ACCEPTABLE USE POLICY

Thank you for choosing HostMySite as your business partner. We've developed this Acceptable Use Policy (AUP) to help you use the products, services and equipment provided by us (Services), and ensure that you understand policies and procedures we have developed to comply with certain laws and regulations. All users of the Service must comply with this AUP. This AUP is made part of our Terms of Service (TOS). Your use and/or continuation of the Service constitutes your acceptance of this AUP. It is your responsibility, and contractual obligation, to ensure that your affiliates, agents, and/or customers (End User(s)) comply with this AUP.

HostMySite.com reserves the right to refuse to provide the Service at our sole discretion. You expressly understand that the evolving nature of the Internet and on-line commerce makes it necessary for us to reserve the right to make changes to this AUP at any time, and without notice. This AUP may not represent all possible ways in which you or an End User engage in unacceptable behavior. We reserve the right to determine, in our sole and exclusive judgment, what activities are unacceptable. The version of this AUP, available here, is the most recent version.

Notices.

Third parties who seek to inform us of violations of this AUP are required to read it, abide by its terms, and send notices to the appropriate address set out in this AUP. Notices sent to the wrong address will be not be reviewed. We do not review anonymous complaints.

If you believe that our AUP has been violated, and that the relevant paragraph addressing your concern does not have a particular notification address in it, you may send your inquiry to: abuse@hostmysite.com. As noted above, we do not review anonymous inquiries. Your notice must contain, at a minimum, your first and last name, and either a working, monitored e-mail address, or a working, monitored, telephone number.

Customers and End Users are solely responsible for content.

We do not review, edit, censor, or take responsibility for any information customers or End Users may create. Because of this, we cannot, and do not, accept any responsibility from customers, End Users, or third parties, resulting from inaccurate, unsuitable, offensive, or illegal content or transactions. We specifically reserve the right to refuse to provide the Service to customers or End Users engaged in the dissemination of material that may cause us to be subject to attacks on our network, or that while technically legal, run counter to our corporate principles. This type of content may include, but is not limited to, racist, pornographic, hateful material or those which create customer service or abuse issues for us.

Other Acceptable Use Policies may apply to you.

This AUP incorporates policies from other entities who provide products through us to you. These policies are “passed through” to you by this AUP. You are strongly encouraged to review these policies prior to agreeing to be bound by this AUP. We will provide you with information about these policies on request.

You are required to provide us with accurate information.

Individuals who contact us about this AUP, the behavior of our customers, or for other purposes, are required to provide us with accurate information to enable us to contact them and respond to their requests. We do not respond to anonymous correspondence, and will refer individuals who deliberately attempt to mislead us regarding their identity, or the basis for their complaints, to appropriate law enforcement officials.

Use of the Service

The Service may be used for lawful purposes only.

Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, this AUP, or our TOS, is prohibited. You may not use the Service to directly facilitate the violation of any law or regulation.

We expect you to use good business judgment in your conduct. The following list is designed to help guide you in determining if HostMySite.com is a suitable service provider for you, and provide you with examples of activities that may fall within this paragraph. It does not represent all unlawful uses of the Service by you or End Users:

  • forging, misrepresenting, omitting or deleting message headers, return mailing information, and/or internet protocol addresses, to conceal or misidentify the origin of a message;
  • creating or sending Internet viruses, worms or Trojan horses, flood or mail bombs, or engaging in denial of service attacks;
  • hacking, and/or subverting, or assisting others in subverting, the security or integrity of our products or systems;
  • soliciting the performance of any illegal activity, even if the activity itself is not performed; and/or
  • acting in any manner that might subject us to unfavorable regulatory action, subject us to any liability for any reason, or adversely affect our public image, reputation or goodwill, as determined by us in our sole and exclusive discretion.

U.S. Export Controls.

Your, and an End User's, use of the Service is governed by U.S. export control laws. These laws apply regardless of whether you, or an End User, actually reside in the United States. More information about U.S. export laws may be found at: http://www.export.gov/regulation/index.asp. These laws generally prohibit:

  • selling certain products and services outside the U.S., though you may be allowed to sell them in the U.S.; and/or
  • doing business with individuals or entities with whom U.S. citizens may not do business.

Copyright Infringement.

HostMySite.com complies with the Digital Millennium Copyright Act (DMCA). The DMCA provides very specific requirements that must be followed to notify us that our customers or End Users are engaging in copyright infringement. These guidelines are here: http://www.copyright.gov/title17/92chap5.html#512. Our designated agent for receipt of DMCA complaints is:

HOSTING General Counsel
Attention: HostMySite Legal Notices
900 S. Broadway
Denver, CO. 80209

Facsimile: 720-389-3846

Email: legal@hostmysite.com

Other Intellectual Property Issues.

You are required to comply with U.S. laws regulating trademarks, patents and other laws governing the use and dissemination of intellectual property. Complaints about abuse of intellectual property rights, other than copyright, may be directed to abuse@hostmysite.com

You may not send unsolicited commercial e-mail, or SPAM.

We define unsolicited commercial e-mail as e-mail that has not been requested by the recipient, is not compliant with the CAN-SPAM Act, or that, even if requested, or compliant with the CAN-SPAM Act, causes other entities to block our IP Addresses. You may not use the Service to host a site that is advertised in SPAM (a spamvertized site), even if you yourself are not engaged in spamming. If we determine that you or an End User are spamming, we will suspend or terminate your account, at our discretion. To report violations of this paragraph, please send an e-mail to: abuse@hostmysite.com

We filter your e-mail for SPAM

We use industry standard methods to filter outbound e-mail for SPAM. We will use commercially reasonable efforts to inform you that your outbound mail has been marked as SPAM and blocked. Please review your outbound e-mail to determine whether your e-mail has been blocked. You have the option of using a SPAM filter to scan inbound e-mail. Please familiarize yourself with this technology and its use.

Requests for Information about End Users and Privacy

Monitoring products, Cooperation with Law Enforcement and Legal Documents.

We may disclose information, including information that you consider confidential, in order to comply with a court order, subpoena, summons, discovery request, warrant, regulation, or governmental request which appears to be valid. We may also disclose such information when it is necessary for us to protect our business, or others, from harm. We assume no obligation to inform you that we have provided this type of information unless we have affirmatively agreed to do so. In some cases we may be prohibited by law from giving such notice.

Law enforcement agencies who seek information about customers, End Users, and third parties and/or their use of the Service, are required to submit a subpoena, or other similar document, pursuant to which we are required by law to produce this information (Subpoena). Unless specifically required by law and so clearly communicated to us, the Subpoena will be transmitted to the customer, End User, or third party.

Civil demands for information, such as discovery requests and similar demands (Civil Demands), must be part of a filed and pending litigation matter. Responses to Civil Demands are at our discretion. Responses are subject to a response fee of $275 per hour. We do not honor requests from civil litigants to limit or to pre-approve response expenses. Civil litigants are encouraged to contact us prior to serving Civil Demands in order to minimize their expense.

Address for Subpoenas and Civil Demands:

HOSTING General Counsel
Attention: HostMySite Legal Notices
900 S. Broadway
Denver, CO. 80209

Facsimile: 720-389-3846

Email: legal@hostmysite.com

Privacy Policy

Our privacy policy may be found here: http://www.hostmysite.com/privacypolicy/. Entities who provide products to us may have privacy policies that differ from ours. We will provide you with links to their privacy policies on your written request.

How we administer the network on which the Service is provided.

It is your obligation to ensure that you have thoroughly considered how the Service is deployed, and our network configured, prior to using the Service. In particular, you are responsible for ensuring that any material you place on our servers, or transmit using our network, does not adversely impact our ability to provide the Service to other customers. We reserve the right to suspend and/or terminate the Service, in our absolute discretion, should your use of them cause instability in our network or on our servers.

You cannot use IP addresses which were not assigned to you by us. If it is determined that you are using IPs which were not officially assigned by us, the Service will be suspended until such time as the IP address overlap can be corrected. We own the IP numbers and addresses that may be assigned to you by us. These addresses may not be assigned or transferred, and are recycled by us on termination of your use of the Service. We may, in our sole discretion, change these addresses.

Security

While we are concerned with security, the Internet is no more secure than other means of communication. You should assume that all on-line communications are insecure. We are not responsible for the security of any information posted to, transmitted over, our servers or using our equipment. We reserve the right to take immediate action to suspend or terminate your account if, in our sole and exclusive discretion, you are engaging in activities that jeopardize our security, the security of other customers, or of the Internet in general. You may not be provided with advance notice that we are taking such action.

We make tools available to you that are designed to make your use of the Internet more secure. These tools are provided on an AS-IS basis and are used at your own risk. You are encouraged to evaluate other methods of making your Internet transactions more secure.

Suspension and/or Termination of products, and Credits.

If you violate our AUP, and we suspend or terminate the Service, you will not receive a refund of any fees paid to us. Your failure to abide by any of the items set out in this AUP is grounds for suspension or termination of the Service. Any termination or suspension may be undertaken with, or without, notice to you. You agree to hold us harmless from any claims that a suspension or termination of products for this reason has damaged you.

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