PLEASE READ AND UNDERSTAND THE FOLLOWING
INFORMATION BEFORE YOU SIGN UP FOR SERVICE
HOSTINGAMERICA.COM WILL TERMINATE SERVICES FOR VIOLATIONS OF THESE TERMS
THERE ARE NO REFUNDS FOR VIOLATIONS OF OUR ACCEPTABLE USE POLICY (AUP) OR TERMS
OF SERVICE (TOS)
THE FOLLOWING TYPES OF SERVICES ARE BANNED FROM OUR NETWORK:
Bittorrent, P2P, File
Sharing, Open/Anonymous Proxy Servers, IRC/Relay, Spam or any other service
which hides the identity of the user or provides any service or content
prohibited under the Acceptable Use Policy (AUP) which can be read at http://www.HostingAmerica.com/AUP.aspx
The purpose of this Acceptable Use Policy (“AUP”) is to protect
HostingAmerica.com’s Users, Customers, and Services and to protect the Internet
community as a whole from illegal, irresponsible, or otherwise disruptive
activities. As a HostingAmerica.com Customer, you agree to abide by this AUP
and to use common sense and good judgment in connection with your use of HostingAmerica.com’s
Services. HostingAmerica.com maintains this AUP to prescribe rules with which
our customers must comply as a condition of continuing to receive our products
and services (collectively, the “Services”). HostingAmerica.com reserves the
right to initiate legal action against, to terminate any and all Services being
provided to, and to otherwise take action against any person who violates one
or more provisions of this AUP. HostingAmerica.com may modify this AUP at any
time. A Customer must modify its use of the Services as necessary to comply
with each modified AUP. When this AUP is modified, the updated policy will be
posted on the HostingAmerica.com’s Web site at http://www.HostingAmerica.com/aup.aspx.
By using the Services, a Customer automatically accepts the AUP currently in
effect at the time of each use. This AUP is incorporated by reference in your Service Order with
HostingAmerica.com. Services may be suspended or terminated for violation of
this AUP in accordance with our Terms of Service (“TOS”). This AUP supplements each contract between
HostingAmerica.com and a Customer and is incorporated by reference into each
service order. This AUP applies to each User and Customer.
Inquiries
regarding this policy should be directed to abuse@HostingAmerica.com
Please note the following:
·
Violations of this AUP
may result in criminal and/or civil liability.
·
HostingAmerica.com
reserves the right to refuse service to anyone at any time.
·
HostingAmerica.com is
the sole arbiter in determining what constitutes a violation of this AUP.
·
No credit or refund
will be issued for any interruption or termination of service resulting from a
violation of this AUP.
·
HostingAmerica.com
reserves the right at all times to prohibit Content and/or activities that
damage its or any of its Customers’ commercial reputation and goodwill.
·
HostingAmerica.com
reserves the right at all times to prohibit Content and/or activities that it
deems to be disruptive or harmful, even if those activities are legal or are
not expressly prohibited by this AUP.
·
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;
·
Monitoring data or
traffic on any network or system without the express authorization of the owner
of the system or network;
·
Interference with
service to any user of the HostingAmerica.com or other network including,
without limitation, mail bombing, flooding, deliberate attempts to overload a
system and broadcast attacks;
·
Use of an Internet
account or computer without the owner's authorization;
·
Collecting or using
email addresses, screen names or other identifiers without the consent of the
person identified (including, without limitation, phishing, Internet scamming,
password robbery, spidering, and harvesting);
·
Collecting or using
information without the consent of the owner of the information;
·
Use of any false,
misleading, or deceptive TCP-IP packet header information in an e-mail or a
newsgroup posting;
·
Use of the service to
distribute software that covertly gathers information about a user or covertly
transmits information about the user;
·
Use of the service for
distribution of advertisement delivery software unless: (i) the user
affirmatively consents to the download and installation of such software based
on a clear and conspicuous notice of the nature of the software, and (ii) the
software is easily removable by use of standard tools for such purpose included
on major operating systems; (such as Microsoft's "add/remove" tool);
or
·
Any conduct that is
likely to result in retaliation against the HostingAmerica.com network or Web
site, or HostingAmerica.com's employees, officers or other agents, including
engaging in behavior that results in any server being the target of a denial of
service attack (DoS).
·
Abusive or harassing
treatment of HostingAmerica.com staff.
Bulk or Commercial E-Mail
Customer must comply with the CAN-SPAM Act of 2003 and other laws and
regulations applicable to bulk or commercial e-mail. In addition, customer must
obtain HostingAmerica.com's advance approval for any bulk e-mail, which will
not be given unless you are able to demonstrate all of the following to
HostingAmerica.com's reasonable satisfaction:
·
Intended recipients have given their consent to receive e-mail
from you via some affirmative means, such as an opt-in procedure;
·
Customer’s procedures
for seeking consent include reasonable means to ensure that the person giving
consent is the owner of the e-mail address for which consent is given;
·
Customer retains
evidence of each recipient's consent in a form that can be promptly produced on
request, and you honor recipient's and HostingAmerica.com's requests to produce
consent evidence within 72 hours of receipt of the request.
·
Customer has
procedures in place that allow a recipient to revoke their consent - such as a
link in the body of the e-mail, or instructions to reply with the word
"Remove" in the subject line; customer honors revocations of consent
within 48 hours, and notifies recipients that the revocation of their consent
will be implemented in 48 hours;
·
Customer must post an
e-mail address for complaints (such as abuse@yourdoman.com) in a conspicuous
place on any Web site associated with the e-mail, customer must register that
address at abuse.net, and you must promptly respond to messages sent to that
address;
·
Customer must have a
Privacy Policy posted for each domain associated with the mailing;
·
Customer has the means
to track anonymous complaints;
·
Customer may not
obscure the source of your e-mail in any manner. Your e-mail must include the
recipients e-mail address in the body of the message or in the "TO"
line of the e-mail.; and
·
Customer must not
attempt to send any message to an e-mail address if 3 consecutive delivery
rejections have occurred and the time between the third rejection and the first
rejection is longer than fifteen days.
These
policies apply to messages sent using your HostingAmerica.com service, or to
messages sent from any network by you or any person on your behalf that
directly or indirectly refer the recipient to a site or an e-mail address
hosted via your HostingAmerica.com service. In addition, you may not use a
third party e-mail service that does not practice similar procedures for all
its customers. These requirements apply to distribution lists prepared by third
parties to the same extent as if the list were created by you.
HostingAmerica.com may test and otherwise monitor your compliance with its
requirements, and may block the transmission of e-mail that violates these
provisions.
Vulnerability Testing
Customer may not attempt to probe, scan, penetrate or test the vulnerability of
a HostingAmerica.com system or network or to breach HostingAmerica.com's
security or authentication measures, whether by passive or intrusive
techniques, without HostingAmerica.com's express written consent.
Newsgroup, Chat Forums, Other Networks
Customer must comply with the rules and conventions for postings to any
bulletin board, chat group or other forum in which you participate, such as IRC
and USENET groups including their rules for content and commercial postings.
These groups usually prohibit the posting of off-topic commercial messages, or
mass postings to multiple forums. You must comply with the rules of any other
network you access or participate in using your HostingAmerica.com services.
Offensive Content
Customer may not publish or transmit via HostingAmerica.com's network and
equipment any content or links to any content that HostingAmerica.com
reasonably believes:
·
Constitutes
pornographic content of any type including content which may be legal in the
United States;
·
is excessively
violent, incites violence, threatens violence, or contains harassing content or
hate speech;
·
is unfair or deceptive
under the consumer protection laws of any jurisdiction, including chain letters
and pyramid schemes;
·
is defamatory or violates a person's privacy;
·
creates a risk to a
person's safety or health, creates a risk to public safety or health,
compromises national security, or interferes with a investigation by law enforcement;
·
improperly exposes
trade secrets or other confidential or proprietary information of another
person;
·
is intended to assist
others in defeating technical copyright protections;
·
infringes on another
person's copyright, trade or service mark, patent, or other property right;
·
promotes illegal
drugs, violates export control laws, relates to illegal gambling, or illegal
arms trafficking;
·
is otherwise illegal
or solicits conduct that is illegal under laws applicable to you or to
HostingAmerica.com; or
·
is otherwise
malicious, fraudulent, or may result in retaliation against HostingAmerica.com
by offended viewers.
Content
"published or transmitted" via HostingAmerica.com's network or
equipment includes Web content, e-mail, bulletin board postings, chat, and any
other type of posting or transmission that relies on the Internet
Copyrighted Material
Customer may not use HostingAmerica.com's network or equipment to download,
publish, distribute, or otherwise copy in any manner any text, music, software,
art, image, or other work protected by copyright law unless:
·
Customer has been
expressly authorized by the owner of the copyright for the work to copy the
work in that manner;
·
Customer is otherwise
permitted by established United States copyright law to copy the work in that
manner.
Other
·
Customer must have
valid and current information on file with your domain name registrar for any
domain hosted on the HostingAmerica.com network.
·
Customer may only use
IP addresses assigned to you by HostingAmerica.com in connection with your
HostingAmerica.com services.
·
Customer agrees that
if the HostingAmerica.com IP numbers assigned to your account are listed on
Spamhaus, Spews, NJABL or other abuse databases, you will be in violation of
this AUP, and HostingAmerica.com may take reasonable action to protect its IP
numbers, including suspension and/or termination of your service, regardless of
whether the IP numbers were listed as a result of your actions.
Consequences of
Violations of This AUP
HostingAmerica.com may
charge you its hourly rate for AUP breach recovery (currently $250.00) plus the
cost of equipment and material needed to (i) investigate or otherwise respond
to any suspected violation of this AUP, (ii) remedy any harm caused to
HostingAmerica.com or any of its customers by the violation of this AUP, (iii)
respond to complaints, including complaints under the Digital Millennium
Copyright Act, (iv) respond to subpoenas and other third party requests for
information as described in the Master Services Agreement, and (v) have
HostingAmerica.com's Internet Protocol numbers removed from any abuse database.
No credit will be available under your HostingAmerica.com Service Level
Agreement for interruptions of service resulting from AUP violations.
rev. March 2008