Acceptable Use Policy (AUP)

PREFACE:

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 our Acceptable Use Policy (AUP) and our Terms of Service (TOS). Use of our Service(s) constitutes acceptance and agreement to the AUP (Acceptable Use Policy) as well as the TOS (Terms of Service)

Our Acceptable Use Policy or "AUP" is provided to give our customers a clear understanding of what we expect of them while using our services.

We fully support the uncensored flow of information and exchange of ideas over the internet. Under normal circumstances we do not monitor subscriber activity. Similarly, we do not exercise editorial control over the content of any website, e-mail transmission, newsgroups, or other material created, disseminated, or accessible over or through the services - except for certain proprietary websites.

However, in accordance with our TOS, we may remove any materials that - in our sole discretion - may be illegal, may subject us to liability, or which may violate this AUP. In accordance with which 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 the invoking of other actions as detailed in Section 5 (V.) WITHOUT PRIOR NOTICE.

This document is intended to provide a basic understanding of our Acceptable Use Policy.

The following are the guidelines used for the establishment and enforcement of the AUP:

We intend to provide our customers access to everything the internet has to offer, however - though firmly committed to the principles of free speech - there are certain activities that can be damaging to the resources of all parties involved, and therefore will not be permitted under the guise of free speech. The resources of our services and the internet are limited, and the abuse of these resources by a single 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 services.

You may not use your site or any processes originating from your site 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, etc), executable programs, video recordings, and audio recordings.

If an account is found to be in violation of this AUP or the TOS, we reserve the right terminate your service(s) without notice.

We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant disregard and violation of this AUP or the TOS will result in immediate termination of service(s). Our suspected failure to enforce this policy, for whatever reason, shall not be construed as a waiver of any of the rights we withhold in the AUP or TOS - which can be called upon at any time; nor shall it be construed as acceptance of any behavior(s) or action(s) in violation of the AUP or the TOS.

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.

Application Of Policies

The Acceptable Use Policies (AUPs), in the immediate list that follows, shall govern all AccountPanel & DomainPanel services principally... with the following AUP outlined on this site as detailing (Un)Acceptable uses further, or otherwise providing general guidelines or ancillary terms for utilizing shared server resources.

I. VIOLATIONS:

Violations of the AUP:

  1. Illegal Use: Our service(s) may not, under any circumstances, be used for illegal purposes, or in support of any illegal activity. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. In particular, if it is not legal in the United States of America it is not permitted to reside on our servers; and if found, the offending account will be suspended.

  2. Harm To Minors: Use of our service(s) to harm - or attempt to harm - minors in any way - including, but not limited to, child pornography.

  3. Threats: Use of our service(s) to transmit any material (by e-mail, uploading, posting or any other means) that threatens or encourages bodily harm or destruction of property, or any act that can be perceived as cyber-bullying.

  4. Harassment: Use of our service(s) to transmit any material (by e-mail, uploading, posting or any other means) that harasses another, or any act that can be perceived as cyber-bullying.

  5. Fraudulent Activity: Use of our service(s) to make fraudulent offers to sell or buy product(s), item(s), or service(s) including any means to advance any type of financial scam including but not limited to "pyramid schemes," "ponzi schemes," "chain letters," and gambling (as it is illegal in most US States).

  6. Forgery & Impersonation: Adding, removing, modifying, or using misleading identifying network header information in an effort to deceive or mislead others is strictly prohibited. Attempting to impersonate any person or other entity that you have not been given the consensual rights to represent is prohibited. Attempting to impersonate any person using forged headers or other identifying information is prohibited. Use of anonymous remailers or nicknames does not constitute impersonation.

  7. SPAM (Unsolicited Commercial E-Mail / Unsolicited Bulk Email): Even if it is from an opt-in list, the use of our service(s) to transmit and/or receive any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending account.

    IMPORTANT NOTICE:

    BEGINNING IMMEDIATELY, anyone hosting a website(s) or service(s) on their server that supports spammers or causes any of our IP space to be listed in any of the various SPAM Databases will have their server immediately removed from our network. The server 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 to confirm that all material has been COMPLETELY removed. Failure to comply will result in termination of services and loss of any and/or all data associated with the offending site, and may result in the loss of all service(s) associated with the customer's account in the event of blatant violations. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.

  8. E-Mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in immediate termination of the offending account.

  9. E-Mail / Message Forging: Forging any message header, in part or in 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 violates the rules, regulations, FAQ, or charter of any newsgroup or mailing list. Commercial messages that are appropriate under the rules of the newsgroup / mailing list or that are solicited by the recipients are permitted, except for bulk or massive mailers that will interfere with our mail server's operation resources.

  11. Unauthorized Access: Use of our service(s) to access, or 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 (electronics 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. Infringement Of Copyrights, Patents, Trademarks, Trade Secrets, Proprietary Rights, Or Intellectual Property Rights: Use of our service(s) for the distribution and/or posting of copyrighted or any of the aforementioned infringements will not be tolerated. The transmission of any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or any other proprietary rights of any third party that you have not been expressly granted the rights to do so - including, but not limited to, the unauthorized copying of copyright material, the digitization and distribution of photographs/text from magazines, books or other copyrighted sources, and the unauthorized transmittal of copyright software - is not permitted and may be removed without any prior notice.

  13. Collection of Personal Data: Use of our service(s) to collect, or attempt to collect, personal information about third parties without their knowledge or consent will not be tolerated.

  14. Network Disruptions and Unfriendly Activity: Use of the service(s) for any activity which affects the ability of other people or systems to use our Services or the internet are prohibited. 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.

    • 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 other users to use their network for illegal or inappropriate actions (As laid out by this AUP and the TOS).

    • Unauthorized entry and/or unauthorized use of another company's and/or individual's computer system will result in immediate account termination.

    • We will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of any other system(s), whether or not the intrusion results in corruption or loss of data.

  15. Web Proxys, Traffic Generator Websites, Bots, And/Or Auto-Surf Websites: Any sort or Web Proxys, anonymous Web Proxys, Traffic Generator Websites, Bots, auto-surfs, etc. are prohibited within our network and our servers - whether you are hosting them, or are subscribing to any of the above mentioned to receive and/or send traffic to your site(s). Beware that 80% of the so-called marketing campaigns from companies who sell "traffic" or "visitors" to your website use software, bots, auto-surfs and the like to send as many unique fake hits a day as your hosting can handle, by routing HTTP get requests through a massive list of anonymous proxy servers - even banners on the site get impressions - and every time they send this kind of "traffic," the server and network are put under undue stress like that of an attack -- and any of these actions will be considered a 'Denial Of Service' (DOS) attacks against our network or server(s). 'Denial Of Service' (DOS) attacks can affect server bandwidth resources that affect other members. Therefore, we will not tolerate any user of our service(s) attempting to use any of these services. If you sign up with the foreknowledge that you will be using web proxys, traffic generator websites, bots and/or auto-surf websites - yet continue to sign up for our service(s) - your site(s) or account(s) will be subject to immediate cancellation without refund.

  16. Fraud: To use our service(s) with a knowing misrepresentation or a knowing misleading statement, text/description, or activity with the intent that the person receiving it will act upon it is strictly forbidden.

  17. Distribution Of Viruses: Use of our service(s) with the intent to distribute software that attempts to and/or causes damage, harassment, or annoyance to any person, data, and/or computer system(s) is prohibited. Such an offense will result in the immediate termination of the offending account.

  18. Inappropriate Use Of Software: Use of any software or any device that would facilitate a continued connection (such as pinging) on our service(s) or originating from our service(s) could result in the suspension or termination of the offending account(s) and/or site(s).

  19. Third Party Accountability: Our subscribers will be held accountable and responsible for any of the actions by third parties - using your account - if they violate any of the guidelines set forth in this AUP or the TOS.

  20. Violation & Misuse of Server Resources: It is absolutely forbidden to host any kind of pornographic content, IRC Servers, Chat Scripts, File Hosting, Image Hosting, Streaming Media, and offer E-mail Accounts to the public - hosting a free e-mail service of any kind is absolutely forbidden. Any accounts found hosting any kind of the material listed above will be subject to immediate cancellation without refund.

  21. Chat Software Or IRC Networks: It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server, including the hosting of any sort of chat software. Servers found to be connecting to part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such a 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 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, and/or to Backup Your Home Computer. These accounts may also not be used as a download distribution point for your bundled software or files. These accounts may also not be used to host an un-normal and/or abusive amount of Domains and/or Subdomains, SQL Databases, Parked Domains, Add-On Domains, etc... It is to be used for normal non-abusive standard web practices and only normal non-abusive standard web practices. If you have a questionable concern please contact us. If you know your account or site is going to use an un-normal amount of resources - and sign up knowing this - and/or your are found by our sys admins doing any sort of abusive practices we will inquire you to get a VPS (Virtual Private Server) or dedicated server. If you have any questions in regards to this please contact us. Un-normal usage is any kind of usage on server and/or account features and/or allotment resources that a shared server environment would not be able to handle. Again, contact us for approval if you will fall into this clause.

  23. Resellers: Resellers for any part of our service(s) [whether reselling service(s) under own brand or are a web developer offering our service(s) as part of a package offer], you are responsible for enforcing the AUP and TOS with all your clients. If your clients are found to be in violation of any of the policies set forth we will suspend the offending account and let the reseller know. Resellers are responsible for the actions of their clients. If you have any questions about what is allowed and what is not allowed please contact us.

  24. Streaming Video & Audio: Streaming video and audio is not permitted on our servers (including any of the available A/V media formats including: mp3, mpeg, swf, wav, flv, etc. are all not permitted). All streaming media files found in our network will be automatically removed from our servers without prior notice.

  25. Egg Drop: Egg Drop Scripts are strictly forbidden, and not allowed. These are grounds for immediate account deletion without a refund.

  26. Adult Material: There is zero tolerance for adult material within our network, sites that contain adult material will be suspended.

  27. Chinese Forums: Chinese forums are not allowed on our network. These sites require too much CPU usage and other resources - they almost always require a dedicated server to run properly. If they are found on any server we will suspend the offending account, and if they cause a CPU overload an additional admin charge will be made to the offending account. Admin charges are usually about $25/Hour.

  28. Anime Sites: Anime sites are forbidden on our network - because 95% of them are illegal. If an Anime Site is found we will terminate the offending account.

  29. Game Sites: Online Gamer websites or any other kind of game site is not allowed on our non-dedicated servers because these types of sites use an inordinate amount of server resources. If you sign up knowing this is the type of site or service you are hosting your account will be terminated.

  30. Re-Offering Service(s) For Free: Reseller accounts are not to be used to provide free website hosting services to your users and/or using a domain name to add sub-domain accounts to provide hosting for your members. All accounts must be a genuine domain name and not sub-domains, and if you sign up knowing this, your account will be terminated. This includes offering email services to the public. If you have any questions in regard to this please contact us.

  31. Non-Family Oriented Content: We prohibit the use of our service(s) in whole or in any part to be used for the hosting of war, and/or political, and/or hate, and/or terrorist related websites. This includes sites advocating human violence and hate crimes based upon religion, ethnicity, and/or country origin and/or any sites with graphical images showing body injury related to violence, etc. Any websites found hosting the above related material will be removed immediately from our network. Our service(s) are for personal and/or business family-oriented related hosting only.

II. 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 the security of another account or attempt to gain unauthorized access to another network or server.

III. NETWORK PERFORMANCE:

Our accounts operate on shared resources, excessive use or abuse of these shared network resources by one customer may impose a negative impact on all other customers. Misuse of network resources in a manner that impairs network performance is prohibited by this policy and may result in the 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 that negatively impact other customers or the performance of our systems or networks. We reserve the right to terminate or limit such activities.

IV. REPORTING ABUSE:

Reporting Violations Of This AUP

We request that anyone who believes that there is a violation of this AUP to provide any and all information to us by e-mail immediately.

If available, please provide the following information:

E-mails with full header information provides all of the above technical information, as do system logs files. Other means will require different methods of providing the above information.

V. DISCIPLINARY ACTIONS:

In response to complaints we may take any number of the following actions:

VI. REVISIONS:

Revisions To This Acceptable Use policy

We reserve the right to revise, amend, or modify this AUP, the TOS and our other policies and agreements at any time and in any manner as we see fit. Notice of any revisions, amendments, or modifications will be posted in accordance with our TOS.