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AUP

 

 

Background
From time to time Hostingfreak.net may impose reasonable rules and regulations regarding the use of its services. Such rules and regulations are called Acceptable Use policies (AUP’s) and are posted on the Internet at http://www.Hostingfreak.net.com/legal/ The AUP’s are not exhaustive and Hostingfreak.net reserves the right to modify the AUP’s at any time, effective upon either the posting of the modified AUP’s to www.Hostingfreak.net.com/terms or notification of the modified AUP’s. By registering for and using the services, and thereby accepting the terms and conditions of the Master Services Agreement or its equivalent, you agree to abide by the AUP’s as modified from time to time. Any violation of the AUP’s may result in the suspension or termination of your account or such other action as Hostingfreak.net deems appropriate. An unlisted activity may also be a violation of the AUP’s if it is illegal, irresponsible, or disruptive use of the Internet. No credits will be issued for any interruption in service resulting from policy violations.

VIOLATION OF ANY AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE CERVICES YOU RECEIVE FROM HOSTINGFREAK.NET. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE CERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS HOSTINGFREAK.NET'S POLICY TO TERMINATE REPEAT INFRINGERS. HOSTINGFREAK.NET RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME.

System And Network Security
Violations of system or network security are prohibited, and may result in criminal and civil liability. Hostingfreak.net may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network. Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network. Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting. Violators of the policy are responsible, without limitations, for the cost of labour to clean up and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Hostingfreak.net. Such labour is categorized as emergency security breach recovery and is currently charged at £125 per hour required. Enquiries regarding security matters may be directed to Gerald Dumas or Chris Collins at admin@hostingfreak.net. Hostingfreak.net is concerned with the privacy of online communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Hostingfreak.net urges its customers to assume that all of their online communications are insecure. Hostingfreak.net cannot take responsibility for the security of information transmitted over Hostingfreak.net's facilities.  

Customer Security Responsibilities / Internet Etiquette
The customer is expected to be familiar with and to practice good Internet etiquette (Netiquette). The customer will comply with the rules appropriate to any network to which Hostingfreak.net may provide access. The customer should not post, transmit, or permit Internet access to information the customer desires to keep confidential. The customer is not permitted to post any material that is illegal, libelous, tortuous, indecently depicts children or is likely to result in retaliation against Hostingfreak.net by offended users. Hostingfreak.net reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.

Copyright Infringement - Software Piracy Policy
The Hostingfreak.net network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. If caught with pirated software, you or your company may be liable under both civil and criminal law, and you may be fined up to $250,000 and/or receive up to 5 years in jail. In compliance with the Digital Millenium Copyright Act (the "DMCA"), please send DMCA notifications of claimed copyright infringements to: Mr. Gerald Dumas and Chris collins, Hostingfreak.net , Unit 22 Blackwell business park, blackwell shipston on stour , Warwickshire, CV36 4PE, UNITED KINGDOM or by e-mail to admin@hostingfreak.net. Hostingfreak.net will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

Lawful Purpose
All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or AUP is prohibited. This includes, but is not limited to: copyrighted material or material protected by trade secret and other statute or dissemination of harmful or fraudulent content. Using any Hostingfreak.net service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law is prohibited. Any conduct that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restriction in connection with use of Hostingfreak.net services or products is prohibited. Using the Hostingfreak.net network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited. Accounts hosted within Hostingfreak.net network are open to the public. You are solely responsible for your usage of the Hostingfreak.net network and servers and any statement you make on accounts hosted within the Hostingfreak.net network may be deemed "publication" of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libelous.

Child Pornography on the Internet
Hostingfreak.net will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. customers are ultimately responsible for the actions of their clients over the Hostingfreak.net network, and will be liable for illegal material posted by their clients. According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years. Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT Unsolicited Commercial Email/Unsolicited Bulk Email (UCE/UBE) Unsolicited commercial email (UCE) is defined by Hostingfreak.net as any electronic communication (e-mail, ICQ, IRC, Instant Messenger, pop-up ads via Windows Messenger Service, etc…) sent for purposes of distributing commercial information of any kind, soliciting the purchase or sale of products or services or soliciting any transfer of funds to a recipient who has not agreed to receive such communication. Unsolicited bulk e-mail (UBE) is defined by Hostingfreak.net as any electronic communication (e-mail, ICQ, IRC, Instant Messenger, pop-up ads via Windows Messenger Service, etc…) to multiple recipients who have not agreed to receive such communication.
Use of the Hostingfreak.net network, servers or services to transmit any unsolicited commercial or unsolicited bulk-e-mail is expressly prohibited, as is hosting web sites or services on a server which are advertised in any UCE/UBE. Hostingfreak.net also prohibits the sending of any fraudulent, malicious, harassing, false or misleading electronic communications, including, without limitation, chain letters, pyramid schemes, or e-mails with forged headers. Posting off-topic advertisements to Usenet discussion groups, ICQ, Instant Messenger, etc., is also expressly prohibited. Additionally, Hostingfreak.net customers are expressly prohibited from sending any UCE/UBE from our network or any email from another network that in any way references a document, image, or Web site that resides on the Hostingfreak.net network or in one of our datacenter’s. Violations of this type may result in the termination of the offending Hostingfreak.net account. Our customers are ultimately responsible for any violations of the AUP by their clients, and any violation of the AUP by a client of a Hostingfreak.net customer shall be deemed a violation of the AUP by such Hostingfreak.net customer.

Customers whose actions directly or indirectly result in Hostingfreak.net IP space being listed in any of the various abuse databases may be subject to having the offending domain(s), server(s), or user(s) immediately removed from our network. In addition, if Hostingfreak.net in its sole discretion determines that a customer is in violation of our AUP, Hostingfreak.net may, at its sole discretion, restrict, suspend or terminate a customer's account. Hostingfreak.net will, in most cases, attempt to contact a customer prior to suspension or termination of a server(s), but can not guarantee prior notification. Any server suspended or terminated for AUP violations will be reconnected only after the customer agrees to cease all activities that violate the Hostingfreak.net AUP and pays all applicable reconnect fees and related charges. Any server suspended a second time for AUP violations WILL be immediately and permanently removed from our network. Customers that Hostingfreak.net determines in its sole discretion to be in violation of the Hostingfreak.net AUP may be subject to additional fees or fines including, without limitation, any applicable reconnect fees. Violation of Hostingfreak.net's UCE/UBE policy may be reported to abuse@hostingfreak.net

Guidelines for Permission-Based Email
While Hostingfreak.net prohibits the use of its systems or network to send unsolicited email (UCE/UBE) as described above, customers may send permission-based email marketing, subject to the guidelines provided herein. Permission-based marketing is defined as electronic marketing that an end user agrees to receive. This is often referred to as 'opt-in' electronic marketing. All recipient information for such marketing conducted by Hostingfreak.net customers must be documented and catalogued by the customer. This information is to include date, time, originating IP and the location from which the email address or other recipient information was obtained. Additionally, a customer must at a minimum comply with the following guidelines, and any additional guidelines established by Hostingfreak.net from time to time in its sole discretion, to engage in permission-based email marketing without violating the AUP:

1. All commercial or bulk email originating from a Hostingfreak.net customer on the Hostingfreak.net network must have a working unsubscribe link. The customer must honour all requests to unsubscribe within 72 hours. Additionally, there must be text in the email stating that while all requests to unsubscribe are honoured, it may take up to 72 hours to process.

2. All commercial or bulk email originating from a Hostingfreak.net customer on the Hostingfreak.net network must clearly list the email address to which the email was originally sent (the intended recipient's email address) in the body of the message OR in the 'TO:' line of the email.

3. All Hostingfreak.net customers sending commercial or bulk email must have a working abuse@domain.com address from EVERY domain associated with the email campaign. Additionally, the abuse@ address must be prominently posted on the front page of the associated web site. Customers must regularly answer any messages sent to the abuse@ address.

4. All Hostingfreak.net customers sending commercial or bulk email must register the abuse@ address for every domain associated with commercial email they send at abuse.net.

5. All Hostingfreak.net customers sending commercial or bulk email must have a Privacy Policy/AUP posted for each domain associated with the email campaign.

6. All commercial or bulk email sent must include information about where the email address was obtained in the body of the email. For example: "You opted-in to receive this email promotion from our web site or from one of our partner sites."

7. All Hostingfreak.net customers sending commercial or bulk email must answer all complaints' requests for details regarding where the complainant "opted-in" to receive electronic marketing within 72 hours. This information must include the date, time, originating IP and the location from which the email address or other recipient information was obtained. Instructions on how to get this information must be stated clearly in the body of the email. For example, a statement similar to the following must be present in the body of the email: "If you would like to learn more about how we received your email address, please contact us at abuse@domain.com." Requests for "opt-in" information must be responded to within 72 hours. 8. All Hostingfreak.net customers sending commercial or bulk email must be able to track and identify anonymous complainants. There are several software packages (such as RoboMail) that can help accomplish this.

9. If a Hostingfreak.net customer is using an affiliate program to send commercial or bulk email through the Hostingfreak.net network and the affiliate program becomes subject to repeated abuse by users, the customer must discontinue use of the affiliate program or be subject to immediate suspension or cancellation.

10. All customers of Hostingfreak.net are required to have up-to-date and valid contact information on file with their registrar for any domain hosted on the Hostingfreak.net network.

Disclaimer
ostingfreak.net reserves the right to test portions of any customer's email list in response to complaints and request opt-in information from a random sample of that list at any time. Hostingfreak.net reserves the right to determine in its sole discretion the validity of any customer's email list. Any list Hostingfreak.net determines in its sole discretion to be in violation of this AUP must be removed immediately or the customer will be subject to immediate suspension or termination. Repeated violations will result in permanent suspension. · Hostingfreak.net reserves the right to test and otherwise monitor customer's compliance with the above guidelines and requirements at any time during the customer's term of service at Hostingfreak.net. If Hostingfreak.net determines in its sole discretion that the customer is not in strict compliance with the guidelines for permission-based e-mail marketing, then Hostingfreak.net may immediately suspend or terminate the customer's service.

IP Address Overlap
Hostingfreak.net administers the network on which customer servers reside. The customer cannot use IP addresses which were not assigned to them by Hostingfreak.net staff. Anyone found using IPs which were not officially assigned will be suspended from network access until such time as the IP addresses overlap can be corrected.

IRC
Hostingfreak.net allows the use of IRC inside the Hostingfreak.net network on IRC authorised server’s as long as the use of IRC on a Hostingfreak.net server does not violate any of the other terms of this AUP. If Hostingfreak.net in its sole discretion determines that a customer's server has become the source or target of any violation concerning the Hostingfreak.net Acceptable Use Policy (AUP), Hostingfreak.net reserves the right to suspend network access to that server. While Hostingfreak.net will attempt to contact the customer before suspending network access to the customer's server(s), prior notification to the customer is not assured. In certain cases, Hostingfreak.net will contact law enforcement and other agencies regarding these activities. Customers are responsible for all charges, as well as any fees relating to the investigation, suspension, administration and handling of their servers before, during and after the suspension period.

Cancellation
Hostingfreak.net reserves the right to cancel service at any time. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. All fees paid in advance of cancellation will be prorated and paid by Hostingfreak.net if Hostingfreak.net institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.).

Disclaimer of Responsibility
Hostingfreak.net is under no duty to look at each customer's or user's activities to determine if a violation of the AUP’s has occurred, nor do we assume any responsibility through our AUP’s to monitor or police Internet-related activities. Hostingfreak.net disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person's or party's violation of this policy. All resellers of Hostingfreak.net must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUP’s AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THESE AUP’s BY YOU.

 

We reserver the right to change "AUP" at anytime we see fit .

 

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