Acceptable Use Policy
As
a high-quality web hosting provider, Plzhost.com 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
Plzhost.com’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 Plzhost.com by spamming from
some other source), trolling (posting controversial messages
in newsgroups to generate responses), mailbombing
(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 "mailbombed"
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@Plzhost.com).
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.
Plzhost.com 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, Plzhost.com
will not substitute itself for a court of law in deciding
tort claims raised by the third party.
Abuse
of the law.
Plzhost.com’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. Plzhost.com 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
Plzhost.com’s servers. Unless prior arrangements have been
made.
Abuse
of Plzhost.com’s Server Resources. Running programs in the background on a Plzhost.com’s
server without Plzhost.com’s prior written authorization,
or running chat rooms, Internet Relay Chat, IRC bots, and
the like are not acceptable uses of Plzhost.com’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 15% of bandwidth allotted per month
without communication can be
terminated without prior notice.
Hacking/Cracking.
Plzhost.com 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@Plzhost.com
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 Plzhost.com'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
Plzhost.com to provide this knowledge or support outside
matter specific to Plzhost.com's servers.
Backups.
Full backups are made daily and 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 Plzhost.com, Plzhost.com 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, Plzhost.com
will attempt to recover the data from the most recent
archive for a $75.00 fee.
Resellers. Resellers
are responsible for the conduct of their Customers and by
agreeing with this AUP, agree that their Customers will
adhere to the AUP. Resellers should make their perspective
Customers aware of the AUP and the consequences for
violation.
IP
numbers.
Plzhost.com 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.
Plzhost.com shall not be responsible for any claimed
damages, including incidental and consequential damages,
which may arise from Plzhost.com’s servers going off-line
or being unavailable for any reason whatsoever. Further,
Plzhost.com 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 Plzhost.com’s servers. All damages shall be
limited to the immediate termination of service.
Plzhost.com
shall be the sole arbiter of what is and is not a violation
of these acceptable use policies. Plzhost.com reserves the
right to terminate an account at any time and for any reason
that causes harm to any Plzhost.com customer's web sites.
Plzhost.com reserves the right to delete all content and
files upon termination. Plzhost.com reserves the right to
withhold any pre-paid funds for any site removed for
violations of these policies. Plzhost.com reserves the right
to refuse, cancel, or suspend service at our sole
discretion.
Plzhost.com
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.
Governing
Law
The Plzhost.com website, Plzhost.com Global Server and all
services provided on or through the Plzhost.com website, or
the Plzhost.com Global Server are subject to United States
Law and to the exclusive jurisdiction of the courts of
Albuquerque, New Mexico, United States of America.
Violations
of these Acceptable Uses Policies should be referred to abuse@plzhost.com
All
complaints will be investigated promptly.
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