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Acceptance Use Policy
I. Introduction
This Acceptable Use Policy ("AUP") has been created by EvidentHost and all of the entities controlling, controlled by, or under common control with EvidentHost to promote the integrity, security, reliability and protection of EvidentHost's network, facilities, offerings, and customers.
- EvidentHost may modify, without prior notice, this AUP as EvidentHost deems appropriate and such modified AUP will be effective upon posting on EvidentHost's web-site.
- Throughout the term of its Agreement with EvidentHost, Customer must ensure that the use of any service, product, or resource offered, owned, or controlled by EvidentHost to Customer ("Service") conforms to EvidentHost's then-current AUP. Customer will be held responsible for its use, its systems, the users of its systems and offerings, and, in the case of resellers, any third-party use.
II. Prohibited Uses
The Internet is a global interconnection of multiple networks that physically exist in multiple countries with diverse laws, regulations, and orders ("Laws"). For the purposes of this AUP, terms like "unlawful" or "illegal" apply to Laws globally and within the framework of applicable governing bodies. It is Customer's responsibility to be aware of the Laws that apply to the use of the Service and to ensure compliance with such Laws.
The Service shall not be used to post, transmit, re-transmit or store material which, in the judgment of EvidentHost:
- Violates local, state, federal, foreign, or international Law
- Could be considered obscene, indecent, defamatory, threatening or that otherwise could adversely affect any individual, group or entity ("Person").
- In addition to the other requirements of this AUP, the Service may be used only in a manner that in EvidentHost's sole discretion is consistent with the purposes of such Service. Customer should contact EvidentHost if unsure if any contemplated use or action is permitted.
- By way of example, and not limitation, uses described below are expressly prohibited:
General:
- Deceptive or fraudulent practices.
- Any activity infringing on the intellectual property rights of others, including, but not limited to, copyrights, trademarks, service marks, trade secrets, patents. If we receive any complaints from a software developer that you are using their software without a valid license, we will promptly investigate it. We will send you an alert for the first complaint, and cancel your account for the second complaint.
- Any "adult" oriented site.
- Actions that restrict or inhibit any Person, whether a customer, EvidentHost, or otherwise, in its use or enjoyment of any EvidentHost Service.
System and Network:
- The deliberate transmission of computer viruses, worms, trojan software, or other malicious programs.
- Interfering with, disrupting, or denying service including, but not limited to, using any technique to intentionally degrade or disable the delivery of any legitimate data (e.g., denial of service attacks).
- Attempting to gain unauthorized entry to any site or network, including but not limited to, executing any form of network probing, monitoring or other information-gathering on someone else's site or network.
- Attempting to circumvent host or user authentication or other security measures of any host, network or account.
- Maintaining an Open Email Relay/Open Data Relay or allowing any data to be sent through one's system by an unrelated third party, including but not limited to, open email gateways and open proxy servers.
Mail:
- Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material, who were not previous customers, or with whom the sender did not have an existing business relationship ("E-mail spam"). EvidentHost reserves the right to determine in its sole discretion and based on the information available (1) what constitutes spam as well as (2) what measures are necessary in response to spamming complaints.
- Harassment, including but not limited to, language, frequency or size of messages.
- Unauthorized use, or forging, of mail header information.
- Solicitations of mail for any other E-mail address other than of the poster's account or service with the intent to harass or to collect replies.
- Creating or forwarding "chain letters" or other "schemes" of any type.
- Use of unsolicited E-mail originating from within EvidentHost's network or networks of other Internet Service Providers on behalf of, or to advertise any service hosted by EvidentHost, or connected via EvidentHost's network.
Usenet Newsgroups:
- Posting the same or similar messages to large numbers of Usenet newsgroup ("Newsgroup spam").
- Posting excessive numbers of identical or similar messages to any number of Usenet newsgroups from EvidentHost's network or networks of other Internet Service Providers on behalf of, to advertise, any service hosted by EvidentHost, or via EvidentHost's network.
- Posting chain letters of any type.
- Posting encoded binary files to newsgroups not named for that purpose.
- Cancellation or superseding of posts other than your own.
- Forging of header information of the poster's account or service.
III. Additional Obligations
- Bulk Email: Bulk email must provide recipients with an easy and effective mechanism for removal from bulk email lists. The source of the addressee's address must be included in each bulk email message. Senders of bulk email must be able to prove that the actual owner of each email address on a list has agreed to receive bulk mailings from the sender before sending email to that list.
- Service Resale: Service or any portion of Service may not be resold unless authorized by EvidentHost in an executed wholesale contract.
- Password Protection: Customer is responsible for protecting passwords and for any authorized or unauthorized use of its systems and/or networks.
- Content Protection: Customer must provide appropriate protection to prevent minors (persons under 18 years of age) from accessing any unsuitable material published via any Service.
- Content Ownership: Customer is responsible for all content or information residing on, obtained or transmitted via the Service.
- Vulnerable Systems: EvidentHost reserves the right, without prior notice, to perform vulnerability tests on systems residing on IP address space belonging to EvidentHost which may be allocated for Customer use. The purpose of such testing includes, but is not limited to, testing of mail servers or proxy servers for unrestricted third party relaying. EvidentHost will use commercial reasonable efforts to ensure that such testing (1) will be non-intrusive in nature, and (2) will not adversely affect Service provided to Customer or compromise the security of Customer's network. Customer is responsible for correcting any system vulnerability upon notification. Customer must terminate operations of a known compromised system.
- Service Provided Equipment: Customer is responsible for any modification of, alteration to, or other tampering with any hardware provided with the Service.
IV. AUP Enforcement
- Violation of this AUP may subject Customer to international, federal, and/or state civil and/or criminal liability.
- Customer activity that facilitates a violation of this AUP by any party constitutes a violation of this AUP by Customer.
- If we receive any complaints about your domain being used to send spam we will promptly start an investigation. If we determine that spam was sent using your domain, we will send you an alert for the first offence and cancel your domain for the second offence. You will no longer be able to control the name servers for your domain, and instead a "domain cancelled for spam abuse" page will appear in its place.
- If we become aware that your domain is being used to host or promote any "adult" web-site, we will promptly cancel your account without prior notice. If you registered your domain through us, you may transfer it somewhere else where adult contents are allowed.
- EvidentHost reserves the right immediately and without prior notice to filter, block, suspend, and /or terminate access to the Service at any time for any conduct that EvidentHost, in its sole discretion, determines violates or which may violate this AUP or is otherwise harmful to EvidentHost's interests or the interests of others. If access is terminated, EvidentHost, in its sole discretion, may refuse to accept all new e-mail sent to the terminated e-mail address and may delete Customer's data stored on the Service.
- No refund for unused services shall be issued if an account is terminated for violation of this AUP.
- EvidentHost will cooperate with all court orders, subpoenas, and other similar government requests ordering EvidentHost to disclose information about use of the Service.
V. What We Do Support
We try our best to help you to set up your web-site and we will answer all of your questions regarding how to use CPanel / Plesk, how to set up email accounts and create databases. Don't worry if you don't know how to do them, we can help you.
- How to use CPanel / Plesk.
- Create email accounts.
- Create MySQL databases.
- Much more...
VI. What We Do Not Support
- Install software of your choice.
- Programming in PHP or Perl.
You should refer to their official web-sites or manuals to use them. We don't answer any questions regarding this issue.
VII. Miscellaneous
- We offer 30 days money back guarantee. Alternatively, you have the option to use our one-week free trial. We can extend it to two weeks, if you need more time to evaluate our services.
- EvidentHost makes every effort to answer your questions as quickly as possible.
- To report Spam or other abuse, send an email to
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