Acceptable Use Policy
Revision date: Aug 01, 2009As a provider of web site hosting and other Internet-related services, MaximHost offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. MaximHost respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, MaximHost reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, MaximHost has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using MaximHost' services. This AUP will be revised from time to time.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that MaximHost cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because MaximHost cannot monitor or censor the Internet, and will not attempt to do so, MaximHost cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must keep in mind that MaximHost does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over MaximHost' network and may reach a large number of people, including both subscribers and non-subscribers of MaximHost, subscribers' postings to the Internet may affect other subscribers and may affect MaximHost' goodwill, business, reputation or operations. For these reasons, subscribers violate MaximHost policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Spamming
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward MaximHost, but also because it can overload MaximHost' network and disrupt service to MaximHost' subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, MaximHost will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore MaximHost reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should MaximHost choose to pursue and prosecute.
Audio/Video Streaming
Audio/Video Streaming is not generally hosting friendly. As such, MaximHost reserves the right to suspend, discontinue, or otherwise terminate any account who is using excessive resources due to such. First warning will be via email. If the problem persists, your account will be suspended without notice and it will be required to alter your system to ensure better use of resources, or to upgrade to a dedicated server.
Adult Content
Adult content is allowed. HOWEVER, child porn, rape, or links to such content is STRICTLY PROHIBITED and may result in immediate termination. If you are on anything other than your own dedicated server and your account is found to be using resources in such a way that affects other customers on our servers, you will be warned and may need to upgrade to dedicated. If after the first warning the problem continues, your account may be suspended without notice to prevent interference with other customers, and you will be required to solve the problem by either optimizing, outsourcing, or upgrading to dedicated. The best resolution to a bandwidth problem would be use compression (optimized images (maybe use thumbnails), gzipped content (mod_gzip, zlib)).
The ability to host adult content is a privledge NOT a right! Please respect our policies regarding it, and we will respect your intent to host such content.
Forging of Headers
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message is not allowed.
Unauthorized Access
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).
Distribution of Malacious Software
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.
Facilitation a Violation of this AUP
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.
Export Control Violations
Exporting encryption software over the Internet or otherwise, to points outside the United States.
Usenet Groups:
MaximHost reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Other Illegal Activities
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.
Other Activities
Engaging in activities, whether lawful or unlawful, that MaximHost determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. MaximHost will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with MaximHost' policy or applicable law. However, when MaximHost becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by MaximHost.
MaximHost is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching MaximHost' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. MaximHost does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. MaximHost reserves the right to directly take action against a customer of its subscribers. Also, MaximHost may take action against the MaximHost' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, MaximHost anticipates that subscribers who offer Internet services will cooperate with MaximHost in any corrective or preventive action that MaximHost deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of MaximHost policy.
MaximHost will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. MaximHost may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, MaximHost may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. MaximHost assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, MaximHost may disclose subscriber information or information transmitted over its network where necessary to protect MaximHost and others from harm, or where such disclosure is necessary to the proper operation of the system. However, MaximHost will never sell information to other services or outside companies.
MaximHost expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate MaximHost policy. Finally, MaximHost wishes to emphasize that, in signing the Service Agreement, subscribers indemnify MaximHost for any violation of the Service Agreement, law or MaximHost policy resulting in loss to MaximHost or the bringing of any claim against MaximHost by any third party. This means that, if MaximHost is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against MaximHost, plus costs and reasonable attorney's fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including MaximHost and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to support@maximhost.com.