WebHost.pro | Acceptable Use Policy and Terms Of Service Agreement (Updated 01-02-2011
---Acceptable Use Policy and Terms Of Service Agreement---
Agreeing to WebHost.pro Acceptable Use Policy and Terms of Service is mandatory for Hosting signing up or using our services. Please make sure you read everything. The following rules apply to sites you host with WebHost.pro
Acceptable Use Policy
During the term of its agreement with WebHost.pro, the customer must ensure that the use of any resource offered to the customer or owned or controlled by WebHost.pro ("Service") conforms with WebHost.pro's then current Acceptable Use Policy ("AUP"). WebHost.pro may modify, without prior notice, the AUP as WebHost.pro deems appropriate; such modified AUP is effective upon posting on WebHost.pro's website.
You are responsible for your sites and all sites that you host to be in accordance with all rules on this page. Misuse by you may result in actions on your account, including removal from the host without a refund.
The Service must not be used to publish, post, distribute or otherwise disseminate unlawful material or information including, but not limited to: threatening, harassing, defamatory, obscene, or fraudulent information and materials, or proprietary, copyrighted, or otherwise intellectually protected information and materials for which Customer does not have authorization or authority to possess or distribute. The Service must not be used to request unlawful services or materials. The Service must not be used for activities WebHost.pro deems to impact its customers or its ability to deliver services to its customers. Such activities may include, but are not limited to:
Intellectual Property Infringement
Any activity infringing on the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, and patents.
Sending unsolicited commercial bulk email ("UCE"), news postings or chain letters; advertising transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate sending UCE; use of web pages that allow "spam"ing (known as "ghost sites") that directly or indirectly refers to domains or IP addresses hosted by WebHost.pro. WebHost.pro reserves the right to determine in its sole discretion what constitutes UCE based on the information available. Sending any email to purchased lists or lists obtained by any other method (such as harvesting) is not acceptable. Customers may only send email to recipients who have joined mailing lists directly from their site.
Maintaining an Open Email Relay
Allowing email to be sent through Customer's system by a third party (i.e. neither to nor from Customer or Customer's accounts).
Using a false identity; using pyramid/ponzi scheme; storage or transmission of any intentionally incorrect data or packet.
Virus, Worm, or Trojan horse program distribution
The deliberate transmission of computer viruses, worms or trojan software.
Denial of Service
Using any technique to intentionally degrade or disable the delivery of any legitimate data.
Glutting of servers
Oversized storage of any files that would be unreasonably large (ie. making a zip file filled with text files just to pad the size).This slows down the server, backup process, and site restore if needed.
Attempting to gain unauthorized entry to any site or network, or any network or host scanning, probing, monitoring or other information gathering associated with such activity; using the Service to guess passwords.
Customer may not run any program or script on the server that runs constantly or 'listens' on ports unless provided in the control panel. This includes applications associated with chat services.
Customers sending bulk email must provide recipients with an easy and effective mechanism for removal from bulk email list. Customer must include the source of the addressee's address in each bulk email message.
Customer may not resell the Service or any portion of the Service unless under a Reseller plan.
Customer is responsible for protecting passwords and for any authorized or unauthorized use.
Customer may not with out permission have sound/video files in any format (MP3, ASX, ASF, RA, RAM , QTV) due to the high rate of illegal transfer of copy written material.
Customer agrees to provide appropriate protection to prevent minors (persons under 18 years of age) from accessing any unsuitable material that Customer publishes via any Service.
Customer is responsible for all content or information residing on, or obtained, or transmitted via, the Service, regardless of whether such use is by Customer.
File repository /Dump Sites
Customer may not use disk space as a file repository, or dump site. This includes but is not limited too; warez, serialz, sound files, applications, zip files. This includes using the space in order to store content used on other sites (remote linking) . Examples of this would be using the web space to store images for auction descriptions, flash or any other files used on another site but stored on our server.
Free Email / Hosting Sites
We do not permit the free giving of POP email accounts or the issuing of free hosting. This includes near free (1 penny per year for instance).
Facilitating AUP Violation
Customer activity that facilitates the violation of this AUP by any party constitutes a violation of this AUP by Customer.
Violation of the AUP may subject Customer to international, federal, and/or state civil and/or criminal liability, including without limitation, Ohio Business & Professional Code. WebHost.pro reserves the right in its sole discretion and without prior notice to suspend and/or terminate Customer's access to the Service at any time for violating this AUP. WebHost.pro also reserves the right to suspend, filter or block, and/or terminate Customer's access if Customer's account is being used to exploit or attack the Service or the networks of others. If Customer's account has been compromised and attempts to reach Customer and/or to have Customer repair a breach of security fail, WebHost.pro reserves the right to suspend or terminate Customer's service. If Customer's access is suspended or terminated, WebHost.pro, in its sole discretion, may refuse to accept all new e-mail sent to the terminated e-mail address and delete Customer's data stored on Service. WebHost.pro will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.
Violation of Rules
Breaking any of these aforementioned rules may result in immediate account suspension with out refund, as well as criminal prosecution where deemed necessary.
LIMITATION OF LIABILITY: WebHost.pro (WebHost.pro) shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from servers going off-line or being unavailable for any reason whatsoever. Further, WebHost.pro (WebHost.pro) shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of WebHost.pro (WebHost.pro) servers. All damages shall be limited to the immediate termination of service. WebHost.pro (WebHost.pro) shall be the sole arbiter of what is and is not a violation of these acceptable use policies. WebHost.pro (WebHost.pro) reserves the right to terminate an account at any time and for any reason that causes harm to any customer's web sites. WebHost.pro (WebHost.pro ) reserves the right to delete all content and files upon termination. WebHost.pro (WebHost.pro) reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. WebHost.pro (WebHost.pro) reserves the right to refuse, cancel, or suspend service at our sole discretion. WebHost.pro (WebHost.pro) reserves the right to change these Policies without prior notice or warning. Non-enforcement of any part of these Policies does not constitute consent.
Digital Millennium Copyright Act (DMCA) Agreement
You may not use the Service in any manner that infringes upon any copyright. Such infringement may include, but is not limited to selling counterfeit goods, unauthorized copying of photographs, books, music, videos, or any other copyright protected work. It is our policy to promptly investigate compliant notices of alleged copyright infringement that are provided to us in writing regarding Content hosted on or otherwise displayed via our systems. Our response to such notices may include removing or disabling access to the Content or website claimed to be the subject of infringing activity. In almost all cases we will contact the website or server owner to make sure the content is removed or not what it is claimed.Our goal is to protect the customer but we have to abide by all legal procedures.
If a party wishes to file a claim of copyright infringement regarding Content hosted on or otherwise displayed via our systems may file notice via either email or postal mail. Any person or party who requires assistance filing a claim of copyright infringement should consult or hire a lawyer or other legal professional for assistance. NOTE: Any person who knowingly materially misrepresents that material is infringing, or that it was removed or blocked through mistake or misidentification, is liable for any resulting damages (including, but not limited to costs and attorney's fees) incurred by the alleged infringer, the copyright holder or its licensee, or the service provider.
To email, send to email@example.com
To send via postal mail, send to:
1020 N Hollywood Way #153
Burbank, CA 91505
The law requires very specific language be present in any notice of alleged copyright infringement. As set forth in the DMCA, in order to be effective, a notice of copyright infringement must include all of the following:
The physical or electronic signature of complaining party;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the content (i.e. the specific URLs where the allegedly infringing activity is said to be taking place);
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
A counter notification is a legal request for Media Temple to re-enable or otherwise restore access to the material claimed to be the subject of infringing activity. The law requires very specific language be present in any counter notice. As set forth in the DMCA, in order to be effective, a counter notice must include all of the following:
The physical or electronic signature of the alleged infringer or an agent authorized to act on behalf of the alleged infringer (such as an attorney);
Identification of the material that was removed (or to which access was disabled) and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the alleged infringer (or his/her authorized agent) has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
The alleged infringer's (or his/her authorized agent's) name, address, and telephone number, and a statement that the alleged infringer (or his/her authorized agent) consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the alleged infringer's (or his/her authorized agent's) address is outside of the United States, for any judicial district in which the service provider may be found, and that the alleged infringer (or his/her authorized agent) will accept service of process from the person who provided notification under subsection or an agent of such person.
Upon receipt of an infringement counter notice that substantially complies with the counter notification requirements set forth in the DMCA, the DMCA requires us to provide the complaining party with a full copy of the counter notice provided to us by the alleged infringer or his/her authorized agent. The DMCA also requires us to permit the alleged infringer to restore access to the material claimed to be the subject of infringing activity, within no less than ten business days and no more than fourteen business days following our receipt of a compliant counter notice, unless we first receive notice that the complaining party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity. Be advised, regardless of whether or not the complaining party files an action seeking a court order to restrain the alleged infringer from engaging in infringing activity, the complaining party may still maintain the right to seek relief in a court of law. It is our policy to adhere to all orders of the court. Any court order issued in connection with a complaint that has been filed against the alleged infringer with which we are served will, with immediate effect, supersede any allowance we may have made permitting the alleged infringer to re-enable or otherwise restore the access to the material claimed to be the subject of infringing activity. A filing of a copyright infringement counter notice may result in litigation between and among the parties.