Acceptable Usage Policy

Introduction
Hostakers (“Hostakers”, “we”, “us”). Hostakers employ an Acceptable Usage Policy to maintain the performance and integrity of our computer equipment. Breach of our Acceptable Usage Policy may result in account suspension or termination without refund.
You will be held responsible for all actions performed by your account whether done by you or by others! If server security is compromised, the account holder is responsible for all violations of Hostakers Terms of Service (the “Terms of Service”) and this Acceptable Use Policy (this “AUP”), including SPAM, and all disconnect and reconnect fees associated with violations.

General List of Violation of AUP
  • Child Pornography - Hosting, Distributing, or Linking to Pornography Involving a Person Under Legal Age
  • Copyright Infringement - Hosting, Distributing, or Linking to Copyright Infringed Materials
  • CPU/Memory/Resource Abuse - Consuming Excessive Amount of Server Resources Causing Server Performance Issues
  • DoS Source - Source of Denial of Service Attack
  • DoS Target - Target of Denial of Service Attack
  • Forgery - Faking an IP Address, Hostname, E-Mail Address, or Header
  • Fraud Site - Hosting or Linking to a Website Intended to Deceive the Public
  • HYIP - Hosting or Linking to a High Yield Investment Program Website
  • Identity Theft - Hosting, Distributing, or Linking to Stolen Account Identification Information
  • Infection - Hosting, Distributing, or Linking to Exploits, Trojans, Viruses, or Worms
  • IRC - Hosting Internet Relay Chat Server not authorized by Hostakers
  • Mass Storage - Storing Mass Amounts of Backups, Archives, Videos, etc.
  • Phishing - Identity Theft by Email Under False Pretense
  • Proxy Site - Hosting of or linking to an Anonymous Proxy Server
  • Bulk Email - No more than 500 emails of similar content (Opt In)
  • Spam Email - Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE)
  • Spam List - Hosting, Distributing, or Linking to Email Address Lists for Spam
  • Spam Site - A Site Advertised by Spam Email or Spam Web
  • Spam Ware - Hosting, Distributing, or Linking to Software Designed for Spamming
  • Spam Web - Unsolicited, Bulk, or Forged Site Advertisement in Web Logs, Forums, or Guestbooks
  • Spamhaus/RBL - Spam Causing Blacklisting of an IP at www.spamhaus.org/RBL for Malicious Activity
  • Terrorist Site - Hosting or Linking to a Site Advocating Terrorism
  • Toolz - Hosting, Distributing, or Linking to Tools or Instructional Material on Hacking/Cracking or Other Illegal Activity
  • Trademark - Hosting, Distributing, or Linking to Trademark Infringed Materials
  • Warez - Hosting, Distributing, or Linking to Crackz, Hackz, KeyGenz, Serialz, or Pirated Software
  • Any other material Hostakers judges to be threatening or obscene.

Network Misuse:
All clients are allowed access to the public and private network; however misuse of the network in any way, including interference, will result in a violation of this AUP. All violations of this AUP shall be subject to review by Hostakers, and an appropriate course of action shall be taken as determined by Hostakers in its sole discretion. Proper use of public network must comply with all local, state, and federal laws. Clients assume full liability for all content which they place on the server. Content displaying or transferring acts of copulation or exposed genitalia is prohibited, regardless of context. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting is deemed a violation of this AUP.

Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

UBE:
Sending unsolicited bulk and/or commercial messages over the Internet (also known as "spamming") is prohibited. This practice is harmful not only because of its negative impact on consumer attitudes toward Hostakers, but also because it can overload Hostakers's network and disrupt service to Hostakers's clients. Maintaining an open SMTP relay is likewise prohibited. When a complaint is received, Hostakers has the discretion to determine from all of the evidence whether the client has violated this policy.

Intellectual Property Violations:
Engaging in any activity that infringes or misappropriate the intellectual property rights of others is prohibited. This includes copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Engaging in activity that violates privacy, publicity, or other personal rights of others is likewise prohibited. Hostakers is required by law to remove or block access to client content upon receipt of a proper notice of copyright infringement or other violations of the law. It is also Hostakers's policy to terminate the privileges of clients who commit repeat violations of copyright laws.

Dedicated Server Customers Only:
The provisions of this section also apply to all customers with Dedicated:You are solely responsible for any breaches of security affecting the servers under your control. If your server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such an event, you shall be responsible for the cost to rectify any damage done to your server and any other requirement affected by the security breach.
You may not engage in activities designed to monitor Internet traffic other than your own. This means, that you may not monitor our Internet traffic, nor the Internet traffic of any other entity.

Adult-Oriented Content:
Hostakers does not permit adult content that is illegal in nature and will suspend/terminate any offending account. Exemptions may be made under certain circumstances. Please contact us to inquire about a waiver.

Obscene Speech or Materials:
Using Hostakers’s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Hostakers is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Language:
Using Hostakers’s network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities:
Distributing information regarding the creation and sending of Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks is prohibited. Activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment are likewise prohibited.

Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other Activities:
Engaging in activities, whether lawful or unlawful, that Hostakers determines to be harmful to its clients, operations, reputation, goodwill, or customer relations is prohibited.
We hope the AUP is helpful in clarifying the obligations of Internet users, including Hostakers and its clients, as responsible members of the Internet. Any complaints about a client's violation of the AUP should be sent to [email protected]