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All customers of Premium Hosting, Inc. ("Premium Hosting") are responsible for reviewing and complying with this Acceptable Use Policy (the "Policy"). Premium Hosting customers who provide services to their own users must affirmatively and contractually pass on the restrictions of this Policy to their users, and take steps to ensure compliance by their users with this Policy including, without limitation, termination of users who violate this policy. For the purposes of this Policy, "Customer" shall be defined to include Premium Hosting's customers and also a customer's users and account holders. This Policy is subject to change with notice by publication on this Web site; customers are responsible for monitoring this web site for changes. The actions described below are defined by Premium Hosting as "system abuse" and are strictly prohibited under this Policy. The examples named below are not exhaustive and are provided solely for guidance to Customers. If any Customer is unsure of whether a contemplated use or action is permitted, it is Customer's responsibility to determine whether the use is permitted by contacting Premium Hosting via electronic mail. The following activities are expressly prohibited, and Premium Hosting expressly reserves the right, at its discretion, to pursue any remedies that it believes are warranted which may include, but is not limited to suspending or terminating accounts, end-users or Customers that engage in system abuse or who refuse to address user abuse: Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward Premium Hosting, but also because it can overload Premium Hosting's network and disrupt service to Premium Hosting subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Premium Hosting has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list. Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Premium Hosting is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Premium Hosting's policy to terminate the privileges of customers who commit repeat violations of copyright laws. Obscene Speech or Materials. -- Using Premium Hosting’s network or otherwise transmitting, posting, storing, linking or distributing any material that is obscene, contains explicit or graphic descriptions or accounts of sexual acts or sexual language of a violent or threatening nature or constitutes child pornography under applicable law. Defamatory or Abusive Language – Using Premium Hosting’s network, or otherwise transmitting, posting, storing, linking or distributing material that victimizes, harasses, degrades, threatens to harm or intimidates an individual or group of individuals, including without limitation minors, on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability. Using Premium Hosting's network or otherwise transmitting, posting, storing, linking or distributing any threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent or tortious information or information that is invasive of another’s privacy. Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message. Illegal or Unauthorized Access to Other Computers or Networks -- Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity). Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment. Facilitating a Violation of this Policy -- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software. Export Control Violations -- Exporting encryption software over the Internet or otherwise, to points outside the United States. Usenet Groups -- Premium Hosting reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP. Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software. Other Activities -- Engaging in activities, whether lawful or unlawful, that Premium Hosting determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations. INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A Premium Hosting CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER. Complaints regarding any of the above violations of the Policy should be sent to abuse@Premiumhosting.net. Carrier Sales |
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