Acceptable Use Policy
NAMSAHAZ is committed to providing services at a standard of excellence commensurate with the best practice in the industry. Network up-time and server availability are of the highest importance. Nevertheless, all customers must understand and agreed to our AUP. Please note that this AUP is subjected to change and it is Customer's responsibility to regularly check for modifications. (Customers, users, and visitors are referred collectively as Customer.)
This Acceptable Use Policy specifies the actions prohibited by NAMSAHAZ. NAMSAHAZ reserves the right to modify the Policy at any time, effective upon posting of the modified Policy to this URL:
Use of NAMSAHAZ services is conditional upon acceptance of Acceptable Use Policy (AUP).
Violations & Strictly Prohibited
Violations of system or network security are prohibited, and may result in criminal and civil liability. NAMSAHAZ will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected.
Examples of system or network security violations include, without limitation, the following:
1. Hacking. Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
2. Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
3. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
4. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
5. Offensive Material. Use of NAMSAHAZ service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
6. Fraud.
7. Virus Distribution.
8. Terrorist Websites.
9. Spam (UNSOLICITED EMAIL)
Customer shall not transmit or disseminate unsolicited commercial e-mail (UCE), or unsolicited bulk messages (Spam), including advertisements, informational distributions, and charitable or other solicitations. Nor shall Customer utilize UCE or Spam to promote or benefit any sites or businesses that are located on the NAMSAHAZ network, nor to collect responses from UCE or Spam regardless of whether sent over the NAMSAHAZ network. Do not send more than one hundred (100) unsolicited e-mails during any twenty-four (24) hours period.
Do not violate the CAN-SPAM Act of 2003. Do not send E-Mail Marketing Messages or facilitate E-Mail Marketing, even if such conduct is CAN-SPAM compliant. Do not host or allow to be hosted any site or information that is advertised by E-Mail Marketing, even if such conduct is CAN-SPAM compliant.
Customer may not send or attempt to send e-mail messages or transmit any electronic communications using a name or address of someone other than Customer for purposes of deception. Any attempt to impersonate someone else by altering source IP address information or by using forged headers or other identifying information, including the domain name is prohibited. Any attempt to fraudulently conceal, forge, or otherwise falsify Customer's identity in connection with use of the Service is prohibited.
Customer is responsible for any misuse of account, even if the inappropriate activity was committed by a friend, family member, guest or employee.
Investigation & Cancellation of Services
NAMSAHAZ reserves the right to disable service or terminate service and/or to remove content in order to investigate suspected violations of this AUP or of the Terms of Service. NAMSAHAZ at its best effort will notify any customers of any violation so that the customer can investigate the case and provide the necessary explanation or solution. If there is no reply from customer within the mentioned period, NAMSAHAZ will have no choice but to suspend the services to avoid more harm. In some critical cases, NAMSAHAZ reserves the right to disable or terminate service without first given notice if the violation affects the entire operation.
After the first warning from the NAMSAHAZ's Abuse Department, Customer will be charged at US$99/hour and other related expenses for any investigation costs. Because Customer is being charged DOES NOT mean this is acceptable. Customer is being charged the cost to process the complaints, inform the proper agencies of the problem, and overall administrative costs. If NAMSAHAZ feels as though this first offense was a deliberate attempt then the account and all associated accounts will be closed without warning and without a refund. NAMSAHAZ does not issue refunds for terminating service due to any of the causes specified above. Upon a second complaint, the Customer's account and all associated accounts will be permanently closed without warning and without a refund.
Reporting AUP Violations
Please email to abuse@namsahaz.com.
Monitoring & Disclaimer
NAMSAHAZ has no obligation to monitor its services and WILL NOT disclose information regarding use of the services for any reason. NAMSAHAZ is committed to protect the customers data.
NAMSAHAZ’S SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NAMSAHAZ DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. NAMSAHAZ MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE PROVIDED BY NAMSAHAZ OR ANY OF ITS REPRESENTATIVES WILL CREATE A WARRANTY.
NAMSAHAZ WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR MULTIPLE DAMAGES, EVEN IF NAMSAHAZ WAS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. NAMSAHAZ’S MAXIMUM LIABILITY ARISING OUT OF OR RELATED TO PROVISION OF ITS SERVICES WILL NOT EXCEED THE TOTAL AMOUNT OF FEES BILLED TO CUSTOMER DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
NAMSAHAZ WILL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: (i) OTHER NAMSAHAZ CUSTOMERS OR THIRD PARTIES ACCESSING CUSTOMER’S DATA OR ASSIGNED COMPUTERS; (ii) SECURITY BREACHES; (iii) EAVESDROPPING; (iv) DENIAL OF SERVICE ATTACKS; (v) INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING NAMSAHAZ’S SERVICE; (vi) CUSTOMER’S RELIANCE ON OR USE OF THE SERVICE; (vii) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR OTHER FAILURES OF PERFORMANCE OF THE SERVICE; (viii) THE ACCURACY, COMPLETENESS, AND USEFULNESS OF THE SERVICE; OR (ix) LOSS OF DATA OR LOSS OF ACCESS TO DATA.
NAMSAHAZ’s limitations and exclusions of liability apply equally to NAMSAHAZ’s officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies.