acceptable use policy (AUP)

By using the Yabu services, you agree to comply with our policies. You are expected to use the internet with respect, courtesy and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the internet functions, the types of uses which are generally acceptable and the types of uses which are to be avoided. Common sense is the best guide as to what is considered acceptable use.

The following are unacceptable uses:
Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted software, violation of international export restrictions, harassment, fraud, trafficking in obscene material, drug dealing and other illegal activities.

Interpretation
The provisions of this policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation or the accepted norms of the internet community, whether or not expressly mentioned in this policy, is prohibited. Yabu reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.

Illegal use
Yabu servers and services may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization and material that (we judge) is obscene, defamatory, constitutes an illegal threat or violates export control laws.

Examples of non-acceptable content or links:
Pirated software, hackers programs or archives, warez sites, irc bots, illegal mp3.
Yabu will be the sole arbiters as to what constitutes a violation of this provision.

System & network security
Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: unauthorized access, use, probe or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any tcp-ip packet header or any part of the header information in an email or a newsgroup posting.

Misuse of system resources
Any attempts to undermine or cause harm to a server is strictly prohibited.
It is a violation for anyone who, including but not limited to, employs posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, pop accounts or auto responders other than for their own account; or resale the access to cgi scripts installed on our servers.

Tortuous conduct
No one shall post defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights or other intellectual property rights.

Spamming
Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site.
It is contrary to Yabu policy for customers to use our servers to effect or participate in any of the following activities:

1. To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published faq or description of the group or list;
2. To send unsolicited mass e-mailings, if such unsolicited e-mailings provoke complaints from the recipients;
3. To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a Yabu provided server or using a Yabu provided server as a mail drop for responses;
4. To falsify user information provided to Yabu or to other users of the service in connection with use of a Yabu service.

Our servers may not be the source, intermediary or destination address involved in the transmission of spam, flames or mail bombs. Your domain may not be referenced as originator, intermediary or reply-to address in any of the above. We consider spam any mass unsolicited message in the mediums of newsgroups and e-mail. If you are found to have spammed, then we will immediately, without warning, disable your account. As such, any violation will result in immediate deactivation of services without refund.

Consequences of violation
When Yabu becomes aware of an alleged violation of its acceptable use policy, Yabu will initiate an investigation. During the investigation Yabu may restrict customer's access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, Yabu may, at its sole discretion, restrict, suspend or terminate customer's account and/or pursue other civil remedies. If such violation is a criminal offence, Yabu will notify the appropriate law enforcement department of such violation.
Yabu does not issue service credits for any outages incurred through service disablement resulting from Policy violations.

Payments
All payments are to be made before delivery of service. once your payment is processed by our system, your account will be initiated as soon as possible.
If any payments are to be contestate by the customer, this results in immediate de-activation and deletion of all services on your customer account. This action is applied without notice and no refunds or claims are applicable on this matter.

Limitation of liability
All services are delivered as is.
In no event shall either party be liable to the other for any indirect, incidental or consequential damages arising out of or in relation to the hosting- or other services provided. This includes, but is not limited to damages due to loss of data, delays, non deliveries, missdeliveries or interruptions of service. At no time Yabu and its directors, officers, shareholders, agents and contractors can be indemnified and held harmless from and against any and all allegations, claims, expenses (including reasonable attorney's fees), liability or suits, made, threatened or brought in relation to or arising from any type of violation.

Refusal of service
Yabu reserves the right to refuse or cancel service at our sole discretion. If any terms or conditions are failed to be followed, it will result in grounds for immediate account de-activation without refunds. lack of necessary information or co-operation from the customer can lead to refusal/de-activation of service as well.

Modification
Yabu reserves the right to add, delete or modify any provision of this policy at any time without notice.

Copyright & trademark statement
Š 2002-2010 Yabu Europe. This site is protected by copyright and trademark laws under European and international law. All rights reserved.

Information on this web site is provided "as is". Yabu disclaims any and all warranties, express and implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purposе and non-infringement. FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Use of the information and features on this site are at your sole risk. Yabu will in no event be liable to any person or entity for any direct, indirect, consequential, incidental or other damages under any theory of law for any errors in the information and features on this site, or for the use of any information or features available on this site, including without limitation, damages for lost profits, business, data, or damage to your computer systems, even if you have advised Yabu of the possibility of such damages.

The information, products and services contained or referred to on this web site may change or be updated without notice. In the event of a conflict between the Yabu service information on this web site and the service information contained in the Yabu services overview or e-mail communication, the Yabu web site will control. There are links in this area which allow you to visit the sites of other companies. Neither these sites nor the companies to whom they belong are controlled by Yabu. Yabu makes no representations concerning the information provided in these sites nor the quality or acceptability of the products or services offered by the companies referenced in these sites. Yabu has not tested and makes no representations regarding the correctness, performance or quality of any software found at these sites. You should research and assess the risks which may be involved in accessing and using any software on the internet before using it.
Yabu does not accept ideas, concepts or techniques for new services or products through its web site. if such information is received, it will not be considered confidential and Yabu will be deemed free to use, communicate and exploit such information in any manner it chooses.