Your Host
Acceptable Use Policy
(“AUP”)
This AUP governs the use of
Your Company’s
web hosting service. Violation of this AUP may
result in suspension or termination of your service.
In the event of a dispute between you and Your Company regarding the interpretation of this
AUP, Your Company’s interpretation,
in its reasonable commercial judgment, shall
govern. If you have any questions regarding this
AUP, contact Your Company.
Offensive Content
You may not
publish or transmit via Your Company’s
service any content that Your Company reasonably
believes:
- constitutes child pornography;
- constitutes
pornography;
- is excessively violent,
incites violence, threatens violence, or
contains harassing
content or hate speech;
- is unfair or deceptive under the consumer
protection laws of any jurisdiction, including
chain letters and pyramid schemes;
- is defamatory or violates
a person’s
privacy;
- creates a risk to a
person’s safety
or health, creates a risk to public safety
or health, compromises national security, or
interferes
with a investigation by law enforcement;
- improperly exposes trade secrets or other
confidential or proprietary information of
another person;
- is intended to assist others in defeating
technical copyright protections;
- clearly infringes on
another person’s
trade or service mark, patent, or other property
right;
- promotes illegal drugs, violates export
control laws, relates to illegal gambling,
or illegal
arms trafficking;
- is otherwise illegal or solicits conduct
that is illegal under laws applicable to you
or to
Your Company; or
- is otherwise malicious, fraudulent, or may
result in retaliation against Your Company
by offended viewers.
Content “published or transmitted” via
Your Company ’s service includes Web
content, e-mail, bulletin board postings, chat,
and any other type of posting or transmission
that relies on any Internet service provided
by Your Company.
Security
You must take reasonable security precautions.
You must protect the confidentiality of your
password, and you should change your password
periodically.
Bulk Commercial E-Mail
You
must obtain Your Company ’s advance
approval for any bulk commercial e-mail, which
will not be given unless you are able to demonstrate
all of the following to Your Company ’s
reasonable satisfaction:
- Your intended recipients have given their
consent to receive e-mail via some affirmative
means, such as an opt-in procedure;
- Your procedures for soliciting consent include
reasonable means to ensure that the person
giving consent is the owner of the e-mail address
for
which the consent is given;
- You retain evidence of
the recipient’s
consent in a form that may be promptly produced
on request, and you honor recipient’s and
Your Company ’s requests to produce
consent evidence within 72 hours of receipt
of the request.
The body of the e-mail must describe how
the e-mail address was obtained, for example, “You
opted in to receive this e-mail promotion from
our Web site or from one of our partner sites,” and
information on how to request evidence of the
consent, for example, “If you would
like to learn more about how we received
your e-mail
address please contact us at abuse@cylinderhosting.com.
- You have procedures in
place that allow a recipient to easily revoke
their consent – such
as a link in the body of the e-mail, or instructions
to reply with the word “Remove” in
the subject line. Revocations of consent are
honored within 72 hours, and you notify recipients
that their revocation of their consent will
be honored in 72 hours;
- You must post an abuse@cylinderhosting.com
e-mail address on the first page of any Web
site associated with the e-mail, 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 e-mail in any manner. Your
e-mail must include the
recipients e-mail address in the body of the
message or
in the “TO” line of the e-mail;
and
- You otherwise comply with the CAN SPAM Act
and other applicable law.
These policies apply
to messages sent using your Your Company
service, 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 hosted via your Your Company service. In addition, you may not use
a third party e-mail service that does not
practice
similar procedures for all its customers.
Your Company may test and otherwise monitor
your compliance with its requirements, including
requesting opt-in information from a random sample
of your list at any time.
Unsolicited E-Mail
You may not send any unsolicited e-mail, either
in bulk or individually, to any person who has
indicated that they do not wish to receive it.
You must comply with the rules of any other
network you access or participate in using your
Your Company ’s services.
Material Protected by Copyright
You may not publish, distribute, or otherwise
copy in any manner any music, software, art,
or other work protected by copyright law unless:
- you have been expressly authorized by the
owner of the copyright for the work to copy
the work in that manner;
- you are otherwise permitted by established
United States copyright law to copy the
work in that manner.
Your Company will terminate the service
of repeat copyright infringers.
Copyright Infringement Notice (Digital Millennium
Copyright Act)
If you believe your copyright is being infringed
by a person using the Your Company network,
please contact Your Company for an address
to send your written notice of copyright infringement
to.
Your notice must include the following:
- A physical or electronic signature of a person
authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed;
- Identification
of the copyrighted work claimed to have
been infringed, or if multiple copyrighted
words at a single site are covered by a
single notification, a representative list
of such
works at that site;
- Identification of the material that is claimed
to be infringing or to be the subject of
infringing activity and that is to be removed
or access
to which is to be disabled, and information
reasonably sufficient to permit Your Company
to locate
the material;
- Information reasonably
sufficient to permit Your Company to
contact you, such as
an address, telephone number, and, if available,
an e-mail
address;
- A statement that you
have a good faith belief that use of the
material in the manner complained
of is not authorized by the copyright owner,
the copyright owner’s agent, or the
law;
- A statement that the information in the notification
is accurate, and under penalty of perjury
that you are authorized to act on behalf of
the owner
of an exclusive right that is allegedly infringed.
Other
You must have valid and current
information on file with your domain
name registrar for any
domain hosted on the Your Company network.
Disclaimer
Your Company
is under no duty, and does not by this AUP undertake
a duty, to monitor
or police our customers’ activities and
disclaims any responsibility for any misuse of
the Your Company network.
Inquiries regarding this policy should be directed
to help at
CylinderHosting.com.
[Possible Additional Provisions
Depending on Nature of Service]
Internet Abuse
You may not engage in illegal, abusive,
or irresponsible behavior, including:
- Unauthorized
access to or use of data, systems
or networks, including any attempt to probe,
scan or test the vulnerability of a system
or network or to breach security or authentication
measures (including those belonging to
Your Company and its customers) without
express
authorization
of the owner of the system or network;
- monitoring data or traffic on any network
or system without the authorization of the
owner of the system or network;
- Interference with service to any user, host
or network including, without limitation,
mail bombing, flooding, deliberate attempts
to overload
a system and broadcast attacks;
- Use of an Internet account
or computer without the owner’s authorization,
including, but not limited to Internet scanning
(tricking
other
people into releasing their passwords), password
robbery, security hole scanning, and port
scanning;
- Forging of any TCP-IP packet header or any
part of the header information in an e-mail
or a newsgroup posting; or
- Any conduct that is likely
to result in retaliation against the Your Company ’s network.
- Use of Your Company ’s network in
a way that unreasonably interferes with Your Company ’s other customers use of the
network
Newsgroup, Chat Forums, Other Networks
You must comply with the rules and conventions
for postings to any bulletin board, chat group
or other forum in which you participate, such
as IRC and USENET groups including their rules
for content and commercial postings. These groups
usually prohibit the posting of off-topic commercial
messages, or mass postings to multiple forums.
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