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Acceptable Use Policy
Overview
 

StayHosted.com's Acceptable Use Policy ("AUP") is provided to offer our clients and users a clear understanding of what StayHosted.com expects of them while using the service. All users of StayHosted.com's services: those who access some of our services but do not have accounts, as well as those who pay a service fee to subscribe to the services, must comply with this policy.

 

Use of StayHosted.com's services constitute acceptance and agreement to StayHosted.com's AUP as well as StayHosted.com's TOS (Terms of Service)

 

StayHosted.com supports the uncensored flow of information and ideas over the Internet medium and does not actively monitor subscriber activity under normal circumstances. Moreover, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroup, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP.

 

StayHosted.com may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of your StayHosted.com account WITHOUT PRIOR NOTICE.

 
StayHosted.com stresses the following points:
 
  • Ensure reliable service to our customers
  • Ensure security and privacy of our systems and network, as well as the networks and systems of others
  • Comply with existing laws
  • Maintain our reputation as a responsible service provider
  • Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
  • Preserve the value of Internet resources as a conduit for free expression and exchange of information
  • Preserve the privacy and security of individual users
Unacceptable Activities
  • Spamming (sending unsolicited advertising to those with which the customer has no existing business relationship)
    Posting off-topic advertising in newsgroups/Usenet
  • Spoofing (using a return e-mail address which is not the valid reply address of the sender or sending an e-mail message which does not contain enough information to enable the recipient to identify the party who is really sending the message)
  • Passive spamming StayHosted.com by spamming from some other source
  • Trolling (posting controversial messages in newsgroups to generate responses)
  • Mail bombing (inundating a user with e-mail without any serious intent to correspond)
  • Generating a higher volume of outgoing mail than a normal user (over 10% of available system resources)
  • 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 e-mail address available to the public does not constitute a request to receive messages.
  • Distribution of mass e-mailing programs is also prohibited. All recipients on a mailing list must have personally subscribed.
    • Mailing lists may not be used to distribute unsolicited e-mail.
    • Any customer repeatedly "mail bombed" or that attracts such behavior will be asked to leave

Abuse of StayHosted.com's server resources, running programs in the background on StayHosted.com's server without StayHosted.com's prior written authorization, or running chat rooms (that aren't provided as standard by StayHosted.com), Internet Relay Chat, IRC bots, more than 1000 e-mails a day and the like are not acceptable uses of StayHosted.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.

 

As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at abuse@stayhosted.com .

Violations of Acceptable Use Policy

The following constitute violations of this AUP:

   
Illegal use:
 
StayHosted.com's services may not be used for illegal purposes, or in support of illegal activities. StayHosted.com reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
   
Harm to minors:
 
Use of the StayHosted.com's services to harm, or attempt to harm, minors in any way, including, but not limited to child pornography. Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT
   
Threats:
 
Use of the StayHosted.com's services for transmitting any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
   
Harassment:
 
Use of the StayHosted.com's services to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
   
Fraudulent activity:
 
Use of StayHosted.com 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."
   
Hacking/Cracking:
 
StayHosted.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 contact abuse@stayhosted.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, webbots, 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.
   
Spam:
 
Any type of spam (sending unsolicited advertising to those with which the customer has no existing business relationship) is strictly prohibited. If you (or any of your users) are caught spamming on our servers, your account will be terminated and you will be fined $100 for each e-mail sent.
   
 
Any type of spam (sending unsolicited advertising to those with which the customer has no existing business relationship) is strictly prohibited. If you (or any of your users) are caught spamming on our servers, your account will be terminated and you will be fined $100 for each e-mail sent.
   
Unauthorized access:
 
Use of the StayHosted.com service to access, or to attempt to access the accounts of others, or to penetrate, or attempt to penetrate security measures of StayHosted.com'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 StayHosted.com account is subject to immediate termination.
   
 
Use of the StayHosted.com service to access, or to attempt to access the accounts of others, or to penetrate, or attempt to penetrate security measures of StayHosted.com'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 StayHosted.com account is subject to immediate termination.
   
Copyright or trademark infringement:
 
Use of the StayHosted.com 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.
   
Collection of personal data
 
Use of the StayHosted.com service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
Abuse of the Law
 

StayHosted.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.

 

StayHosted.com reserves the right to check system files, e-mail, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary.

Copyright Infringement - Software Piracy Policy

The StayHosted.com network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights.

   
 
Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. If caught with pirated software, you or your company may be liable under both civil and criminal law, and you may be fined up to $250,000 and/or receive up to 5 years in jail.
   
Network disruptions and unfriendly activity:
 
Use of the StayHosted.com service for any activity which affects the ability of other people or systems to use StayHosted.com 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. StayHosted.com 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.
   
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 StayHosted.com's services could result in suspension service.
   
Third Party Accountability:
 
StayHosted.com 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.
IP Numbers

StayHosted.com maintains control and ownership of any and all IP numbers and addresses that may be assigned to the client and reserves in its right to change or remove any and all IP numbers and addresses :
IP Address Overlap:
 
StayHosted.com administers the network on which customer servers reside. The customer may not use IP addresses not assigned to them by StayHosted.com staff. If a user wishes to use their own IP numbers, they must comply with our AUP and its etiquette and procedures. In addition, they must supply their own routing equipment or rent it from StayHosted.com
Security

You are responsible for any misuse of your account, even if a friend, family member, guest or employee committed the inappropriate activity. 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. StayHosted.com 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.
Backup
You are responsible for taking your own backups of files, SQL databases and other data using the cPanel backup feature or alternative method within the terms of your account with StayHosted.com. 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. If loss of data occurs due to an error of StayHosted.com's Acceptable Use Policy Amendments and Changes , StayHosted.com will attempt to recover the data at no charge to the client
Network Performance

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 results in impaired network performance is prohibited by this policy and may result in termination of your account.

 

You are prohibited from excessive consumption of resources, including CPU time, memory, hard disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of StayHosted.com systems or networks. StayHosted.com reserves the right to terminate or limit such activities.

 

* StayHosted.com 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).


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