AUP ( Acceptable Use Policy )

As a high-quality web hosting provider, Host-Manager values its good reputation. Accordingly, it is important to us that our customers use our services and the Internet in general, responsibly and courteously. Most of our customers do so and seldom need to refer to these AUPs. Nonetheless, the following constitute examples of unacceptable uses of Host-Manager’s services, which will result in suspension, or termination of the customer’s account:

Affronts to Etiquette. Unacceptable activities include spamming (sending unsolicited advertising to those with which the customer has no existing business relationship, posting off-topic advertising in newsgroups); spoofing (using a return email address which is not the valid reply address of the sender or sending an email message which does not contain enough information to enable the recipient to identify the party who is really sending the message; passive spamming (promoting a web site hosted by Host-Manager by spamming from some other source), trolling (posting controversial messages in newsgroups to generate responses), mail bombing (inundating a user with email without any serious intent to correspond), generating a higher volume of outgoing mail than a normal user (over 10% of available system resources), and subscribing someone else to an electronic mailing list without that person's permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distributed unsolicited email. Any customer repeatedly "mail bombed" or that attracts such behavior will be asked to leave. If you are not sure if your actions will be in violation, please ask first (abuse@Host-Manager.net).

Age. The client must be 18 years of age to obtain our service.

Abuse of the legal rights of others. Examples of unacceptable activities in this regard include posting private information about a person without their consent, infringing intellectual property rights, defaming a person or business, and knowingly making available code which will have a deleterious effect on third party computers. Host-Manager supports free speech on the Internet, and will not suspend or cancel a customer’s account simply because it disagrees with the views expressed by the customer. Where there are allegations that a customer’s on-line activity has violated the legal rights of a third party, Host-Manager will not substitute itself for a court of law in deciding tort claims raised by the third party.

Abuse of the law. Host-Manager’s services may be used for lawful purposes only. Illegality includes but is not limited to: drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEG's, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited. Host-Manager reserves the right to check system files, email, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary.

Pornography. Pornography and sex-related merchandising, or links to such material, even if legal, is not an acceptable use of Host-Manager’s servers.

Abuse of Host-Manager’s Server Resources. Running programs in the background on a Host-Manager’s server without Host-Manager’s prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses of Host-Manager’s servers. Further, any usage of ten percent (10%) or more of our system resources is an undue burden on our system and is unacceptable. If your usage ever exceeds ten percent (10%) of system resources, your account may be terminated immediately and without prior notice. In addition any domain that exceeds thirty gigabytes of  bandwidth traffic can be terminated without prior notice. Host-Manager can set an additional domain name to be pointed to your site's IP address for a one time $9 setup fee. Usage of scripts or other utilities to direct pointed domain names to subdirectories is not permitted and is grounds for termination of the account.

Hacking/Cracking. Host-Manager reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution.

The following examples of unacceptable behavior are non-exclusive, and are provided for guidance purposes. If you are unsure if your actions will be a violation of our policies please ask abuse@Host-Manager.bet

Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network Attempt to circumvent any user authentication or security of host, network, or account. Accessing data not intended for user. Probing the security of any network. Spawning dozens of processes. Port scans, ping floods, packet spoofing, forging router information, Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land, teardrop. Promulgation of viruses. IRC bots such as eggdrop or BitchX. Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken. The presence of any of these programs, whether or not run, will result in action against the user including suspension or termination.

Client Responsibility. The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of Host-Manager's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as SSH and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of Host-Manager to provide this knowledge or support outside matter specific to Host-Manager's servers.

Backups. Full backups are made weekly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients’ responsibility to maintain local copies of their web content any information. If loss of data occurs due to an error of Host-Manager, Host-Manager will attempt to recover the data for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, Host-Manager will attempt to recover the data from the most recent archive for a $50.00 fee.

IP numbers. Host-Manager maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

Limitation of Liability. Host-Manager shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Host-Manager’s servers going off-line or being unavailable for any reason whatsoever. Further, Host-Manager shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Host-Manager’s servers. All damages shall be limited to the immediate termination of service.

Host-Manager shall be the sole arbiter of what is and is not a violation of these acceptable use policies. Host-Manager reserves the right to terminate an account at any time and for any reason that causes harm to any Host-Manager customer's web sites. Host-Manager reserves the right to delete all content and files upon termination. Host-Manager reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. Host-Manager reserves the right to refuse, cancel, or suspend service at our sole discretion.

Host-Manager reserves the right to change the Acceptable Use Policy without prior notice or warning. Non-enforcement of any part of the Acceptable Use Policy does not constitute consent.

REPORTING VIOLATIONS OF Host-Manager AUP

Host-Manager requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse@Host-Manager.net.

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. Host-Manager 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

Host-Manager 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).