Acceptable Use Policy

    AlohaNAP  provides colocation and other Internet-related services to its clients. While respecting that the Internet provides a forum for free and open discussion and dissemination of information, when competing interests arise, AlohaNAP reserves the right to take preventative or corrective actions. This Acceptable Use Policy (AUP) supplements and explains certain terms of the customer’s service agreement and is intended as a guide to the customer’s rights and obligations when utilizing AlohaNAP’s services. This AUP will be revised from time to time and posted on AlohaNAP’s web site, www.AlohaNAP.com, provided that Customer is not bound to such changes unless it explicitly consents.

    The fact that no one party owns or controls the Internet accounts for much of the Internet’s openness and value, but also places a high premium on the judgment and responsibility of those disseminating information to others via the Internet. AlohaNAP does not review, edit, censor, or take responsibility for any information its clients create. Users placing information on the Internet have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, information carried over AlohaNAP’s network may reach a large number of people, including both clients and non-clients of AlohaNAP. Thus, clients’ postings to the Internet may affect others and impact their goodwill, business reputation, and operations. Clients, their customers, affiliates, or subsidiaries engaging in the following prohibited activities violate AlohaNAP policy and the service agreement:

    1.1.1 UCE / Spam

    The abuse and misuse of e-mail is a serious problem, and AlohaNAP cannot and will not tolerate it. This policy covers all servers and domains on our network, including but not limited to Shared Hosting, Virtual Private Servers, Dedicated Servers and Colocation.

    Definition of UCE (Unsolicited Commercial E-mail), or spam:

    The bulk UCE, promotional material, or other forms of solicitation sent via e-mail that advertise any IP address belonging to AlohaNAP or any URL (domain) that is hosted by AlohaNAP.
    Unsolicited postings to newsgroups advertising any IP or URL hosted by AlohaNAP.
    The use of web pages set up on ISPs that allow spamming (also known as “ghost sites”) that directly or indirectly reference customers to domains or IP addresses hosted by AlohaNAP.
    Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate a means to spam.
    Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.
    For further information on mail abuse, please visit the Mail Abuse Prevention System (MAPS) web site.

    AlohaNAP follows and enforces the CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act) of 2003. This Act prohibits misleading header information, misleading or deceptive subject lines, requires an opt-out method for the recipient, and commercial e-mail must include valid physical postal address of sender and be labeled as an advertisement. Please reference: http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.pdf for more information on the CAN-SPAM Act of 2003.

    Spam, mailing lists and other email restrictions Due to the increased problems and risk to our network, AlohaNAP also prohibits the use of 3rd party mailing lists and FFA’s. See our mailing list management principals for managing your own lists. Examples that we do not allow include but are not limited to: Safelist, Purchased/Sold mailing lists, FFA’s.

    Since it is unsolicited, users who receive spam often become angry and send complaints to our upstream providers. This upsets our providers who abhor spam for the same reasons that AlohaNAP does – it causes negative consumer attitudes and drains resources. We strive to maintain favorable business relationships in the Web community and obviously will not allow any practice that threatens these relationships.

    Consequences/ Penalties for Spamming

    AlohaNAP reserves the right to terminate any account that violates this policy. Usage of AlohaNAP services constitutes acceptance and understanding of this policy. It is the responsibility of colocation clients to manage the email from their server/accounts and to comply with anti-spam policies. AlohaNAP reserves the right to decide what it considers “spam”, “UCE”, “mail bombing”, or “bulk e-mail”, and to determine from all of the evidence whether or not the e-mail recipients were from an “opt-in” e-mail list.

    Facilitating a Violation of our TOS

    Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.

    Other activities AlohaNAP determines to be harmful

    As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the client. AlohaNAP will not, as an ordinary practice, monitor the communications of its client to ensure that they comply with AlohaNAP policy or applicable law.

    AlohaNAP also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, AlohaNAP urges its clients to assume that all of their on-line communications are insecure. AlohaNAP cannot take any responsibility for the security of information transmitted over AlohaNAP’s facilities.

    AlohaNAP will not intentionally monitor private electronic mail messages sent or received by its clients unless required to do so by law, governmental authority, or when public safety is at stake. AlohaNAP may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, AlohaNAP may disclose information, including but not limited to, information concerning a client, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. AlohaNAP assumes no obligation to inform the client that client information has been provided and in some cases may be prohibited by law from giving such notice. Finally, AlohaNAP may disclose client information or information transmitted over its network where necessary to protect AlohaNAP and others from harm, or where such disclosure is necessary to the proper operation of the system.

    Any complaints about a client’s violation of this AUP should be sent to: info@alohaNAP.com.