Acceptable Use Policy (AUP)

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Acceptable Use Policy (AUP)

Updated: January 2011

This document is intended to provide a basic understanding of HostMyDomainNow's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of HostMyDomainNow's AUP.

If an account is used to violate the Acceptable Use Policy or our Terms of Service, 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.

You may not use your Web Hosting account, Reseller account (resellers are responsible for their customers hosting accounts), VPS Server or Dedicated Server to publish material, which HostMyDomainNow 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.

HostMyDomainNow's servers may be used for lawful purposes only.

The following constitute violations of this AUP:

Illegal Use: Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, prescription drug sales, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots.

Online Pharmacies: No online pharmacies are allowed on our network.

HYIP (High Yield Investment Programs): Sites related to HYIP (High Yield Investment Programs), Ponzi schemes or pyramid schemes are prohibited.

Harm to Minors: Use of HostMyDomainNow service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.

Chat Rooms: HostMyDomainNow does not provide nor allow chat rooms On shared hosting environments. You may elect for a VPS or Dedicated Server to run a chat room efficiently.

Background Running Programs: HostMyDomainNow does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation.

Threats: Use of HostMyDomainNow 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 HostMyDomainNow service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

Fraudulent activity: Use of HostMyDomainNow 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 HostMyDomainNow 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 HostMyDomainNow account.

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 HostMyDomainNow account.

E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through HostMyDomainNow service is in violation of this AUP.

Usenet SPAMing: HostMyDomainNow 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 HostMyDomainNow service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of HostMyDomainNow'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 account is subject to immediate termination.

Copyright or Trademark Infringement: Use of HostMyDomainNow 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. Please see our DMCA (The Digital Millennium Copyright Act) Policy.

Collection of Personal Data: Use of HostMyDomainNow service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

Network Disruptions and Unfriendly Activity: Use of HostMyDomainNow service for any activity which affects the ability of other people or systems to use HostMyDomainNow 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. HostMyDomainNow 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. Please see our DMCA (The Digital Millennium Copyright Act) Policy.

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 HostMyDomainNow services could result in suspension of service.

Third Party Accountability: HostMyDomainNow 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.

Forbidden Content: It is absolutely forbidden to host illegal content or IRC servers. Accounts found hosting this material will be subject to immediate cancellation without refund.

Warez / Nulled Scripts: Warez / Nulled Scripts are not allowed on any of our services including VPS and Dedicated Servers. This also includes warez link sites / forums / blogs that link to warez material.

Adult Content: Adult content is NOT allowed on any of our services except for VPS and Dedicated Servers where child pornography is strictly prohibited and the only pornography allowed is legal/un-copyrighted material (unless you hold the copyright. Proof may be requested), and images/content containing males/females 18 years of age or older. Any pictures/video which are obtained illegally are prohibited.

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. The server 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 guilty of a second violation will result in immediate account termination.

Banned Scripts: We do not allow proxy servers or scripts, torrent trackers or torrent clients to be run from our shared/reseller hosting servers.

IMPORTANT NOTICE: BEGINNING IMMEDIATELY, anyone hosting websites or services on their account that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account immediately removed from our network. The account 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 account to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the account from our network without notice to the customer. Any account guilty of a second violation WILL be immediately and permanently removed from our network without notice.

NOTICE: HostMyDomainNow doesn't register/install any 3rd party DLLs/EXEs or software on our shared/reseller hosting servers.

Software Distribution

HostMyDomainNow shared and reseller web hosting accounts are not to be used for the purposes of distributing software and multimedia products. If you wish to distribute software and/or multimedia files, please contact us for special arrangement.

Multimedia Files

Multimedia files are defined as any graphics, audio, and video files. HostMyDomainNow shared and reseller web hosting accounts are not to be used for the purposes of distributing and storing unusual amount of multimedia files. Any Web site whose disk space usage for storing the multimedia files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of multimedia files.

Backups

HostMyDomainNow performs daily backups on all servers to ensure critical files are never lost. However HostMyDomainNow is NOT responsible for lost data, time, income or any other resource due to faulty backups or non-existent backups.

Please always backup your own data for redundancy. The data on our servers are backed up to an offsite server on a daily and weekly basis. Due to the nature of hard drives having errors or issues we can not ensure 100% recovery, however we will always strive to recover 100%.

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 HostMyDomainNow'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 Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, C Shell 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 HostMyDomainNow to provide this knowledge or support outside matters non specific to HostMyDomainNow servers.

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. HostMyDomainNow 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

HostMyDomainNow 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. Please see our Resource Abuse Policy for more information.

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 HostMyDomainNow systems or networks. HostMyDomainNow reserves the right to terminate or limit such activities. Please see our Resource Abuse Policy for more information.

Actions Taken

The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. HostMyDomainNow will be the sole arbiter as to what constitutes a violation of the AUP. HostMyDomainNow reserves the right to remove any account without prior notice.

When HostMyDomainNow becomes aware of an alleged violation of its AUP, HostMyDomainNow will initiate an investigation. During the investigation, HostMyDomainNow may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, HostMyDomainNow may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, HostMyDomainNow will notify the appropriate law enforcement authorities of such violation.

HostMyDomainNow does not issue credits for outages incurred through service disablement resulting from AUP violations.

HostMyDomainNow customers agree to indemnify and hold harmless HostMyDomainNow from any claims resulting from the use of our services that damages them or any other party. The HostMyDomainNow service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. HostMyDomainNow expressly disclaims any representation or warranty that the HostMyDomainNow service will be error-free, secure or uninterrupted. No oral advice or written information given by HostMyDomainNow, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. HostMyDomainNow and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Modification

HostMyDomainNow reserves the right to add, delete, or modify any provision of this Policy at any time without notice.

Refusal Of Service

We reserve the right to refuse, cancel, or suspend service at our sole discretion.

REPORTING VIOLATIONS OF HOSTMYDOMAINNOW AUP

HostMyDomainNow requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department by opening a support ticket Here

If available, please provide the following information:

Other situations will require different methods of providing the above information. HostMyDomainNow may take any one or more of the following actions in response to complaints:


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