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ASPwebhosting.com

Acceptable Use Policy

This page defines our policies with regard to the use of our services, network and equipment. We encourage you to take the time to carefully read each section of this document.

Acceptable Use Terms and Conditions

Use of any ASPwebhosting.com service, network or device constitutes your complete agreement to become familiar with and comply with all of our policies, including our Terms of Service. This policy is a binding agreement and is incorporated as part of our terms of service. Your use of our network, systems and services constitutes your complete acceptance of this agreement in its entirety including any modification made during your term of service. You agree that you are responsible to become familiar with our policies and regularly review this page for changes.

The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. ASPwebhosting.com reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.

General Use

You are expected to use our services with respect, courtesy, and responsibility, giving due regard to the rights of other users, our employees, representatives, and agents. You are expected to have a basic knowledge of how web publishing functions, the types of uses which are generally acceptable for the product in which you are using, and the types of uses which are to be avoided. Use common sense and good judgment with regards to what is considered acceptable use. When in doubt, you are expected to contact a representative of ASPwebhosting.com for guidance and clarification.

This Acceptable Use Policy defines the actions which ASPwebhosting.com considers to be abusive, and thus, strictly prohibited. The following is strictly prohibited: Verbal abuse directed toward any ASPwebhosting.com employee is strictly prohibited and will not be tolerated. Termination of your account without refund may be a remedy chosen for reports of verbal abuse toward our employees.

You will not post, publish or disclose private email correspondence to or from our company, its representatives, employees or agents to any other party, either public or private, without the express written consent of an officer of ASPwebhosting.com, LLC.

Restricted Use

ASPwebhosting.com does not provide services to, or permit services to be used by, any country, entity, party or individual listed by The United States Department of Treasury's Office of Foreign Assets Control.

OFAC Website

ASPwebhosting.com will, at it's sole discretion, and without warning, terminate any services used by or provided to any entity listed by OFAC. This includes any site that is funded, in whole or in part, by donations, advertisement or direct funding from an entity listed by OFAC. No refund will be granted to any customer terminated for violation of this provision of our Acceptable Use Policy.

The use of, display of, or presentation in any form of any adult material considered pornographic in nature is strictly prohibited. Pornographic material is strictly prohibited on our servers, networks, and storage devices. Adult material is considered, but not limited to, any content that is considered sexual by nature, contains nudity, sexual acts, is obscene in any form including but not limited to photographs and drawings. Violation of this, or any other provision of this AUP is grounds for termination of your account(s) without refund or recourse. Adult related communities that are secured from access by minors may be permitted and are considered on a case by case basis. If you are not sure what constitutes adult content, please contact us for clarification.

Customers are prohibited from transmitting on or through any of ASPwebhosting.com's services or networks, any material that is, in our sole discretion, unlawful, obscene, threatening, abusive, libelous, or hateful, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.

ASPwebhosting.com services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or any state or local regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. ASPwebhosting.com reserves the right to remove or restrict access to such illegal material from its servers without your permission.

llegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted software, violation of U.S. export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities is strictly prohibited.

ASPwebhosting.com reserves the right to restrict or remove any content it deems illegal or inappropriate for general public use.

Privileged Use

ASPwebhosting.com may grant you privileged access to our services. Privileged access is considered any access that provides you administrative access to a particular device attached to our network, without regard to the method of access. Privileged access is considered a privilege, not a right, thus can be revoked at any time and for any reason.

Each individual provided privileged access to a device connected to our network must sign a privileged access agreement. No individual is permitted to share such privileged access with any other party without the express written consent of ASPwebhosting.com. Any individual, party or entity providing any other individual, party or entity privileged access to any device shall have their service immediately suspended or terminated, without refund, at the sole discretion of ASPwebhosting.com.

Any person or entity using privileged access to any device on our network is responsible for their actions, including, but not limited to, liability for any damage to any device caused by such use, whether that device is the device being accessed or not.

ASPwebhosting.com will prosecute any individual using privileged access for any purpose other than that which is necessary to maintain the functionality of the services provided by ASPwebhosting.com. Any use of privileged access to disrupt services, hack, spy, bypass, traverse or otherwise interfere with any other device or service provided by ASPwebhosting.com will be considered harmful to ASPwebhosting.com and constitute both criminal and civil action against the offending party.

Unacceptable Use

ASPwebhosting.com servers may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: "Pirated software", "Hackers programs or archives", "Warez Sites", "Irc Bots", "Mp3".

Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic exploitation of known security holes. Interference with service to any user, host or network including, and without limitation to, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Customers are not permitted to use our network for the purposes of monitoring any services, networks or websites either on our private network or on the public Internet. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting is strictly prohibited.

It is a violation for anyone who, including but not limited to, employs posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for their own account and internal use; or resale of access to services or scripts installed on our servers. It is an express violation of our policy for any person to resell hosting services for a shared hosting account, excluding our dedicated and virtual dedicated hosting plans. In other words, one web site is allowed per shared hosting account.

No Customer shall post defamatory, scandalous, or private information about any person without their express written consent, intentionally inflicting emotional distress, violating trademarks, copyrights, or other intellectual property rights.

Customers operating networks or servers that provide unsecured resources to the public by means of open relays, open proxies or other electronic mechanisms that can be utilized or exploited for purposes that are generally unaccepted by the Internet community, including, but not limited to, mass unsolicited email campaigns, web site hosting of unacceptable material as outlined in this AUP or any other unacceptable or illegal content, are in violation of this AUP and are subject to termination of services without notice or refund.

Use of SQL Server Enterprise Manager (SQLEM) without SP3 or SP3a is not permitted. See this page for a detailed explanation. In addition, using our production SQL Server servers for primary development and testing is not permitted. We allow our customers to connect to our SQL Server servers with SQLEM and Query Analyzer (SQLQA) in order to perform minor development changes and perform routine database maintenance. Customers performing major database development and testing should utilize their own workstations and servers for primary development purposes or purchase dedicated services.

This policy does not preclude you from using SQLEM or SQLQA to perform minor changes to your database, however, it does preclude you from using our production database servers as your primary source for database development and you cannot perform the majority of database development directly on our production servers. MSDE is an excellent and inexpensive platform available free from Microsoft for the purpose of providing a platform for your primary database development.

The use Data Transformation Services (DTS) is allowed for the purpose of occasionally transferring your database structure to or from our production servers, however, DTS is not permitted to be used as a replication tool to replicate your data to or from our production servers on a regular basis. These processes should be performed during off peak hours in order to prevent disruption to production services on shared SQL Servers.

Shared SQL Server services are designed to provide data services between customers databases and their websites via an internal private network. Although we permit remote connectivity to shared SQL Servers, this is not their primary function nor do we guarantee any service level of connectivity. While customers may use shared SQL Server services for remote applications, we consider this connectivity a low priority and may from time to time disconnect all external connections for troubleshooting purposes. All external connections are bound by the same performance rules and guidelines that govern internal connections to a shared SQL Server.

Customers using a disproportionate amount of shared server resources, such as CPU cycles, system memory, transactions, bandwidth, etc., as determined solely by, and at the discretion of ASPwebhosting.com, whether through the use of DTS, heavy database development, poor application design, poor database design, or due to high traffic volumes, are subject to temporary or permanent interruption of services, and Customer agrees to permit ASPwebhosting.com to temporarily disable any or all services deemed necessary to reduce the load on the servers and restore resources to normal operating levels for other customers sharing the services. Customer agrees that it is in the best interest of all parties sharing the server to disable Customer's site and/or database until such time the Customer can resolve any issue causing the application or database to consume an abnormal share of the servers resources and return the application or database back to a state of normal operation as determined solely by ASPwebhosting.com.

Please note that we do not arbitrarily interrupt our customers services. Only in severe cases where a single customer using a shared resource causes those resources to become unavailable to other customers do we temporarily interrupt the services only long enough to alleviate the problem. In most cases, customers causing performance problems on our production database servers are moved to a temporary "sandbox server" in order to restore services to their application as quickly as possible. We typically permit customers to run their database driven application in the "sandbox" environment for a few weeks while they attempt to resolve the issue. In the event the issue cannot be resolved, the customer will have the option to discontinue the use of our shared services or upgrade to a dedicated server.

ASPwebhosting.com expects you to design and test your code on your local computer(s) prior to publishing your code to our shared production servers. You understand and agree that all shared services and resources provided by ASPwebhosting.com are production services and resources only. ASPwebhosting.com does not provide these shared services or resources for the purpose of testing and debugging. You understand and agree that all testing and debugging is to be performed on your local equipment or on a dedicated server provided by ASPwebhosting.com. You understand and agree that you are not permitted to run your ASP or ASP.NET application in any debug mode when utilizing shared services or resources. You agree to be held liable for any damages and/or lost revenue incurred by ASPwebhosting.com caused by your use of shared services or resources for the purpose of testing or debugging whether intentional or unintentional, unless instructed to do so by ASPwebhosting.com in writing.

Email Use

Sharing email services with, or providing email services to, people outside of your company or organization is strictly prohibited. Email services are not to be provided to the general public. Abuse of our email services is grounds for termination of your account without refund.

Relay services (SMTP) are available using our web based email system or using SMTP components in your web pages. We do allow authenticated SMTP relay from your remote client devices and software. The maximum frequency in which client software is premitted to connect (POP/IMAP) and check for email is once every five (5) minutes. We reserve the right to restrict email users who check their email more frequently than one every five (5) minutes.

Shared email services provided by ASPwebhosting.com are not permitted to be used for the purpose of monitoring devices or services or for the purpose of a repetitive event notification system or service. This means that you are not permitted to send repetitive email notifications for the purpose of monitoring services or events. Our shared email services are not designed to provide this service. If you require monitoring services please consult with our sales engineering staff.

Sending mass email through our shared email servers is strictly prohibited and grounds for suspension or termination of your account without warning. If you require high volume email services please consult a sales engineer regarding our dedicated email services. ASPwebhosting.com considers mass emailing any mailing which exceeds 50 recipients per email, 1000 emails per hour, or 5000 emails per day. ASPwebhosting.com reserves the right to delete any emails found on our mail servers which violate this policy, queued or otherwise.

We do not permit our clients to send unsolicted email from our networks. We do not permit websites hosted by ASPwebhosting.com, or on ASPwebhosting.com equipment, networks or facilities, to be advertised by UCE (Unsolicited Commercial Email or SPAM). If you host a site on any ASPwebhosting.com equipment or using any ASPwebhosting.com network, you hereby agree that you will not permit your web site or services to be advertised by UCE (Spam). Web sites advertised by UCE (SPAM) may be terminated by ASPwebhosting.com without any obligation of refund for services paid by you.

In order to help prevent our mail servers from being blacklisted by RBL's (Realtime Black Lists) we have disabled the mail forwarding feature of our mail servers. This means that you must use email boxes on our mail servers and you cannot forward email offsite to accounts such as GMail, Yahoo, AOL or any other third party mail provider.

Our disabling of off-site mail forwarding prevents spam not caught by our spam filtering system from being inadvertently forwarded to a third party mail server, giving the false appearance that our mail server is the spam source and/or relay source.

Forwarding of received email from your local computer to third party mail servers by way of our mail servers is strictly prohibited and may cause your personal or business IP address to become automatically blocked by our security systems. We reserve the right to block any email received by our system and then subsequently forwarded to a third party mail server. We also reserve the right to lock any email account found forwarding email to third party mail servers.

Email is stored until such time as you delete your email. Each mailbox has a limited email storage capacity (default 5GB). Once your storage capacity has been reached, no more email can be delivered to your email box. Email identified as SPAM is flagged as such and delivered into a Junk Folder. Email in a users Junk Folder or Deleted Items Folder is purged after 14 days.

Spam Filtering

ASPwebhosting.com will make a reasonable effort to deliver legitimate email to your inbox while rejecting, deleting or tagging known SPAM. You acknowledge that ASPwebhosting.com employs a number of common email filtering techniques used to prevent SPAM (unsolicited commercial email) from being delivered to our customers email boxes and in doing so our systems may inadvertently reject, delete or deliver to a "junk" folder, legitimate emails.

These filtering techniques could prevent desired email from reaching your inbox. We do provide, however, a "junk" folder, which is accessible from your webmail interface. Emails determined to be SPAM and delivered into your "junk" folder are only retained for 14 days. You acknowledge and agree that ASPwebhosting.com has no obligation to store email delivered to your "junk" folder for more than 14 days and it is your responsibility to periodically review your "junk" folder and remove any emails incorrectly identified as spam before they expire 14 days after delivery.

You acknowledge and agree that ASPwebhosting.com has no obligation to accept email from any third party on your behalf and ASPwebhosting.com will block emails from servers that are commonly known to be open proxies, open relays or identified in any way as being a source of spam, as well as those mail servers that do not adhere to the proper implementation of Internet RFC's. You agree that ASPwebhosting.com assumes no liability for loss of revenue, profits or future revenue or profits due to your inability to send or receive any particular email. You also agree that ASPwebhosting.com's Limitation of Liability, as defined below, applies to any and all email services provided by ASPwebhosting.com and used by, including, but not limited to, your company, your company's employees, affiliates, contractors and sub-contractors.

Hacking, Cracking and Denial of Service

You may not attempt to circumvent user authentication or the security of any host, network, or account ("cracking"). This includes, but is not limited to, accessing any data not intended for use by you, logging into a server, account, directory or file you are not expressly authorized to access, or probing the security of any network or device, such as running a network scan or port scan program or similar tool or program.

You may not attempt to interfere with service to any user, host, device or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a device, host, server or service.

You may not use any kind of program/script/command, or send messages of any kind, designed to interfere with another user's session, via any means, locally or via the Internet.

Users who violate systems or network security may incur criminal and civil liability. ASPwebhosting.com will cooperate fully with law enforcement investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. We will file an IC3 report with the FBI upon receipt of any information that violates this policy.

You are required to have your domain record pointing to our name servers at all times while your account is active. You agree to remove our name servers as the name server of record when your account is cancelled or terminated.

Limitation of Liability

ASPwebhosting.com is not responsible in any manner for any nonconforming services to the extent caused by you, your customers or your representatives. ASPwebhosting.com assumes no liability for loss revenue, profits or future revenue or profits due to your inability to use any or all of our services. ASPwebhosting.com assumes no liability and is not responsible for loss or corruption of data in transmission, or for failure to send or receive data due to any and all events beyond ASPwebhosting.com's reasonable control. ASPwebhosting.com is not responsible for, and accepts no liability for, loss or corruption of Customers data or data backups. You agree that your sole remedy for any loss of data, loss of ability to connect to our systems or loss of the ability to use any or all of our services is strictly limited to a refund of your current month's hosting payment and any prepayment made by you. You agree that ASPwebhosting.com's maximum liability for any cause of action is strictly limited to a refund of your current months hosting fee. Your use of, or payment for, any of our services constitutes your complete agreement to this limitation of liability.

IN NO EVENT WILL ASPWEBHOSTING.COM, LLC OR ITS SUBSIDIARIES, AFFILIATES, CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES BE LIABLE UNDER ANY CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER CLAIM FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM THE USE OF OR THE INABILITY TO USE ANY SERVICES PROVIDED BY ASPWEBHOSTING.COM, SITE CONTENT OR ANY PRODUCTS OR SERVICES, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THESE SERVICES OR ANY SERVICE PROVIDED BY ANY THIRD PARTY.

Acceptance and Use

Your use of our service constitutes your complete acceptance and full agreement to all of the terms and conditions of this policy.

Policy Arbitration

ASPwebhosting.com is the sole arbiter as to what constitutes a violation of this or any other provision of this acceptable use policy and our Terms of Service. In the event of a dispute between you and ASPwebhosting.com, you agree that all legal proceedings are subject to the jurisdiction of the United States of America in the State of Arizona.

Email and Privacy Statement

Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site. The sending of UCE or bulk email is strictly prohibited and grounds for termination without refund or recourse.

Customer agrees to accept all email messages from ASPwebhosting.com and maintain a valid email address on file at all times. While it is not the policy of ASPwebhosting.com to send unsolicited messages to it's Customers, we may, at our discretion, and from time to time, send messages to our Customers regarding services, policies and other informational messages concerning our service(s). ASPwebhosting.com will never divulge or sell your email address to ANY third party nor send solicitation to your email address on behalf of ANY third party.

It is contrary to ASPwebhosting.com policy for customers to use our servers to effect or participate in any of the following activities:

  • To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list;
  • To send unsolicited mass e-mailings, bulk mail, spam or UCE;
  • To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a ASPwebhosting.com provided server, or using a ASPwebhosting.com provided server as a mail drop for responses;
  • To falsify user information provided to ASPwebhosting.com or to other users of the service in connection with use of a ASPwebhosting.com service.

Confidentiality

Use of ASPwebhosting.com services constitutes your legal acceptance of a binding agreement of confidentiality. Information regarding our systems and network, systems and network security and system and network performance is considered confidential and proprietary. Information communicated between both parties, ASPwebhosting.com and anyone representing you or your company or organization, in either electronic and non electronic form, are considered confidential and are to be held in strict confidence. Public disclosure of any information considered confidential is strictly prohibited and will be considered a breach of contract. You agree that you will assume full liability of damages for any breach of this confidentiality agreement by you, your agents or your representatives.

Our customer lists are confidential. You are not permitted to use our services to determine or acquire our customer base for the purposes of contacting our customers. Use of our services to determine customer contact information or any other means of ascertaining customer lists is strictly prohibited and considered a breach of contact. You assume full liability for all damages incurred in the event our services are used in any manner.