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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 (other than notices of
alleged infringement by our customers or any
court orders, subpoenas, search warrants, or
other legal process, the email address for all
of which is "legal@accountsupport-inc.com"),
please report it to:
AccountSupport
Legal Department
70 Blanchard Road
3rd Floor
Burlington, MA 01803
Fax: (781) 998-8277
E-mail: abuse@accountsupport-inc.com
IMPORTANT NOTE: IN THE EVENT YOU SEND US A
NOTICE OF ANY KIND VIA EMAIL AND DO NOT RECEIVE
A RESPONSE FROM US, PLEASE SUBMIT A DUPLICATE
COPY VIA PAPER AND/OR FAX (FAX # 781-998-8277).
DUE TO THE VAGARIES OF THE INTERNET, AND EMAIL
COMMUNICATION IN PARTICULAR, INCLUDING WITHOUT
LIMITATION THE BURDENS OF SPAM AND THE
OCCASIONAL, UNINTENDED EFFECTS OF SPAM FILTERS,
SENDING AN ALTERNATE FORM OF NOTICE (VIA PAPER
AND/OR FAX), WILL HELP ASSURE THAT YOUR NOTICE
WILL BE RECEIVED BY US AND ACTED ON IN A TIMELY
MANNER.
- 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 AccountSupport provides links or
banners to promote the services or products
of AccountSupport or any third party the
services or products of which are offered by
or obtained through or in connection with
AccountSupport), resellers or others (i) who
sign up for, use or obtain services or
products from AccountSupport or from any
third party services or products of which
are offered by or obtained through or in
connection with AccountSupport, or (ii) who
visit the Web site of Hosting Support or of
any such third party. As a provider of
Internet/World Wide Web access, Web site
hosting, and other Internet-related
services, AccountSupport, ("AccountSupport")
offers Users, the means to acquire and
disseminate a wealth of public, private,
commercial, and non-commercial information.
AccountSupport respects that the Internet
provides a forum for free and open
discussion and dissemination of information,
however, when there are competing interests
at issue, AccountSupport reserves the right
to take certain preventative or corrective
actions. In order to protect these competing
interests, AccountSupport 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
AccountSupport's services. This AUP will be
revised from time to time. A User's use of
AccountSupport's services after changes to
the AUP are posted on Hosting Support'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 AccountSupport
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
AccountSupport cannot monitor or censor the
Internet, and will not attempt to do so,
AccountSupport 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
AccountSupport 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 AccountSupport's network and
may reach a large number of people,
including both Users and subscribers and
non-subscribers of AccountSupport, Users'
postings to the Internet may affect others
and may harm AccountSupport's goodwill,
business reputation, and operations. For
these reasons, Users violate AccountSupport
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 AccountSupport
or of any third party which are subscribed
to or obtained through AccountSupport (the
"Services"). This AUP is incorporated by
reference into each contract AccountSupport
or any such third party enters into with a
User for the use of such Services.
AccountSupport 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
Hosting Support so that no person who
utilizes the Web site or services of Hosting
Support (regardless of whether that person
is a User) may take any action utilizing the
Web site of Hosting Support 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
AccountSupport, but also because it can
overload AccountSupport'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,
AccountSupport 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 AccountSupport,
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 AccountSupport determines to
be controversial or disruptive to
the operations of AccountSupport 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
AccountSupport 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 AccountSupport or other
network hosts or Internet users
or to otherwise degrade or
impair the operation of
AccountSupport'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
- Resell or allow access to or
use of, any of our Services
except as and only to the extent
permitted in one of our
authorized Reseller programs.
Further, by way of expansion and
not by limitation, you may not
store files or other data of
third parties on our servers; or
- Utilize the Services to
subvert, or assist others in
subverting, the security or
integrity of any AccountSupport
systems, facilities or
equipment; or
- Utilize the Services to gain
unauthorized access to the
computer networks of
AccountSupport 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
AccountSupport to unfavorable
regulatory, law enforcement or
other legal action, subject
AccountSupport to any liability
for any reason, or adversely
affect AccountSupport'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
AccountSupport 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 AccountSupport in its sole
discretion; or
- Attempt to attack, disrupt,
or abuse the support- and
contact-related mechanisms of
AccountSupport, 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. AccountSupport expressly
disclaims any obligation to and does not
monitor its Users and other Users with
respect to violations of this AUP.
AccountSupport 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.
AccountSupport encourages Users to
report violations of this policy by
e-mail to: abuse@accountsupport-inc.com,
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.
AccountSupport complies with the
Digital Millennium Copyright Act ("DMCA").
AccountSupport encourages Users to
report an alleged copyright infringement
involving a user by sending a notice
that complies with the DMCA which
information is located under the DMCA
Policy of this Web site.
- Remedies. If AccountSupport learns
of a violation of this AUP,
AccountSupport will respond to the
applicable User and may, in
AccountSupport'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.
AccountSupport 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
AccountSupport's Services. AccountSupport
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.
AccountSupport 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
AccountSupport is authorized to monitor its
communications through AccountSupport's
network for such purposes.
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