AShop
Web Hosting - Acceptable Use Policies
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Background
From time to time AShop Web Hosting
may impose reasonable rules and regulations regarding the use of its
services. Such rules and regulations are called Acceptable Use
Policies (AUPs) and are posted on the Internet at http://www.ashopwebhosting.com/acceptable_use.htm.
The AUPs are not exhaustive and AShop Web Hosting reserves the right
to modify the AUPs at any time, effective upon either the posting
of the modified AUPs to www.ashopwebhosting.com/terms or notification
of the modified AUPs. By registering for and using the services, and
thereby accepting the terms and conditions of our AUPs, you agree to abide by the AUPs as modified
from time to time. Any violation of the AUPs may result in the suspension
or termination of your account or such other action as AShop Web Hosting
deems appropriate. An unlisted activity may also be a violation of
the AUPs if it is illegal, irresponsible, or disruptive use of the
Internet. No credits will be issued for any interruption in service
resulting from policy violations.
VIOLATION OF ANY AUP IS STRICTLY PROHIBITED
AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE
SERVICES YOU RECEIVE FROM ASHOP WEB HOSTING. YOU SHALL REMAIN SOLELY
LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND
ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH
THE USE OF THE SERVICES. "CONTENT" INCLUDES, WITHOUT LIMITATION,
YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT
IS ASHOP WEB HOSTING'S POLICY TO TERMINATE REPEAT INFRINGERS. ASHOP
WEB HOSTING RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY
TIME.
top Customer
Security Responsibilities
The customer is solely
responsible for any breaches of security affecting domains under customer
control. If a customer's domain security is breached or involved in an attack, which threatens the integrity of the server it may be shut down and an investigation
may be launched to determine the cause/source of the attack. In such
event, the customer is responsible for restoration of the domain content.
top System
And Network Security
Violations of system or network
security are prohibited and may result in criminal and civil liability.
AShop Web Hosting may investigate incidents involving such violations
and may involve and will cooperate with law enforcement if a criminal
violation is suspected. Examples of system or network security violations
include, without limitation, the following:
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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.
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Unauthorized monitoring of data
or traffic on any network or system without express authorization
of the owner of the system or network.
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Interference with service to any
user, host or network including, without limitation, mailbombing,
flooding, deliberate attempts to overload a system and broadcast
attacks.
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Forging of any TCP-IP packet header
or any part of the header information in an e-mail or a newsgroup
posting.
Violators of the policy are responsible,
without limitations, for the cost of labor to clean up and correct
any damage done to the operation of the network and business operations
supported by the network, and to respond to complaints incurred
by AShop Web Hosting. Such labor is categorized as emergency security
breach recovery and is charged at $50 USD per hour if required.
AShop Web Hosting is
concerned with the privacy of online 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, AShop Web Hosting urges its customers
to assume that all of their online communications are insecure.
AShop Web Hosting cannot take responsibility for the security of
information transmitted over AShop Web Hosting's facilities.
top Password
Protection
The customer is responsible for
protecting customer's password and for any authorized or unauthorized
use made of customer's password. The customer will not use or permit
anyone to use AShop Web Hosting's service to guess passwords or to
access other systems or networks without authorization. AShop Web
Hosting will fully cooperate with law enforcement authorities in the
detection and prosecution of illegal activity.
top Internet
Etiquette
The customer is expected to be familiar
with and to practice good Internet etiquette (Netiquette). The customer
will comply with the rules appropriate to any network to which AShop
Web Hosting may provide access. The customer should not post, transmit,
or permit Internet access to information the customer desires to keep
confidential. The customer is not permitted to post any material that
is illegal, libelous, tortuous, indecently depicts children or is
likely to result in retaliation against AShop Web Hosting by offended
users. AShop Web Hosting reserves the right to refuse or terminate
service at any time for violation of this section. This includes
advertising services or sites via IRC or USENET in clear violation
of the policies of the IRC channel or USENET group.
top Copyright
Infringement - Software Piracy Policy
The AShop Web Hosting network may
only be used for lawful purposes. Transmission, distribution, or storage
of any information, data or material in violation of United States
or state regulation or law, or by the common law, is prohibited. This
includes, but is not limited to, material protected by copyright,
trademark, trade secret, or other intellectual property rights.
Making unauthorized copies of software
is a violation of the law, no matter how many copies you are making.
If you copy, distribute or install the software in ways that the
license does not allow, you are violating federal copyright law.
If caught with pirated software, you or your company may be liable
under both civil and criminal law, and you may be fined up to $250,000
and/or receive up to 5 years in jail.
In compliance with the Digital Millenium
Copyright Act (the "DMCA"), please send DMCA notifications
of claimed copyright infringements through our contact page.
AShop Web Hosting will cooperate fully
with any civil and/or criminal litigation arising from the violation
of this policy.
top Network
Responsibility
Customers have a responsibility
to use the AShop Web Hosting network responsibly. This includes respecting
the other customers of AShop Web Hosting. AShop Web Hosting reserves
the right to suspend and or cancel service with any Customer who uses
the AShop Web Hosting network in such a way that adversely affects
other AShop Web Hosting customers. This includes but is not limited
to:
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Attacking or attempting to gain
unauthorized access to servers and services that belong to AShop
Web Hosting or its customers (i.e. computer hacking), and/or
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Participating in behavior which
result in reprisals that adversely affect the AShop Web Hosting
network or other customers' access to the AShop Web Hosting
network.
AShop Web Hosting will react strongly
to any use or attempted use of an Internet account or computer without
the owner's authorization. Such attempts include, but are not limited
to, "Internet Scanning" (tricking other people into releasing their
passwords), password robbery, security hole scanning, port scanning,
etc. Any unauthorized use of accounts or computers by a AShop Web
Hosting customer, whether or not the attacked account or computer
belongs to AShop Web Hosting, will result in severe action taken
against the attacker. Possible actions include warnings, account
suspension or cancellation, and civil or criminal legal action,
depending on the seriousness of the attack. Any attempt to undermine
or cause harm to a server, or customer, of AShop Web Hosting is
strictly prohibited.
Violations of this policy may be reported
directly to the FBI's Infrastructure Protection & Computer Intrusion
Squad at http://www.fbi.gov/programs/ipcis/ipcis.htm.
AShop Web Hosting will cooperate fully with any civil and/or criminal
litigation arising from the violation of this policy.
top Lawful
Purpose
All services may be used for lawful
purposes only. Transmission, storage, or presentation of any information,
data or material in violation of any applicable law, regulation, or
AUP is prohibited. This includes, but is not limited to: copyrighted
material or material protected by trade secret and other statute or
dissemination of harmful or fradulent content.
Using any AShop Web Hosting service
or product for the purpose of participating in any activity dealing
with subject matters that are prohibited under applicable law is
prohibited.
Any conduct that constitutes harassment,
fraud, stalking, abuse, or a violation of federal export restriction
in connection with use of AShop Web Hosting services or products
is prohibited. Using the AShop Web Hosting network to solicit the
performance of any illegal activity is also prohibited, even if
the activity itself is not performed. In addition, knowingly receiving
or downloading a file that cannot be legally distributed, even without
the act of distribution, is prohibited.
Domains hosted within AShop Web Hosting
network are open to the public. You are solely responsible for your
usage of the AShop Web Hosting network and servers and any statement
you make on servers hosted within the AShop Web Hosting network
may be deemed "publication" of the information entered.
Acknowledging the foregoing, you specifically agree not to use our
service in any manner that is illegal or libelous.
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Pornography on the Internet
AShop Web Hosting does not provide
hosting service for sites that are engaged in the business of selling
pornography.
AShop Web Hosting will cooperate fully
with any criminal investigation into a Customer's violation of the
Child Protection Act of 1984 concerning child pornography. Customers
are ultimately responsible for the actions of their clients over
the AShop Web Hosting network, and will be liable for illegal material
posted by their clients.
According to the Child Protection Act,
child pornography includes photographs, films, video or any other
type of visual presentation that shows a person who is or is depicted
as being under the age of eighteen years and is engaged in or is
depicted as engaged in explicit sexual activity, or the dominant
characteristic of which is the depiction, for a sexual purpose,
of a sexual organ or the anal region of a person under the age of
eighteen years or any written material or visual representation
that advocates or counsels sexual activity with a person under the
age of eighteen years.
Violations of the Child Protection
Act may be reported to the U.S. Customs Agency at 1-800-BEALERT
top Unsolicited
Commercial Email/Unsolicited Bulk Email (UCE/UBE)
Unsolicited commercial email (UCE),
commonly called SPAM, is defined by AShop Web Hosting as any electronic
communication (e-mail, ICQ, IRC, Instant Messenger, etc…) sent
for purposes of distributing commercial information of any kind, soliciting
the purchase or sale of products or services or soliciting any transfer
of funds to a recipient who has not agreed to receive such communication.
Unsolicited bulk e-mail (UBE) is defined
by AShop Web Hosting as any electronic communication (e-mail, ICQ,
IRC, Instant Messenger, etc…) to multiple recipients who have
not agreed to receive such communication.
Use of the AShop Web Hosting network,
servers or services to transmit any unsolicited commercial or unsolicited
bulk-e-mail is expressly prohibited, as is hosting web sites or
services on a server which are advertised in any UCE/UBE. AShop
Web Hosting also prohibits the sending of any fraudulent, malicious,
harassing, false or misleading electronic communications, including,
without limitation, chain letters, pyramid schemes, or e-mails with
forged headers. Posting off-topic advertisements to Usenet discussion
groups, ICQ, Instant Messenger, etc., is also expressly prohibited.
Additionally, AShop Web Hosting customers are expressly prohibited
from sending any UCE/UBE from our network or any email from another
network that in any way references a document, image, or Web site
that resides on the AShop Web Hosting network or in one of our data
centers. Violations of this type may result in the termination of
the offending AShop Web Hosting account. Our customers are ultimately
responsible for any violations of the AUP by their clients, and
any violation of the AUP by a client of a AShop Web Hosting customer
shall be deemed a violation of the AUP by such AShop Web Hosting
customer.
Customers whose actions directly or
indirectly result in AShop Web Hosting IP space being listed in
any of the various abuse databases may be subject to having the
offending domain(s), server(s), or user(s) immediately removed from
our network. In addition, if AShop Web Hosting in its sole discretion
determines that a customer is in violation of our AUP, AShop Web
Hosting may, at its sole discretion, restrict, suspend or terminate
a customer's account. AShop Web Hosting will, in most cases, attempt
to contact a customer prior to suspension or termination of a server(s),
but can not guarantee prior notification. Any domain suspended or
terminated for AUP violations will be reconnected only after the
customer agrees to cease all activities that violate the AShop Web
Hosting AUP and pays all applicable reconnect fees and related charges.
Any server suspended a second time for AUP violations WILL be immediately
and permanently removed from our network.
Customers that AShop Web Hosting determines
in its sole discretion to be in violation of the AShop Web Hosting
AUP may be subject to additional fees or fines including, without
limitation, any applicable reconnect fees.
Violation of AShop Web Hosting's UCE/UBE
policy may be reported to abuse@ashopwebhosting.com.
Customers seeking to send any permission-based
email marketing should read Guidelines for Permission-Based
Email to see our guidelines for sending this type of communication.
top Guidelines
for Permission-Based Email
While AShop Web Hosting prohibits
the use of its systems or network to send unsolicited email (UCE/UBE)
as described above, customers may send permission-based email marketing,
subject to the guidelines provided herein. Permission-based marketing
is defined as electronic marketing that an end user agrees to receive.
This is often referred to as 'opt-in' electronic marketing. All recipient
information for such marketing conducted by AShop Web Hosting customers
must be documented and cataloged by the customer. This information
is to include date, time, originating IP and the location from which
the email address or other recipient information was obtained. Additionally,
a customer must at a minimum comply with the following guidelines,
and any additional guidelines established by AShop Web Hosting from
time to time in its sole discretion, to engage in permission-based
email marketing without violating the AUP:
1. All commercial or bulk email originating
from a AShop Web Hosting customer on the AShop Web Hosting network
must have a working unsubscribe link. The customer must honor all
requests to unsubscribe within 72 hours. Additionally, there must
be text in the email stating that while all requests to unsubscribe
are honored, it may take up to 72 hours to process.
2. All commercial or bulk email originating
from a AShop Web Hosting customer on the AShop Web Hosting network
must clearly list the email address to which the email was originally
sent (the intended recipient's email address) in the body of the
message OR in the 'TO:' line of the email.
3. All AShop Web Hosting customers
sending commercial or bulk email must have a working abuse@domain.com
address from EVERY domain associated with the email campaign. Additionally,
the abuse@ address must be prominently posted on the front page
of the associated web site. Customers must regularly answer any
messages sent to the abuse@ address.
4. All AShop Web Hosting customers
sending commercial or bulk email must register the abuse@ address
for every domain associated with commercial email they send at abuse.net.
5. All AShop Web Hosting customers
sending commercial or bulk email must have a Privacy Policy/AUP
posted for each domain associated with the email campaign.
6. All commercial or bulk email sent
must include information about where the email address was obtained
in the body of the email. For example:
"You opted-in to receive this email promotion from our web
site or from one of our partner sites."
7. All AShop Web Hosting customers
sending commercial or bulk email must answer all complainants' requests
for details regarding where the complainant "opted-in"
to receive electronic marketing within 72 hours. This information
must include the date, time, originating IP and the location from
which the email address or other recipient information was obtained.
Instructions on how to get this information must be stated clearly
in the body of the email. For example, a statement similar to the
following must be present in the body of the email:
"If you would like to learn more about how we received your
email address, please contact us at abuse@domain.com."
Requests for "opt-in" information
must be responded to within 72 hours.
8. All AShop Web Hosting customers
sending commercial or bulk email must be able to track and identify
anonymous complainants. There are several software packages (such
as RoboMail) that can help accomplish this.
9. If a AShop Web Hosting customer
is using an affiliate program to send commercial or bulk email through
the AShop Web Hosting network and the affiliate program becomes
subject to repeated abuse by users, the customer must discontinue
use of the affiliate program or be subject to immediate suspension
or cancellation.
10. All customers of AShop Web Hosting
are required to have up-to-date and valid contact information on
file with their registrar for any domain hosted on the AShop Web
Hosting network.
Disclaimer
· AShop Web Hosting reserves
the right to test portions of any customer's email list in response
to complaints and request opt-in information from a random sample
of that list at any time.
· AShop Web Hosting reserves the right to determine in its
sole discretion the validity of any customer's email list. Any list
AShop Web Hosting determines in its sole discretion to be in violation
of this AUP must be removed immediately or the customer will be
subject to immediate suspension or termination. Repeated violations
will result in permanent suspension.
· AShop Web Hosting reserves the right to test and otherwise
monitor customer's compliance with the above guidelines and requirements
at any time during the customer's term of service at AShop Web Hosting.
· If AShop Web Hosting determines in its sole discretion
that the customer is not in strict compliance with the guidelines
for permission-based e-mail marketing, then AShop Web Hosting may
immediately suspend or terminate the customer's service.
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IP Address Overlap
AShop Web Hosting administers the
server on which customer domains reside. Customers cannot use
IP addresses which were not assigned to them by AShop Web Hosting
staff.
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IRC (Internet Relay Chat)
AShop Web Hosting allows the use
of IRC inside the AShop Web Hosting network as long as the use of
IRC on a AShop Web Hosting server does not violate any of the other
terms of this AUP. As a policy, AShop Web Hosting will not provide
vanity IRC reverse DNS records. To enforce this policy AShop Web Hosting
does not turn the reverse address of IPs over to the customer.
Authority over this information remains with AShop Web Hosting.
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Billing
The customer understands that the
customer is responsible for paying for any network resources that
are used to connect the customer's server to the Internet. The customer
may request that the customer's server be disconnected from the Internet,
but the customer will still be responsible for paying for any network
resources used up to the point of suspension or cancellation.
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Suspension
If AShop Web Hosting in its sole
discretion determines that a customer's domain has become the source
or target of any violation concerning the AShop Web Hosting Acceptable
Use Policy (AUP), AShop Web Hosting reserves the right to suspend
network access to that domain. While AShop Web Hosting will attempt
to contact the customer before suspending network access to the customer's
domain(s), prior notification to the customer is not assured. In certain
cases, AShop Web Hosting will contact law enforcement and other agencies
regarding these activities. Customers are responsible for all charges,
as well as any fees relating to the investigation, suspension, administration
and handling of their servers before, during and after the suspension
period.
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Cancellation
AShop Web Hosting reserves the right
to cancel service at any time. If inappropriate activity is detected,
all accounts of the customer in question will be deactivated until
an investigation is complete. Prior notification to the Customer is
not assured. In extreme cases, law enforcement will be contacted regarding
the activity. All fees paid in advance of cancellation will
be prorated and paid by AShop Web Hosting if AShop Web Hosting institutes
its right of cancellation. Any violation of policies which results
in extra costs will be billed to the customer (i.e. transfer, space
etc.).
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Indemnification
AShop Web Hosting wishes to emphasize
that in accepting the Hosting Services Agreement or its equivalent,
customer indemnifies AShop Web Hosting for any violation of the Hosting
Services Agreement or its equivalent, law or AUP that results in loss
to AShop Web Hosting or the bringing of any claim against AShop Web
Hosting by any third-party. This means that if AShop Web Hosting is
sued because of a customer's or a customer of a customer's activity,
the customer will pay any damages awarded against AShop Web Hosting,
plus costs and reasonable attorney's fees.
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Disclaimer of Responsibility
AShop Web Hosting is under no duty
to look at each customer's or user's activities to determine if a
violation of the AUPs has occurred, nor do we assume any responsibility
through our AUPs to monitor or police Internet-related activities.
AShop Web Hosting disclaims any responsibility for any such inappropriate
use and any liability to any person or party for any other person's
or party's violation of this policy.
All domains and servers that are managed by AShop Web Hosting must adhere to the above policies.
Failure to follow any term or condition will be grounds for immediate
cancellation.
INDIRECT OR ATTEMPTED VIOLATIONS OF
THE AUPs AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON
YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THESE AUPs BY YOU.
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