1. Illegal UsageAny 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.
2. Unsolicited Commerce Email & Material - SPAMSpam 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.
3. SecurityAny 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.
4. Copyright InfringementIf 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
5. Violation of Rights Other Than CopyrightViolating 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.
6. Child Pornography, Child Erotica and BeastialityUse 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.
7. U.S. Export LawsUse 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/
8. IP AddressesThe 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.
9. Customer's ResponsibilitiesYou 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.
10. Actions Upon AUP ViolationsAny 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.
11. Disclosure of InformationIn 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.
12. Other AbuseThe 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.
13. Contact InformationOur 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.
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 300 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.