Updated November 16, 2005
HGPowerHosting.Com's Acceptable Use Policy ("AUP") is provided
to give our customers and users a clear understanding of what HGPowerHosting.Com
expects of them while using the service. All users of HGPowerHosting.Com'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 HGPowerHosting.Com Service constitutes acceptance and agreement to
HGPowerHosting.Com's AUP.
*All
hosting payments To HGPowerHosting.Com Are Non-Refundable With the Exception
of the 1st payment, which carries a 30-Day money back guarantee* Managed
servers are excluded from this guarantee.
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 this AUP, we may remove any materials
that, in our sole discretion, may be illegal, may subject us to liability,
or which may violate this AUP. HGPowerHosting.Com 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 HGPowerHosting.Com
account or other actions WITHOUT PRIOR NOTICE.
This
document is intended to provide a basic understand of HGPowerHosting.Com's
Acceptable Use Policy. The following are guidelines for the establishment
and enforcement of HGPowerHosting.Com'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
HGPowerHosting.Com
intends to provide its customers access to everything the Internet has
to offer. While the HGPowerHosting.Com is firmly committed to the principles
of free speech, certain activities that may be damaging to the resources
of both the HGPowerHosting.Com and the Internet and cannot be permitted
under the guise of free speech. The resources of the HGPowerHosting.Com
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 CPU 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 virtual site to publish material, which HGPowerHosting.Com
determines, at its sole discretion, to be unlawful, indecent or objectionable.
This would include, but not limited to, pornography of any type, items
involving witchcraft, divinity, palm reading, fortune telling, Satanic
worship, ocultic practices, and the like. 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
an HGPowerHosting.Com account is used to violate the Acceptable Use Policy,
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@HGPowerHosting.com.
VIOLATIONS
OF the HGPowerHosting.Com ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
Illegal
use: HGPowerHosting.Com's services may not be used for illegal purposes,
or in support of illegal activities. HGPowerHosting.Com reserves the right
to cooperate with legal authorities and/or injured third parties in the
investigation of any suspected crime or civil wrongdoing.
Harm
to minors: Use of the HGPowerHosting.Com service to harm, or attempt to
harm, minors in any way, including, but not limited to child pornography.
Threats:
Use of the HGPowerHosting.Com service to transmit any material (by e-mail,
uploading, posting or otherwise) that threatens or encourages bodily harm
or destruction of property.
Harassment:
Use of the HGPowerHosting.Com service to transmit any material (by e-mail,
uploading, posting or otherwise) that harasses another.
Fraudulent
activity: Use of HGPowerHosting.Com 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."
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
infrmation is prohibited. The use of anonymous remailers or nicknames
does not constitute impersonation.
Unsolicited
commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the HGPowerHosting.Com
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 HGPowerHosting.Com account.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services on our 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 HGPowerHosting.Com account.
E-mail
/ Message Forging: Forging any message header, in part or whole, of any
electronic transmission, originating or passing through the HGPowerHosting.Com
service is in violation of this AUP.
Usenet
SPAMing: HGPowerHosting.Com 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.
Unauthorized
access: Use of the HGPowerHosting.Com service to access, or to attempt
to access, the accounts of others, or to penetrate, or attempt to penetrate,
security measures of HGPowerHosting.Com'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 HGPowerHosting.Com
account is subject to immediate termination.
Copyright
or trademark infringement: Use of the HGPowerHosting.Com 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.
Collection
of personal data: Use of the HGPowerHosting.Com service to collect, or
attempt to collect, personal information about third parties without their
knowledge or consent.
Network
disruptions and unfriendly activity: Use of the HGPowerHosting.Com service
for any activity which affects the ability of other people or systems
to use HGPowerHosting.Com 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. HGPowerHosting.Com
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.
Fraud:
Involves a knowing misrepresentation or misleading statement, writing
or activity made with the intent that the person receiving it will act
upon it.
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.
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.
Inappropriate
Use of Software: Use of software or any device that would facilitate a
continued connection, i.e. pinging, while using HGPowerHosting.Com services
could result in suspension service.
Downloads:
In order to maximize uptime on our servers, downloads of any kind (media,
backups, warez, etc.) that utilize more than 10% CPU resources are forbidden.
Third
Party Accountability: HGPowerHosting.Com 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.
Violation
Of HGPowerHosting.Com Virtual Accounts: It is absolutely forbidden to
host illegal pornographic content whereas the subjects are under the age
of majority, or IRC servers on Virtual Server Accounts. Virtual Server
Accounts found hosting this material will be subject to immediate cancellation
without refund.
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.
Security
You
are responsible for any misuse of your account, even if the inappropriate
activity was committed by a client, 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. HGPowerHosting.Com 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
HGPowerHosting.Com
virtual site and reseller accounts operate on shared resources. Excessive
use or abuse of these shared network resources by one customer (eg. in
excess of 10% CPU usage) 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
HGPowerHosting.Com systems or networks. HGPowerHosting.Com reserves the
right to terminate or limit such activities
REPORTING
VIOLATIONS OF HGPowerHosting.Com AUP
HGPowerHosting.Com
requests that anyone who believes that there is a violation of this AUP
direct the information to the Abuse Department at abuse@HGPowerHosting.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. HGPowerHosting.Com 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
HGPowerHosting.Com
reserves the right to revise, amend, or modify this AUP, and our other
policies and agreements at any time and in any manner.
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