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to terms and conditions/policies)
As a provider of web site hosting, and other Internet-related services,
hostproof.com offers its clients, and their customers and users, the means
to disseminate a wealth of public, private, commercial, and non-commercial
information. hostproof.com respects that the Internet provides a forum
for free and open discussion and dissemination of information, however,
when there are competing interests at issue, hostproof.com reserves the
right to take certain preventative or corrective actions. In order to
protect these competing interests, hostproof.com has developed an Acceptable
Use Policy ("AUP"), which supplements and explains certain terms
of each customer's respective service agreement and is intended as a guide
to the customer's rights and obligations when utilizing hostproof.com’s
services. This AUP will be revised from time to time. A customer's use
of hostproof.com’s after changes to the AUP are posted on hostproof.com’s
web site, www.hostproof.com, will constitute the customer's acceptance
of any new or additional terms of the AUP that result from those changes.
One important aspect of the Internet is that no one party owns or controls
it. This fact accounts for much of the Internet's openness and value,
but it also places a high premium on the judgment and responsibility of
those who use the Internet to disseminate information to others.
When information is disseminated through the Internet, they also must
keep in mind that hostproof.com does not review, edit, censor, or take
responsibility for any information its clients may create. When users
place information on the Internet, they have the same liability as other
authors for copyright infringement, defamation, and other harmful speech.
Also, because the information they create is carried over hostproof.com’s
network and may reach a large number of people, including both clients
and non-clients of hostproof.com, clients' postings to the Internet may
affect other clients and may harm hostproof.com’s goodwill, business reputation,
and operations. For these reasons, clients violate hostproof.com policy
and the service agreement when they, their customers, affiliates, or subsidiaries
engage in the following prohibited activities:
Spamming
Sending unsolicited bulk and/or commercial messages
over the Internet (known as "spamming"). It is not only harmful
because of its negative impact on consumer attitudes toward hostproof.com,
but also because it can overload hostproof.com's network and disrupt service
to hostproof.com clients. Also, maintaining an open SMTP relay is prohibited.
When a complaint is received, hostproof.com has the discretion to determine
from all of the evidence whether the e-mail recipients were from an "opt-in"
e-mail list.
Intellectual Property Violations
Engaging in any activity that infringes or misappropriates
the intellectual property rights of others, including copyrights, trademarks,
service marks, trade secrets, software piracy, and patents held by individuals,
corporations, or other entities. Also, engaging in activity that violates
privacy, publicity, or other personal rights of others. hostproof.com
is required by law to remove or block access to customer content upon
receipt of a proper notice of copyright infringement. It is also hostproof.com’s
policy to terminate the privileges of customers who commit repeat violations
of copyright laws.
Adult Material
Because the Internet is a global communication
tool, and we have clients from nearly every country in the world it is
difficult to dictate what is considered "adult material." However,
it is not our function to discriminate against those who choose to utilize
adult content or adult related material. This being said, there are still
several reasons why hostproof.com has been forced to create its no adult
sites policy for its virtual server users. Please ask about our dedicated
servers.
What does hostproof.com consider "Adult Material?"
Any site whose revenue is gained in part or whole from its adult content.
Photos or videos showing frontal nudity on either men or women for non-scientific
or non-artistic purposes.
Revenue-generating hyperlinks to sites who violate policy #1.
Why does hostproof.com have this policy?
Bandwidth and Resources
A virtual server is a shared environment where many servers reside on
each particular machine. This being said, consider that an average "adult
site" gets more hits than 100 standard websites. Some of the smaller
adult sites get around 5 GB of transfer per day. With these types of resources
being utilized, our servers would be severely slowed if we allowed these
high traffic sites to also reside on our servers. On top of that, we would
be forced to raise our prices to pay for the additional bandwidth. We
strive to keep our servers fast and inexpensive, and our bandwidth clear;
therefore, adult sites are not an option.
hostproof.com reserves the right to decide what it considers "adult
content", "adult material", "sexually explicit",
or "sexually related". Let us know if you are unsure of the
approval of your site before placing an order.
Defamatory or Abusive Language
Using hostproof.com’s network as a means to transmit
or post defamatory, harassing, abusive, or threatening language.
Forging of Headers
Forging or misrepresenting message headers, whether
in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to
Other Computers or Networks
Accessing illegally or without authorization
computers, accounts, or networks belonging to another party, or attempting
to penetrate security measures of another individual's system (often known
as "hacking"). Also, any activity that might be used as a precursor
to an attempted system penetration (i.e. port scan, stealth scan, or other
information gathering activity).
Background Running Programs
Background Daemons in general are prohibited
on hostproof.com servers, including, but not limited to, IRC bots, eggdrop,
BitchX, XiRCON, warez sites and any other program that interferes with
normal server operation.
hostproof.com will be the sole arbitor of what consitutes a violation
of the above policy.
Distribution of Internet Viruses,
Worms, Trojan Horses, or Other Destructive Activities
Distributing information regarding the creation
of and sending Internet viruses, worms, Trojan horses, pinging, flooding,
mailbombing, or denial of service attacks. Also, activities that disrupt
the use of or interfere with the ability of others to effectively use
the network or any connected network, system, service, or equipment.
Facilitating a Violation of this
AUP
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, mailbombing, denial of service attacks,
and piracy of software.
Export Control Violations
Exporting encryption software over the Internet
or otherwise, to points outside the United States.
Usenet Groups
hostproof.com reserves the right not to accept
postings from newsgroups where we have actual knowledge that the content
of the newsgroup violates the AUP.
Other Illegal Activities
Engaging in activities that are determined to
be illegal, including advertising, transmitting, or otherwise making available
ponzi schemes, pyramid schemes, fraudulently charging credit cards, and
pirating software.
Other Activities
Engaging in activities, whether lawful or unlawful,
that hostproof.com determines to be harmful to its clients, operations,
reputation, goodwill, or customer relations.
As we have pointed out, the responsibility for
avoiding the harmful activities just described rests primarily with the
client. hostproof.com will not, as an ordinary practice, monitor the communications
of its client to ensure that they comply with hostproof.com policy or
applicable law. When hostproof.com becomes aware of harmful activities,
however, it may take any action to stop the harmful activity, including
but not limited to, removing information, shutting down a web site, implementing
screening software designed to block offending transmissions, denying
access to the Internet, or take any other action it deems appropriate.
hostproof.com 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, hostproof.com urges its clients to assume
that all of their on-line communications are insecure. hostproof.com cannot
take any responsibility for the security of information transmitted over
hostproof.com’s facilities.
hostproof.com 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. hostproof.com may, however,
monitor its service electronically to determine that its facilities are
operating satisfactorily. Also, hostproof.com 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. hostproof.com 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, hostproof.com
may disclose client information or information transmitted over its network
where necessary to protect hostproof.com and others from harm, or where
such disclosure is necessary to the proper operation of the system.
We hope this AUP is helpful in clarifying
the obligations of Internet users, including hostproof.com
and its clients, as responsible members of the Internet.
Any complaints about a client's violation of this AUP should
be sent to mailto:abuse@hostproof.com.
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