inc. Site for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive. Prohibited activities or content include:
- Illegal, Harmful or Fraudulent Activities. Any illegal activities, that violate the rights of others, or that may be harmful to others, our operations or reputation, including disseminating, promoting or facilitating child pornography, offering or disseminating fraudulent goods, services, schemes, or promotions, make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming.
- Infringing Content. Content that infringes or misappropriates the intellectual property or proprietary rights of others.
- Offensive Content. Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts.
- Harmful Content. Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.
No Security Violations
You may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include:
- Unauthorized Access. Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
- Interception. Monitoring of data or traffic on a System without permission.
- Falsification of Origin. Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route. The legitimate use of aliases and anonymous remailers is not prohibited by this provision.
No Network Abuse
You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:
- Monitoring or Crawling. Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.
- Denial of Service (DoS). Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.
- Intentional Interference. Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
- Operation of Certain Network Services. Operating network services like open proxies, open mail relays, or open recursive domain name servers.
- Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.
- Newsletters. Sending mass emails to a list or group of recipients.
- Unsolicited bulk or individual messages (i.e. advertizing).
- Spamming using third-party proxy, aggregation of proxy lists, or proxy mailing software installation.
- Configuring a mail server to accept and process third-party emails for sending with no user identification and/or authentication.
- Hosting web pages advertised via “spam e-mail” sent from another network (“spamvertising“).
- Hosting any web pages or providing any services that support spam.
- Using weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-ups, instant messages or text/SMS messages for sending, posting or transmitting unsolicited bulk messages.
- Advocating any activities, prohibited by any of our policies.
No E-Mail or Other Message Abuse
You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this Policy or the acceptable use policy of that provider.
Our Monitoring and Enforcement
We reserve the right, but do not assume the obligation, to investigate any violation of this Policy or misuse of the Services or Metric International, Inc. Site. We may:
- Investigate violations of this Policy or misuse of the Services or Metric International, Inc. Site; or
- Remove, disable access to, or modify any content or resource that violates this Policy or any other agreement we have with you for use of the Services or the Metric International, Inc. Site.
- Permanently close user account and/or services forfeiting the user’s all paid fees or amounts.
We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.
If we determine that you have deliberately or recklessly used our hosting services for the sending of SPAM e-mail messages, we reserve the right to assess a $500 per violation charge upon your account, which shall serve to compensate us for increased administration costs and expenses of redressing SPAM-related activity. You agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity, we may assess the fee entirely at our discretion. The fee will be charged to your account, in accordance with the payment information submitted by you as part of your acquisition of our services. The parties further agree that such $500 would not act as a penalty. You further agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity we may share information regarding your activities, including but not limited to your identity, with the various anti-SPAM organizations and/or blacklists.
We take all SPAM issues extremely seriously and will take redress such activity whenever we deem necessary.
Reporting of Violations of this Policy
If you become aware of any violation of this Policy, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation. To report any violation of this Policy, please contact us.