Acceptable Use Policy (A.U.P.)

Updated July 27th 2006.

Success Webmasters Hosting's reputation for providing high-quality web hosting to thousands of customers is critical. Because of our concern for the company's reputation, it is important to us that our customers use our services and the Internet in general, responsibly and courteously. Most of our customers do so and seldom need to refer to these AUPs.

By signing up with Success Webmasters Hosting for the provision of web hosting services, you agree to be bound by these AUPs, as well as by revisions to them. The following include, but are not limited to, examples of unacceptable uses of Success Webmasters Hosting's services which will result in suspension or termination of the customer's account. Success Webmasters Hosting reserves the right to amend these AUP's from time to time, in order to make necessary adjustments to reflect changes in the industry.

Affronts to Netiquette:

Unacceptable activities include spamming (sending unsolicited advertising to those with which the customer has no existing business relationship, posting off-topic advertising in newsgroups); spoofing (using a return email address which is not the valid reply address of the sender or sending an email message which does not contain enough information to enable the recipient to identify the party who is really sending the message; passive spamming (promoting a web site hosted by Success Webmasters Hosting by spamming from some other source), trolling (posting controversial messages in newsgroups to generate responses), mail bombing (inundating a user with email without any serious intent to correspond), and subscribing someone else to an electronic mailing list without that person's permission.

Server Abuse:

Any attempt to undermine or cause harm to a server, or customer, of Success Webmasters Hosting is strictly prohibited.

Unauthorized use of other people's accounts or computers Success Webmasters Hosting will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.

Any unauthorized use of accounts or computers by a Success Webmasters Hosting customer, whether or not the attacked account or computer belongs to Success Webmasters Hosting, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

Customers may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by Success Webmasters Hosting to be unacceptable use of Success Webmasters Hosting's services including abuse of server resources.

Abuse of the Legal Rights of Others:

Examples of unacceptable activities in this regard include posting private information about a person without their consent, infringing patent, trademark or copyright rights, defaming a person or business, and knowingly making available programs, viruses, or other code which will have a deleterious effect on third party computers. Success Webmasters Hosting supports free speech on the Internet, and will not suspend or terminate a customer's account simply because it disagrees with the views expressed by the customer. Where there are allegations that a customer's on-line activity has violated the legal rights of a third party, Success Webmasters Hosting will not substitute itself for a court of law in deciding tort claims raised by the third party.

Abuse of the Law:

Success Webmasters Hosting's services may be used for lawful purposes only. Illegality includes but is not limited to, transmission of threatening or harassing material, drug dealing, attempting without authorization to access a computer system ("hacking"), pirating (distributing copyrighted material in violation of copyright law), gambling, schemes to defraud, trafficking in obscene material, violating export restrictions, stalking, or violating other applicable laws.

Hate Groups:

No hate groups or hate sites will be permitted at any time, or for any reason. No site may openly or overtly advertise itself as being a site that promotes hate or prejudicial activities of any kind. Success Webmasters Hosting reserves the right to immediate terminate service, without prior notice, if such conduct is observed on any site on Success Webmasters Hosting's servers. Success Webmasters Hosting monitors such activities regularly.

Abuse of Success Webmasters Hosting's Server Resources:

Running programs in the background on a Success Webmasters Hosting's server without Success Webmasters Hosting's prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses of Success Webmasters Hosting's servers. Also unacceptable is using a domain pointer to refer to a portion of a web site so as to use one site for several domain names. Further, any usage of twenty percent (20%) or more of our system resources is an undue burden on our system and is unacceptable. If your usage ever exceeds twenty percent (20%) of system resources, your account may be terminated immediately and without prior notice. Success Webmasters Hosting shall be the sole arbiter of what is and is not a violation of these acceptable use policies.

Password Protection:

Success Webmasters Hosting will turn over the administrative username and password for your account at the commencement of the contract. This username and password will be kept in your confidence throughout the contract term.

Intellectual Property Rights:

Material accessible through Success Webmasters Hosting's services may be subject to protection under copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, Customer must not use Success Webmasters Hosting or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Success Webmasters Hosting network. If Customer uses a domain name in connection with Success Webmasters Hosting or similar service, Customer must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Copyright Infringement - Software Piracy:

During the term of the hosting contract, Success Webmasters Hosting grants Customer a non-transferable, non-exclusive license to use the Software, in object code form only, for its internal needs, to be used solely on the Hardware provided, and solely in conjunction with the Services. Customer agrees that it will not, directly or indirectly copy the Software, except as is necessary to install on Hardware and for internal, archival purposes. In the event Customer makes any copies of the Software, Customer shall reproduce all proprietary notices on such copies; reverse engineer, decompile, disassemble, modify or otherwise attempt to derive source code from the Software; sell, lease, license, transfer, give possession of, or sub-license the Software or the documentation to others; write or develop any derivative or other software programs, based, in whole or in part, upon the Software or any Confidential Information.

The location of third party software found in your home directory that violates Copyright law is prohibited. Success Webmasters Hosting will work with the appropriate authorities in locating and removing any and all software that is deemed to be used in violation of a valid software license. Please do not locate, use, install, execute, or store software that you do not own a valid software license to, on Success Webmasters Hosting's servers. Violators will be terminated immediately and referred to law enforcement authorities.

IP Addresses:

Success Webmasters Hosting MAY assign and allow the use of IP addresses to the customer for the length of the contract. These IP addresses are the sole property of Success Webmasters Hosting or its network provider, are non-portable, and will be retained after service has ceased. Success Webmasters Hosting does reserve the right to change the customer IP address designation at any time. The use of an IP Address outside of your assignment by Success Webmasters Hosting will result in a $250 per hour administrative fee to restore correct IP addressing. This is also viewed as a breach of network security and your account will be taken offline until the problem is resolved. Administrative fees will be billed to your account the following business day.

Suspension:

Success Webmasters Hosting specifically reserves the right to suspend network service to your account at our discretion. Suspension will only occur for violation of our AUP, non-payment for services, or by request of legal authorities with proper legal documents. Suspension will only occur for the absolute minimal amount of time to resolve the issue at hand.

Violations of these Acceptable Uses Policies should be referred to

abuse@successwebmasters.net.

All complaints will be investigated promptly.

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