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Acceptable Use Policy
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ACCEPTABLE USE POLICY

Introduction

As a provider of web site hosting and other Internet-related services, Hostakers offers its customer (also known as “Subscribers”) and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Hostakers respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Hostakers reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Hostakers has developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each customer’s respective service agreement, and is intended as a guide to the customer’s rights and obligations when using Hostakers’ services. This AUP will be revised from time to time.

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.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Hostakers cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Hostakers cannot monitor or censor the Internet, and will not attempt to do so, Hostakers cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

The client is ultimately responsible for individual server security. Hostakers disclaims all liability for server content.

When subscribers disseminate information from the Internet, they must keep in mind that Hostakers does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Hostakers’ network and may reach a large number of people, including both subscribers and nonsubscribers of Hostakers, subscribers’ postings to the Internet may affect other subscribers and may affect Hostakers’ goodwill, business, reputation or operations. For these reasons, subscribers violate Hostakers policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

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.

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.

Networks Security

Clients are required and obligated to maintain all security on their servers. Any and all additional charges that are incurred due to client lack of monitoring or security are the responsibility of the client.

Monitoring Policy

Hostakers does not actively monitor the content on its servers. Dedicated server content will only be reviewed upon complaint. Content that does not violate local, state and federal law or this AUP or the Terms of Service is deemed in compliance and shall remain intact. If content is deemed to be in violation of this AUP or the Terms of Service, it shall be reviewed by Hostakers, and a course of action shall be taken to correct the problem, which may result in termination of the account or service.

IP Addresses

All IPs addresses issued by Hostakers are the sole property of Hostakers. Clients retain no ownership rights to any IP addresses issued by Hostakers. Clients may not transfer IPs from Hostakers. Any client purchasing over 16 IP addressed in addition to their server may be required to submit ARIN justification forms as well as submit to additional terms depending on the number of IP addresses desired. For more information about IP Addresses, please contact sales@hostakers.com.

IRC/BITTORRENT/P2P:

IRC Usage shall be allowed on dedicated servers unless such usage is abused or creates or enhances any type of problem(s) with Hostakers’ services or network. It is also deemed a violation of this AUP if it is determined that IRC is the cause or root of a service interruption to other users. Clients may not operate and maintain IRC servers which connect to global IRC networks such as Undernet, EFnet and DALnet. Use of IRC plug-ins, scripts, add-ons, clones or other software designed to disrupt or deny service to other users is prohibited. If a client’s IRC servers are frequently compromised or attract denial of service or distributed denial of service attacks that disrupt or deny service to other clients or users, then Hostakers may null-route, filter, suspend, or terminate that client’s service. Hostakers allows the use of both Peer to Peer as well as Bit Torrent, but we do not permit the transfer of illegal content. Use of IRC/Bittorrent/P2P on shared hosting is strictly prohibited.

Law Enforcement

By signing or accepting this Agreement the Client is stating that the Client is the owner, operator, and/or a designated officer of the business, with the authority to enter in to this Agreement, and have obtained all the necessary licenses, copyrights and/or certificates required to perform the Client's obligations. The Client will follow all laws and legal regulations that relate to the Client's business regardless of where those laws and regulations originate, and will comply with any laws and regulations that may apply in the future.

Violation Claims

Any Claim of Violation of this AUP that is being submitted by a third party must include the name and contact information of the complaining party, the IP address from which the alleged complaint originated, and a description of the violation. This AUP applies to all users of servers provided by Hostakers, including without limitation the customers, clients and other users of our clients. Hostakers reserves the right, at its sole discretion, to refuse new service to any individual, group, or business. Hostakers also retains the right to discontinue service for any client for any reason or no reason and at any time, including without limitation for violation of this AUP.

Blacklist Policy:

If any client or any third-party user that is a customer of our client uses Hostakers services, network, or its physical infrastructure in a manner that causes Hostakers, or any IP addresses issued by Hostakers to be “blacklisted” or “blocked”, Hostakers reserves the right to suspend or terminate services of such client and/or suspend or terminate the access to services, network, and/or its physical infrastructure. Operating Hostakers service on behalf of, or in connection with or reselling any service to persons or firms listed in the Spamhaus Register of Known Spam Operations database at www.spamhaus.org shall constitute a violation of this AUP.

IP Addresses:

All IPs addresses issued by Hostakers are the sole property of Hostakers. Clients retain no ownership rights to any IP addresses issued by Hostakers. Clients may not transfer IPs from Hostakers. Any client purchasing over 16 IP addressed in addition to their server may be required to submit ARIN justification forms as well as submit to additional terms depending on the number of IP addresses desired. For more information about IP Addresses, please contact sales@hostakers.com.

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).
Engaging in activities that are determined to be illegal is prohibited. This includes but is not limited to false advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

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 Activities:

Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through Hostakers's servers is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, email address or utilizing any resource hosted on Hostakers's servers, is prohibited. Ucartz accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider. Outbound port 25 will be blocked upon any UBE complaints. This port shall not be enabled under any circumstances. The mails are sent only through our relay service and it cannot be bypassed. Relaying of mail, using mailbox forwarders and or forwarding mail using mailing lists utilizing any resource hosted on Hostakers's servers, is prohibited.

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 abuse@hostakers.io