1. Introduction This Acceptable Use Policy (“AUP”) is accepted as part of the Service Agreement (“Agreement”) entered into by and between Hostimizer.com (the “Service Provider”) and any entity that pays or agrees to pay for services (the “Subscriber”).
2. Violations of AUP The Service Provider, at its sole discretion, shall determine whether an act constitutes a violation of the AUP. The list provided as part of the AUP is meant to serve as a guideline and not a complete enumeration of prohibited activities. The Subscriber will notify the Service Provider to request permission prior to engaging in any activity which may impact the quality of service for other Subscribers. The following acts will be considered violations of the AUP:
2.1 Illegal Use includes, but are not limited to: • Using the service in any way which violates Federal, State, Local, or International law. • Transmitting copyrighted material without authorization from the copyright holder • Violating export control regulations • Copyrighted media, without authority to distribute or display • File Storage/Image Hosting/File Repository/Streaming/Backup • Child pornography or kidnapping material 2.2 Malicious Activity includes, but are not limited to: • Willfully interfering with the regular operation of the Service • Attempting to access any unauthorized system or services • Hosting any deceptive material for the purposes of phishing • Running any password cracking software • Virus/Virii, Spyware, Malware, or other infectious material • Running root exploit kits against other servers • Distributing viruses, worms, or trojan horses • Forging or misrepresenting message headers in whole or in part • Scanning networks • Threatening or encouraging bodily harm or destruction of property • Violating of the rights of privacy or publicity of an individual 2.3 Promotion of Illicit Activity includes, but are not limited to: • Any activities prohibited by Federal, State, Local, or International law • Any activities which result in the spread of computer viruses or other damaging programs or data files • Any activity or Material protected by trade secret or other statute • Fraudulent activity, phishing, pyramid schemes, chain letters, forgery, or impersonation • Terrorist propaganda, racist material, or bomb/weapon instructions • Hacking, Cracking programs or key generators • Gambling • Circumvention of copyright or patent protection • Exposure of any trade secret 2.4 Unsolicited Bulk Electronic Mailing includes, but are not limited to: • Transmitting any unsolicited commercial e-mail • Transmitting any unsolicited bulk e-mail The Subscriber agrees to send bulk electronic mail only to those who have specifically requested to receive such mail and comply with all Federal, State, Local, and International laws governing the transmission of electronic mail. 2.5 Spamvertising and Related Activities includes, but are not limited to: • Posting commercial, political, or advertising posts to public forums • Issuing unsolicited trackbacks for the purpose of promotion • Providing DNS resolution in support of Unsolicited Bulk Electronic Mailing • Hosting a destination site linked from Unsolicited Bulk Electronic Mailing 2.6 Abuse includes, but are not limited to: • Consistent overuse of shared resources to the detriment of other Subscribers • Operating an open proxy server or using the Service as part of a proxy network • IRC and associated programs • Scripts commonly used for abuse, attacks, or flooding • Threatening, harassing, or obscene content • Any proxies which do not require authentication (including open mail proxies, unprotected anonymous web surfing proxies, etc…) 2.7 Insufficiently-Secure Administration includes, but are not limited to: • Use of a null password, dictionary word as password, or any other form of authentication lacking reasonable secrecy from a third party as part of a root or user-level authentication scheme • Allowing an unauthorized third party to establish root access to Service provided by the Service Provider • Allowing an unauthorized third party to establish user-level access to Service provided by the Service Provider • Operating an open mail relay 2.8 Miscellaneous • Operating an Internet Relay Chat (IRC) server • Denial of Service Attacks (DOS/DDOS) • Unnecessary Port Scans • Mail Bombing • Excessive CPU Load (RapidLeech/SeedBox Hosting)
3. Enforcement of AUP The Service Provider reserves the right to monitor the use of the Service. Should the Service Provider determine, at its sole discretion, the Subscriber has committed any act which violates this AUP, the Service Provider reserves the right to immediately suspend or terminate Service with or without notice to the Subscriber. The Service Provider will send notification by e-mail to the contact e-mail address on file for the Subscriber in the event that an AUP violation which does not merit termination of Service is identified. Should the Subscriber fail to respond and take action to correct an AUP violation identified in a notification from the Service Provider, the Service provider shall suspend the Service until acknowledgment is received and apply a Service Suspension Fee in accordance with the AUP Fee Schedule. The Subscriber agrees to pay all associated fees related to the suspension, termination, and reactivation of the Service. 3.1 Service Suspension In the event that the Service is suspended, regular Service fees shall continue to accrue over the duration of time for which the Service is suspended. 3.2 Service Termination In the event that the Service is terminated as a result of unacceptable use, a termination fee will be applied in accordance with the AUP’s Fee Schedule. 3.3 Service Reinstatement In the event that an account has been suspended three times for any AUP violation or terminated for any AUP violation, a Service Reinstatement Fee shall be applied in accordance with the AUP Fee Schedule and paid by the Subscriber before the Subscriber may acquire Service from the Service Provider. 4. Reporting Violations of AUP If you believe you or your system was the subject of an attack originating from our network, contact us immediately. Our security response team will investigate all complaints received.
5. Revisions to AUP The Service Provider reserves the right to change the AUP at any time, without prior notice.
Hostimizer.com, provides services to clients all around the world. Hostimizer.com has the responsibility to protect each client and provide them with the best services available. The following guidelines were designed in an attempt to ensure that we can do such. Hostimizer.com will be the sole arbiter as to what constitutes a violation of these provisions. The AUP/TOS may be changed from time to time at the discretion of Hostimizer.com
Any attempts to undermine or cause harm to the Hostimizer.com equipment, network, operations, or clients is STRICTLY prohibited. Hostimizer.com will pursue legal action to the fullest extent for all abuse/violation of such. Any activity deemed damaging or abusive, whether unlawful or considered to be detrimental to the operations of Hostimizer.com is strictly prohibited.
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