WEBHOSTINGER - Web Hosting and Domain Registration Solutions for All
 

Acceptable Usage Policy

WEBHOSTINGER is dedicated to providing the best service possible to its customers. We strive to"

Provide reliable service to our customers
Provide security and privacy for 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

However, we must also satisfy both our legal and ethical responsibilities.

This policy is provides so that our customers understand what is expected from them when they use WEBHOSTINGER's internet services. These acceptable usage policies and our terms of service apply to EVERYONE who uses our service including both paid and unpaid users and visitors or guests.

Use of our services constitutes acceptance and agreement to WEBHOSTINGER's Acceptable Usage Policies and Terms of Service.

Failure to comply with any of the provisions of this document will be grounds for immediate account deactivation without notice. WEBHOSTINGER will be the sole arbitrator in determining what constitutes a violation of these policies. All users of our services understand that prior to using or subscribing to any of our services, they must agree to abide by these policies.

WEBHOSTINGER does not monitor the content or activities of subscribers nor do we exercise any editorial control over the content of any web sites, email transmission or other material created or accessible through our services.

We may at our discretion remove any material that we deem may be illegal or is in violation of this policy.

WEBHOSTINGER will cooperate as required by law with legal authorities and/or third parties in the investigation of any alleged crime or civil wrongdoing.

PROHIBITED ACTIVITIES
The following Practices are Prohibited and participating in any of the following activities will result in the immediate termination of your account and deletion of your data without refund.

EMAIL SPAMMING—Email spaming is 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 WEBHOSTINGER, but also because it can overload WEBHOSTINGER's network and disrupt service to WEBHOSTINGER's subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, WEBHOSTINGER has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list. (See SPAM Policy for detailed description.)

FORUM / SUPPORT CENTER SPAMMING -- posting messages, commercial advertisements or other material that violates these policies or the rules, regulations FAQ or charter of any newsgroups is prohibited. (See SPAM Policy for detailed description.)

USENET GROUPS -- WEBHOSTINGER reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

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 is prohibited. Also, engaging in activity that violates privacy, publicity, or other personal rights of others is prohibited. WEBHOSTINGER is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also WEBHOSTINGER's policy to terminate the privileges of customers who commit repeat violations of copyright laws.

OBSCENE SPEECH OR MATERIALS -- Using WEBHOSTINGER's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited.. WEBHOSTINGER is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through WEBHOSTINGER's network and will cooperate fully with the proper authorities during the investigation of such matters.

DEFLAMATORY OR ABUSIVE LANGUAGE -- Using WEBHOSTINGER's network as a means to transmit or post defamatory, harassing, abusive, or threatening language or that encourages bodily harm or destruction of property is prohibited.

FORGERY OR IMPERSONIZATION -- Forging or misrepresenting email or other message headers, whether in whole or in part, to mask the originator of the message or attempt to impersonate another person is prohibited.

ILLEGAL OR UNAUTHORIZED ACCESS -- 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) is prohibited.

DISTRIBUTIO 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, mail bombing, 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 such as denial of service attacks is prohibited.

FACILITATING A VIOLATION OF THE ACCEPTABLE USAGE POLICY OR TERMS OF SERVICE AGREEMENT -- 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, mail bombing, denial of service attacks, and piracy of software is prohibited.

EXPORT CONTROL VIOLATIONS -- Exporting encryption software over the Internet or otherwise, to points outside the United States is prohibited.

OTHER ILLEGAL ACTIVITIES -- Engaging in activities that are determined to be illegal under the city of Scranton, the Commonwealth of Pennsylvania or United States Federal Law is prohibited, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirated software or MP3s and illegal chain letters.

OTHER ACTIVITIES -- Engaging in activities, whether lawful or unlawful, that WEBHOSTINGER determines to be harmful to its users, operations, reputation, goodwill, or customer relations is prohibited. In such cases WEBHOSTINGER reserves the right to determine the appropriate course of action needed to remedy the situation which may or may not include immediate termination of the user's account and deletion of their data.

ADULT MATERIAL -- Hosting pornographic or adult content, linking to sites hosting pornographic or adult content is prohibited.

IRC AND GAMING -- Hosting IRC clients, IRC bots, IRC servers, IRC Networks gaming and RPG (Role Playing Games including mods and clan sites or connecting to these sites is prohibited.

SECURITY

RESPONSIBLE PARTY -- The responsibility for avoiding the harmful activities just described rests primarily with the subscriber. WEBHOSTINGER will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with WEBHOSTINGER policy or applicable law. When WEBHOSTINGER 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.

THIRD PARTIES -- Allowing a third party such as a contractor or employee access to your account makes you liable for their activities. You must get them to agree to the policies herein stated before allowing them access to your account. WEBHOSTINGER accepts no responsibility for the actions of third parties using a user's account.

UNAUTHORIZED ACCOUNT USE
You must take adequate security precautions to assure that your password is protected to prevent unauthorized use of your account.

Attempting to obtain another user’s password or any other form of "cracking" like bruteforce etc, is strictly prohibited and may result in termination of your service without refund.

SERVER RESOURCES
Any website that consumes excessive resources such as disk space, CPU time, memory, bandwidth, session time or any other resource that negatively impacts other customers or the performance of WEBHOSTINGER systems or network will be given the option of either paying more for the extra resources or reducing the resource to an acceptable level. WEBHOSTINGER shall be the sole arbitrator of what is considered to be excessive usage. Failure to comply with such requests may result in account termination without refund. (See Bandwidth Usage Policy for detailed bandwidth usage information.)

SUBNETWORKS
Any sub networks of WEBHOSTINGER and all dedicated / colocated servers must adhere to these policies. Failure to comply may result in account deactivation or termination without prior notice.

CGI/PHP/PERL SCRIPTS Script sharing with domains not hosted by WEBHOSTINGER is prohibited. Any scripts deemed detrimental to the performance of the server will be shut down without prior notice. (See Script Usage Policy for complete details.)

BACKGROUND PROGRAMS AND CRON JOBS
WEBHOSTINGER does not allow background daemons such as IRC bot, eggdrop, BitchX, XIRCON, BitTorrent seeders, trackers and .torrent files or any other program that interferes with normal server operation.

BACKUPS
WEBHOSTINGER performs weekly backups on all servers to ensure that critical files are never lost. However, WEBHOSTINGER is not responsible for lost data, time, income or any other resource due to faulty backups or non-existent backups. It is the web site owner's responsibility to backup the files on their website to ensure that data is not lost due to server problems.

FILE SIZES

MULTIMEDIA -- Multimedia files shall not exceed 80% of the total disk space allotted to the domain or the total number of files being stored on the web server.

DATABASES -- Databases should not exceed 30% of the total disk space allotted to the domain.

File sizes larger than those listed above may be considered excessive server resource usage and may result in a user being given the option of either paying more for the extra resources or reducing the resource to an acceptable level.

DOMAIN NAMES
WEBHOSTINGER will make every effort to register, transfer and/or renew your requested domain name. However, if the domain name is not available or we are unable to do it because of circumstances beyond our control does not constitute grounds for compensation of financial loss.

Domain names will not be registered, transferred and/or renewed until payment is received. If requested domain name is paid for and subsequently not registered, transferred and/or renewed by us, the domain registration fee will be refunded.

WEBHOSTINGER is not responsible for customer domain name expirations due to unpaid overdue invoices.

SERVER OUTAGES & FORCE MAJEURE
WEBHOSTINGER will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services. WEBHOSTINGER does not issue credits for temporary server outages or unavailability.

SERVER MAINTAINANCE
In the event a planned outage would be necessary, they will be performed between 10pm and 6am CST (GMT-6). This does not mean there will be an outage at the specified time, and does not include unplanned outages if any should occur for reasons beyond WEBHOSTINGER's control.

MINOR CHILDREN
ALL users by virtue of subscribing attest that they are of legal age or is a corporation other legal entity permitted to enter into this Acceptable Usage and Terms of Service agreement.

ASSIGNMENT
Customer will not have the right to assign this Agreement without the prior written consent of WEBHOSTINGER.

MODIFICATIONS
WEBHOSTINGER reserves the right to modify, revise or amend this agreement at any time without prior notification. It is also agreed that posting this agreement on the WEBHOSTINGER website constitutes notice of the changes.

OVERLOADED SITES
WEBHOSTINGER reserves the right to remove the overloaded site after giving the customer 24 hours for moving to another host.

REFUSAL OF SERVICE
WEBHOSTINGER reserves the right to refuse, suspend or cancel service at our sole discretion.

PAYMENTS

FULL PAYMENT -- is required in advance before hosting service is established. By requesting service you grant WEBHOSTINGER the right to debit your credit card and to continue billing you at the intervals designated in your service package until you cancel the service in writing 15 days prior to the next billing date. All payment notices will be made by electronic mail.

CANCELLATION WITHIN THE FIRST 30 DAYS -- If you cancel your service within the first 30 days a full refund will be given. The refund will be issued to the credit card or payment processor. (See Payment Policy for complete details.)

DOMAIN NAME REGISTRATION -- The fee for domain name registration is non refundable.

ACCOUNT TERMINATION -- If your account is terminated by WEBHOSTINGER due to a breach of this policy, no refunds will be given.

UNPAID INVOICES AND ACCOUNT TERMINATION -- If an hosting invoice is not paid after the first 30 days of the due date the customer's hosting account will get terminated with its files and account properties in the 31st day.

INDEMNIFICATION
Subscribers and other users of the services provided by WEBHOSTINGER agree to indemnify and hold harmless from any claims resulting from the use of our services that damages them or any other party.

The WEBHOSTINGER service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. WEBHOSTINGER expressly disclaims any representation or warranty that the WEBHOSTINGER service will be error-free, secure or uninterrupted. No oral advice or written information given by WEBHOSTINGER, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. WEBHOSTINGER and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service

GOVERNING LAW
Subscriber understands that for all disputes, with regard to any of WEBHOSTINGER services or any term listed in this policy, the only jurisdiction that shall be used in determining liability is the court situated in Scranton, Pennsylvania, USA.

REPORTING VIOLATIONS OF THESE POLICIES

Repot all violations of these policies to:

other@webhostinger.com with subject written: “Policy Violation”

COPYRIGHT NOTICE OF INFRINGEMENT -- In accordance with the Digital Millennium Copyright Act, WEBHOSTINGER has adopted a policy that provides for termination of websites hosted by WEBHOSTINGER that are found to infringe on copyrights of third parties.

If a copyright holder believes that there has been a violation of his or her copyright on a website that is hosted by WEBHOSTINGER or its subsidiaries, and the copyright holder wants WEBHOSTINGER to remove the website or disable the material in question, WEBHOSTINGER will remove the website or disable the material if the copyright holder provides us with all of the following information:

A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Identification of the copyrighted work that is claimed is being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works.

Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.

Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an electronic mail address at which such person may be contacted.

Provide a statement to the effect that the person giving the notification has a good faith belief that use of the material in the manner complained of was not authorized by the copyright owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

ALL OTHER VIOLATIONS -- If available, please provide the following information:

• IP address used to commit the violation
• Date and time of violation, including GMT offset
• Evidence of alleged violation

Emails with full headers and system logs provide all of this information.

WEBHOSTINGER RESPONSE TO VIOLATIONS
WEBHOSTINGER will initiate an investigation and based on the findings of that investigation may take one or any combination of the following actions:

• Issue a written or verbal warning
• Suspend the account owner's privileges
• Suspend or terminate the account owner 's account
• Bill the account owner for administrative costs and/or reactivation charges
• Bring legal action to enjoin violations and/or to collect damages, if any, caused by the violations
• Contact legal authorities as required by law for many of the illegal actions that violate these policies


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