HostHeaven.net
Acceptable Use Policy
("AUP") is provided to give our customers & users
a clear understanding of what HostHeaven.net expects of them while
using our services. All users of HostHeaven.net's Internet services:
those who access some of our Services but do not have direct accounts
with us, as well as those who pay a service fee to subscribe to
our Services, must comply with this AUP & TOS (Terms of Service).
Use of HostHeaven.net Service constitutes acceptance and agreement to HostHeaven.net's
AUP & TOS (Terms of Service)
Network Performance
HostHeaven.net domain hosted accounts operate on shared resources. 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 which
impairs network performance is prohibited by this policy and may result in
immediate termination of your account without warning.
You are prohibited from excessive consumption of resources, including CPU time,
memory, disk space and session time. You may not use resource-intensive programs
which negatively impact other customers or the performances of HostHeaven.net systems or networks.
HostHeaven.net reserves the right to terminate or limit
such activities.
Disk Space & Bandwidth
Allocation
HostHeaven.net
allows x# of GIGs of Hard Drive Space and monthly bandwidth to
your domain account. Should you go over you allowed bandwidth
you will receive an email alert.
SSL Support
HostHeaven.net servers support SSL but you will need to acquire your own third
party SSL certificate through www.thwate.com or www.verisign.com to take
advantage of SSL services and upgrade to a Dedicated IP account.
Technical Support
HostHeaven.net provides Technical Support. We do not provide support for
configuring scripts on your account or any other support not directly related to
your hosting account (setting up your website pages, images, etc.)
Backups
Our control panel
gives you to option to make an 'instant' backup of your entire
cPanel account. It will archive your account and provide you with
a link to download the backup. You can then use this backup file
to restore your account on our servers if need be.
This backup gets everything associated with your account: e-mail accounts
(including the passwords and messages still on the system), FTP
accounts, add-on/sub/parked domains, databases, mailing lists,
EVERYTHING that is setup with the account.
It is the
clients responsibility to do all back ups of their site. If, in
the unfortunate event, something happens to your files, it is
your responsibility to have a local copy of your files. HostHeaven.net
is NOT held liable in any way for any files, money, time, effort,
etc... lost due to this unfortunate event.
HostHeaven.net
perform a weekly server backup. If you need us to perform a daily
backup for your domain, please contact us and we can arrange that
for you.
Furthermore,
if your files are lost, we will attempt to restore them as a gesture
of good faith, but make no promises what so ever about whether
the files will be brought back successfully or not. Again, back
ups are the client's responsibility. Backup/Restore is not
an available option with this hosting package special.
IRC &
Server Processing
- We currently
do not allow IRC or IRC bots to be operated on our servers.
- We currently
do not allow eggdrops to be operated on our servers.
- We currently
do not allow BNC to be operated on our servers.
Acceptable Use Policy
HostHeaven.net has a responsibility to protect each client and
to provide the best services available. The following guidelines
were designed to ensure these obligations are met.
Content
All services provided by HostHeaven.net may be used for lawful
purposes only. Transmission, storage or presentation of any information,
data or material in violation of any United States Federal, State
or City law is prohibited. This includes, but is not limited to:
copyrighted material, material we judge to be threatening or obscene
or material protected by trade secret and other statute. The subscriber
agrees to indemnify and hold harmless HostHeaven.net from any
claims resulting from the use of the service which damages the
subscriber or any other party. All pornographic content and sex-related
merchandising is prohibited on all HostHeaven.net servers. This
includes sites that may infer sexual content or links to adult
content elsewhere. HostHeaven.net will be the sole arbiter in
determining violations of this provision. Also prohibited are
sites that promote any illegal activity or present content that
may be damaging to HostHeaven.net servers or any other server
on the internet. Links to such materials are also prohibited.
Examples of unacceptable content
- Warez sites
- Pirated software
- Cracking programs of any kind
- FTP Sites for large downloads
- Spam supporting material (email lists)
- Uploading MP3/Real Audio™/Real Video™ (these files are not
allowed on our servers)
HostHeaven.net will be the sole arbiter as to what constitutes
a violation of this provision.
Commercial Advertising - Email - Mailing Policy and Limits
Spamming: The sending of unsolicited email, or the selling of
spam supporting material from a HostHeaven.net servers is prohibited.
Using an email address or domain that is maintained on an HostHeaven.net
machine as reference, or as a location of such activity is STRICTLY
prohibited. HostHeaven.net will be the sole arbiter as to what
constitutes a violation of this provision.
Limits
There is a 500 hourly email limit per domain this limit is also
applied towards mailman. If you send over this amount in any hour
most of the e-mails will bounce back with a undeliverable error.
Many of our servers have a 60 pop checks per hour limit per
domain. If you go over this you're likely to get a wrong password
error message saying login incorrect. Just wait an hour and it
will automatically unlock you. to prevent this from happening
again make sure to disable auto checking or at least set it to
something higher such as 10 minutes.
Any mailing list larger than 5,000 will require a semi dedicated
or dedicated hosting solution from us. Note: dividing one large
list into smaller lists to get below this limit is not allowed.
Mailing Lists Rules
1. Anytime you're sending a message no matter how large your
e-mail list is you must throttle it. We recommend you throttle
it to at the very least sending 1 email every 6 seconds. If the
mailing list software you're using does not allow you to throttle
you must switch to something else. We recommend phplist which
can be found in your control panel under fantastico. If you do
not throttle and you try sending let's say 500 emails the server
will try sending all 500 in 1 second which is not possible. This
will cause the server load to go very high and for the entire
server to be sluggish until this process is completed. It is our
job to keep the server up and running without being sluggish.
Anyone who causes the servers load to go high will be suspended
and the process will be terminated. If you choose not to throttle
you will most likely be suspended for crashing the server.
2. Any mailing list over 900 emails is only allowed to be sent
to during off-peak times to prevent high server loads. Off peak
times qualify as all day Saturday and Sunday, and 1am - 8 am eastern
time M-F.
3. You are not allowed to mail to a mailing list you were given
or purchased. This is spamming because they never agreed to you
personally sending them mail. We do not care how you justify it.
This is spam and will result in termination of the offending account.
4. Any unsolicited e-mail being sent will result in termination
of the offending account. We take a zero tolerance stance against
sending of unsolicited e-mail.
5. Any mailling list MUST comply with all guidelines set forth
by the United States.
These can be found at: http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.htm
6. No Direct SMTP mailers are allowed. An example of this is
DarkMailer. Any mail should be relayed through the local MTA (localhost:25)
for further delivery by the server and not done directly by scripts.
Server Abuse
Any attempt to undermine or cause harm to a server, or customer,
of HostHeaven.net is strictly prohibited.
AUP General Information
We support the uncensored flow
of information and ideas over the Internet and do not actively monitor
subscriber activity under normal circumstances. Similarly, we do not exercise
editorial control over the content of any web site, e-mail transmission,
newsgroups, 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. HostHeaven.net 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 either your HostHeaven.net account or other actions as detailed
in Section 3 WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understand of HostHeaven.net's
Acceptable Use Policy. The following are guidelines for the establishment and
enforcement of HostHeaven.net's AUP:
-
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
The HostHeaven.net intends to
provide its customers access to everything the Internet has to offer. While HostHeaven.net
is firmly committed to the principles of free speech, certain
activities that may be damaging to the resources of both the HostHeaven.net and
the Internet and cannot be permitted under the guise of free speech. The
resources of the HostHeaven.net and the Internet are limited, and abuse of these
resources by one user has a negative impact on the entire community.
We do not routinely monitor the activity of accounts except for measurements of
system utilization and the preparation of billing records. However, in our
efforts to promote good citizenship within the Internet community, we will
respond appropriately if we become aware of inappropriate use of our service.
You may not use your virtual site to publish material, which HostHeaven.net determines, at its sole discretion, to be unlawful, indecent or objectionable.
For purposes of this policy, "material" refers to all forms of
communications including narrative descriptions, graphics (including
photographs, illustrations, images, drawings, logos), executable programs, chat
programs, video recordings, and audio recordings (MP3 files). Excessive
storage of MP3 files & Video files are not permitted as these files consume
excessive resources on our servers.
If you're not the copyright
holder of the material placed on your site (unless the material is public
domain) please do not place this material on your virtual site as this will
result in the possible cancellation of your account. For purposes of this
policy, "material" refers to all forms of communications including
narrative descriptions, graphics (including photographs, illustrations, images,
drawings, logos), executable programs, video recordings, and audio recordings
(MP3 files).
NO ADULT orientated, Streaming
Media, Chat or Warez material may be stored on your virtual site.
If a HostHeaven.net account is used to violate our AUP and/or our TOS, we
reserve the right to terminate your service without notice. We prefer to advise
customers of inappropriate behavior and any necessary corrective action,
however, flagrant violations of the Acceptable Use Policy will result in
immediate termination of service (we will refund any unused hosting term left on
your account). Our failure to enforce this policy, for whatever reason, shall
not be construed as a waiver of our right to do so at any time.
As a member of our network community, you must use your Internet access
responsibly.
VIOLATIONS OF HostHeaven.net
ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
-
Illegal use: HostHeaven.net's services may not be used for illegal purposes, or in
support of illegal activities. HostHeaven.net 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 HostHeaven.net service to harm, or attempt to harm,
minors in any way, including, but not limited to child pornography.
-
Threats: Use
of the HostHeaven.net service to transmit any material (by e-mail,
uploading, posting or otherwise) that threatens or encourages bodily harm or
destruction of property.
-
Harassment:
Use of the HostHeaven.net service to transmit any material (by e-mail,
uploading, posting or otherwise) that harasses another.
-
Fraudulent
activity: Use of HostHeaven.net 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."
-
Forgery or
impersonation: Adding, removing or modifying identifying network header
information in an effort to deceive or mislead is prohibited. Attempting to
impersonate any person by using forged headers or other identifying
infirmation is prohibited. The use of anonymous remailers or nicknames does
not constitute impersonation.
-
Unsolicited
commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the HostHeaven.net
service to transmit any unsolicited commercial or unsolicited bulk e-mail is
expressly prohibited. Violations of this type will result in the immediate
termination of the offending HostHeaven.net account.
-
E-mail / News
Bombing: Malicious intent to impede another person's use of electronic mail
services or news will result in the immediate termination of the offending HostHeaven.net
account.
-
E-mail /
Message Forging: Forging any message header, in part or whole, of any
electronic transmission, originating or passing through the HostHeaven.net service is in violation of this AUP.
-
Usenet SPAMing:
HostHeaven.net has a zero tolerance policy for the use of its network for
the posting of messages or commercial advertisements, which violate the
rules, regulations, FAQ or charter of any newsgroups or mailing list.
Commercial messages that are appropriate under the rules of a newsgroup or
mailing list or that are solicited by the recipients are permitted.
-
Unauthorized
access: Use of the HostHeaven.net service to access, or to attempt to
access, the accounts of others, or to penetrate, or attempt to penetrate,
security measures of HostHeaven.net'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 HostHeaven.net account is subject to
immediate termination.
-
Copyright or
trademark infringement: Use of the HostHeaven.net 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 HostHeaven.net service to collect, or attempt to
collect, personal information about third parties without their knowledge or
consent.
-
Network
disruptions and unfriendly activity: Use of the HostHeaven.net service for
any activity which affects the ability of other people or systems to use HostHeaven.net
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. HostHeaven.net
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 HostHeaven.net services
could result in suspension/cancellation of service.
-
Third Party
Accountability: HostHeaven.net 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.
Security
You are responsible for any misuse of your account, even if the inappropriate
activity was committed by another user under you account, friend, family member,
guest or employee. 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. HostHeaven.net 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.
Refusal of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion. All Sub-Networks, distributive hosting sites and dedicated servers of
HostHeaven.net must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate account deactivation.
HostHeaven.net reserves the right to deny the refund of any monies paid thus far if these policies are broken.
REVISIONS TO THIS
ACCEPTABLE USE POLICY
HostHeaven.net 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.
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