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AUP ( Acceptable Use Policy ) |
Use of HostElite Service constitutes
acceptance and agreement to HostElite's Terms as well as HostElite's
AUP (Acceptable Use Policy),
spam policy and fraud policy.
HostElite's Acceptable Use Policy ("AUP") is provided to give our customers
and users a clear understanding of what HostElite expects of them while
using the service.
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. HostElite 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 your HostElite account.
This document is intended to provide a basic understand of HostElite's
Acceptable Use Policy. The following are guidelines for the establishment
and enforcement of HostElite's 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
While the HostElite is firmly committed to the principles
of free speech, certain activities that may be damaging to the resources
of both the HostElite and the Internet and cannot be permitted under
the guise of free speech. The resources of the HostElite and the Internet
are limited, and abuse of these resources by one user has a negative
impact on the entire community.
You may not use your account to publish material, which HostElite 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 HostElite 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.
VIOLATIONS OF HostElite ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
Illegal
use: HostElite's services may not be used for illegal purposes,
or in support of illegal activities. HostElite 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 the HostElite service to harm, or attempt
to harm, minors in any way, including, but not limited to child pornography.
Threats:
Use of the HostElite 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 the HostElite service to transmit any material (by e-mail, uploading,
posting or otherwise) that harasses another.
Fraudulent
activity: Use of HostElite 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 infrmation is prohibited. The use of anonymous remailers
or nicknames does not constitute impersonation.
Unsolicited
commercial e-mail / Unsolicited bulk e-mail (SPAM) Use
of the HostElite service to transmit any unsolicited commercial or unsolicited
bulk e-mail is expressly prohibited.
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 HostElite account.
E-mail
/ Message Forging: Forging any message header, in part or
whole, of any electronic transmission, originating or passing through
the HostElite service is in violation of this AUP.
Unauthorized
access: Use of the HostElite service to access, or to attempt
to access, the accounts of others, or to penetrate, or attempt to penetrate,
security measures of HostElite's 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 HostElite account
is subject to immediate termination.
Copyright
or trademark infringement: Use of the HostElite 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 the HostElite service to collect,
or attempt to collect, personal information about third parties without
their knowledge or consent.
Network
disruptions and unfriendly activity: Use of the HostElite
service for any activity which affects the ability of other people or
systems to use HostElite 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 customer may
not, through action or inaction, allow others to use their network for
illegal or inappropriate actions. A customer 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. HostElite
will not tolerate any customer 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 HostElite services could result in suspension service.
Third
Party Accountability: HostElite customers will be held responsible
and accountable for any activity by third parties, using their account,
that violates guidelines created within the Acceptable Use Policy.
IRC networks: It is absolutely forbidden
to host an IRC server 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. 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. HostElite 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
HostElite 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 HostElite systems or networks. HostElite reserves the right to terminate
or limit such activities.
REPORTING VIOLATIONS OF HostElite AUP
HostElite requests that anyone who believes that there is a violation
of this AUP direct the information to the Abuse Department at abuse@HostElite.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
Email 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. HostElite may take any one
or more of the following actions in response to complaints:
Issue
written or verbal warnings
Suspend
the customer's account
Terminate
the customer'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
HostElite 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).
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