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Terms
of Service/ Acceptable use policy
Terms Of Service
IMPORTANT NOTICE:
*All Payments To Hostpacks Are Non-Refundable*
Hostpacks, ("The Company") agrees to furnish services to the Subscriber,
subject to the following TOS (Terms of Service).
Use of Hostpacks Service constitutes acceptance and agreement to Hostpacks's
AUP as well as Hostpacks's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of
Hostpacks, Inc. and AUP (Acceptable Use Policy). The AUP may be changed from
time to time at the discretion of the Company. Subscriber understands that
change to the AUP by the Company shall not be grounds for early contract
termination or non-payment.
1.
Disclosure to Law Enforcement:
The AUP specifically prohibits the use of our service for illegal activities.
Therefore, Subscriber agrees that the Company may disclose any and all
subscriber information including assigned IP numbers, account history, account
use, etc. to any law enforcement agent who makes a written request without
further consent or notification to the Subscriber. In addition Hostpacks shall
have the right to terminate all service set forth in this Agreement.
2.
Refund and Disputes:
All payments to Hostpacks, Inc. are non-refundable. This includes the one time
setup fee and subsequent charges regardless of usage. All overcharges or billing
disputes must be reported within 60 days of the time the dispute occurred. If
you dispute a charge to your credit card issuer that, in Hostpacks's sole
discretion is a valid charge under the provisions of the TOS and /or AUP, you
agree to pay Hostpacks an "Administrative Fee" of not less than $50 and not
more than $150.
3.
Failure to Pay: The
Company may temporarily deny service or terminate this Agreement upon the
failure of Subscriber to pay charges when due. Such termination or denial will
not relieve Subscriber of responsibility for the payment of all accrued charges,
plus reasonable interest and any collection fees.
4.
Subscriber acknowledges that the service
provided is of such a nature that service can be interrupted for many reasons
other than the negligence of the company and that damages resulting from any
interruption of service are difficult to ascertain. Therefore, subscriber agrees
that the company shall not be liable for any damages arising from such causes
beyond the direct and exclusive control of the company. Subscriber further
acknowledges that the company's liability for its own negligence may not in any
event exceed an amount equivalent to charges payable by subscriber for services
during the period damages occurred. In no event shall the company be liable for
any special or consequential damages, loss or injury.
5.
Support Boundaries:
Hostpacks, provides 24 x 7 technical support to our subscribers (except for
few holidays and short company meetings when we close our center.) We limit our
technical support to our area of expertise. The following is our guidelines when
providing support: Hostpacks provides support related to your server or
virtual site physical functioning. Hostpacks does not offer tech support for
application specific issues such as cgi programming, html or any other such
issue. Hostpacks does not provide technical support for YOUR customers. If you
can email, we encourage you to email
support@Hostpacks.com for assistance. If you are able to get online and
have other questions, the answers may be on our home page at
http://www.Hostpacks.com/ - we encourage you to check there
first. Lastly, the Help files in the program you are using may have the answer
to your question so please do investigate these resources before contacting Tech
Support.
6.
SPAM and Unsolicited Commercial Email (UCE):
Hostpacks takes a zero tolerance approach to the sending of Unsolicited
Commercial Email (UCE) or SPAM over our network. Very simply this means that
customers of Hostpacks may not use or permit others to use our network to
transact in UCE. Customers of Hostpacks may not host, or permit hosting of,
sites or information that is advertised by UCE from other networks. Violations
of this policy carry severe penalties, including termination of service.
a.
Violation of Hostpacks's SPAM policy will result
in severe penalties. Upon notification of an alleged violation of our SPAM
policy, Hostpacks will initiate an immediate investigation (within 48 hours of
notification). During the investigation, Hostpacks may restrict customer
access to the network to prevent further violations. If a customer is found to
be in violation of our SPAM policy, Hostpacks may, at its sole discretion,
restrict, suspend or terminate customer's account. Further, Hostpacks reserves
the right to pursue civil remedies for any costs associated with the
investigation of a substantiated policy violation. Hostpacks will notify law
enforcement officials if the violation is believed to be a criminal offense.
b.
First violations of this policy will result in an
"Administrative Fee" of $10 and your account will be reviewed for possible
immediate termination. A second violation will result in an "Administrative Fee"
of $100 and immediate termination of your account. Users who violate this policy
agree that in addition to these "Administrative" penalties, they will pay
"Research Fees" not to exceed $75 per hour that Hostpacks personnel must
spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
c.
As our Customers are ultimately responsible for the
actions of their clients over the Hostpacks network, it is advisable that
Customers develop a similar, or stricter, policy for their clients.
IMPORTANT NOTICE:
If your site results in our IP Space being blacklisted, we will immediately
terminate your account and send to collection an administrative fee of 500 USD.
7.
Network
a.
Bandwidth and Disk Usage:
Customer agrees that bandwidth and disk usage shall not exceed the number of
megabytes per month for the Services ordered by Customer on the Order Form (the
"Agreed Usage"). Hostpacks will monitor Customer's bandwidth and disk usage.
Hostpacks shall have the right to take corrective action if Customer's
bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may
include the assessment of additional charges, disconnection or discontinuance of
any and all Services, or termination of this Agreement, which actions may be
taken is in Hostpacks's sole and absolute discretion. If Hostpacks takes any
corrective action under this section, Customer shall not be entitled to a refund
of any fees paid in advance prior to such action. In the event that a
customer exceeds the included allocation, Hostpacks may, at its sole
discretion, collect a deposit, in an amount determined by Hostpacks, against
customer's credit card on file with Hostpacks.
b.
System and Network Security:
Users are prohibited from violating or attempting to violate the security of the
Hostpacks Network. Violations of system or network security may result in
civil or criminal liability. Hostpacks will investigate occurrences, which may
involve such violations and may involve, and cooperate with, law enforcement
authorities in prosecuting Users who are involved in such violations. These
violations include, without limitation:
i.
Accessing data not intended for such User or
logging into a server or account, which such User is not authorized to access.
ii.
Attempting to probe, scan or test the vulnerability
of a system or network or to breach security or authentication measures without
proper authorization.
iii.
Attempting to interfere with service to any user,
host or network, including, without limitation, via means of overloading,
"flooding", "mail bombing" or "crashing".
iv.
Forging any TCP/IP packet header or any part of the
header information in any e-mail or newsgroup posting.
v.
Taking any action in order to obtain services to
which such User is not entitled.
8.
Notification of Violation:
a.
Hostpacks is under no duty to look at each
customer's or user's activities to determine if a violation of the AU{ has
occurred, nor do we assume any responsibility through our AUP to monitor or
police Internet-related activities.
b.
First violation: Any User, which Hostpacks
determines to have violated any element of this Acceptable Use Policy, shall
receive an email, warning them of the violation. The service may be subject at
Hostpacks's discretion to a temporary suspension pending a User's agreement in
writing, to refrain from any further violations.
c.
Second Violation: Users that Hostpacks determines
to have committed a second violation of any element of this Acceptable Use
Policy shall be subject to immediate suspension or termination of service
without further notice.
d.
We reserve the right, to drop the section of IP
space involved in Spam or Denial-of-Service complaints if it is clear that the
offending activity is causing great harm to parties on the Internet. In
particular, if open relays are on your network or a customer's network, or if
denial of service attacks are originating from your network. In certain rare
cases, we may have to do this before attempting to contact you. If we do this,
we will contact you as soon as is feasible.
9.
Suspension of Service or Cancellation:
Hostpacks reserves the right to suspend network access to any customer if in
the judgment of the Hostpacks network administrators the customer's server is
the source or target of the violation of any of the other terms of the AUP or
for any other reason which Hostpacks chooses. If inappropriate activity is
detected, all accounts of the Customer in question will be deactivated until an
investigation is complete. Prior notification to the Customer is not assured. In
extreme cases, law enforcement will be contacted regarding the activity. The
customer will not be credited for the time the customer's machines were
suspended.
10.
Hostpacks reserves the right to amend its
policies at any time. All Sub-Networks, resellers and managed servers of
Hostpacks must adhere to the above policies. Failure to follow any term or
condition will be grounds for immediate Cancellation. You will be held
responsible for the actions of your clients in the matter described on these
Terms and conditions. Therefore, it is in your best interest to implement a
similar or stricter Terms and conditions or otherwise called Acceptable Terms of
use policy.
11.
Indemnification:
Hostpacks wishes to emphasize that in agreeing to the Hostpacks Acceptable
Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Hostpacks
for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS)
that results in loss to Hostpacks or the bringing of any claim against
Hostpacks by any third-party. This means that if Hostpacks is sued because
of a customer's or a customer of a customer's activity, the customer will pay
any damages awarded against Hostpacks, plus all costs and attorney's fees.
12.
Miscellaneous Provisions:
You must provide us with, and keep current, good contact information for you.
E-mail, fax, and telephone contacts are used, in that order of preference.
a.
A waiver by the Company of any breach of any
provision of this Agreement by Subscriber shall not operate as or be construed
as a continuing or subsequent waiver thereof or as a waiver of any breach of any
other provision thereof.
b.
Subscriber shall not transfer or assign this
Agreement without the prior written consent of the Company. Company may assign
Agreement at anytime without consent from or notice to Subscriber. Company
reserves right to cancel customers rights under this contract at anytime without
further obligation.
c.
Hostpacks takes no responsibility for any
material input by others and not posted to the Hostpacks Network by
Hostpacks. Hostpacks is not responsible for the content of any other
websites linked to the Hostpacks Network; links are provided as Internet
navigation tools only. Hostpacks disclaims any responsibility for any such
inappropriate use and any liability to any person or party for any other person
or party's violation of this policy.
d.
Hostpacks is not responsible for any damages your
business may suffer. Hostpacks does not make implied or written warranties for
any of our services. Hostpacks denies any warranty or merchantability for a
specific purpose. This includes loss of data resulting from delays,
non-deliveries, wrong delivery, and any and all service interruptions caused by
Hostpacks.
e.
It is absolutely forbidden to host pornographic
content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found
hosting this material will be subject to immediate cancellation without refund.
13.
Responsibility for Content:
You, as Hostpacks's customer, are solely responsible for the content stored on
and served by your Hostpacks server.
14.
Abuse Towards Our Staff or Network Staff:
Abuse Towards our staff or our network staff will not be
tolerated, If you use foul language, threaten us, or anything we may find
offensive, we may suspend your account, or if we decide it needs to be delete it
and offer no refund. Per Our AUP and TOS, We offer No Refunds.
ACCEPTABLE USE POLICY
AUP ( Acceptable Use Policy )
Hostpacks's Acceptable Use Policy ("AUP") is provided to
give our customers and users a clear understanding of what Hostpacks expects
of them while using the service. All users of Hostpacks's Internet services:
those who access some of our Services but do not have accounts, as well as those
who pay a service fee to subscribe to the Services, must comply with this AUP
and our TOS (Terms of Service).
Use of Hostpacks Service constitutes acceptance and agreement to
Hostpacks's AUP as well as Hostpacks's TOS (Terms of Service)
IMPORTANT NOTICE: *All Payments To Hostpacks Are
Non-Refundable*
We support the uncensored flow of information and ideas over the Internet and do
not actively monitor subscriber activity under normal circumstances. Similarly,
we do not exercise editorial control over the content of any web site, e-mail
transmission, newsgroups, or other material created or accessible over or
through the services, except for certain proprietary Web sites. However, in
accordance with our TOS (Terms of Service), we may remove any materials that, in
our sole discretion, may be illegal, may subject us to liability, or which may
violate this AUP. Hostpacks may cooperate with legal authorities and/or third
parties in the investigation of any suspected or alleged crime or civil
wrongdoing. Your violation of this AUP may result in the suspension or immediate
termination of either your Hostpacks account or other actions as detailed in
Section 3 WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understand of Hostpacks's
Acceptable Use Policy. The following are guidelines for the establishment and
enforcement of Hostpacks's AUP:
-
Ensure reliable
service to our customers
-
Ensure security and
privacy of our systems and network, as well as the networks and systems of
others
-
Comply with
existing laws
-
Maintain our
reputation as a responsible service provider
-
Encourage
responsible use of the Internet and discourage activities which reduce the
usability and value of Internet services
-
Preserve the value
of Internet resources as a conduit for free expression and exchange of
information
-
Preserve the
privacy and security of individual users
Hostpacks intends to provide its customers access to
everything the Internet has to offer. While the Hostpacks is firmly committed
to the principles of free speech, certain activities that may be damaging to the
resources of both the Hostpacks and the Internet and cannot be permitted under
the guise of free speech. The resources of the Hostpacks and the Internet are
limited, and abuse of these resources by one user has a negative impact on the
entire community.
We do not routinely monitor the activity of accounts except for measurements of
system utilization and the preparation of billing records. However, in our
efforts to promote good citizenship within the Internet community, we will
respond appropriately if we become aware of inappropriate use of our service.
You may not use your dedicated rack or virtual site to publish material, which
Hostpacks determines, at its sole discretion, to be unlawful, indecent or
objectionable. For purposes of this policy, "material" refers to all forms of
communications including narrative descriptions, graphics (including
photographs, illustrations, images, drawings, logos), executable programs, video
recordings, and audio recordings.
If a Hostpacks account is used to violate the Acceptable Use Policy or our
TOS, we reserve the right to terminate your service without notice. We
prefer to advise customers of inappropriate behavior and any necessary
corrective action, however, flagrant violations of the Acceptable Use Policy
will result in immediate termination of service. Our failure to enforce this
policy, for whatever reason, shall not be construed as a waiver of our right to
do so at any time.
As a member of our network community, you must use your Internet access
responsibly. If you have any questions regarding this policy, please contact us
at
abuse@Hostpacks.com
VIOLATIONS OF Hostpacks ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
1.
Illegal use:
Hostpacks's services may not be used for illegal purposes, or in support of
illegal activities. Hostpacks reserves the right to cooperate with legal
authorities and/or injured third parties in the investigation of any suspected
crime or civil wrongdoing.
2.
Harm to minors: Use of
the Hostpacks service to harm, or attempt to harm, minors in any way,
including, but not limited to child pornography.
3.
Threats: Use of the
Hostpacks service to transmit any material (by e-mail, uploading, posting or
otherwise) that threatens or encourages bodily harm or destruction of property.
4.
Harassment: Use of the
Hostpacks service to transmit any material (by e-mail, uploading, posting or
otherwise) that harasses another.
5.
Fraudulent activity:
Use of Hostpacks service to make fraudulent offers to sell or buy products,
items, or services, or to advance any type of financial scam such as "pyramid
schemes," "ponzi schemes," and "chain letters."
6.
Forgery or impersonation:
Adding, removing or modifying identifying network header information in an
effort to deceive or mislead is prohibited. Attempting to impersonate any person
by using forged headers or other identifying information is prohibited. The use
of anonymous remailers or nicknames does not constitute impersonation.
7.
Unsolicited commercial e-mail / Unsolicited bulk
e-mail (SPAM) Use of the Hostpacks service to
transmit any unsolicited commercial or unsolicited bulk e-mail is expressly
prohibited. Violations of this type will result in the immediate termination of
the offending Hostpacks account.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services on their
server that support spammers or cause any of our IP space to be listed in any of
the various Spam Databases will have their server immediately removed from our
network. The server will not be reconnected until such time that you agree to
remove ANY and ALL traces of the offending material immediately
upon reconnection and agree to allow us access to the server to confirm that all
material has been COMPLETELY removed. Severe violations may result in
immediate and permanent removal of the server from our network without notice to
the customer. Any server guilty of a second violation WILL be immediately
and permanently removed from our network without notice.
-
E-mail / News Bombing: Malicious
intent to impede another person's use of electronic mail services or news
will result in the immediate termination of the offending Hostpacks
account.
9.
E-mail / Message Forging:
Forging any message header, in part or whole, of any electronic transmission,
originating or passing through the Hostpacks service is in violation of this
AUP.
10.
Usenet SPAMing:
Hostpacks has a zero tolerance policy for the use of its network for the
posting of messages or commercial advertisements, which violate the rules,
regulations, FAQ or charter of any newsgroups or mailing list. Commercial
messages that are appropriate under the rules of a newsgroup or mailing list or
that are solicited by the recipients are permitted.
11.
Unauthorized access:
Use of the Hostpacks service to access, or to attempt to access, the accounts
of others, or to penetrate, or attempt to penetrate, security measures of
Hostpacks's or another entity's computer software or hardware, electronic
communications system, or telecommunications system, whether or not the
intrusion results in the corruption or loss of data, is expressly prohibited and
the offending Hostpacks account is subject to immediate termination.
12.
Copyright or trademark infringement:
Use of the Hostpacks service to transmit any material (by e-mail, uploading,
posting or otherwise) that infringes any copyright, trademark, patent, trade
secret or other proprietary rights of any third party, including, but not
limited to, the unauthorized copying of copyrighted material, the digitization
and distribution of photographs from magazines, books, or other copyrighted
sources, and the unauthorized transmittal of copyrighted software.
13.
Collection of personal data:
Use of the Hostpacks service to collect, or attempt to collect, personal
information about third parties without their knowledge or consent.
14.
Network disruptions and unfriendly activity:
Use of the Hostpacks service for any activity which affects the ability of
other people or systems to use Hostpacks Services or the Internet. This
includes "denial of service" (DOS) attacks against another network host or
individual user. Interference with or disruption of other network users,
services or equipment is prohibited. It is the Member's responsibility to ensure
that their network is configured in a secure manner. A Subscriber may not,
through action or inaction, allow others to use their network for illegal or
inappropriate actions. A Subscriber may not permit their network, through action
or inaction, to be configured in such a way that gives a third party the
capability to use their network in an illegal or inappropriate manner.
Unauthorized entry and/or use of another company and/or individual's computer
system will result in immediate account termination. Hostpacks will not
tolerate any subscriber attempting to access the accounts of others, or
penetrate security measures of other systems, whether or not the intrusion
results in corruption or loss of data.
15.
Fraud: Involves a
knowing misrepresentation or misleading statement, writing or activity made with
the intent that the person receiving it will act upon it.
16.
Infringement of Copyright, Patent, Trademark,
Trade Secret, or Intellectual Property Right:
Distribution and/or posting of copyrighted or the aforementioned infringements
will not be tolerated.
17.
Distribution of Viruses:
Intentional distributions of software that attempts to and/or causes damage,
harassment, or annoyance to persons, data, and/or computer systems are
prohibited. Such an offense will result in the immediate termination of the
offending account.
18.
Inappropriate Use of Software:
Use of software or any device that would facilitate a continued connection, i.e.
pinging, while using Hostpacks services could result in suspension service.
19.
Third Party Accountability:
Hostpacks subscribers will be held responsible and accountable for any
activity by third parties, using their account, that violates guidelines created
within the Acceptable Use Policy.
20.
Violation Of Hostpacks Virtual Accounts:
It is absolutely forbidden to host pornographic content or IRC servers on
Virtual Server Accounts. Virtual Server Accounts found hosting this material
will be subject to immediate cancellation without refund.
21.
IRC networks: It is
absolutely forbidden to host an IRC server that is part of or connected to
another IRC network or server. Servers found to be connecting to or part of
these networks will be immediately removed from our network without notice. The
server will not be reconnected to the network until such time that you agree to
completely remove any and all traces of the irc server, and agree to let us have
access to your server to confirm that the content has been completely removed.
Any server guilty of a second violation will result in immediate account
termination.
22.
Unlimited Accounts:
Unlimited Accounts are indeed unlimited. These accounts are not to be used to
host a collection of MP3's, Warez, Backup Your Home Computer. They accounts may
also not be used as a download distribution point for your bundled software. It
is to be used for standard web practices and only standard web practices. If you
have a questionable concern open a ticket with the helpdesk. If you know your
site is going to use an un-normal usage, and sign up knowing this, we will
require you to get a dedicated server. If you have any questions in regards to
this contact our helpdesk. Un-Normal usage is anything that a shared server
would not be able to provide. Again Contact us for approval if you feel you will
fall into this clause. These accounts are no longer offered and are grand
fathered in.
23.
Resellers: Resellers
are responsible for enforcing the AUP and TOS to all of their clients. If their
clients are found to be not following them, Hostpacks will suspend the
offending site and let the reseller know. Resellers are responsible for anything
their clients do. If you have any questions or concerns in regards to what is
allowed and not allowed open a ticket with the helpdesk at
http://helpdesk.Hostpacks.com
24.
Streaming Video and Audio:
Streaming Video and Audio is not permitted on our servers. You
must zip the content to prevent this if you wish to have it hosted, and as
everything else this content must be legal content and can not have someone
else's copyright.
25.
Egg Drop - Egg Drop
Scripts are Not allowed, These are grounds for immediate account deletion
without a refund.
26.
IRC - IRC Client or
Server in any form is not permitted on our network.
27.
Legal - If it is not
legal in the United States of America, It is not permitted to reside on our
server. If site is found to be violating it will be terminated.
28.
Adult Material - Adult
Content is allowed on all servers
29.
Shared Hosting Clients - Chinese Forums -
Chinese Forums are not allowed on our network. These sites
require to much CPU usage. They almost require a dedicated server to run
properly. If they are found on any server we will suspend them, and charge an
admin fee if they are the cause of a CPU overloaded. Admin charges are usually
about 25$ Per Hour.
30.
Shared Hosting Clients - ANIME -
Anime Sites are welcome on our shared servers as well as
dedicated HOWEVER, if it affects the use of others on Shared, it will be
immediately suspended and requested you go dedicated.
31.
Shared Hosting Clients - Remote MySQL Access -
Accessing Your MySQL Databases from another server or
linking to them is prohibited. We provide hosting not MySQL server database
space. If your databases are accessed via other servers the account will be
suspended without notice and or terminated.
32.
OS Reloads - Operating System Reloads are
considered to be Admin time and come with a charge of $75 Dollars each time they
are requested.
Security
You are responsible for any misuse of your account, even if the inappropriate
activity was committed by a friend, family member, guest or employee. Therefore,
you must take steps to ensure that others do not gain unauthorized access to
your account. In addition, you may not use your account to breach security of
another account or attempt to gain unauthorized access to another network or
server.
·
Your password provides access to your account. It
is your responsibility to keep your password secure.
·
Sharing your password and account access with
unauthorized users is prohibited. You should take care to prevent others from
using your account since you will be held responsible for such use.
·
Attempting to obtain another user's account
password is strictly prohibited, and may result in termination of service.
·
You must adopt adequate security measures to
prevent or minimize unauthorized use of your account.
·
You may not attempt to circumvent user
authentication or security of any host, network or account. This includes, but
is not limited to, accessing data not intended for you, logging into or making
use of a server or account you are not expressly authorized to access, or
probing the security of other networks. Use or distribution of tools designed
for compromising security is prohibited. Examples of these tools include, but
are not limited to, password guessing programs, cracking tools or network
probing tools.
·
You may not attempt to interfere with service to
any user, host or network ("denial of service attacks"). This includes, but is
not limited to, "flooding" of networks, deliberate attempts to overload a
service, and attempts to "crash" a host.
·
Users who violate systems or network security may
incur criminal or civil liability. Hostpacks will cooperate fully with
investigations of violations of systems or network security at other sites,
including cooperating with law enforcement authorities in the investigation of
suspected criminal violations.
Network Performance
Hostpacks accounts operate on shared resources. Excessive use or abuse of
these shared network resources by one customer may have a negative impact on all
other customers. Misuse of network resources in a manner which impairs network
performance is prohibited by this policy and may result in termination of your
account.
You are prohibited from excessive consumption of resources, including CPU time,
memory, disk space and session time. You may not use resource-intensive programs
which negatively impact other customers or the performances of Hostpacks
systems or networks. Hostpacks reserves the right to terminate or limit such
activities.
REPORTING VIOLATIONS OF Hostpacks AUP
Hostpacks requests that anyone who believes that there is a violation of this
AUP direct the information to the Abuse Department at
abuse@Hostpacks.com.
If available, please provide the following information:
·
The IP address used to commit the alleged violation
·
The date and time of the alleged violation,
including the time zone or offset from GMT
·
Evidence of the alleged violation
E-mail with full header information provides all of the above,
as do system log files. Other situations will require different methods of
providing the above information. Hostpacks may take any one or more of the
following actions in response to complaints:
·
Issue written or verbal warnings
·
Suspend the Member's newsgroup posting privileges
·
Suspend the Member's account
·
Terminate the Member's account
·
Bill the Member for administrative costs and/or
reactivation charges
·
Bring legal action to enjoin violations and/or to
collect damages, if any, cause by violations
REVISIONS TO THIS ACCEPTABLE USE POLICY
Hostpacks reserves the right to revise, amend, or modify
this AUP, our TOS (Terms of Service) and our other policies and agreements at
any time and in any manner. Notice of any revision, amendment, or modification
will be posted in accordance with our TOS (Terms of Service).
Dedicated Clients -
The purpose of this Acceptable
Use Policy is to enhance the quality of the Services and to protect Hostpacks
(Hostpacks.com) customers, and the Internet community as a whole, from
illegal, irresponsible, or disruptive Internet activities. This Policy applies
to each Customer and its employees, agents, contractors or other users of such
Customer who obtain Services from Hostpacks.com. Each User should use common
sense and good judgment in connection with the Services.
I) Prohibited Uses
A. Utilize the Services to send mass unsolicited e-mail to third parties.
B. Utilize the Services in connection with any illegal activity. Without
limiting the general application of this rule, Users may not:
(i) Utilize the Services to copy material from third parties (including text,
graphics, music, videos or other copyrightable material) without proper
authorization.
(ii) Utilize the Services to misappropriate or infringe the patents, copyrights,
trademarks or other intellectual property rights of any third party.
(iii) Utilize the Services to traffic in illegal drugs, illegal gambling,
obscene materials or other any products or services that are prohibited under
applicable law.
(iv) Utilize the Services in any manner that violates applicable law.
C. Utilize the Services in connection with any tortious or actionable activity.
Without limiting the general application of this rule, Users may not:
(i) Utilize the Services to publish or disseminate information that (A)
constitutes slander, libel or defamation, (B) publicizes the personal
information or likeness of a person without that person’s consent or (C)
otherwise violates the privacy rights of any person.
(ii) Utilize the Services to threaten persons with bodily harm, to make
harassing or abusive statements or messages, or to solicit the performance of
acts or services that are illegal under applicable law.
D. Utilize the Services in connection with any other disruptive or abusive
activity. Without limiting the general application of this rule, Users may not:
(i) Utilize the Services to cause denial of service attacks against
Hostpacks.com or other network hosts or Internet users or to otherwise degrade
or impair the operation of Hostpacks.com servers and facilities or the servers
and facilities of other network hosts or Internet users.
(ii) Utilize the Services to subvert, or assist others in subverting, the
security or integrity of any Hostpacks.com systems, facilities or equipment.
(iii) Utilize the Services to gain unauthorized access to the computer networks
of Hostpacks.com or any other person.
(iv) Utilize the Services to provide passwords or access codes to persons not
authorized to receive such materials by the operator of the system requiring the
password or access code.
(v) Utilize the Services to (A) forge the signature or other identifying mark or
code of any other person, (B) impersonate or assume the identity or any other
person, or (C) engage in any other activity (including "spoofing") to attempt to
deceive or mislead other persons regarding the true identity of the User
(excluding the use of anonymous remailer or Internet nicknames).
(vi) Utilize the Services to distribute or post any virus, worm, Trojan horse,
or computer code intended to disrupt services, destroy data, destroy or damage
equipment, or disrupt the operation of the Services.
(vii) Utilize the Services to conduct port scans or other invasive procedures
against any server (except any server for which the User is an authorized system
administrator).
(viii) Utilize the Services to distribute, advertise or promote software or
services that have the primary purpose of encouraging or facilitating
unsolicited commercial e-mail or spam.
(ix) Utilize the Services to solicit or collect, or distribute, advertise or
promote, e-mail address lists for the purpose of encouraging or facilitating
unsolicited commercial e-mail or spam.
(x) Hostpacks.com has no restrictions on contents. Adult materials, MP3s,
games, and audio/video streaming are permitted. However, customers are strictly
prohibited from using egg-drops, IRC bots, warez materials and shell hosting
services on Hostpacks.com servers and network.
(xi) Utilize the Services in any other manner to interrupt or interfere with the
Internet usage of other persons.
II) Violations
Hostpacks.com expressly disclaims any obligation to monitor its Customers and
other Users with respect to violations of this Policy. Hostpacks.com has no
liability or responsibility for the actions of any of its Customers or other
Users or any content any User may post on any Web site. Hostpacks.com reserve
the right to levy a penalty fee of $10.00 per violation of the Acceptable Use
Policy and Service Agreement.
A. Reporting Non-Copyright Violations. Hostpacks.com encourages Users to
report violations of this policy by e-mail to: abuse@Hostpacks.com, including
in any such report the name of the offending domain and the type of abuse (i.e.
spam, illegal acts, harassment, etc.) in the "subject" field of the e-mail.
B. Reporting Copyright Violations. Hostpacks.com complies with the Digital
Millennium Copyright Act ("DMCA"). Hostpacks.com encourages Users to report an
alleged copyright infringement involving a user by sending a notice to:
support@Hostpacks.com
C. If Hostpacks.com learns of a violation of this Policy, we will respond to
the customer and may, in our sole discretion, take any of the following actions,
in accordance with the severity and duration of the violation:
(i) Warning the Customer.
(ii) Suspending the offending Customer from the Services.
(iii) Terminating the offending Customer from the Services.
(iv) Imposing fees or charges on the offending Customer account in accordance
with the applicable service contract.
(v) Removing the offending content.
(vi) Taking other action in accordance with this Policy, the applicable service
contract or applicable law.
III) Reservation of Rights
Hostpacks.com reserves the right to cooperate with appropriate legal
authorities in investigations of claims of illegal activity involving
Hostpacks.com Services, Customers and other Users. Hostpacks.com reserves
all other rights to respond to violations of this Policy to the extent of
applicable law and in accordance with any applicable contractual obligations.
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