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Acceptable Use Policy
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HITDRIVEN HOSTING
Acceptable Use Policy (“AUP”)
Introduction and Purpose
This document sets forth the principles, guidelines and requirements of
the Acceptable Use Policy of HITDRIVEN HOSTING Pty Ltd ("Company")
governing the use by the Customer ("Customer") of the Company's
services and products ("Services and Products"). The Purpose of
Company's Acceptable Use Policy, hereinafter referred to as the AUP, is
to comply with all federal, state, and local laws coupled with
protecting the network security, network availability, physical
security, Customer privacy, and other factors affecting the services
provided by Company. Company reserves the right to impose reasonable
rules and regulations regarding the use of its services provided to all
Customers and such rules and regulations are subject to change. Such
rules and regulations are located on the Internet at
http://www.hitdriven.com/aup.shtml. The AUP is not an all inclusive
exhaustive list and Company reserves the right to modify the AUP at any
time as needed, effective upon either the posting of the modified AUP
to http://www.hitdriven.com/aup.shtml or notification to the Customer
via email. Acceptance and execution of the any Services Agreement binds
all parties to Company stated AUP at the time the contract is executed
and as modified from time to time. Any violation of the AUP may result
in the suspension or termination of Customer service(s) or such other
action as Company deems appropriate. No credits will be issued for any
interruption in service resulting from policy violations.
VIOLATION OF ANY SECTION OF THE AUP IS STRICTLY PROHIBITED AND MAY
RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES
CUSTOMER RECEIVES FROM COMPANY.
Any questions or comments regarding the AUP should be directed to
abuse@hitdriven.com
A. The following activities are expressly prohibited:
1. Spam / E-mail Marketing.
Email Spam. Company has a zero stance policy on SPAM, Junk E-mail or
UCE. Spam, Junk-mail and UCE are defined as: the sending of the same,
or substantially similar, unsolicited electronic mail messages, whether
commercial or not, to more than one recipient. A message is considered
unsolicited if it is posted in violation of a newsgroup charter or if
it is sent to a recipient who has not requested or invited the message.
UCE also includes e-mail with forged headers, compromised mail server
relays, and false contact information. This prohibition extends to the
sending of unsolicited mass mailings from another service, which in any
way implicates the use of Company whether or not the message actually
originated from our network.
Block Removal. If Customer actions have caused Company mail servers or
Company IP address ranges to be placed on black hole lists and other
mail filtering software systems used by companies on the internet,
Customer will be assessed a $100 charge to Customer account and $100
per hour for administrative charges incurred to remove and protect mail
servers and IP ranges.
Mass Mailings: Sending mass unsolicited email is considered spam.
Unsolicited email is defined as email sent to a recipient who has not
double-opted in to mailings from the Customer. Senders of mass mailings
must maintain complete and accurate records of all opt-ins, including
the email and its headers if applicable, and provide such records to
Company upon request. If positive and verifiable proof of opt-in cannot
be provided, complaints from recipients of the mailing are considered
proof they did not subscribe and the mailing is unsolicited.
Mailing Lists: Company's mass mailing rules also apply to mailing
lists, list servs, or mailing services contracted for by Customer. The
policy is stated as follows: An acceptable mailing list will be focused
at a targeted audience that has voluntarily signed up for e-mail
information using a double opt-in process or that has made their e-mail
address available to Customer for distribution of information. The list
must also allow for automatic removal by all end Customers with
non-distribution in the future.
2. Hacking or perpetration of any security breach.
3. Unauthorized access to any computer or system, including intrusion
into or scanning of other HITDRIVEN HOSTING accounts.
4. Dissemination of deliberately offensive material, including any
message or information that is or may be threatening, libelous,
obscene, or harassing.
5. Child pornography or any other activity harmful to minors. The use
of HITDRIVEN HOSTING' services to store, post, display, transmit,
advertise or otherwise make available child pornography is prohibited.
HITDRIVEN HOSTING is required by law, and will, notify law enforcement
agencies when it becomes aware of the presence of child pornography on,
or being transmitted through, its services.
6. Fraud.
7. Violations of privacy rights.
8. Intellectual property infringement, including violations of
copyright, trademark, or patent rights, or use or distribution of
pirated software.
9. Use of third party software without a proper license or other
appropriate permission, including Microsoft software.
10. Network attacks or any unfriendly effort to interfere with service
on another network or server.
11. Virus distribution or distribution of any worm or other harmful
code.
12. Illegal activities of any kind.
13. Use of Internet relay chat (“IRC”), Company
allows stand alone IRC servers which are not connected to global IRC
networks such as Undernet, EFnet, DALnet and other IRC networks. IRC
servers which establish and maintain connections to global IRC networks
such as Undernet, EFnet, DALnet and others will be considered to be in
violation of the Acceptable Use Policy.
If IRC servers attract DoS or DDoS attacks that disrupts or denies
service to other Customers, Company will null-route, ACL or otherwise
suspend service to maintain quality of service for other Customers on
our network.
Company reserves the right to modify or amend the IRC policy at any
time.
B. Adult Content:
HITDRIVEN HOSTING allows hosting of adult content that is legal under
U.S. and Australian law, provided that it does not otherwise violate
any of HITDRIVEN HOSTING’ policies.
C. Reseller Policy
Resellers are responsible for the conduct of their Customers and by
agreeing with this AUP, agree that their Customers will adhere to the
AUP. Resellers should make their perspective Customers aware of the AUP
and the consequences for violation.
D. Investigations, disruptions, & security:
HITDRIVEN HOSTING reserves the right to disable service or terminate
service and/or to remove content in order to investigate suspected
violations of this AUP or of the Terms of Service without first giving
notice. The cost of any investigation will be charged to the Customer
at $100 per hour, in addition to charges for attorneys’ fees
and related expenses (if any). HITDRIVEN HOSTING furthermore reserves
the right to disable Customer’s service if HITDRIVEN HOSTING
suspects that such service is the target of an attack or in any way
interferes with services provided to other customers, even if Customer
is not at fault. HITDRIVEN HOSTING does not issue refunds for
terminating service due to any of the causes specified above.
Customer is responsible for the use of its service, including transfer
and bandwidth, even use by unauthorized users or hackers.
Customer is responsible for maintaining security, including disaster
recovery systems and backups. (Customer is advised to maintain backups
on its own premises.)
E. AUP Violations:
1. Reporting
a. General HITDRIVEN HOSTING requests that anyone with information
about a violation of this AUP, or of HITDRIVEN HOSTING’ Terms
of Service, report it by sending an e-mail to abuse@hitdriven.com.
b. Digital millennium copyright act infringements
(“DCMA”) DCMA violations should be sent in writing
to our corporate office.
2. Violation of AUP.
A warning notification via email, trouble ticket or telephone will be
issued giving customer 48 hours to resolve the violation. AUP
violations such as, but not limited to, password harvesting, network
interference, Denial or Disruption of service, IRC mis-use, or other
malicious activity will reduce the resolution time frame. We many also
choose to remove the violating content, remove the website/service from
the server, or temporarily block internet access to/from the server.
F. Monitoring & Disclaimers:
HITDRIVEN HOSTING has no obligation to monitor its services but may do
so and may disclose information regarding use of the services for any
reason, including: to satisfy laws, regulations, or governmental,
legal, or law-enforcement requests; to operate such service properly;
or to protect itself and its customers. HITDRIVEN HOSTING may grant law
enforcement agencies access to its equipment to monitor use of its
services.
HITDRIVEN HOSTING’ SERVICES ARE PROVIDED ON AN “AS
IS” AND “AS AVAILABLE” BASIS. HITDRIVEN
HOSTING DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED,
ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. HITDRIVEN
HOSTING MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR
FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE PROVIDED BY HITDRIVEN
HOSTING OR ANY OF ITS REPRESENTATIVES WILL CREATE A WARRANTY.
HITDRIVEN HOSTING WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL,
EXEMPLARY, PUNITIVE, OR MULTIPLE DAMAGES, EVEN IF HITDRIVEN HOSTING WAS
ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. HITDRIVEN
HOSTING’S MAXIMUM LIABILITY ARISING OUT OF OR RELATED TO
PROVISION OF ITS SERVICES WILL NOT EXCEED THE TOTAL AMOUNT OF FEES
BILLED TO CUSTOMER DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
HITDRIVEN HOSTING WILL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS,
LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: (i)
OTHER HITDRIVEN HOSTING CUSTOMERS OR THIRD PARTIES ACCESSING
CUSTOMER’S DATA OR ASSIGNED COMPUTERS; (ii) SECURITY
BREACHES; (iii) EAVESDROPPING; (iv) DENIAL OF SERVICE ATTACKS; (v)
INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING HITDRIVEN
HOSTING’S SERVICE; (vi) CUSTOMER’S RELIANCE ON OR
USE OF THE SERVICE; (vii) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS
OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR OTHER FAILURES OF
PERFORMANCE OF THE SERVICE; (viii) THE ACCURACY, COMPLETENESS, AND
USEFULNESS OF THE SERVICE; OR (ix) LOSS OF DATA OR LOSS OF ACCESS TO
DATA.
HITDRIVEN HOSTING’ limitations and exclusions of liability
apply equally to HITDRIVEN HOSTING’ officers, employees,
agents, contractors, representatives, suppliers, subsidiaries, parents,
and affiliated companies.
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