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PROHOSTING
CORPORATION ACCEPTABLE USE POLICY
By
subscribing to, or utilizing, ProHosting Corporation's
(ProHosting) Web hosting or any related services,
you agree to abide by this Acceptable Use Policy.
Your utilization of ProHostings services constitutes
your express agreement to abide by this Acceptable
Use Policy (the Rules"), as the same may
be changed from time-to-time by ProHosting, at its
sole and absolute discretion. These Rules are designed
to enhance the quality of our Web Hosting services
and to protect our customers, and the Internet community
as a whole, from illegal, irresponsible, or disruptive
Internet activities. These Rules apply to all customers
of ProHosting. We hope and expect that common sense
and good judgment will guide all of our customers'
use of our ProHosting Services. Even with such Rules
in effect, minors should be supervised when using
the Internet. Adults and minors should be aware of
what is on the Internet and to understand the concept
of what is accepted and what should be avoided. The
following non-exhaustive list details the kinds of
illegal or harmful conduct, which are prohibited.
ProHosting reserves the right to restrict or prohibit
any and all uses of its services or content on your
Web site and to remove such materials, including your
website, from its servers at any time ProHosting determines
in its sole discretion that such content or materials
violates this Agreement, is illegal, or is harmful
to its servers, systems, network, reputation, good
will, other ProHosting customers, or any third party.
Depending on the severity of the violation and the
history of your account, ProHosting may take any reasonable
disciplinary action it determines in its sole and
absolute discretion, including, but not limited to,
one or more of the foregoing or following actions:
(a) issuance of a verbal or written warning; (b) suspension
of your account; (c) termination of your account;
(c) billing for administrative and legal costs and
fees and/or reactivation costs. All of the foregoing
rights are cumulative, and the exercise of any right
at any time shall not preclude the exercise of any
other right, or the same right, at any other time
for the same violation or any subsequent violation
Illegal or Improper Activities. You may not
use ProHostings services or servers in any manner
in violation of any state, local or federal law of
the United States of America, or any of its states
or which in any manner is in violation of any applicable
local or national law of any country. Such violations
and activities include, but are not limited to, violations
of U.S. or other applicable foreign export laws or
restrictions including the U.S. Export Administration
Act and accompanying regulations, posting or trafficking
in government secrets, providing any information to
in any way assist or encourage any terrorist activities,
providing any information concerning nuclear or biological
weapons or other weapons of mass destruction, posting
or trafficking in obscene material, solicitation of
a minor or others for illegal acts, dealing drugs,
harassment, fraud, stalking, abuse, or other subject
matters that are prohibited under applicable federal,
state, local or foreign law.
Dangerous
Activities. You may not use ProHostings
services or servers to post or disseminate in any
manner, any information or material which may be dangerous,
damaging or injurious to persons or property or which,
directly or indirectly, may be used to create danger,
damage or injury to persons or property.
Infringement.
You may not use ProHostings services or servers
in any manner which infringes the intellectual property
rights or other proprietary rights of any third party
including, without limitation, material protected
by copyright, trademark, patent, trade secret, or
other intellectual property right used without proper
authorization. Infringement may result from, among
other activities, the unauthorized copying and posting
of pictures, logos, software, articles, musical works,
and videos. In compliance with the Digital Millennium
Copyright Act (DMCA), please send DMCA
notifications of claimed copyright infringements to:
Director of Security, ProHosting Corporation, 801-226-5252,
security@prohosting.com,
PO Box 702, Midway, UT 84049.
Fraudulent
Activities. You may not offer or disseminate fraudulent
goods, services, schemes, or promotions (i.e., make
money fast schemes, chain letters, pyramid schemes,
ponzi schemes), or furnish false data on any signup
form, contract or online application or registration,
or fraudulently use any information obtained through
the use of ProHostings servers or services,
including without limitation use of credit card numbers.
Offensive
Subject Matter. You may not use ProHostings
services or servers for transmitting, disseminating,
sale, storage or hosting subject matter that is unlawful,
libelous, defamatory, obscene, pornographic, indecent,
lewd, filthy, excessively violent, harassing, threatening,
hateful, harmful, invasive of privacy or publicity
rights, abusive, inflammatory or otherwise objectionable.
You may not use ProHostings services or servers
to conduct any sexually oriented business or disseminate
pornographic pictures, videos, banners, text or any
similar material. You may not use ProHostings
services or servers to threaten bodily harm or destruction
of property.
Harmful
Activities. You may not use ProHostings
services or servers for disseminating or hosting harmful
content including, without limitation, viruses, Trojan
horses, worms, time bombs, cancelbots or any other
computer programming routines that may damage, interfere
with, surreptitiously intercept or expropriate any
system, program, data or personal information.
Tortuous
Activities. You may not use ProHostings
services or servers for any tortuous conduct, including,
but not limited to, posting defamatory, libelous,
slanderous, scandalous, or private information about
a person or company without their consent; intentionally
inflicting emotional distress; making unlawful threats;
stalking, interfering with any contract or prospective
economic relations; engaging in fraud or deception;
engaging in sexual or other harassment; or for violating
any patents, trademarks, copyrights, or other intellectual
property rights.
Abusive Activities. You may not use ProHostings
services or servers for any abusive activities on
the Internet, including, but not limited to, activities
such as using a non-existent email return address,
spamming (sending unsolicited advertising to numerous
email addresses or newsgroups and/or generating a
significantly higher volume of outgoing email than
a normal user), or allowing spamming by third parties
to promote a website, trolling (posting outrageous
messages to generate numerous responses), mail-bombing
(sending multiple messages without significant new
content to the same user), subscribing someone else
to a mailing list without that person's permission,
cross-posting articles to an excessive number o newsgroups,
hacking ( unauthorized access to or use of data, systems,
server or networks, including any attempt to probe,
scan or test the vulnerability of a system or to breach
the security thereof), spoofing (any attempt to impersonate
any person or otherwise deceive or mislead through
alteration of headers); deletion of author attributions,
legal notices, or proprietary designations in an effort
to deceive or mislead; forging or altering any TCP-IP
packet header, email header or any part of a message
header, using manual or electronic means to avoid
any use limitations on you use of ProHostings
servers such as timing out; sending or disseminating
harassing email or chain letters; or use of flames
(hostile attacks or invectives aimed at a group or
an individual.
Misuse
of System Resources. You may not engage in any
uses or activities that misuse ProHostings services,
servers or system resources, including, but not limited
to employing or posting programs which consume excessive
CPU time or storage space; permitting use of mail
services, mail forwarding capabilities, POP accounts,
or autoresponders other than for your own account;
or resale of access to CGI scripts installed on ProHostings
servers.
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