Acceptable Use Policy
Revision date: 25.12.2022
As a provider of web site hosting and other Internet-related services,
HostVY offers its customer (also known as "Subscribers")
and their customers and users the means to acquire and disseminate a wealth
of public, private, commercial and non-commercial information. HostVY
respects that the Internet provides a forum for free and open discussion
and dissemination of information. However, when there are competing interests
at issue, HostVY reserves the right to take certain preventive
or corrective actions. In order to protect these competing interests,
HostVY 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 using HostVY' services. This AUP will be revised
from time to time.
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 it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that HostVY cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because HostVY cannot monitor or censor the Internet, and will not attempt to do so, HostVY cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must keep in mind that HostVY does not review, edit, censor or take responsibility for any information its subscribers 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 created is carried over HostVY' network and may reach a large number of people, including both subscribers and non-subscribers of HostVY, subscribers' postings to the Internet may affect other subscribers and may affect HostVY' goodwill, business, reputation or operations. For these reasons, subscribers violate HostVY 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 information over the Internet.
It is not only harmful because of its negative impact on consumer attitudes
toward HostVY, but also because it can overload HostVY'
network and disrupt service to HostVY' subscribers. Also,
maintaining an open SMTP relay is prohibited. When a complaint is received,
HostVY will investigate and shutdown the account that is
SPAMing. A $250 charge for violating this policy will be charged to the
person initiating the SPAM. Furthermore HostVY reserves
the right to prosecute for this violation. A $1.00 charge will be assessed
PER EMAIL sent should HostVY choose to pursue and prosecute.
Audio/Video Streaming:
Audio/Video Streaming is not hosting friendly. As such, HostVY
does not allow any streaming of audio or video content. Offending accounts
will be suspended without noticed or terminated.
Adult-Oriented Content:
HostVY does not allow adult content and will suspend/terminate
any offending account.
Large File Policy:
HostVY is not for file hosting and distribution - as such,
customers may not host any files larger than 50MB in size that are observed
to be available for the sole purpose of download. Such files include but
are not limited to .ISO, audio/video files, .EXE files. If you are unsure
whether your file is against this policy, please e-mail [email protected].
Obscene Speech or Materials:
Using HostVY' network to advertise, transmit, store, post, display,
or otherwise make available child pornography or obscene speech or material
is prohibited. HostVY is required by law to notify law enforcement
agencies when it becomes aware of the presence of child pornography on
or being transmitted through its network.
Defamatory or Abusive Language:
Using HostVY' network as a means to transmit or post negative,
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 may be used as a precursor to an attempted system
penetration (i.e., port scan, stealth scan or other information-gathering
activity).
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, mail bombing 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.
Facilitation 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, mail bombing, 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:
HostVY 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, but
not limited to, 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 HostVY
determines to be harmful to its subscribers, operations, reputation, goodwill
or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. HostVY will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with HostVY' policy or applicable law. However, when HostVY becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by HostVY.
HostVY is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching HostVY' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. HostVY does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. HostVY reserves the right to directly take action against a customer of its subscribers. Also, HostVY may take action against the HostVY' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, HostVY anticipates that subscribers who offer Internet services will cooperate with HostVY in any corrective or preventive action that HostVY deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of HostVY policy.
HostVY will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. HostVY may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, HostVY may disclose information, including, but not limited to, information concerning a subscriber, 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. HostVY assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, HostVY may disclose subscriber information or information transmitted over its network where necessary to protect HostVY and others from harm, or where such disclosure is necessary to the proper operation of the system. However, HostVY will never sell information to other services or outside companies.
HostVY expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate HostVY policy. Finally, HostVY wishes to emphasize that, in signing the Service Agreement, subscribers indemnify HostVY for any violation of the Service Agreement, law or HostVY policy resulting in loss to HostVY or the bringing of any claim against HostVY by any third party. This means that, if HostVY is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against HostVY, plus costs and reasonable attorney's fees.
We hope this AUP is helpful in clarifying the obligations of Internet
users, including HostVY and its subscribers, as responsible
members of the Internet. Any complaints about a subscriber's violation
of this AUP should be sent to [email protected].