Acceptable Use Policy
Our Acceptable
Use Policy ("AUP") is provided to give our customers
and users a clear understanding of what we expect of them
while using the service. All users of our services: those
who access some of our Services but do not have accounts,
as well as those who pay a service fee to subscribe to the
Services, must comply with this AUP and our TOS (Terms of
Service).
Use of our
Service constitutes acceptance and agreement to The AUP as
well as The TOS (Terms of Service)
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.
We 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 account
or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.
This document
is intended to provide a basic understand of our Acceptable
Use Policy. The following are guidelines for the establishment
and enforcement of the 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
We intend
to provide our customers access to everything the Internet
has to offer. While we are firmly committed to the principles
of free speech, certain activities that may be damaging to
the resources of both us and the Internet and cannot be permitted
under the guise of free speech. The resources of us 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 dedicated rack, virtual site, or hosting account
to publish material, which we determine, at our 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,
video recordings, and audio recordings.
If an account
is used to violate the Acceptable Use Policy 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. 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. If you have any questions regarding this policy,
please contact us.
VIOLATIONS
OF The ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
1. Illegal
use: Our services may not be used for illegal purposes, or
in support of illegal activities. We reserve the right to
cooperate with legal authorities and/or injured third parties
in the investigation of any suspected crime or civil wrongdoing.
2. Harm
to minors: Use of our service to harm, or attempt to harm,
minors in any way, including, but not limited to child pornography.
3. Threats:
Use of our service to transmit any material (by e-mail, uploading,
posting or otherwise) that threatens or encourages bodily
harm or destruction of property.
4. Harassment:
Use of our service to transmit any material (by e-mail, uploading,
posting or otherwise) that harasses another.
5. Fraudulent
activity: Use of our 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."
6. 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 infrmation is prohibited.
The use of anonymous remailers or nicknames does not constitute
impersonation.
7. Unsolicited
commercial e-mail / Unsolicited bulk e-mail / Non double opt-in
e-mail / email from purchased lists - from now on called SPAM:
Use of our service to transmit SPAM email of ANY kind is expressly
prohibited. Violations of this type will result in the immediate
termination of the offending account.
IMPORTANT
NOTICE:
ACTIVE IMMEDIATELY, anyone hosting websites or services on
their server/account that support spammers or cause any of
our IP space to be listed in any of the various Spam Databases
will have their server/account immediately removed from our
network. The server/account will not be reconnected until
such time that you agree to remove ANY and ALL traces of the
offending material immediately upon reconnection and agree
to allow us access to the server/account to confirm that all
material has been COMPLETELY removed. Severe violations may
result in immediate and permanent removal of the server/account
from our network without notice to the customer. Any server/account
guilty of a second violation WILL be immediately and permanently
removed from our network without notice and the account owner
hereby agree to pay an administrative fee of $200.
8. 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 account.
9. E-mail
/ Message Forging: Forging any message header, in part or
whole, of any electronic transmission, originating or passing
through our service is in violation of this AUP.
10. Usenet
SPAMing: We have 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.
11. Unauthorized
access: Use of our service to access, or to attempt to access,
the accounts of others, or to penetrate, or attempt to penetrate,
security measures of ours 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
account is subject to immediate termination.
12. Copyright
or trademark infringement: Use of the 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.
13. Collection
of personal data: Use of the service to collect, or attempt
to collect, personal information about third parties without
their knowledge or consent.
14. Network
disruptions and unfriendly activity: Use of the service for
any activity which affects the ability of other people or
systems to use our 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 account owner's responsibility to ensure that their
server/account is configured in a secure manner, in order
to prevent hackers to enter the account. An account owner
may not, through action or inaction, allow others to use their
network for illegal or inappropriate actions. An account owner
may not permit their server/account, through action or inaction,
to be configured in such a way that gives a third party the
capability to use their server/account 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. We will not tolerate any account owner 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.
15. Fraud:
Involves a knowing misrepresentation or misleading statement,
writing or activity made with the intent that the person receiving
it will act upon it.
16. 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.
17. Distribution
of Malware and/or Viruses and/or Trojans: Intentional distributions
of scripts/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.
18. Inappropriate
Use of Software: Use of software or any device that would
facilitate a continued connection, such as pinging, while
using our services could result in suspension of service.
19. Third
Party Accountability: Our account owners will be held responsible
and accountable for any activity by third parties, using their
account, that violates guidelines created within the Acceptable
Use Policy.
20. Violation
Of our accounts: It is absolutely forbidden to host pornographic
content, warez content, hacking content, and phising content
on our accounts. Any account found hosting this material will
be subject to immediate cancellation without refund.
21. IRC
networks: It is absolutely forbidden to host any IRC server,
either stand alone, or that is part of or connected to another
IRC network or server. Accounts found to be connecting to
or part of these networks will be immediately removed from
our network without notice. The account will not be reconnected
to the network until such time that you agree to completely
remove any and all traces of the irc server, and agree to
let us have access to your server/account to confirm that
the content has been completely removed. Any server/account
guilty of a second violation will result in immediate account
termination.
22. Unmetered
Accounts: Unmetered Accounts are indeed unmetered. These accounts
are not to be used to host a collection of MP3's, Warez, image
hosting or gaming sites, giving away free hosting is cause
for immediate termination, or to Backup Your Home Computer.
These accounts may also not be used as a download distribution
point for your bundled audio, video or software (i.e the account
can't be used to store only files - there has to be a front
end of some kind, such as an online store, or membership site.
It is to be used for standard web practices and only standard
web practices. If you have a questionable concern please contact
us first (http://www.ask-anders.com).
If you know your site is going to use an un-normal usage,
and sign up knowing this, we will require you to get a dedicated
server. If you have any questions in regards to this please
contact us. Un-Normal usage is anything that a shared server
would not be able to provide. Again, please contact us for
approval if you feel you will fall into this clause.
23. Resellers:
Resellers are responsible for enforcing the AUP and TOS to
all of their clients. If their clients are found to be not
following them, We will suspend the offending site and let
the reseller know. Resellers are responsible for anything
their clients do. If you have any questions or concerns in
regards to what is allowed and not allowed please contact
us.
24. Streaming
Video and Audio: Streaming Video and Audio is not permitted
on our unmetered accounts, with the exception of small (<
20 Megs) promotional video on sales pages. You must zip the
content to prevent this if you wish to have it hosted, and
as everything else this content must be legal content and
can not have someone else's copyright.
25. Egg
Drop - Egg Drop Scripts are Not allowed, These are grounds
for immediate account deletion without a refund.
26. Legal
- If it is not legal in the United States of America, It is
not permitted to reside on our server. If found, the account
will be suspended.
27. Adult
Material - Adult Material is not allowed, unless specified
in your package deal. Sites that contain adult material that
is not on an adult approved server/package, the site will
be suspended.
28. Chinese
Forums - Chinese Forums are not allowed on our network. These
sites require to much CPU usage. They almost require a dedicated
server to run properly. If they are found on any server we
will suspend them, and charge an admin fee if they are the
cause of a CPU overloaded. Admin charges are usually about
$25 Per Hour.
29. ANIME
- Anime Sites are not allowed on our network. If an Anime
Site is found we will terminate the account. These sites are
not allowed on the server because about 95% of them are illegal.
30. Lifetime
hosting means lifetime of the hosting company/provider from
which we purchased the hosting services/resources. In the
event that this company, or the hosting plan we purchased,
should cease to exist, although not guaranteed, we will do
all in our power to restore your lifetime account with another
provider.
31. Your
hosting account will be terminated if the main domain is found
to be hosted elsewhere (i.e pointing to another IP than our
server's), or the domain is found to be expired.
Security
You
are responsible for any misuse of your account, even if the
inappropriate activity was committed by a 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, and very hard to guess.
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. We 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.
You
are responsible for keeping an off-site backup of your account's
content (files, databases, email accounts, domain redirects,
etc) in order to keep your downtime at a minimum in the event
of a system wide failure.
Network
Performance
Our accounts
operate on shared resources. Excessive use or abuse of these
shared network resources by an account may have a negative
impact on all other accounts hosted on the same server. Misuse
of network resources in a manner which impairs server hardware/network
performance is prohibited by this policy and may result in
suspension and/or termination of your account without notice.
If your account is suspended and we decide to re-activate,
you agree to be charged a $25 fee before we do so.
You are
prohibited from excessive consumption of resources, including
CPU time, memory, disk space and session time. You may not
use resource-intensive programs (including, but not limited
to games, paid to surf scripts, auto-surf scripts, chat scripts,
file and images download/hosting scripts, bulk email list
senders, and proxys), which negatively impact other customers'
accounts or the performances of our systems or networks.
You may
not use the email accounts to store emails from safelists,
or other email sending services, without emptying the email
accounts in a timely manner (at least weekly). We reserve
the right to terminate or limit such activities.
REPORTING
VIOLATIONS OF The AUP
We request
that anyone who believes that there is a violation of this
AUP direct the information to us by email immediately.
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. We may take any one or
more of the following actions in response to complaints:
Issue
written or verbal warnings
Suspend
the Member's newsgroup posting privileges
Suspend
the Member's account
Terminate
the Member's account
Bill
the Member for administrative costs and/or reactivation charges
Bring
legal action to enjoin violations and/or to collect damages,
if any, cause by violations
REVISIONS
TO THIS ACCEPTABLE USE POLICY
We reserve
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. Notice of any revision, amendment, or modification
will be posted on Ask-Anders.com.
IMPORTANT
NOTICE: *All Payments Are Non-Refundable After The 7 Day Money
Back Guarantee Period Have Elapsed*
Please
Note that the Domain Name is NOT included in the hosting
purchase - can be purchased here: http://www.cheapdomainsonline.biz
This
version was posted on July 1st 2010
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