| Acceptable Use Policy
Host-Domain.net's
Acceptable
Use Policy ("AUP") is provided to give our
customers & users a clear understanding of what Host-Domain.net
expects of them while using our
services.
This
Policy applies to each Customer and its employees, agents,
contractors or other users of such Customer who obtain
Services from Host-Domain.net (each such person being
a "User"). Each User should use common sense
and good judgment in connection with the Services. Parents
or guardians should always supervise minors in using the
Internet. Parents and guardians should remain aware at
all times of what is on the Internet and how the minors
under their care are using the Services and the Internet.
Parental consent is required for children under the age
of 13 to disclose any personal information or to access
our Customer Support Center, Customer Forums, or to utilize
the Services.
Use of Host-Domain.net Service constitutes acceptance
and agreement to Host-Domain.net's AUP & TOS (Acceptable
Use Policy and Terms of
Service)
This Acceptable Use Policy will be revised from time to time, with or without notice to the customer. A customer's use of Host-Domain.net' services after changes to the Acceptable Use Policy will constitute the customer's acceptance of any new or additional terms of the Acceptable Use Policy that result from those changes.
As this Acceptable Use Policy is subject to change, notification will be attempted by making the new revision publicly available via Host-Domain.net' Web site,
www.Host-Domain.net.
Host-Domain.net wishes to emphasize that in signing the service agreement, subscribers indemnify Host-Domain.net for any violation of the service agreement, law, or Host-Domain.net policy, that results in loss to Host-Domain.net or the bringing of any claim against Host-Domain.net by any third-party. This means that if Host-Domain.net is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against Host-Domain.net, plus costs and reasonable attorneys' fees.
Acceptable Use Policy
Host-Domain.net has a responsibility to protect
each client and to provide the best services
available. The following guidelines were designed to
ensure these obligations are met.
Content
All services provided by Host-Domain.net may be
used for lawful purposes only. Transmission, storage
or presentation of any information, data or material
in violation of any United States Federal, State or
City law is prohibited. This includes, but is not
limited to: copyrighted material, material we judge to
be threatening or obscene or material protected by
trade secret and other statute. The subscriber agrees
to indemnify and hold harmless Host-Domain.net from
any claims resulting from the use of the service which
damages the subscriber or any other party. All
pornographic content and sex-related merchandising is
prohibited on all Host-Domain.net servers. This
includes sites that may infer sexual content or links
to adult content elsewhere. Host-Domain.net will be
the sole arbiter in determining violations of this
provision. Also prohibited are sites that promote any
illegal activity or present content that may be
damaging to Host-Domain.net servers or any other
server on the internet. Links to such materials are
also prohibited.
Examples of unacceptable content
-
Warez sites
-
Safe
List
-
Sex
Sites
-
Gambling
/ Casino relates
-
Pirated software
-
Cracking programs of any kind
-
FTP Sites for large downloads
-
Spam supporting material (email lists)
-
Uploading MP3/Real Audio™/Real Video™ (these
files are not allowed on our servers)
Host-Domain.net will be the sole arbiter as to what
constitutes a violation of this provision.
Commercial Advertising - Email
Spamming, the sending of unsolicited email, or the
selling of spam supporting material from a Host-Domain.net
servers prohibited. Using an email address or domain
that is maintained on an Host-Domain.net machine as
reference, or as a location of such activity is
STRICTLY prohibited. Host-Domain.net will be the sole
arbiter as to what constitutes a violation of this
provision.
Server Abuse
Any attempt to undermine or cause harm to a server,
or customer, of Host-Domain.net is strictly
prohibited.
AUP
General Information
We
support the uncensored flow of information and ideas
over the Internet and do not actively monitor
subscriber activity under normal circumstances.
Similarly, we do not exercise editorial control over
the content of any web site, e-mail transmission,
newsgroups, or other material created or accessible
over or through the services, except for certain
proprietary Web sites. However, in accordance with our
TOS (Terms of Service), we may remove any materials
that, in our sole discretion, may be illegal, may
subject us to liability, or which may violate this AUP.
Host-Domain.net may cooperate with legal authorities
and/or third parties in the investigation of any
suspected or alleged crime or civil wrongdoing. Your
violation of this AUP may result in the suspension or
immediate termination of either your Host-Domain.net account or other actions as detailed in
our AUP and TOS WITHOUT PRIOR NOTICE.
This document is intended to provide a basic
understand of Host-Domain.net's Acceptable Use Policy.
The following are guidelines for the establishment and
enforcement of Host-Domain.net's AUP:
-
Ensure
reliable service to our customers
-
Ensure
security and privacy of our systems and network,
as well as the networks and systems of others
-
Comply
with existing laws
-
Maintain
our reputation as a responsible service provider
-
Encourage
responsible use of the Internet and discourage
activities which reduce the usability and value of
Internet services
-
Preserve
the value of Internet resources as a conduit for
free expression and exchange of information
-
Preserve
the privacy and security of individual users
The Host-Domain.net
intends to provide its customers
access to everything the Internet has to offer. While Host-Domain.net
is firmly committed to the principles
of free speech, certain activities that may be
damaging to the resources of both the Host-Domain.net and the Internet and cannot be permitted under the
guise of free speech. The resources of the Host-Domain.net
and the Internet are limited, and abuse of these
resources by one user has a negative impact on the
entire community.
We do not routinely monitor the activity of accounts
except for measurements of system utilization and the
preparation of billing records. However, in our
efforts to promote good citizenship within the
Internet community, we will respond appropriately if
we become aware of inappropriate use of our service.
You may not use your virtual site to publish material,
which Host-Domain.net determines, at its sole
discretion, to be unlawful, indecent or objectionable.
For purposes of this policy, "material"
refers to all forms of communications including
narrative descriptions, graphics (including
photographs, illustrations, images, drawings, logos),
executable programs, chat programs, video recordings,
and audio recordings (MP3 files). Excessive
storage of MP3 files & Video files are not
permitted as these files consume excessive resources
on our servers.
If
you're not the copyright holder of the material placed
on your site (unless the material is public domain)
please do not place this material on your virtual site
as this will result in the possible cancellation of
your account. For purposes of this policy,
"material" refers to all forms of
communications including narrative descriptions,
graphics (including photographs, illustrations,
images, drawings, logos), executable programs, video
recordings, and audio recordings (MP3 files).
NO
ADULT orientated, Streaming Media, Chat or Warez
material may be stored on your virtual site.
If a Host-Domain.net account is used to violate our
AUP and/or our TOS, we reserve the right to terminate
your service without notice. We prefer to advise
customers of inappropriate behavior and any necessary
corrective action, however, flagrant violations of the
Acceptable Use Policy will result in immediate
termination of service (we will not refund any unused
hosting term left on your account). Our failure to
enforce this policy, for whatever reason, shall not be
construed as a waiver of our right to do so at any
time.
As a member of our network community, you must use
your Internet access responsibly.
VIOLATIONS
OF Host-Domain.net ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
-
Illegal
use: Host-Domain.net's services may not be used
for illegal purposes, or in support of illegal
activities. Host-Domain.net reserves the right to
cooperate with legal authorities and/or injured
third parties in the investigation of any
suspected crime or civil wrongdoing.
-
Harm
to minors: Use of the Host-Domain.net service to
harm, or attempt to harm, minors in any way,
including, but not limited to child pornography.
-
Threats:
Use of the Host-Domain.net service to transmit any
material (by e-mail, uploading, posting or
otherwise) that threatens or encourages bodily
harm or destruction of property.
-
Harassment:
Use of the Host-Domain.net service to transmit any
material (by e-mail, uploading, posting or
otherwise) that harasses another.
-
Fraudulent
activity: Use of Host-Domain.net service to make
fraudulent offers to sell or buy products, items,
or services, or to advance any type of financial
scam such as "pyramid schemes,"
"ponzi schemes," and "chain
letters."
-
Forgery
or impersonation: Adding, removing or modifying
identifying network header information in an
effort to deceive or mislead is prohibited.
Attempting to impersonate any person by using
forged headers or other identifying infirmation is
prohibited. The use of anonymous remailers or
nicknames does not constitute impersonation.
-
Unsolicited
commercial e-mail / Unsolicited bulk e-mail (SPAM)
Use of the Host-Domain.net service to transmit any
unsolicited commercial or unsolicited bulk e-mail
is expressly prohibited. Violations of this type
will result in the immediate termination of the
offending Host-Domain.net account.
-
E-mail
/ News Bombing: Malicious intent to impede another
person's use of electronic mail services or news
will result in the immediate termination of the
offending Host-Domain.net account.
-
E-mail
/ Message Forging: Forging any message header, in
part or whole, of any electronic transmission,
originating or passing through the Host-Domain.net service is in violation of this
AUP.
-
Usenet
SPAMing: Host-Domain.net has a zero tolerance
policy for the use of its network for the posting
of messages or commercial advertisements, which
violate the rules, regulations, FAQ or charter of
any newsgroups or mailing list. Commercial
messages that are appropriate under the rules of a
newsgroup or mailing list or that are solicited by
the recipients are permitted.
-
Unauthorized
access: Use of the Host-Domain.net service to
access, or to attempt to access, the accounts of
others, or to penetrate, or attempt to penetrate,
security measures of Host-Domain.net's or another
entity's computer software or hardware, electronic
communications system, or telecommunications
system, whether or not the intrusion results in
the corruption or loss of data, is expressly
prohibited and the offending Host-Domain.net account is subject to immediate termination.
-
Copyright
or trademark infringement: Use of the Host-Domain.net
service to transmit any material
(by e-mail, uploading, posting or otherwise) that
infringes any copyright, trademark, patent, trade
secret or other proprietary rights of any third
party, including, but not limited to, the
unauthorized copying of copyrighted material, the
digitization and distribution of photographs from
magazines, books, or other copyrighted sources,
and the unauthorized transmittal of copyrighted
software.
-
Collection
of personal data: Use of the Host-Domain.net service to collect, or attempt to collect,
personal information about third parties without
their knowledge or consent.
-
Network
disruptions and unfriendly activity: Use of the Host-Domain.net
service for any activity which
affects the ability of other people or systems to
use Host-Domain.net Services or the Internet. This
includes "denial of service" (DOS)
attacks against another network host or individual
user. Interference with or disruption of other
network users, services or equipment is
prohibited. It is the Member's responsibility to
ensure that their network is configured in a
secure manner. A Subscriber may not, through
action or inaction, allow others to use their
network for illegal or inappropriate actions. A
Subscriber may not permit their network, through
action or inaction, to be configured in such a way
that gives a third party the capability to use
their network in an illegal or inappropriate
manner. Unauthorized entry and/or use of another
company and/or individual's computer system will
result in immediate account termination. Host-Domain.net
will not tolerate any subscriber
attempting to access the accounts of others, or
penetrate security measures of other systems,
whether or not the intrusion results in corruption
or loss of data.
-
Fraud:
Involves a knowing misrepresentation or misleading
statement, writing or activity made with the
intent that the person receiving it will act upon
it.
-
Infringement
of Copyright, Patent, Trademark, Trade Secret, or
Intellectual Property Right: Distribution and/or
posting of copyrighted or the aforementioned
infringements will not be tolerated.
-
Distribution
of Viruses: Intentional distributions of software
that attempts to and/or causes damage, harassment,
or annoyance to persons, data, and/or computer
systems are prohibited. Such an offense will
result in the immediate termination of the
offending account.
-
Inappropriate
Use of Software: Use of software or any device
that would facilitate a continued connection, i.e.
pinging, while using Host-Domain.net services
could result in suspension/cancellation of
service.
-
Third
Party Accountability: Host-Domain.net subscribers
will be held responsible and accountable for any
activity by third parties, using their account,
that violates guidelines created within the
Acceptable Use Policy.
Security
You are responsible for any misuse of your account,
even if the inappropriate activity was committed by
another user under you account, friend, family member,
guest or employee. Therefore, you must take steps to
ensure that others do not gain unauthorized access to
your account. In addition, you may not use your
account to breach security of another account or
attempt to gain unauthorized access to another network
or server.
-
Your
password provides access to your account. It is
your responsibility to keep your password secure.
-
Sharing
your password and account access with unauthorized
users is prohibited. You should take care to
prevent others from using your account since you
will be held responsible for such use.
-
Attempting
to obtain another user's account password is
strictly prohibited, and may result in termination
of service.
-
You
must adopt adequate security measures to prevent
or minimize unauthorized use of your account.
-
You
may not attempt to circumvent user authentication
or security of any host, network or account. This
includes, but is not limited to, accessing data
not intended for you, logging into or making use
of a server or account you are not expressly
authorized to access, or probing the security of
other networks. Use or distribution of tools
designed for compromising security is prohibited.
Examples of these tools include, but are not
limited to, password guessing programs, cracking
tools or network probing tools.
-
You
may not attempt to interfere with service to any
user, host or network ("denial of service
attacks"). This includes, but is not limited
to, "flooding" of networks, deliberate
attempts to overload a service, and attempts to
"crash" a host.
-
Users
who violate systems or network security may incur
criminal or civil liability. Host-Domain.net will
cooperate fully with investigations of violations
of systems or network security at other sites,
including cooperating with law enforcement
authorities in the investigation of suspected
criminal violations.
Disclaimer
Host-Domain.net expressly disclaims any obligation
to monitor its Customers and other Users with respect
to violations of this Policy. Host-Domain.net has
no liability or responsibility for the actions of
any of its Customers or other Users or any content
any User may post on any Web site.
Reporting
Violations of Host-Domain.net AUP
Host-Domain.net requests that anyone who believes that there is a
violation of this AUP direct the information to the Abuse
Department at AUP Violation.
If available, please provide the following information:
-
The IP address
used to commit the alleged violation
-
The date and
time of the alleged violation, including the time zone or
offset from GMT
-
Evidence of
the alleged violation
E-mail with full
header information provides all of the above, as do system log
files. Other situations will require different methods of
providing the above information.
Remedies
If Host-Domain.net learns of a violation of this Policy,
Host-Domain.net will respond to the applicable Customer
and may, in Host-Domain.nets sole discretion,
take any of the following actions, in accordance with
the severity and duration of the violation:
-
Warning
the Customer;
-
Suspending
the offending Customer from the Services;
-
Terminating
the offending Customer from the Services;
-
Imposing
fees or charges on the offending Customer account
in accordance with the applicable service contract;
-
Removing
the offending content;
-
Bring legal
action to enjoin violations and/or to collect damages, if any,
cause by violations; and
-
Taking
other action in accordance with this Policy, the
applicable service contract or applicable law.
Refusal of Service
We reserve the right
to refuse, cancel, or suspend service at our sole
discretion. All Sub-Networks, distributive hosting
sites and dedicated servers of Host-Domain.net must
adhere to the above policies. Failure to follow any
term or condition will be grounds for immediate
account deactivation. Host-Domain.net reserves the
right to deny the refund of any monies paid thus far
if these policies are broken.
REVISIONS
TO THIS ACCEPTABLE USE POLICY
Host-Domain.net reserves the right to revise, amend,
or modify this AUP, our TOS (Terms of Service) and our
other policies and agreements at any time and in any
manner.
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