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InfactaHost
Acceptable Use
Policy
("AUP")
is provided to
give our customers
and users a clear
understanding of
what InfactaHost
expects of them
while using the
service. All users
of InfactaHost
Internet 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).
IMPORTANT
NOTICE: *All
hosted accounts are responsible for backingup their own sites and website data and cannot rely entirely on us to back up existing accounts and website data as we do not provide these services. Infactahost.com cannot be held responsible if website and data cannot be retrieved or backed up. IT IS YOUR RESPONSIBILITY and good practice to routinely backup your files.*
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.
InfactaHost 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
InfactaHost account
or other actions
as detailed in
Section 3 WITHOUT
PRIOR NOTICE.
This document is
intended to
provide a basic
understand of InfactaHost
Acceptable Use
Policy. The
following are
guidelines for the
establishment and
enforcement of InfactaHost
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
InfactaHost intends
to provide its
customers access
to everything the
Internet has to
offer. While InfactaHost is
firmly committed
to the principles
of free speech,
certain activities
that may be
damaging to the
resources of both InfactaHost
and
the Internet and
cannot be
permitted under
the guise of free
speech. The
resources of InfactaHost
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 or virtual
site to publish
material, which InfactaHost.Com
determines, at its
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 a InfactaHost
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 at abuse@infactahost.Com.
VIOLATIONS OF
INFACTAHOST
ACCEPTABLE USE
POLICY
The following
constitute
violations of this
AUP:
- Illegal
use:
InfactaHost services may
not be used
for illegal
purposes, or
in support of
illegal
activities.
InfactaHost
reserves the
right to
cooperate with
legal
authorities
and/or injured
third parties
in the
investigation
of any
suspected
crime or civil
wrongdoing.
- Harm
to minors:
Use of InfactaHost
service to
harm, or
attempt to
harm, minors
in any way,
including, but
not limited to
child
pornography, child
pedophiliac
material (pedo
hard pics).
- Threats:
Use of InfactaHost
service to
transmit any
material (by
e-mail,
uploading,
posting or
otherwise)
that threatens
or encourages
bodily harm or
destruction of
property.
- Harassment:
Use of InfactaHost
service to
transmit any
material (by
e-mail,
uploading,
posting or
otherwise)
that harasses
another.
- Fraudulent
activity:
Use of
InfactaHost
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."
- 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 information
is
prohibited.
The use of
anonymous
remailers or
nicknames does
not constitute
impersonation.
- Unsolicited
commercial
e-mail /
Unsolicited
bulk e-mail
(SPAM) Use of InfactaHost
service to
transmit any
unsolicited
commercial or
unsolicited
bulk e-mail is
expressly
prohibited.
Violations of
this type will
result in the
immediate
termination of
the offending
InfactaHost
account.
IMPORTANT
NOTICE:
BEGINNING
IMMEDIATELY,
anyone hosting
websites or
services on
their server
that support
spammers or
cause any of
our IP space
to be listed
in any of the
various Spam
Databases will
have their
server/domain
immediately
removed from
our network.
The server/domain
will not be
reconnected
until such
time that you
agree to
remove ANY
and ALL
traces of the
offending
material/domains
immediately
upon
reconnection
and agree to
allow us
access to the
server/domain to
confirm that
all material
has been COMPLETELY
removed.
Severe
violations may
result in
immediate and
permanent
removal of the
server/hosting
account from
our network
without notice
to the
customer. Any
server/domain guilty
of a second
violation WILL
be immediately
and
permanently
removed from
our network
without
notice.
- 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
InfactaHost
account.
- E-mail
/ Message
Forging:
Forging any
message
header, in
part or whole,
of any
electronic
transmission,
originating or
passing
through InfactaHost
service is in
violation of
this AUP.
- Usenet
SPAMing:
InfactaHost
has 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.
Unauthorized
access:
Use
of InfactaHost service to
access, or to
attempt to
access, the
accounts of
others, or to
penetrate, or
attempt to
penetrate,
security
measures of
InfactaHost 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
InfactaHost
account is
subject to
immediate
termination.
Copyright
or trademark
infringement:
Use
of InfactaHost 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.
Collection
of personal
data:
Use of InfactaHost
service to
collect, or
attempt to
collect,
personal
information
about third
parties
without their
knowledge or
consent.
Network
disruptions
and unfriendly
activity:
Use
of InfactaHost service for
any activity
which affects
the ability of
other people
or systems to
use InfactaHost
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
Member's
responsibility
to ensure that
their network
is configured
in a secure
manner. A
Subscriber may
not, through
action or
inaction,
allow others
to use their
network for
illegal or
inappropriate
actions. A
Subscriber may
not permit
their network,
through action
or inaction,
to be
configured in
such a way
that gives a
third party
the capability
to use their
network 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.
InfactaHost will
not tolerate
any subscriber
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.
Fraud:
Involves a
knowing
misrepresentation
or misleading
statement,
writing or
activity made
with the
intent that
the person
receiving it
will act upon
it.
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.
Distribution
of Viruses:
Intentional
distributions
of 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.
Inappropriate
Use of
Software:
Use of
software or
any device
that would
facilitate a
continued
connection,
i.e. pinging,
while using
EHostPros
services could
result in
suspension
service.
Third
Party
Accountability:
InfactaHost
subscribers
will be held
responsible
and
accountable
for any
activity by
third parties,
using their
account, that
violates
guidelines
created within
the Acceptable
Use Policy.
Violation
Of InfactaHost
Virtual
Accounts:
It is
absolutely
forbidden to
host
pornographic
content or IRC
servers on
Virtual
Hosting/Reseller
Accounts.
Virtual
hosting/Reseller
accounts found
hosting this
material will
be subject to
immediate
cancellation
without
refund.
IRC
networks:
It is
absolutely
forbidden to
host an IRC
server that is
part of or
connected to
another IRC
network or
server.
Servers/hosting found
to be
connecting to
or part of
these networks
will be
immediately
removed from
our network
without
notice. The
server/hosting 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
to confirm
that the
content has
been
completely
removed. Any
server/member guilty
of a second
violation will
result in
immediate
account
termination.
Adult
Content:
Explicit adult
content
(pornography)
will be
grounds for
immediate
suspension of
your account.
Sites
containing
only links to
adult content
will be
immediately
suspended.
InfactaHost will
be the sole
arbiter as to
what
constitutes a
violation of
this
provision.
Adult-oriented
sites,
pornography
and
sex-related
merchandising
are
prohibited.
We
also prohibit
sites that
provide
storage, sale,
distribution,
hypertext link
to,
advertisement,
promotion or
hosting of
material that
is unlawful,
defamatory,
obscene,
harmful,
threatening,
harassing, or
an intrusion
of privacy or
publicity
rights, or
otherwise
objectionable.
Note:
Artistic
nudity may be
acceptable,
but this is at
the sole
discretion of
InfactaHost.com.
Banned
Scripts :
The following
scripts are
banned from
use on our
shared and
reseller
hosting and
may not be
uploaded or
run. Reasons
for banning
them include
adverse
effects on
server load,
invitations to
hackers/spammers/criminal
activity, etc.
IRC
egg drops
Proxy servers
Mail bombers
Anonymous
mailers
IP spoofers
Port scanners
nph-proxy
UBB (Ultimate
Bulletin
Board, all
versions)
Ikonboard,
Yabb (all
versions)
lstmrge.cgi
FormMail.cgi,
FormMail.pl
from
Matt's
Script Archive
are not
allowed. See Here
Greymatter (gm.cgi)
Cgi/Perl
Content
management
systems
Shell, SSH,
Telnet Scripts
and Shell,
SSH, Telnet
Alternatives.
Any script
that uses &
processes a
massive number
of flatfiles
or large
flatfile
databases
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.
- 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.
InfactaHost 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.
Network
Performance
InfactaHost
accounts operate
on shared
resources.
Excessive use or
abuse of these
shared network
resources by one
customer may have
a negative impact
on all other
customers. Misuse
of network
resources in a
manner which
impairs network
performance is
prohibited by this
policy and may
result in
termination of
your account.
You
are prohibited
from excessive
consumption of
resources,
including CPU
time, memory, disk
space and session
time. You may not
use
resource-intensive
programs which
negatively impact
other customers or
the performances
of InfactaHost
systems or
networks.
InfactaHost reserves
the right to
terminate or limit
such activities.
REPORTING
VIOLATIONS OF
INFACTAHOST AUP
InfactaHost requests
that anyone who
believes that
there is a
violation of this
AUP direct the
information to the
Abuse Department
at
abuse@infactahost.com.
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.
InfactaHost 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
InfactaHost
reserves 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 in
accordance with
our TOS (Terms of
Service).
Copyright
2004 InfactaHost.com
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