The following agreement is by and between WinWebHosting.com, and the respective customer (now known as CUSTOMER) acquiring web hosting and related services from the former.
WinWebHosting's Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what WinWebHosting expects of them while using the service. All users of WinWebHosting's Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).
Use of WinWebHosting Service constitutes acceptance and agreement to WinWebHosting's AUP as well as WinWebHosting's TOS (Terms of Service)
This Acceptable Use Policy applies to all persons and entities (collectively, "customers") using the products and services of WinWebHosting including Internet service. The policy is designed to protect the security, integrity, reliability, and privacy of both the WinWebHosting network and the products and services WinWebHosting offers to its customers. WinWebHosting reserves the right to modify this policy at any time, effective immediately upon posting of the modification. Your use of WinWebHosting's products and services constitutes your acceptance of the Acceptable Use Policy in effect at the time of your use. You are solely responsible for any and all acts and omissions that occur during or relating to your use of the service, and you agree not to engage in any unacceptable use of the service.
What Uses are Prohibited?
Unacceptable use includes, but is not limited to, any of the following:
1. Posting, transmission, re-transmission, or storing material on or through any of WinWebHosting's products or services, if in the sole judgment of WinWebHosting such posting, transmission, re-transmission or storage is: (a) in violation of any local, state, federal, or non-United States law or regulation (including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations); (b) threatening or abusive; (c) obscene; (d) indecent; or (e) defamatory. Each customer shall be responsible for determining what laws or regulations are applicable to his or her use of the products and services.
2. Installation or distribution of "pirated" or other software products that are not appropriately licensed for use by customer.
3. Deceptive marketing practices.
4. Actions that restrict or inhibit anyone - whether a customer of WinWebHosting or otherwise - in his or her use or enjoyment of WinWebHosting's products and services, or that generate excessive network traffic through the use of automated or manual routines that are not related to ordinary personal or business use of Internet services.
5. Introduction of malicious programs into the WinWebHosting network or servers or other products and services of WinWebHosting (e.g., viruses, Trojan horses and worms).
6. Causing or attempting to cause security breaches or disruptions of Internet communications. Examples of security breaches include but are not limited to accessing data of which the customer is not an intended recipient, or logging into a server or account that the customer is not expressly authorized to access. Examples of disruptions include but are not limited to port scans, flood pings, packet spoofing and forged routing information.
7. Executing any form of network monitoring that will intercept data not intended for the customer.
8. Circumventing user authentication or security of any host, network or account.
9. Interfering with or denying service to any user other than the customer's host (e.g., denial of service attack).
10. Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable a user's terminal session.
11. Failing to comply with WinWebHosting's procedures relating to the activities of customers on Cogent-owned facilities.
12. Furnishing false or incorrect data on the order form contract (electronic or paper) including fraudulent use of credit card numbers or attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization or other methods to document "use" of WinWebHosting's products or services.
13. Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material, who were not previous customers of the customer or with whom the customer does not have an existing business relationship (e.g., E-mail "spam").
14. Harassment, whether through language, frequency, or size of messages.
15. Unauthorized use or forging of mail header information.
16. Solicitations of mail or any other E-mail address other than that of the poster's account or service, with the intent to harass or collect replies.
17. Creating or forwarding "chain letters" or other "pyramid schemes" of any type.
18. Use of unsolicited E-mail originating from within the WinWebHosting network or networks of other Internet Service Providers on behalf of or to advertise any service hosted by WinWebHosting or connected via the WinWebHosting network.
19. Exporting, re-exporting, or permitting downloads of any content in violation of the export or import laws of the United States or without all required approvals, licenses and exemptions.
No failure or delay in exercising or enforcing this policy shall constitute a waiver of the policy or of any other right or remedy. If any provision of this policy is deemed unenforceable due to law or change in law, such a provision shall be disregarded and the balance of the policy shall remain in effect.
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.
Offering video and/or audio streaming or downloads, MP3 Files, Games and shareware is also not permitted on any WinWebHosting server.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account.
Resource Usage :
User may not: Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: ASP.NET, CGI scripts, FTP, PHP, HTTP, etc. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers. Run any software that interfaces with an IRC (Internet Relay Chat) network. Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers. Participate in any file-sharing/peer-to-peer activities Run any gaming servers such as counter-strike, half-life, battlefield1942, etc Run cron entries with intervals of less than 15 minutes When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php") While our shared services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 10% of the server resources and/or 10% of the server's CPU. This means that if your website is found to be utilizing more than 10% of the CPU and memory of the service, we reserve the right to take your site offline. If this becomes necessary, you can either upgrade your hosting package, or request a pro-rated refund of the amounts you have paid in advance for the services. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.
Abusable Resources
Upon notification of the existence of an abusable resource (e.g., open news server, unsecured mail relay, or smurf amplifier), the customer shall immediately take all necessary steps to avoid any further abuse of such resource. Any abuse of an open resource that occurs after the customer has received such notification shall be considered a violation of this policy and enforced as such.
Enforcement
WinWebHosting may immediately suspend and/or terminate the customer's service for violation of any provision of this policy upon verbal or written notice, which notice may be provided by voicemail or E-mail. Prior to suspension or termination, WinWebHosting attempts to work with our customers to cure violations of this policy and ensure that there is no re-occurrence; however, WinWebHosting reserves the right to suspend or terminate based on a first offense.
Electronic Communications Privacy Act Notice
WinWebHosting makes no guarantee of confidentiality or privacy of any information transmitted through or stored upon WinWebHosting technology, and makes no guarantee that any other entity or group of users will be included or excluded from WinWebHosting's network. In addition, WinWebHosting may periodically monitor transmissions over its network for maintenance, service quality assurance or any other purpose permitted by the Electronic Communications
Privacy Act, P.L. No. 99-508, as amended.
