We've developed this Acceptable Use
Policy (AUP) to help our Customers understand their responsibilities when using
our services. It explains our policies regarding activities that may be harmful
to our Users or compromise the efficiency of our shared hosting environment.
We may take preventative or
corrective action, at our discretion, in response to any of the activities
described in this AUP, along with any activities that contradict the spirit of
this AUP or the nature of the Internet as an open, efficient method of
communicating and conducting business.
To meet the changing needs of our
Users, our business, the Internet environment and the legal landscape, this AUP
may be revised at any time and we encourage you to review this AUP on our Web
site(s) periodically.
If you feel you have discovered a
violation of any area of our AUP, please report it to:
Total
Hosting
P.O. Box 491
Garden
City, NY 11530-0420
Fax: (631) 980-3713
or Contact Us
General Information.
As used herein, the term "User" or "Users" shall
include any and all users, Customers, subscribers, affiliates (including
without limitations Customers or non-Customers to whom Total Hosting
provides links or banners to promote the services or products of Total
Hosting or any third party the services or products of which are offered
by or obtained through or in connection with Total Hosting), resellers or
others (i) who sign up for, use or obtain services or products from Total
Hosting or from any third party services or products of which are offered
by or obtained through or in connection with Total Hosting, or (ii) who
visit the Web site of Total Hosting or of any such third party. As a
provider of Internet/World Wide Web access, Web site hosting, and other
Internet-related services, Total Hosting, ("Total Hosting")
offers Users, the means to acquire and disseminate a wealth of public,
private, commercial, and non-commercial information. Total Hosting
respects that the Internet provides a forum for free and open discussion
and dissemination of information, however, when there are competing
interests at issue, Total Hosting reserves the right to take certain
preventative or corrective actions. In order to protect these competing
interests, Total Hosting has developed this Acceptable Use Policy
("AUP"), which supplements and explains certain terms of each
User's respective service agreement and is intended as a guide to the
User's rights and obligations when utilizing Total Hosting's services.
This AUP will be revised from time to time. A User's use of Total Hosting's
services after changes to the AUP are posted on Total Hosting's Web site,
under the Terms of Service section, will constitute the User's acceptance
of any new or additional terms of the AUP that result from those changes.
One important aspect of the Internet is that no one party owns or controls
it. This fact accounts for much of the Internet's openness and value, but
it also places a high premium on the judgment and responsibility of those
who use the Internet, both in the information they acquire and in the
information they disseminate to others. When Users or others obtain
information through the Internet, they must keep in mind that Total
Hosting cannot and does not monitor, verify, warrant, or vouch for the
accuracy and quality of the information that users may acquire. For this
reason, the user must exercise his or her best judgment in relying on
information obtained from the Internet, and also should be aware that some
material posted to the Internet is sexually explicit or otherwise
offensive. Because Total Hosting cannot monitor or censor the Internet,
and will not attempt to do so, Total Hosting cannot and does not accept
any responsibility for injury to its Users or others that results from
inaccurate, unsuitable, offensive, or illegal Internet communications.
When Users or others disseminate information through the Internet, they
also must keep in mind that Total Hosting does not review, edit, censor,
or take responsibility for any information its users, customers,
subscribers or others may create. When Users or others place information
on the Internet, they have the same liability as other authors for
copyright infringement, defamation, and other harmful speech. Also,
because the information they create is carried over Total Hosting's
network and may reach a large number of people, including both Users and
subscribers and non-subscribers of Total Hosting, Users' postings to the
Internet may affect others and may harm Total Hosting's goodwill, business
reputation, and operations. For these reasons, Users violate Total Hosting
policy and the service agreement when they, their users, customers,
subscribers, employees, affiliates, or subsidiaries engage in activities
described herein.
Scope.
This AUP governs the usage of products and services of Total Hosting or of
any third party which are subscribed to or obtained through Total Hosting
(the "Services"). This AUP is incorporated by reference into
each contract Total Hosting or any such third party enters into with a
User for the use of such Services. Total Hosting may modify this AUP at
any time without notice. In addition, this AUP is incorporated by
reference into the Terms of Service applicable to the Web site of Total
Hosting so that no person who utilizes the Web site or services of Total
Hosting (regardless of whether that person is a User) may take any action
utilizing the Web site of Total Hosting that a User would be prohibited to
take utilizing the Services.
Purpose.
The purpose of this AUP is to enhance the quality of the Services and to
protect Users, and the Internet community as a whole, from illegal,
irresponsible, or disruptive Internet activities. This AUP applies to each
User. Each User should use common sense and good judgment in connection
with the Services. Parents or guardians should always supervise minors in
using the Internet. Parents and guardians should remain aware at all times
of what is on the Internet and how the minors under their care are using
the Services and the Internet.
Prohibited Uses.
Users may not:
Utilize the Services to send unsolicited bulk and/or
commercial messages over the Internet (known as "spam" or
"spamming"). It is not only harmful because of its negative
impact on consumer attitudes toward Total Hosting, but also because it
can overload Total Hosting's network and disrupt service to its Users
subscribers. Maintaining an open SMTP relay is prohibited. Any direct
action, configuration, or setting that causes excessive outbound e-mail
traffic is subject to review and possible action. When a complaint is
received, Total Hosting has the absolute and sole discretion to determine
from all of the evidence whether the e-mail recipients were from an
"opt-in" e-mail list, or whether the outbound e-mail traffic
generated from an account is suitable for a shared hosting environment.
Utilize the Services in connection with any illegal
activity or activity otherwise prohibited by this AUP. Without limiting
the general application of this rule, Users may not:
Utilize the Services for or
in connection with any activities or content determined by Total Hosting,
in its sole discretion, to be related to gambling, adult, obscene or
pornographic materials or content, harassment, defamation, libel and
hate speech or other offensive speech or content, or for any unlawful
purpose, including without limitation, fraud, money laundering, child pornography,
terrorist-related activities, activities in violation of U.S. export or
import laws, any executive orders, or any rules, regulations or orders
issued by Office of Foreign Asset Controls ("OFAC"),
infringement on rights of others, trafficking in illegal drugs, or any
products or services that are prohibited under applicable law, or which Total
Hosting determines to be controversial or disruptive to the operations
of Total Hosting or any other User or third party;
Utilize the Services to copy
material from third parties (including text, graphics, music, videos or
other copyrightable material) without proper authorization;
Utilize the Services to
misappropriate or infringe the patents, copyrights, trademarks or other
intellectual property rights of any third party;
Utilize the Services to
export encryption software to points outside the United States in
violation of applicable export control laws;
Utilize the Services to Forge
or misrepresent message headers, whether in whole or in part, to mask
the originator of the message; or
Utilize the Services in any
manner that violates applicable law.
Utilize the Services in connection with any tortious
or actionable activity. Without limiting the general application of this
rule, Users and Users may not:
Utilize the Services to
publish or disseminate information that (A) constitutes slander, libel
or defamation, (B) publicizes the personal information or likeness of a
person without that person's consent or (C) otherwise violates the
privacy rights of any person. Utilize the Services to threaten persons
with bodily harm, to make harassing or abusive statements or messages,
or to solicit the performance of acts or services that are illegal under
applicable law.
Utilize the Services in
connection with any other disruptive, controversial or abusive activity,
as determined by Total Hosting in its sole discretion. Without limiting
the general application of this rule, Users may not:
Utilize the Services to
cause denial of service attacks against Total Hosting or other network
hosts or Internet users or to otherwise degrade or impair the operation
of Total Hosting's servers and facilities or the servers and facilities
of other network hosts or Internet users; or
Post messages or software
programs that consume excessive CPU time, or storage space, or network
bandwidth; or
Utilize the Services to
offer mail services, mail forwarding capabilities, POP accounts or auto
responders other than for the User's own account; or
Utilize the Services to
resell access to CGI scripts installed on Total Hosting's servers; or
Utilize the Services to
subvert, or assist others in subverting, the security or integrity of
any Total Hosting systems, facilities or equipment; or
Utilize the Services to gain
unauthorized access to the computer networks of Total Hosting or any
other person; or
Utilize the Services to
provide passwords or access codes to persons not authorized to receive
such materials by the operator of the system requiring the password or
access code; or
Utilize the Services to (A)
forge the signature or other identifying mark or code of any other
person, (B) impersonate or assume the identity or any other person, or
(C) engage in any other activity (including "spoofing") to
attempt to deceive or mislead other persons regarding the true identity
of the User (excluding the use of anonymous re-mailers or Internet
nicknames); or
Utilize the Services to
distribute or post any virus, worm, Trojan horse, or computer code
intended to disrupt services, destroy data, destroy or damage
equipment, or disrupt the operation of the Services; or
Utilize the Services to
conduct port scans or other invasive procedures against any server
(except any server for which the User is an authorized system administrator);
or
Utilize the Services to
distribute, advertise or promote software or services that have the
primary purpose of encouraging or facilitating unsolicited commercial
e-mail or Spam; or
Utilize the Services to
solicit or collect, or distribute, advertise or promote, e-mail address
lists for the purpose of encouraging or facilitating unsolicited
commercial e-mail or Spam; or
Utilize the Services in any
manner that might subject Total Hosting to unfavorable regulatory, law
enforcement or other legal action, subject Total Hosting to any
liability for any reason, or adversely affect Total Hosting's public
image, reputation or goodwill, including, without limitation, sending
or distributing sexually explicit, hateful, vulgar, racially,
ethnically or otherwise objectionable materials as determined by Total
Hosting in its sole discretion;
While on a shared hosting
platform, utilize, operate, enable, execute, compile, upload or
publicly store source code, executable code, programs, or software
packages designed to perform tasks not directly associated with Web
site/e-mail hosting, including, without limitation, (A) directly
opening any listening port, (B) starting any 'daemon' process, (C)
performing local/remote security scans, (D) simulating local shell/OS
access by means of a tunneled/encapsulated connection to a remote host,
(E) circumventing firewall restrictions, (F) connecting to any IRC/Peer
to Peer file sharing server/network, (G) providing 'tracker' services
to 'BitTorrent' clients and/or (H) exploiting web browser
vulnerabilities, as determined by Total Hosting in its sole discretion;
or
Attempt to attack, disrupt,
or abuse the support- and contact-related mechanisms of Total Hosting,
including, but not limited to, telephone lines, e-mail addresses, fax
lines, bulletin boards or contact/signup forms; or
Utilize the Services in any
other manner to interrupt or interfere with the Internet usage of other
persons.
Violations:
Disclaimer. Total Hosting expressly disclaims any
obligation to and does not monitor its Users and other Users with respect
to violations of this AUP. Total Hosting has no liability or
responsibility for the actions of any of its Users or other Users or any
content any User may post on any Web site.
Reporting Non-Copyright Violations. Total Hosting
encourages Users to report violations of this policy by contacting us , including in any such report the name of the offending
domain (for example, xyz.com) and the type of abuse (for example, Spam,
illegal acts, harassment, etc.) in the "subject" field of the
e-mail.
Reporting Copyright Violations. Total Hosting complies
with the Digital Millennium Copyright Act ("DMCA").
Total Hosting encourages Users to report an alleged copyright
infringement involving a user by sending a notice that complies with the
standard DMCA procedures as per Title 17, United States Code, Section 512(c)(3)(A),.
Remedies. If Total Hosting learns of a violation of
this AUP, Total Hosting will respond to the applicable User and may, in Total
Hosting's sole discretion, take any or all of the following actions, with
or without notice as it deems necessary or appropriate in accordance with
the severity and duration of the violation:
Warning the User: and/or
Suspending the offending User
from the Services; and/or Terminating or cancelling, or disconnecting
the offending User from, the Services; and/or
Imposing fees or charges on
the offending User account in accordance with the applicable service
contract; and/or
Removing the offending
content; and/or
Taking other action in
accordance with this AUP, the applicable service contract or applicable
law.
Reservation of Rights. Total Hosting reserves the right to cooperate with and
provide any and all User information and data to appropriate legal
authorities in investigations or reporting of claims of illegal activity
involving Total Hosting's Services. Total Hosting reserves all other
rights to respond to violations of this AUP to the extent of applicable
law and in accordance with any applicable contractual obligations. Total
Hosting may utilize technical means to monitor communications into, and
out of, its network facilities to prevent the introduction of viruses or
other hostile code, to prevent intrusions and otherwise to enforce this
AUP and each User agrees that Total Hosting is authorized to monitor its
communications through Total Hosting's network for such purposes.
