Legal - Acceptable Use Policy

Acceptable Use Policy


By using ExiaHost's services ("ExiaHost", "our", "us", or "we"), you ("Customer", "you", or "your") agree to follow and comply with our policies stated below. The Acceptable Use Policy (AUP) sets the terms and responsibilities you must follow in order to retain access to your account.
We reserve the right to make changes to this AUP at any time. If we make any change to the AUP, you will be notified through your email on file with us, as well as an announcement posted in your Client Area. If a change made to the AUP affects your usage of our services, you may terminate the affected account without penalty.
Failure to follow these terms listed in this AUP may be grounds for immediate account suspension or termination, without notice, and no credit for unused time will be issued. Due to the constant evolving nature of the Internet, we are unable to include all possible violations of our services in this AUP. We reserve the right to determine what other uses are unacceptable.
It is your responsibility to ensure that your End Users comply with the terms of this AUP. If your End Users fail to follow our AUP, it could result in suspension or termination of services. To report suspected abuses or any violations of these policies, please contact us at https://www.exiahost.com/clients/submitticket.php

1. Illegal Usage

Any unlawful activity on ExiaHost servers will result in termination of services. Transmission, storage, presentation or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. Below is a list of examples of violations of this policy. This list does not represent all unlawful uses of the services.
  1. obscene speech
  2. promoting violence or injury
  3. using defamatory, threatening or abusive language
  4. gambling, or similar activities such as HYIP (High Yield Investment Programs), Ponzi schemes or pyramid schemes
  5. online pharmacies
  6. violations of U.S. export control laws
  7. violation of intellectual property rights of others
  8. forging, misrepresenting, omitting or deleting message headers, return mailing information, or internet protocol addresses to conceal or misidentify the origin of a message
  9. creating or sending Internet viruses, worms or Trojan horses, flood or mail bombs, or engaging in denial of service attacks
  10. hacking, and/or subverting, or assisting others in subverting, the security or integrity of ExiaHost's services or systems
  11. acting in any manner that might subject us to unfavorable regulatory action, any liability for any reason, or adversely affect our public image, reputation or goodwill, as determined by us in our sole and exclusive discretion
  12. soliciting the performance of any illegal activity, even if the activity itself is not performed
  13. directly facilitating violation of a law or regulation and/or instructing others in prohibited activities
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2. Unsolicited Commerce Email & Material - SPAM

Spam is not allowed under this AUP. Sending spam could result in termination and/or suspension of your services. An electronic message is "spam" IF: (1) the recipient's personal identity and context are irrelevant because the message is equally applicable to many other potential recipients; AND (2) the recipient has not verifiably granted deliberate, explicit, and still-revocable permission for it to be sent; AND (3) the transmission and reception of the message appears to the recipient to give a disproportionate benefit to the sender. The following examples are to be used as a guide for what can be determined as spam: unsolicited or unauthorized advertising and promotional materials such as "junk mail," "instant messaging," "chain letters," or "pyramid schemes." Please note that we reserve the right to determine what constitutes as spam.
Using our services specifically for responses or to host advertised sites in spam is considered a violation of the Spam Agreement.

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3. Security

Any actions performed by you or your end users that could result in a compromise of our systems and/or our network is in violation of this AUP and may result in suspension or termination of your services. Based on your actions that are in violation of this AUP, you may be subject to criminal or civil liability. Examples of such actions include, but are not limited to, unauthorized access, use, probe, or scan of a system security or authentication measures, data or traffic; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
You are responsible for ensuring the security of your data, passwords, username and confidential information.

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4. Copyright Infringement

If you feel that your site has been duplicated by one of our customers, please contact us following the DMCA guidelines set here: http://www.copyright.gov/title17/92chap5.html#512

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5. Violation of Rights Other Than Copyright

Violating the intellectual property rights of others is not permitted by this AUP. These rights include, but are not limited to, copyright, trademark, trade secret and patent rights. Our services may not be used to violate the rights of others, which may include acts that defame, harass, abuse or threaten others. You are responsible for ensuring that your end users abide by this AUP.

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6. Child Pornography, Child Erotica and Beastiality

Use of the Services to disseminate or display images classified under U.S. law as child pornography, child erotica and/or bestiality is strictly prohibited. We shall immediately terminate the accounts of any customers and/or End Users who are using the Services in this manner, and report them as required by law, without prior notice. Further information about child pornography may be found at National Center for Missing and Exploited Children.

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7. U.S. Export Laws

Use of the services by you and/or your End Users is governed by U.S. export control laws. These laws apply regardless of whether you and/or your End User actually reside in the United States. You may not use our services in violation of these laws, or to conduct business with third parties from sanctioned countries. More information about U.S. export laws may be found at: http://www.export.gov/

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8. IP Addresses

The IP addresses that are assigned to your services may not be transferred. We reserve the right to modify your IP address at any time. Upon cancellation or termination of services, the IP addresses assigned are recycled for further uses. ARIN sets out strict policies that we must comply with regarding these IP addresses. Any changes in ARIN policies are NOT valid cause for account cancellations.

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9. Customer's Responsibilities

You are responsible for the content that is hosted on your account and ensuring that it is compliant with this AUP and relevant laws. This includes any content posted by end users or other third parties. We are not responsible for reviewing, editing, or taking responsibility for content that is hosted on your services. Therefore, any activity that results from inaccurate, unsuitable, offensive, or illegal content or transactions are not our responsibility.
Use of our service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use of the services. Customer agrees that he or she has the knowledge and skills necessary to properly use the Services. It is not our responsibility to provide such knowledge or skills beyond our commitment to support your use of our services as set forth in the TOS.

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10. Actions Upon AUP Violations

Any violation of the terms set in this AUP may result in suspension and/or termination of your account without prior notice. We reserve the right to determine what constitutes a violation of this AUP.
An investigation will be launched upon learning of a possible violation of this AUP. During the investigation, we reserve the right to suspend or otherwise restrict access to your services to prevent further activity. If the possible violation could be considered a criminal offense, we may notify the proper law enforcement authorities.
If your account has been suspended for an AUP violation, no credits shall be issued to your account. ExiaHost will not be held liable for damages to an End User that may have been caused by account suspension or termination.

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11. Disclosure of Information

In the event that we receive a court order, subpoena, summons, discovery request, warrant, or governmental request, we may disclose information - including information that may be considered confidential to yourself or your End Users - in order to properly comply with these messages. We are under no obligation to inform customers that this information is being disclosed and in some cases, may be prohibited by law. We may also disclose such information when it is necessary to protect us or others from harm.

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12. Other Abuse

The acceptable uses of our services may change over time. If it is determined that your use of our services negatively impacts our ability to provide service to other customers, subject us to liability, indicates your unfamiliarity with the use of our services, or if you abuse our support team, we may terminate your account without notice.

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13. Contact Information

Our primary means of contacting our clients is through email for issues related to support, billing, service changes, additions or modifications to our network, or any other client contact. It is therefore your responsibility to provide us with a stable, working, monitored email address and to update your account settings whenever you change your primary email address. We have no responsibility for communications that may be misdirected due to your failure to provide us with the appropriate contact information.

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13. Usage Restrictions

Our shared hosting services are restricted to the direct serving of web content over the HTTP protocol. You agree to only use our services for that purpose. Misuses of this include, but not limited to, distributed/grid computing, data warehousing/backup storage, and bandwidth sinks. At our own discretion, we shall determine what qualifies as a misuse of our shared hosting services. If you want to use a new application on our shared services but are unsure if it would fit into a valid use for it, please contact us through our Support department to verify the application for you.
Our shared hosting services are not to be used for email marketing. Mailing lists are not allowed on our shared hosting services. Emails are restricted to 150 emails per hour per domain for this reason. If you require email marketing for your domain, it is recommended to point your email elsewhere while leaving the domain here.
Any domain or account that uses an unacceptably high level of server resources, which include - but are not limited to - CPU usage, memory usage, and network resources, must reduce the overall usage to an acceptable level. Our Resource Abuse Policy sets the standards for acceptable resource usage. We shall provide the final standing on what is considered high usage versus acceptable usage.
Shared hosting accounts may not be used or transferred by anyone other than the owner of the account. You may not sell, lease, or assign any part of the connection to any party other than those named on your account. Allowing FTP access for End Users is not a violation of this AUP. Shared hosting accounts may not be used for distributing software applications or multimedia.
Shared hosting accounts may not be used to distribute and/or store an unusual amount of multimedia files. A multimedia file is defined as any graphic, audio, or video file. An unusual amount refers to any site with disk space usage storing multimedia files that exceed 70% of the total site usage, either in terms of total size or number of files on the account.
Chat rooms are strictly prohibited on our shared hosting accounts. Proxy servers/scripts, torrent trackers or clients may not be run, and we will not register or install any third-party software on our shared hosting servers.

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