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Acceptable
Use Policy
As
a provider of web site hosting, and other Internet-related
services, Sexy Hosting offers its clients, and their customers
and users, the means to disseminate a wealth of public, private,
commercial, and non-commercial information. Sexy Hosting
respects that the Internet provides a forum for free and open
discussion and dissemination of information, however, when there
are competing interests at issue, Sexy Hosting reserves the
right to take certain preventative or corrective actions. In
order to protect these competing interests, Sexy Hosting 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 utilizing Sexy Hosting’s
services. This AUP will be revised from time to time. A
customer's use of Sexy Hosting’s after changes to the AUP are
posted on Sexy Hosting’s web site, www.Sexy-hosting.com, will
constitute the customer's acceptance of any new or additional
terms of the AUP that result from those changes.
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 the Internet to
disseminate information to others.
When
information is disseminated through the Internet, they also must
keep in mind that Sexy Hosting does not review, edit, censor, or
take responsibility for any information its clients 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 they create is carried over Sexy Hosting’s network
and may reach a large number of people, including both clients
and non-clients of Sexy Hosting, clients' postings to the
Internet may affect other clients and may harm Sexy Hosting’s
goodwill, business reputation, and operations. For these
reasons, clients violate Sexy Hosting 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 messages over the Internet
(known as "spamming"). It is not only harmful because
of its negative impact on consumer attitudes toward Sexy Hosting,
but also because it can overload Sexy Hosting's network and
disrupt service to Sexy Hosting clients. Also, maintaining an
open SMTP relay is prohibited. When a complaint is received, Sexy Hosting
has the discretion to determine from all of the evidence whether
the e-mail recipients were from an "opt-in" e-mail
list.
Intellectual
Property Violations
Engaging
in any activity that infringes or misappropriates the
intellectual property rights of others, including copyrights,
trademarks, service marks, trade secrets, software piracy, and
patents held by individuals, corporations, or other entities.
Also, engaging in activity that violates privacy, publicity, or
other personal rights of others. Sexy Hosting is required by law
to remove or block access to customer content upon receipt of a
proper notice of copyright infringement. It is also Sexy Hosting’s
policy to terminate the privileges of customers who commit
repeat violations of copyright laws.
Adult
Material
Because
the Internet is a global communication tool, and we have clients
from nearly every country in the world it is difficult to
dictate what is considered "adult material." However,
it is not our function to discriminate against those who choose
to utilize adult content or adult related material. Sexy Hosting
allow adult content or adult related material.
Defamatory
or Abusive Language
Using
Sexy Hosting’s network as a means to transmit or post
defamatory, harassing, abusive, or threatening language.
Forging of
Headers
Forging
or misrepresenting message headers, whether in whole or in part,
to mask the originator of the message.
Illegal or
Unauthorized Access to Other Computers or Networks
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 might be used as a
precursor to an attempted system penetration (i.e. port scan,
stealth scan, or other information gathering activity).
Background
Running Programs
Background
Daemons in general are prohibited on Sexy Hosting servers,
including, but not limited to, IRC bots, eggdrop, BitchX,
XiRCON, warez sites and any other program that interferes with
normal server operation.
Sexy Hosting
will be the sole arbitor of what consitutes a violation of the
above policy.
Distribution
of Internet Viruses, Worms, Trojan Horses, or Other Destructive
Activities
Distributing
information regarding the creation of and sending Internet
viruses, worms, Trojan horses, pinging, flooding, mailbombing,
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.
Facilitating
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, mailbombing, 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
Sexy Hosting
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
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 Sexy Hosting
determines to be harmful to its clients, operations, reputation,
goodwill, or customer relations.
As
we have pointed out, the responsibility for avoiding the harmful
activities just described rests primarily with the client. Sexy Hosting
will not, as an ordinary practice, monitor the communications of
its client to ensure that they comply with Sexy Hosting policy
or applicable law. When Sexy Hosting becomes aware of harmful
activities, however, it may take any action to stop the harmful
activity, including but not limited to, removing information,
shutting down a web site, implementing screening software
designed to block offending transmissions, denying access to the
Internet, or take any other action it deems appropriate.
Sexy Hosting
also is concerned with the privacy of on-line communications and
web sites. In general, the Internet is neither more nor less
secure than other means of communication, including mail,
facsimile, and voice telephone service, all of which can be
intercepted and otherwise compromised. As a matter of prudence,
however, Sexy Hosting urges its clients to assume that all of
their on-line communications are insecure. Sexy Hosting cannot
take any responsibility for the security of information
transmitted over Sexy Hosting’s facilities.
Sexy Hosting
will not intentionally monitor private electronic mail messages
sent or received by its clients unless required to do so by law,
governmental authority, or when public safety is at stake. Sexy Hosting
may, however, monitor its service electronically to determine
that its facilities are operating satisfactorily. Also, Sexy Hosting
may disclose information, including but not limited to,
information concerning a client, 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. Sexy Hosting assumes no
obligation to inform the client that client information has been
provided and in some cases may be prohibited by law from giving
such notice. Finally, Sexy Hosting may disclose client
information or information transmitted over its network where
necessary to protect Sexy Hosting and others from harm, or where
such disclosure is necessary to the proper operation of the
system.
We
hope this AUP is helpful in clarifying the obligations of
Internet users, including Sexy Hosting and its clients, as
responsible members of the Internet. Any complaints about a
client's violation of this AUP should be sent to mailto:abuse@sexy-hosting.com
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