Acceptable Use Policy
Scope and Application of Policy
Hostway maintains this Acceptable Use Policy ("AUP") to
provide users of its Services (as such term is defined in
the Terms of Service located here
for purposes of this AUP, the term "Services" shall also
be deemed to include Hostway’s various systems and
network) with a clear statement of rules and use
restrictions that apply to the use of Hostway’s
Services.
This AUP forms an integral part of the Terms of Service
that govern your use of Hostway’s Services. Your
compliance with and cooperation in Hostway’s enforcement
of this AUP is an express condition to your continuing
contractual rights to use Hostway’s Services. This AUP
also applies to your employees, agents, contractors and
end users. The evolving nature of the Internet and on-line
commerce makes it necessary for Hostway to reserve the
right to make changes to this AUP at any time. You agree
that any changes will be effective when posted on-line at
this location and that your continued use of Hostway’s
Services will constitute your acceptance of any changes or
additions to this AUP. You may determine the date of
posting at the Effective Date section at the end of this
AUP.
This AUP is not intended to address all possible
unacceptable uses of Hostway’s Services. As a result,
Hostway reserves complete discretion to determine what
constitutes an unacceptable use of its Services and
reserves the right to suspend or terminate your Services,
or take such other action as Hostway deems appropriate in
its sole discretion.
Prohibited Uses
YOUR USE OF HOSTWAY’S SERVICES MAY NOT VIOLATE ANY OF THE
FOLLOWING PROVISIONS. HOSTWAY MAY SUSPEND OR TERMINATE
YOUR SERVICES IF IT DETERMINES, IN ITS SOLE AND EXCLUSIVE
DISCRETION, THAT YOU HAVE ENGAGED IN ANY ACTIVITY THAT
VIOLATES THIS AUP. YOU VIOLATE THIS AUP WHEN YOU, YOUR END
USERS OR ANY THIRD PARTY ACTING ON YOUR OR YOUR END USERS’
BEHALF, ENGAGE IN ANY ACTIVITY, DIRECTLY OR INDIRECTLY, OR
ATTEMPT TO ENGAGE IN AN ACTIVITY, WHETHER SUCCESSFULLY OR
OTHERWISE, CONTRARY TO THE TERMS OF THIS AUP.
HOSTWAY WILL NOT INTERVENE OR BECOME INVOLVED IN ANY
DISPUTES BETWEEN YOU AND A THIRD PARTY. CONSEQUENTLY,
HOSTWAY RESERVES THE RIGHT, IN ITS SOLE AND EXCLUSIVE
DISCRETION, TO SUSPEND OR TERMINATE YOUR SERVICES UPON ITS
RECEIPT OF ANY THIRD PARTY COMPLAINT THAT YOU HAVE ENGAGED
IN ANY ACTIVITY THAT VIOLATES THIS AUP, THAT MAY OTHERWISE
SUBJECT HOSTWAY TO LIABILITY FOR ANY REASON, OR THAT MAY
CAUSE AFFINTY TO INCUR LEGAL FEES OR OTHER EXPENSES.
HOSTWAY MAY SUSPEND AND TERMINATE YOUR SERVICES UNDER
THIS AUP WITHOUT NOTICE TO YOU AND YOUR END USERS.
HOSTWAY MAY ALSO REPORT YOUR ACTIVITIES TO FEDERAL AND/OR
STATE LAW ENFORCEMENT AGENCIES.
- Lawful Purpose
You may use Hostway’s Services only for lawful
purposes. You may not transmit, store or present any
information, software, data, file or material in
violation of any applicable law or regulation. You may
not use Hostway’s Services to facilitate, or otherwise
assist in, the violation of any law or regulation.
- Spamming and Related Activities
Hostway strictly prohibits your use of Hostway’s
Services to transmit SPAM or to host a site that is
advertised or announced via SPAM. "SPAM" is any form of
unsolicited advertisement or informational announcement
that is transmitted, whether singularly or in bulk, via
any Internet-based communications medium including, but
not limited to, Microsoft Messenger Service; Chat
Programs such as AIM, YIM and MSN; e-mail, Internet
facsimile, Internet phone, instant and text messaging
(SMS) and IRC applications.
Activities that violate this policy may also subject you
to civil liability to third parties and to criminal
penalties.
- Permission Based Communications
You may use Hostway’s Services to transmit
permission-based communications for purposes of
marketing your goods and services, provided that you
otherwise comply with the standards set out in this AUP
and all applicable laws including, but not limited to,
the CAN-SPAM Act. All marketing conducted using
Hostway’s Services must be permission (opt-in) based.
You must keep adequate and verifiable records to prove
that your marketing is strictly permission-based. In
addition, should you purchase mailing lists or other
types of data that are to be used to contact third
parties via Hostway’s Services, you must verify that
the lists have been compiled on a strict "opt-in"
basis.
In addition to the foregoing general requirements, all
permission-based communications sent using Hostway’s
Services must include the following (and you are
required to take the corresponding actions set forth
below):
- A working "unsubscribe" link. (You must honor all
unsubscribe requests within 72 hours from the time they
enter Hostway’s Services.)
- The recipient’s accurate e-mail address in the "to"
line and the sender’s accurate e-mail address in the
"from" line.
- A working link to your privacy policy.
- A working "abuse" address and/or link. (You must
answer all complaints forwarded to this address within
72 hours from the time they enter Hostway’s Services.)
- An up-to-date website that corresponds with the
domain portion of the response e-mail. Your website
must conspicuously display your up-to-date mailing
address, telephone number and facsimile number.
You are solely responsible for the transmission of all
such permission-based communications. Hostway reserves
the right to suspend or terminate your Services in the
event Hostway receives an excessive number of
complaints related to your permission-based
communications, whether such complaints are made by
parties whom "opt-in" or otherwise. You agree that
Hostway may determine what constitutes an excessive
number of complaints in its sole and exclusive
discretion.
- Copyright Infringement
You may not use Hostway’s Services in any manner that
infringes upon the rights of a third party under federal
and foreign copyright laws.
Hostway is registered with the United States Copyright
Office pursuant to the Digital Millennium Copyright Act
("DMCA"). If a copyright owner believes in good faith
that Hostway is the hosting provider of material that
infringes that copyright, the copyright owner may submit
a written notification of claimed infringement to
Hostway’s designated copyright agent:
Hostway Corporation
Legal Department - DMCA Complaints
100 N Riverside Suite 800
Chicago, IL 60606 USA
Email: legal@hostway.com
Fax: 312-236-1958
PLEASE NOTE: The designated copyright agent is appointed
solely for the purpose of receiving notices of copyright
claims submitted pursuant to the DMCA. No other notices
or communications should be forwarded to the designated
copyright agent.
The DMCA contains very specific guidelines as to what
proper notification of claimed infringement must
contain. Copyright owners may obtain a copy of the DMCA,
including these guidelines, by visiting the web site of
the U.S. Copyright Office at http://www.copyright.gov/title17/92chap5.html#512.
Hostway is not required to respond to notices that do
not meet the requirements of the DMCA. Copyright owners
should be aware that there are substantial penalties for
false claims and that Hostway will actively refer
complainants who use the DMCA for improper purposes to
relevant law enforcement agencies.
In the event that Hostway must remove, or disable
access to, material on your web site that is alleged to
infringe another’s copyright under the DMCA, you
acknowledge and agree that Hostway may do so by
disabling access to your entire web site.
- Violations of Other Intellectual Property Rights
You may not use Hostway’s Services in any manner that
infringes or misappropriates any other intellectual
property rights of a third party including, but not
limited to, trademarks, trade names, trade dress, logos,
domain names, patents, trade secrets and other
proprietary rights of a third party.
Although Hostway reserves the right to suspend or
terminate your Services upon its receipt of a third
party claim that alleges that you are using Hostway’s
Services in a manner that infringes such third party’s
intellectual property rights, Hostway may, in its sole
and exclusive discretion, allow you to continue use of
its Services provided that you confirm in a timely
manner that you have discontinued the allegedly
infringing activities or provide Hostway with a court
order confirming that your activities do not infringe
the intellectual property rights of such third
party.
- Defamation and Harassment
You may not use Hostway’s Services to defame, harass,
abuse, libel, slander or threaten a third party.
Complaints about activity in violation of this policy
engaged in by Hostway customers or end users may be
directed to abuse@hostway.com.
- Child Pornography
You may not use Hostway’s Services to disseminate or
display images or other content that constitutes child
pornography under United States laws.
Hostway applies a zero tolerance policy to the
enforcement of this prohibition. Hostway takes an
active role in cooperating with law enforcement
officials in their efforts to prosecute violations of
statutes that prohibit the dissemination of child
pornography. Hostway reports the use of its Services to
disseminate or display child pornography as required by
law. You will not be notified that Hostway may be
cooperating with law enforcement or that Hostway has
reported the use of its Services in this manner.
For further information about child pornography, you may
visit the web site of the National Center for Missing
and Exploited Children at www.ncmec.org.
Complaints about activity in violation of this policy
engaged in by Hostway customers or end users may be
directed to abuse@hostway.com.
- Disruptive or Abusive Activity
You may not use Hostway’s Services:
- to forge, misrepresent, omit, or delete message
headers, return mailing information and/or Internet
Protocol addresses to conceal or misidentify the origin
of a message;
- to create or transmit any Internet virus, worm,
Trojan horse or computer code intended to disrupt
services, destroy data, destroy or damage equipment, or
disrupt the operations of the Services;
- to maintain open mail relays, forward or propagate
"chain" mail or mail bomb;
- to engage in denial of service attacks including,
but not limited to transmitting packets with an illegal
packet size, UDP flooding, ping-flooding, half-open TCP
connection flooding and any other use, or otherwise
interfere with an Internet user’s terminal session;
- in a manner that encumbers or utilizes disk space,
processors or other system requirements beyond those
allowed by your specific account;
- to establish, create or otherwise make available
any Internet Relay Chat (IRC) server;
- to hack, subvert, or assist others in hacking or
subverting the security or integrity of Hostway’s
Services;
- to disseminate or display indecent or obscene
images or content;
- to solicit information that is considered to be
confidential, such as passwords or credit card
information, or to crack passwords or to defraud third
parties into releasing their passwords;
- to solicit or facilitate the performance of any
illegal activity, even if the activity itself is not
performed; and/or
- in any manner that might potentially subject
Hostway to unfavorable regulatory action, subject
Hostway to any liability for any reason, or adversely
affect Hostway’s public image, reputation, goodwill,
business or operations.
- United States Export Laws
United States export control laws govern your use of
Hostway’s Services. These laws apply to you and your
use of Hostway’s Services regardless of whether you
actually reside in the United States.
You may not use Hostway’s Services for any purpose that
violates these laws, which may include the sale of
products that may be legal to sell in the United States,
but illegal to export. You may not use Hostway’s
Services to provide services to end users with whom
United States citizens may not do business.
For further information about United States export laws,
you may visit the United States government’s portal to
exporting and trade services at http://www.export.gov/exportcontrols.html.
- Privacy
Hostway’s privacy policy may be found here.
While Hostway is concerned with the privacy of on-line
communications and websites, the Internet is no more
secure than other means of communications. You should
assume that all on-line communications are insecure.
Hostway is not responsible for the security of any
information transmitted over its Services, unless it has
expressly agreed to do so. Such an agreement must be in
writing and signed by an authorized officer of
Hostway.
- IP Addresses
In connection with your use of Hostway’s Services, you
may only use IP addresses that are assigned to you by
Hostway. If you use IP addresses that are not assigned
to you by Hostway, Hostway will suspend your Services
from network access until such time as the IP address
overlap is corrected. Hostway owns all IP addresses
that may be assigned to you by Hostway. Hostway may,
in its sole discretion, change these numbers from time
to time without notice to you.
- Certain Restrictions Applicable to Shared
Customers
If you are the registered owner of an Hostway shared
account:
Your Services may not be transferred or used by anyone
other than you. You may not sell, lease or assign the
Services or any part of the Services to any party not
named in Hostway’s records. You may allow ftp access
and host websites for your end customers without
violating this AUP.
When you utilize an excessive amount of system
resources, Hostway reserves the right to place CPU
process limits on your account to prevent disruption of
Hostway Services to other customers. Hostway reserves
sole discretion to determine what constitutes excessive
usage of system resources.
- Certain Restrictions Applicable to Dedicated
Customers
If you are the registered owner of an Hostway dedicated
account:
You are solely responsible for any breaches of security
affecting servers under your control. If your server is
involved in an attack on another server or system, it
may be shut down and Hostway may launch an
investigation to determine the cause and source of the
attack. In such an event, you are responsible for all
costs to rectify any damage done to your server and any
other requirement affected by the security breach. You
acknowledge and agree that Hostway will not be liable
to you or your end users for any loss or corruption of
data or information, inability to access the Internet or
Hostway’s Services or inability to transmit or receive
information as a result of any actions taken by Hostway
in response to such security breaches. This foregoing
sentence may not be construed to diminish or amend any
limitations of liability, or restrict the applicability
of such limitations, as to Hostway that are set forth
in the Terms of Service or any other agreement between
you and Hostway.
No Credits or Refunds for Suspension and/or Termination
of Services
Hostway does not issue credits or refunds for outages
incurred as a result of its decision to suspend or
terminate its Services for a violation of this AUP. You
agree to indemnify, defend and hold harmless Hostway
from any claims by your end users and any third party
that they have been damaged by reason of such suspension
or termination of Hostway’s Services.
Monitoring of Services; Cooperation with Law
Enforcement; Legal Documents
You are solely responsible for ensuring that materials
disseminated or posted using Hostway’s Services comply
with this AUP and all applicable laws and regulations.
Hostway does not review, edit, censor or take
responsibility for any information you, other customers
or your end users may create.
Hostway may disclose information, including information
that you may consider confidential, in order to comply
with a court order, subpoena, summons, discovery
request, warrant, regulation or governmental request.
Hostway assumes no obligation to inform you that such
information has been provided and, in some cases, may be
prohibited by law from providing you with notice.
On occasion, Hostway may have a need to communicate
with you about issues that relate to billing, service
changes, additions and modifications to its Services.
Hostway may choose the method of such communication in
its sole discretion. The preferred method of
communication is via e-mail.
It is your responsibility to provide and check the
account and contact information, including a required
valid e-mail address, that you provide to Hostway
during the sign-up process. It is your responsibility to
inform Hostway promptly of any changes to your account
or contact information. Hostway has no responsibility
for communications that are misdirected as a result of
your failure to provide Hostway with updated contact
information.
Effective Date
This AUP was last updated on October 15th, 2004.
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