Acceptable Use Policy
Scope and Purpose
Host Virtual, Inc Corporation (hereafter referred to as "Host Virtual")
provides services to view and use products, services, and other materials
made available over the Internet (Content). By its nature, the Internet is
designed to permit the expression of a wide variety of commercial and
non-commercial messages, as well as purchase and use products, services,
and other items. However, the Internet is not owned or controlled by any
one entity. Host Virtual can not, and does not, monitor or control any
Content, including its customer's Content. Use of the Internet, as a
provider Content, or as a user of it, requires a high level of individual
judgment. By accessing the Internet, you assume the risk that Content
available through Host Virtual's services may be inaccurate, offensive,
illegal or otherwise unsuitable to your individual tastes, and/or needs.
Host Virtual can not, and will not, accept responsibility for injury that
results from this Content, even if that Content may be legally actionable.
To balance the often competing issues that the nature of the Internet
creates, Host Virtual has created this Acceptable Use Policy (AUP). This
AUP governs the use of the services provided by Host Virtual, its
customers, visitors to Host Virtual's web sites, and visitors to
customer's web sites (all such collectively referred to as "End Users").
It is a part of each customer's agreement with Host Virtual and is
incorporated by this reference. While this AUP is designed to facilitate
open and free use of the Internet, and balance issues presented by that
use, Host Virtual may take actions based on this AUP that in its sole
opinion are in its best business interests, regardless of whether the use
itself is legal.
In particular, Host Virtual encourages prospective customers to carefully
review sections of this AUP covering E-Mail/SPAM, Intellectual Property
Violations, and Security. A thorough review of those sections, and the
entire AUP, may help avoid creating issues under it that will cause Host
Virtual to take action, up to, and including, termination of a customer's
account.
Customers violate this AUP when they or End Users engage in activities
prohibited by it. It is a customer's responsibility and contractual
obligation to ensure that End Users comply with this AUP. Host Virtual
expects that customers will cooperate with it in the enforcement and
administration of this AUP. A customer's failure to do so is a violation
of their contract.
Conduct
Lawful Use
Host Virtual's services may be used for lawful purposes only. Customers
and End Users may not use Host Virtual's services to directly facilitate
the violation of any particular law or regulation. Use of Host Virtual's
services is governed by the laws of the United States, regardless of our
physical location or that of the Customer or End User.
Other Acceptable Use Policies
When using Host Virtual to connect to other systems, Customers and/or End
Users must respect any acceptable use policies, terms of service, terms and
conditions or similar restrictions placed on their use by the owners of
those systems.
Services we provide may be subject to other acceptable use policies. We
will provide these acceptable use polices to you on request.
Accountability
Any use of Customer's account, server, or any other service provided by
Host Virtual will be considered use by the individual or entity set out in
Host Virtual's records as the owner, or principal contact. This individual
or entity will be held responsible for all contractual obligations
including violations of this AUP. The security of Customer's systems and
account details are the responsibility of the customer. The primary contact
is considered the owner or authorized user of all data using Host
Virtual's services.
Host Virtual recommends that Customers take steps to ensure that all use
of their account and/or server is authorized. This includes restricting
physical access to their computers and networks, logging their use, and
ensuring that their account details (especially passwords) are stored
securely. Connecting a computer to the Internet exposes it to millions of
other computers. Host Virtual recommends that Customers ensure that their
computer is secured against abuse from the Internet. All security related
responsibilities are those of the Customer unless otherwise agreed upon in
writing. Computers are configured to facilitate their operation in Host
Virtual's network. This configuration may be less secure than others.
Customers are encouraged to review security protocols and ensure that they
have selected the security level fitting their needs. Host Virtual makes no
warranties regarding the security of its network.
Host Virtual reserves the right to change this AUP without notice.
Continued use of Host Virtual's services constitutes acceptance of the
most current version of the AUP.
It is the responsibility of the customer to notify Host Virtual of any
changes to their account or contact information. Host Virtual has no
responsibility for communications that are misdirected as a result of
Customer's failure to provide Host Virtual with updated contact
information.
Contacting Host Virtual regarding violation of this AUP
E-mail addresses used to contact Host Virtual are set out within this AUP.
Please note, that Host Virtual has created special addresses for certain
types of complaints. Complaints misdirected by a Customer or End User may
not be responded to. Complaints submitted to Host Virtual are not
confidential and may be forwarded to Host Virtual's customer or law
enforcement, without notice. Host Virtual does not recognize requests that
complaints be kept confidential, and will not honor those requests.
Complaints for which a particular e-mail or other contact address is not
specified in this AUP, should be sent to abuse@hostvirtual.com.
Complainants should include as much detail as possible. Relevant E-mails or
Usenet postings (including all headers) and logs, together with references
to charters, acceptable use policies and other supporting evidence should
all be included when they are available. Some abuse complaints may not
receive a reply depending on the volume of abuse complaints about that
particular issue.
Host Virtual recognizes that it is often expedient to request that Host
Virtual take action related to a Customer or End User. However, Host
Virtual is not always in the best position to take action. The fact that a
particular activity is prohibited in this AUP does not obligate Host
Virtual to take any specific action.
Intellectual Property Rights
Customers warrant that their use of Host Virtual's services are
authorized, and that they are the lawful owner, or licensee of Content,
placed on, or accessed through those services.
Copyright Infringement
The DMCA contains very specific criteria setting out what an allegation of
copyright infringement must contain. The criteria are available at
www.copyright.gov/title17/92chap5.html. Host Virtual is not
required to respond to notices that do not fall within these criteria.
Please review them carefully. Under Federal Law, you may be subject to
heavy civil penalties if you misrepresent your copyright interest in a DMCA
complaint.
Other Intellectual Property Infringement
Customers, and End Users, may not engage in activity that infringes or
misappropriates the intellectual property rights of others. This includes
but is not limited to, trademarks, service marks, trade secrets, software
piracy and patents. Complaints about such activity by Customers or End
Users may be directed to abuse@hostvirtual.com.
Certain Content Restrictions
Host Virtual does not knowingly host sites containing Child Pornography,
Child Erotica or Bestiality. For the purposes of this AUP, Host Virtual
does not distinguish between Child Pornography, and Child Erotica, and both
are collectively referred to as Child Pornography. Customers and End Users
are prohibited from using Host Virtual's services to disseminate or access
Child Pornography and Bestiality. Host Virtual is required by law to report
the use of its services to disseminate or display Child Pornography and
Bestiality. Host Virtual actively cooperates with law enforcement in their
efforts to prosecute violations of U.S. statutes restricting Child
Pornography and Bestiality, and will do so without informing Customers or
End Users.
Child Pornography and/or Bestiality complaints may be directed to
abuse@hostvirtual.com
Further information about child pornography may be found at www.ncmec.org
U.S. Export and Import Laws
Customers and End Users may not use Host Virtual's services to engage in
a violation of U.S. export and import control laws. Violation of these laws
may include selling products that may be legal to sell in the U.S., but
illegal to export; or legal to sell in one country, and illegal to sell in
the U.S. Customers may not use Host Virtual's services to provide services
to End Users with whom U.S. citizens may not do business.
More information about U.S. export laws may be found at
www.export.gov/exportcontrols.html
Privacy
Customers and End Users should not assume that any information in Host
Virtual's possession is confidential or will not be disclosed.
Customers and End Users should not assume that they will receive notice of
subpoenas and requests for information related to their accounts.
IP Addresses
Host Virtual owns IP numbers and addresses assigned to customers. Host
Virtual may, in its sole discretion, change these numbers. These numbers
may not be transferred to another provider.
Subpoenas and Other Requests for Information
Law enforcement agencies who seek information about Host Virtual's
customers, and/or their use of Host Virtual's services, are required to
submit a subpoena, or other similar document, pursuant to which Host
Virtual is required by law to produce this information (Subpoena). Unless
specifically required by law and so clearly communicated to Host Virtual,
the Subpoena will be transmitted to Host Virtual's Customer.
Civil demands for information, such as discovery requests and similar
demands (Civil Demands), must be part of a filed and pending litigation
matter. Responses to Civil Demands are at Host Virtual's discretion.
Responses are subject to a response fee of $250 per hour. Host Virtual does
not honor requests from civil litigants to limit or to pre-approve response
expenses. Civil litigants are encouraged to contact Host Virtual prior to
serving Civil Demands in order to minimize their expense.
Address for Subpoenas and Civil Demands:
Host Virtual, Inc
28 N 1st St, Suite #810
San Jose, CA 95113
Security
Unauthorized Access
Under no circumstances may Host Virtual's systems be used to gain access
or deny access to a system or attempt to gain or attempt to deny access to
a system without the permission of the system's owners (or rightful
users).
Denial of Service (DoS)
A Denial of Service (DoS) attack is designed to disproportionately consume
the resources of a system in order to reduce its ability to serve its
function.
Under no circumstances may Host Virtual's systems be used in DoS
attacks.
Prohibition of Abnormal, Damaging Traffic
Abnormal traffic shapes may cause determental effects to other users
and/or the network, and, in extreme cases, may have DoS attack like
effects.
Maximum pps Ratio
Customers must ensure that their packets per second (pps) ratio is below 1
packet/second per each 1000 bits/second (i.e. 1 pps per 1 Kb/s). Any higher
pps to bandwidth ratios will result in immediate service termination with
no grounds for reinstatement. Furthermore, Customer will be liable for a
minimum fine of $500 per hour that the pps ratio is exceeded, or greater
based on the scope of the effect on other users and/or the network.
Probes and Scans
Definitions
Probe
A probe is a connection made to a computer in order to determine if it has
a security vulnerability (for example, testing a mail relay to see if it
allows third party relay). This also includes un-authorized security
testing of any system or network.
Port-Scan
A port scan is making multiple attempts to connect to a computer on
different ports in order to determine the services it provides.
Sweep
A sweep is a series of attempts to connect to multiple network addresses
in order to determine whether they are in-use, providing a specific service
or to map a network's topology.
Spoofing
Spoofing is faking the details of a connection in order to make it appear
to come from a different computer, organization or individual without their
permission.
Prohibition of Probes, Port-Scans, Sweeps and Spoofing
Probes, port-scans, sweeps and spoofing of systems without the express
permission of the owners of those systems is prohibited, and may be
reported to law enforcement agencies.
Host Virtual reserves the right to use probes, port-scans, sweeps and
spoofing on any system connected to the Host Virtual network in the course
of performing security assessments and threat management.
Virus/Worm/Trojan Infections and Distribution
Virus infections are the responsibility of the customer and must be
rectified as soon as possible. Host Virtual reserves the right to
disconnect an infected customer if damage to other servers or third parties
cannot be avoided otherwise. Notification will be sent if a disconnection
is necessary, but there may be no delay between notification and
disconnection.
E-mail/Spam
Generally The Internet is a robust source for communication between
individuals and entities. Host Virtual supports the use of E-mail for
legitimate communications in a manner that is generally accepted. The use
of E-mail for unsolicited bulk E-mails is not generally accepted. The use
of Host Virtual's services to transmit this type of E-mail is specifically
prohibited by this AUP. While differences of opinion may exist on what type
of E-mail communication constitutes unsolicited bulk E-mail, or SPAM, Host
Virtual's Customers and End Users are required to abide by the definitions
and restrictions in this AUP, regardless of whether a particular type of
E-mail communication is permissible by law or other regulation.
Definitions
Bulk (or Broadcast) E-mail
Bulk E-mail is sending of substantively similar E-mails to more than 20
E-mail addresses.
Commercial E-mail
Commercial E-mail is any E-mail message, the primary purpose of which, is
the commercial advertisement or promotion of a commercial product or
service, including Content on a web site, which is operated for a
commercial purpose, or which has as its primary goal, a commercial
purpose.
Host Virtual's services may not be used to send UBE and UCE (a.k.a.
spam)
Host Virtual's systems may not be used to send Unsolicited Bulk E-mails
(UBE) or Unsolicited Commercial E-mails (UCE).
Customers or others acting on their behalf may not send UBE or UCE
promoting or advertising domain names, URIs or E-mail addresses hosted by
Host Virtual.
See RFC2635 for more information on spam.
Other Commercial Announcements
Neither customers nor End Users may post any commercial advertisement on
any public bulletin board system or web site unless it is expressly allowed
on that system or web site. Complaints will be handled the in the same
manner as UBE and UCE complaints.
Bulk Mailing Bulk Mailing Through Host Virtual
Host Virtual's mail servers are the only servers designed to send Bulk
E-mail using the mailing list system that may be part of the subscribers
account. Sending Bulk (or Broadcast) E-mail through or from any Host
Virtual owned server, that is not expressly designed to handle mailing
lists, is strictly prohibited. This specifically includes but is not
limited to Host Virtual web servers running any operating system or
combination of server software. Violations of this policy may lead to
sanctions permanently or temporarily inhibiting the ability to send any
mail from those servers or total account termination at Host Virtual's
sole discretion.
Mail Bombing
Mail Bombing is sending more than 10 substantively similar E-mails to the
same recipient in any 24-hour period.
Host Virtual's systems may not be used to engage in Mail Bombing.
Usenet
Usenet is a distributed hierarchy of publicly accessible forums primarily
defined by RFC1036.
Prohibited Services & Protocols
IRC
IRC related programs, including, but not limited to, clients, bots, and
servers, may not be run using Host Virtual's services for any commercial
purpose. No connections to IRC or IRC-like servers or hosts may be made
from Host Virtual's services. Exceptions are made for individual users
using IRC for personal purposes only.
Multicast
Customers may not make use of the multicast protocol unless they have a
written and signed exemption to this rule from Host Virtual. Customers
using the multicast protocol without prior written authorization will be
billed up to $500 per hour that multicast is used.
Open Proxies
Customers may not make use of proxy servers that are not protected by a
username and/or password or restricted to specific IP addresses to make
indirect network connections to other network services. This includes, but
is not limited to, SOCKS proxies, Web proxies, Network address translation
(NAT) proxies, Web-based proxy servers and open SMTP relays.
Consequences
Host Virtual expressly reserves the right to suspend or terminate, without
notice, all services for any customer who violates our terms and
conditions. The sub-sections in this section are only presented as a guide
to how complaints are normally handled. Complaints about any violation or
unacceptable activity may lead to suspension or termination of any service
or services offered by Host Virtual. No refunds are provided for services
terminated because of any violations of this AUP.
If practical, we will contact Customer (either by telephone or E-mail)
before any action is taken. Where Host Virtual believes that that the
violation was accidental or will not be repeated, Host Virtual may, at its
discretion, choose to re-enable services. In these circumstances Host
Virtual may also place restrictions or further conditions on Customer’s use
of Host Virtual's systems, require a formal undertaking from them
regarding their future conduct or require payment to cover costs incurred
by Host Virtual in dealing with the abuse incident.
In certain circumstances, Host Virtual may suspend a Customer's services
in the interests of preventing further abuse while Host Virtual
investigates.
Consequences of UBE and UCE Complaints
UBE and UCE are a total violation of a customer's contract, and will be
dealt with firmly by Host Virtual. Since it is true that complaints do come
in about UBE or UCE and the complainant is actually a valid subscriber
there is an allowance as follows: The responsibility lies on Customer to
make sure their mailing lists are kept up to date and clean of all
non-subscribers.
Two or More Complaints in One 24 Hour Period
If UBE or UCE generates two or more complaints in one 24-hour period
Customer will be notified of those complaints with copies of the reported
E-mails. This one chance will be given to cease this activity, secure the
system from relaying/abuse, or unsubscribe those who filed the complaints.
In addition, Host Virtual reserves the right to perform an audit of the
customers server to determine the source of activity. At Host Virtuals sole
discretion a zero tolerance policy may be applied and the customers account
terminated.
Five or More Complaints in Three Consecutive 24 Hour Periods
If UBE or UCE generates five or more complaints in three 24-hour periods
service will be suspended for ten days. Customer will be notified of those
complaints with copies of the reported E-mails. It will be the
responsibility of Customer to request reconnection when the ten day
suspension period has expired. A reconnection fee, equivalent to the a
normal account/service set-up fee, will apply.
Eight or More Complaints in Five Consecutive 24 Hour Periods
If UBE or UCE generates eight or more complaints in five consecutive
24-hour periods the account will be terminated immediately. Notification
will be sent after services are terminated.
Complaints Regarding Open Relays or Open Proxies
If UBE or UCE complaints indicate an open relay or open proxy or Host
Virtual discovers an open relay or open proxy through the course of
business Customer will be notified after services are suspended.
Restoration of service will require written acknowledgement of the reason
for suspension and either:
1) An indication that the security issue will be remedied including how
this will be achieved; or 2) Customer pays Host Virtual to remedy the
security issue on the customer's behalf.
If Any Portion of Our Network is Blocked or 'Blacklisted' by a Third
Party
If any services consumed by a Customer, or End User, is found to be the
cause for any part of Host Virtual's network being blocked or
'blacklisted' by any third party in any way, Host Virtual reserves the
right to terminate some or all services offered by Host Virtual without
notice. It is the responsibility of Customers to be sure they and their
subscribers are not abusing our network and causing service problems for
other Customers.
Bit Torrent / File Serving Traffic
You may not use our service to host a bit torrent or any other type of
file transfer server that allows unrestricted access the public or
consumes a significant amount of traffic. Personal use and use for
downloading files is acceptable. If you are found to be using this type
of traffic your system may be disconnected with or without notice.
