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Terms
Of Service (TOS) and AUP
| AUP
( Acceptable Use Policy ) |
Unmetered Hosting's
Acceptable Use Policy ("AUP") is provided to give our customers and
users a clear understanding of what Unmetered Hosting expects
of
them while using the service. All users of Unmetered Hosting's
Internet 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 AUP and our TOS (Terms of Service).
Use
of Unmetered
Hosting Service
constitutes acceptance and agreement to Unmetered
Hosting's AUP as well as
Unmetered
Hosting's TOS (Terms of
Service)
IMPORTANT
NOTICE:
*All Payments To Unmetered
Hosting Are Non-Refundable With the Excpetion of the 1st payment, which
carries a 15-Day money back guarantee*
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. Unmetered
Hosting 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 Unmetered Hosting account
or
other actions as detailed in Section 3
WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understand
of Unmetered Hosting's Acceptable Use Policy. The following
are
guidelines for the establishment and enforcement of Unmetered
Hosting'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
Unmetered Hosting intends to
provide its
customers access to everything the Internet has to offer. While
the Unmetered Hosting is firmly committed to the principles of
free speech, certain activities that may be damaging to the resources
of both the Unmetered Hosting and the Internet and cannot be permitted
under the guise of free speech. The resources of the Unmetered
Hosting 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 Unmeteredhosting.biz 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, video recordings, and audio
recordings.
If a Unmetered Hosting account is used to violate the
Acceptable
Use Policy 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. 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. If you have any questions regarding this policy, please
contact us at admin@unmeteredhosting.biz
VIOLATIONS
OF
Terabytes Hosting ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
Illegal
use: Unmetered
Hosting's
services may not be used for illegal purposes, or in support of illegal
activities. Unmetered Hosting 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 Unmetered
Hosting service to harm, or attempt to harm, minors in any way,
including, but not limited to child pornography.
Threats:
Use of
the Unmetered
Hosting 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 Unmetered
Hosting service to transmit any material (by e-mail, uploading, posting
or otherwise) that harasses another.
Fraudulent
activity: Use
of Unmetered
Hosting 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 infrmation 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 Unmetered Hosting 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 Unmetered Hosting
account.
IMPORTANT NOTICE:
BEGINNING
IMMEDIATELY , anyone
hosting
websites or services on our server that support spammers or cause any
of our IP space to be listed in any of the various Spam Databases will
have their server immediately removed from our network. The server will
not be reconnected until such time that you agree to remove ANY
and ALL
traces of
the offending material immediately upon reconnection and
agree to allow us access to the server to confirm that all material has
been COMPLETELY
removed. Severe violations may
result in immediate and permanent removal of the server from our
network without notice to the customer. Any server guilty of a second
violation WILL
be immediately and permanently
removed from our network without notice.
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 Unmetered
Hosting account.
E-mail
/ Message Forging:
Forging
any message header, in part or whole, of any electronic transmission,
originating or passing through the Unmetered Hosting service
is in
violation of this AUP.
Usenet
SPAMing: Unmetered
Hosting 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 Unmetered Hosting service to access, or to attempt to
access,
the accounts of others, or to penetrate, or attempt to penetrate,
security measures of Unmetered Hosting'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 Unmetered Hosting account is subject to immediate
termination.
Copyright
or trademark infringement:
Use of the Unmetered Hosting 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 Unmetered Hosting 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 Unmetered Hosting service for any activity which
affects the ability of other people or systems to
use Unmetered
Hosting 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.Unmetered Hosting 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.
System
Resources: Any one site or
reseller account found to be utilizing in excess of 10% of the system
resources at any given may shall be suspended. We
reserve
the right to terminate such account if we see fit.
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 Unmetered Hosting services could
result
in suspension service.
Downloads: In order to maximize
uptime on our
servers, downloads of any kind (media, backups, warez, etc.)
that
utilize more than 10% CPU resources are forbidden.
Third
Party Accountability: Unmetered
Hosting 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.
Violation
Of Unmetered
Hosting Virtual
Accounts: It is
absolutely forbidden to host illegal
pornographic content whereas the subjects are under the age of
majority, PROXY sites or IRC servers on Virtual Server Accounts.
Virtual Server Accounts found hosting this material will be subject to
immediate cancellation without refund.
IRC networks: It is
absolutely
forbidden to host an IRC server that is part of or connected to another
IRC network or server. Servers found to be connecting to or part of
these networks will be immediately removed from our network without
notice. The server will not be reconnected to the network until such
time that you agree to completely remove any and all traces of the irc
server, and agree to let us have access to your server to confirm that
the content has been completely removed. Any server guilty of a second
violation will result in immediate account termination.
Unlimited
/ Unmetered Hosting Packages
When
we
say unlimited domains, unlimited disk space and bandwidth, of course
there are terms & conditions that you must adhere to. This
means
unlimited webpages, domains and web graphics, not downloads or
streaming media. Our servers are shared hosting servers and memory and
CPU usage is not unlimited. CPU intensive files are not permitted on
our servers and accounts may not to be used to host a collection of
mp3s, audios, videos, anime, .rar files, Warez, gamers sites, shout
cast and similar, or to backup your computer or another source. They
may not be used for general storage of any type. They may not be used
as download mirrors or download/upload portals. They may not be used
for HYIP (High Yield Investment Programs), Ponzi schemes or pyramid
schemes. They may not be used to provide proxy servers. All content
stored on a reseller account must be directly used on the Internet by
the website associated with that account. These accounts may not be
used as a download distribution point for your software or media. They
are to be used for standard web practices only. This means that all
content stored on an unlimited account must be used for "acceptable"
website use. “Unacceptable” usage is anything that
a shared
server would not be able to provide under standard circumstances and
uses a high percentage of CPU or Memory (10%+) usage. Free hosting is
not permitted with unlimited packages, if you intend to offer free
hosting, please choose one of our metered packages. With unlimited
packages free hosting is only permitted within reason. Our servers are
intended to host websites offering products and a service, if you are
giving away free hosting space that is compromising our business
customers, we reserve the right to request that you switch to a metered
package. While the sale of eBooks and other legal .zip products are
permitted within reason with the unlimited package, hosting and storage
of mass quantities where our servers are used as a distribution point
is not permitted.
Security
You are responsible for any misuse of your account, even if the
inappropriate activity was committed by a client, 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. Unmetered Hosting 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.
Network
Performance
Unmetered Hosting virtual
site and reseller
accounts operate on shared resources. Excessive use or abuse of these
shared network resources by one customer (eg. in excess of 10% CPU
usage) 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 termination of your
account.
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 Unmetered Hosting systems or
networks. Unmetered Hosting reserves the right to terminate or
limit such activities
REPORTING
VIOLATIONS
OF TERABYTES HOSTING AUP
Unmetered Hosting requests that anyone who believes that there
is
a violation of this AUP direct the information to the Abuse Department
at admin@unmeteredhosting.biz
If available, please provide the following information:
· The IP address used to
commit the alleged
violation
· The date and time of the
alleged violation,
including the time zone or offset from GMT
· Evidence of the alleged
violation
E-mail with full header information
provides all of
the above, as do system log files. Other situations will require
different methods of providing the above
information. Unmetered
Hosting may take any one or more of the following actions in response
to complaints:
· Issue written or verbal
warnings
· Suspend the Member's
newsgroup posting
privileges
· Suspend the Member's
account
· Terminate the Member's
account
· Bill the Member for
administrative costs
and/or reactivation charges
· Bring legal action to
enjoin violations
and/or to collect damages, if any, cause by violations
Hosting
Account
Cancellation
If
you are
on a monthly hosting package you can cancel your service anytime, we do
not have any contracts. If you purchased an annual package you may
request a refund within 7 days of purchase if you account was not
suspended due to breaking any of our policies. Canceling your
subscription will result in immediate cancellation of your hosting
account regardless of any remaining time left that you have pre-paid
for. Be sure that you have copies of your web files before you cancel
your hosting.
Data
Back-Up
Unmetered Hosting
will not be held responsible for any loss of data. It is up to the
hosting account to ensure you maintain a local copy of your web data
for your own back-up purposes.
REVISIONS
TO THIS ACCEPTABLE USE POLICY
Unmetered Hosting 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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