This Acceptable Use Policy ("AUP") governs your use of the Services and is incorporated by reference into our Terms of Service . Unless otherwise noted, defined terms in this AUP have the meanings given to them in the Terms of Service. We may modify this AUP at any time without notice.
You must use the Services only for lawful purposes. Transmission, storage, or display of any information, data, or material in violation of any applicable laws or regulations, including, but not limited to, the laws of the State of New York, is prohibited. We reserve the right to terminate the Services for any Customer who exposes the Company to legal liability or threatens its ability to provide services to other customers. You agree to indemnify and hold the Company harmless from any claims resulting from your use of the Services.
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Prohibited Uses: You may not use the Services to post content or engage in activities that are harmful to others or unlawful under applicable law. Any content that, in our judgment, violates our Terms of Service, including this AUP, may be removed from our servers (or otherwise disabled) with or without notice. Examples of prohibited content and activities can be found in this section.
Zero Tolerance Spam Policy: We maintain a zero tolerance policy for the use of our network or services to send unsolicited commercial or bulk email, or to send, assist, or arrange for the transmission of commercial email that does not comply with the U.S. CAN-SPAM Act of 2003 ("SPAM"). Please review this section to avoid actions taken under our AUP.
Defamation and Objectionable Content: We respect that the Internet provides a forum for the free and open discussion and dissemination of information. Accordingly, we generally do not screen, monitor, or control customer content. However, if we become aware of content that violates the law or this AUP, we will consider the matter and take appropriate action as determined in our sole discretion, balancing the merits of the complaint with the right to freedom of expression.
Enforcement: We may terminate your Services with or without notice for any violation of this AUP. This section describes how we may enforce this AUP.
Reporting AUP Violations: If you believe you have discovered a violation of our AUP, please review this section to learn about our reporting procedures.
1. Prohibited uses:
a) No Illegal or Harmful Use: You may not use the Services to post content or engage in any activities that are harmful to others or unlawful under applicable law, including, but not limited to, any of the following illegal, harmful, or fraudulent activities:
i. Reveal private and sensitive personal information about others;
ii. Distribute malware or other malicious code;
ii. Participate in the illegal distribution of controlled substances and drug smuggling;
iv. Engaging in the unlawful distribution of prescription drugs, including, but not limited to, promoting, marketing, or selling prescription drugs without a valid prescription;
v. Game;
vii. Hosting child pornography or content that is potentially harmful to minors (any website containing child pornography or linking to child pornography will be immediately suspended without notice and reported to law enforcement or the National Center for Missing and Exploited Children (NMEC);
viii. Hosting of FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme, High Yield Interest Programs (HYIP) or related sites;
ix. Host or link to a website intended to deceive the public, including, but not limited to, the sites listed at aa419.org and escrow-fraud.com ;
x. Hosting or linking to an anonymous proxy server;
Infringing the intellectual property rights of others. This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. If you believe your intellectual property rights are being infringed, please notify us by completing the Report Abuse form or emailing us at abuse@hostingchs.com.
xi. Money laundering;
xii. Phishing or participating in identity theft; and
xiii. Sale of weapons or ammunition.
b) No unauthorized system access or network abuse: You may not use the Services to gain unauthorized access to any network or system. Prohibited activities include:
i. Access another network without permission, to investigate or scan for vulnerabilities or to violate security or authentication measures;
ii. Attack other networks (i.e., denial of service (DoS) attacks);
iii. Intercept or monitor data without permission;
iv. Run a file sharing site;
v. Run any software that interacts with an IRC (Internet Relay Chat) network;
vi. Use any deep-link, page scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, Internet agent, or other automatic device, program, algorithm, or methodology that does the same, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, perform searches, generate searches, or monitor any portion of our Website or servers for any unauthorized purpose;
c) Do not hinder system performance: Consuming excessive amounts of server resources is prohibited. This leads to server performance issues and may cause disruptions to our systems or those of other clients. The use of scripts or processes that may negatively impact our systems is prohibited.
d) No Adult Content: You may not use the Services to distribute pornography or other adult-related content or offer any escort services.
e) No backup storage: Backing up personal data on a hosting account is prohibited. Our Services are designed to host your website, not to serve as a data repository. We reserve the right to delete backups from your hosting account.
2. Zero tolerance policy against spam
a) You may not use the Services to send spam or unsolicited bulk messages. We maintain a zero-tolerance policy for the use of our network or services in any way associated with the transmission, distribution, or delivery of any bulk email, including unsolicited bulk or unsolicited commercial email, or the sending, assisting, or servicing of commercial email that does not comply with the U.S. CAN-SPAM Act of 2003 (“SPAM”).
b) “Safe lists,” purchased lists, and list sales will be considered SPAM. We may terminate the account of any User who sends SPAM with or without prior notice.
c) Websites advertised via SPAM (i.e., spamvertised) may not be hosted on our servers. This includes, but is not limited to, SPAM sent via fax, telephone, postal mail, email, instant messaging, or Usenet/newsgroups. No organization or entity listed on ROKSO may use our Services. Any user account that results in our IP space being blacklisted will be immediately suspended and/or terminated.
d) Familiarize yourself with the CAN-SPAM Act. You can find information about the CAN-SPAM Act by accessing the following link: https://www.ftc.gov/business-guidance/resources/can-spam-act-compliance-guide-business
3. Defamation and objectionable content
a) We value freedom of expression and encourage Users to be respectful of the content they post. As a web hosting provider, we are not publishers of User Content and are generally not in a position to investigate the veracity of individual defamation claims or determine whether certain material, which we may find objectionable, should be censored. Accordingly, we generally require a court order from a court of competent jurisdiction, as determined by the Company in its sole discretion, to remove allegedly defamatory or objectionable content. However, we reserve the right to disable or remove any Content to prevent harm to others or the Company, as determined by us in our sole discretion.
4. Application
a) Resellers.
i. If a Reseller User violates this AUP, we will suspend the account in question and notify the Reseller so they can address the issue with the User. Additional violations by a User's account may result in the immediate suspension or termination of their Reseller account.
b) Direct clients.
i. Your Services may be terminated with or without notice for any violation of this AUP.
c) If applicable, violations will be reported to the appropriate law enforcement agency.
d) Failure to respond to an email from our compliance team within forty-eight (48) hours, or as otherwise specified in the email, may result in the suspension or termination of your Services.
e) We reserve the right to enforce or not enforce this AUP at our sole discretion.
5. Report violations of this AUP. If you believe you have discovered a violation of our AUP, please complete the Report Abuse form or email us at abuse@hostingchs.com.
6. Complaints Officer. You may contact the Complaints Officer by emailing abuse@hostingchs.com