|
SpiralHost provides hosting services to a wide variety of customers. In providing these services, SpiralHost has certain responsibilities concerning the use of its equipment and may impose reasonable rules and regulations.
It is important for SpiralHost customers to read and understand this Acceptable Use Policy. By using our Services, customers agree to comply with this Policy and also agree to indemnify SpiralHost against any claims by third parties arising from violation of this Policy.
SpiralHost reserves the right to make changes to this Acceptable Use Policy at any time, and any changes will be effective immediately upon posting to the SpiralHost web site: www.spiralhost.com. SpiralHost customers are responsible for regularly reviewing the Policy. Continued use of the Services following any changes shall constitute acceptance of the changes.
This policy recognizes the fundamental fact that no one owns or controls the Internet. SpiralHost cannot monitor or control all the activities of our customers. We do not intend to actively screen, review, sensor, edit or take responsibility for the activities or content of our customers. Our customers, not SpiralHost, assume all responsibility relating to their Internet activities including, but not limited to:
- Aspects of the Customer's business
- Content and data provided by or through a Customer for use with the Services
- Decisions about Customer's computer and communications systems needed to access the Services
- Results obtained from using SpiralHost Services
- Compliance with all applicable laws and governmental regulations regarding Customer's business or use of the Services
- Use of the SpiralHost services by Customer's end users
- Compliance with this Acceptable Use Policy by the Customer and Customer's end users
Activities conducted on the Internet are subject to many of the same laws and regulations applicable to the offline environment. Customers must exercise a high degree of judgment and responsibility with respect to their use of the Services, including the responsibility to comply with this Acceptable Use Policy. Customers will violate this Policy when they or their affiliates engage in any of the following activities:
» Network Abuse
Using the SpiralHost network in anyway that adversely affects other SpiralHost customers is strictly prohibited. This includes but is not limited to:
- Gaining or attempting to gain unauthorized access to servers or services. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, probing, monitoring or testing for system or network vulnerabilities.
- Introducing viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, packet bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- Running programs continuously in the background without our permission.
- Intentionally omitting, deleting, forging or misrepresenting transmission information, including headers, return addressing information and IP addresses.
- Using IP addresses which were not assigned to them by SpiralHost.
- Running Internet Relay Chat (IRC) bots or clients.
- Distributing any type of audio or video files without prior permission from SpiralHost.
» Illegal Content
Accounts may be terminated that include content or which have links to content that:
- Is unlawful or is considered offensive by the web community, including but not limited to adult/pornographic material.
- Promotes injury or physical harm against any group or individual.
- Promotes or teaches illegal activities.
- Exploits or depicts children in a negative way.
- Infringes on copyright, patents, trademarks, trade secrets, or other intellectual property including pirated computer programs, cracker utilities, warez and software serial numbers or registration codes.
- Violates any law, statute, ordinance or regulation governing the Customer's business or activities, including without limitation the laws and regulations governing export control, unfair competition, false advertising, consumer protection, issuance or sale of securities, trade in firearms, privacy, data transfer and telecommunications.
Only authorised and secure formmail scripts are permitted to run on our servers. Please seek permission from SpiralHost before uploading any form-to-email scripts.
» Unsolicited Email
SpiralHost has zero-tolerance for unsolicited commercial advertisements (spam) originating from our servers or for spam advertising of domains hosted on our servers. It is prohibited to:
- Alter or remove electronic mail headers (i.e. Stealth Spam).
- Send mail on behalf of a domain not hosted on SpiralHost servers.
- Use email to harass or intimidate others. If a recipient asks to stop receiving your e-mail, you must not send them any further messages.
» Bulk or Commercial Email
You must comply with the CAN-SPAM Act of 2003 and other laws and regulations applicable to bulk or commercial email. In addition, you must obtain SpiralHosts advance approval for any bulk email, demonstrating all of the following to SpiralHosts reasonable satisfaction:
- Your intended recipients have given their consent to receive email from you via some affirmative means, such as an opt-in procedure.
- Your procedures for seeking consent include reasonable means to ensure that the person giving consent is the owner of the email address for which consent is given.
- You retain evidence of each recipient's consent in a form that can be promptly produced on request, and you honor recipient's and SpiralHost's requests to produce consent evidence within 72 hours of receipt of the request.
- You have procedures in place that allow a recipient to revoke their consent - such as a link in the body of the email, or instructions to reply with the word "Remove" in the subject line; you honor revocations of consent within 48 hours, and you notify recipients that the revocation of their consent will be implemented in 48 hours.
- You must post an email address for complaints (such as abuse@yourdoman.com) in a conspicuous place on any website associated with the email, you must register that address at abuse.net, and you must promptly respond to messages sent to that address.
- You must have a Privacy Policy posted for each domain associated with the mailing.
- You have the means to track anonymous complaints.
- You may not obscure the source of your email in any manner. Your email must include the recipients email address in the body of the message or in the "TO" line of the email.
- You must not attempt to send any message to an email address if 3 consecutive delivery rejections have occurred and the time between the third rejection and the first rejection is longer than fifteen days.
These policies apply to messages sent using SpiralHosts services, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site or an email address hosted via your SpiralHost account. In addition, you may not use a third party email service that does not practice similar procedures for all its customers. These requirements apply to distribution lists prepared by third parties to the same extent as if the list were created by you.
SpiralHost may test and otherwise monitor your compliance with its requirements, and may block the transmission of email that violates these provisions.
» Email Etiquette
When sending email, especially bulk email, help to avoid receiver irritation and excessive mail server load by:
- Uploading large attachments to your web space, placing a link to them in your email for the receiver to download if required.
- Breaking up bulk email sending into blocks of no more than 400 emails per hour per domain.
» Account Cancellation
This Acceptable Use Policy (AUP) is not exhaustive. SpiralHost has the right to refuse service to anyone at any time WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to a violation of the Acceptable Use Policy as outlined above.
|