Acceptable Usage Policy (AUP)
THIS AUP GOVERNS THE USE OF SUBHOSTING’S WEB HOSTING SERVICE. VIOLATION OF THIS AUP MAY RESULT IN SUSPENSION OR TERMINATION OF YOUR SERVICE. IN THE EVENT OF A DISPUTE BETWEEN YOU AND SUBHOSTING REGARDING THE INTERPRETATION OF THIS AUP, SUBHOSTING’S INTERPRETATION, IN ITS REASONABLE COMMERCIAL JUDGMENT, SHALL GOVERN. IF YOU HAVE ANY QUESTIONS REGARDING THIS AUP, CONTACT LEGAL@SUBHOSTING.NET.
The AUPs are not exhaustive and subhosting reserves the right to modify the AUPs at any time, effective upon either the posting of the modified AUPs to www.subhosting.net or notification of the modified AUPs.
By registering for and using the services, and thereby accepting the terms and conditions of the Terms of Service Agreement or its equivalent, you agree to abide by the AUPs as modified from time to time. Any violation of the AUPs may result in the suspension or termination of your account or such other action as Subhosting deems appropriate. An unlisted activity may also be a violation of the AUPs if it is illegal, irresponsible, or disruptive use of the Internet. No credits will be issued for any interruption in service resulting from policy violations.
Offensive Content
You may not publish or transmit via Subhosting’s service any content that Subhosting reasonably believes:
- constitutes child pornography;
- is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
- is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
- is defamatory or violates a person’s privacy;
- creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
- improperly exposes trade secrets or other confidential or proprietary information of another person;
- is intended to assist others in defeating technical copyright protections;
- clearly infringes on another person’s trade or service mark, patent, or other property right;
- promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
- is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Subhosting; or
- is otherwise malicious, fraudulent, or may result in retaliation against Subhosting by offended viewers.
Content (published or transmitted) via Subhosting’s service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by Subhosting.
Security
You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.
Bulk Commercial E-Mail
You must obtain Subhosting’s advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to Subhosting’s reasonable satisfaction:
- Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
- Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
- You retain evidence of the recipient’s consent in a form that may be promptly produced on request, and you honor recipient’s and Subhosting’s requests to produce consent evidence within 72 hours of receipt of the request.
- The body of the e-mail must describe how the e-mail address was obtained, for example, "You opted in to receive this e-mail promotion from our Web site or from one of our partner sites," and information on how to request evidence of the consent, for example, "If you would like to learn more about how we received your e-mail address please contact us at abuse@subhosting.net"
- You have procedures in place that allow a recipient to easily revoke their consent such as a link in the body of the e-mail, or instructions to reply with the word 'Remove' in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;
- You must post an 'abuse@subhosting.net' e-mail address on the first page of any Web site associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
- You must have a Privacy Policy posted for each domain associated with the mailing;
- You have the means to track anonymous complaints;
- You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the "TO" line of the e-mail; and
- You otherwise comply with the CAN SPAM Act and other applicable law.
These policies apply to messages sent using your Subhosting service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your Subhosting service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.
You must comply with the rules of any other network you access or participate in using your Subhosting's services.
Subhosting may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.
Material Protected by Copyright
You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:
- you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
- you are otherwise permitted by established United States copyright law to copy the work in that manner.
Subhosting will terminate the service of repeat copyright infringers.
Copyright Infringement Notice (Digital Millennium Copyright Act)
If you believe your copyright is being infringed by a person using the Subhosting network, please send your notice of copyright infringement to abuse@subhosting.net
Your notice must include the following:
- Your name and address as registered with the U.S. copyright office
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Subhosting to locate the material;
- Information reasonably sufficient to permit Subhosting to contact you, such as an address, telephone number, and, if available, an e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Other
You must have valid and current information on file with your domain name registrar for any domain hosted on the Subhosting network.
Internet Abuse
You may not engage in illegal, abusive, or irresponsible behavior, including:
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to Subhosting and its customers) without express authorization of the owner of the system or network;
- monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
- Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
- Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
- Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
- Any conduct that is likely to result in retaliation against the Subhosting’s network.
- Use of Subhosting’s network in a way that unreasonably interferes with Subhosting’s other customers use of the network
Violations of this policy may be reported directly to the FBI's Infrastructure Protection & Computer Intrusion Squad. Subhosting will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.
Newsgroup, Chat Forums, Other Networks
You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF AN Subhosting CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER. WE RESERVE THE RIGHT TO LEVY FINES OF $500 to $5000 US$ PER INCIDENCE OF ANY VIOLATION OF OUR POLICIES
For Example: If you are hosting a bulk email site on Subhosting servers and you use another ISP to SPAM from in order to reference your Subhosting site by IP address or domain name, you are violating Subhosting policy and possibly the law. If you have been granted telnet access to Subhosting servers, multiple telnet log-ons are strictly prohibited and you must come from a valid IP address. Forgery is against the law. Any type of denial of service attack from valid or invalid addresses is a violation of Subhosting security policy and against the law. If you have been granted password privileges for FTP or telnet, sharing your password with an unauthorized user or third party is strictly prohibited. Violation of Subhosting SPAM policy may be reported to abuse@subhosting.net
IP Address Overlap
Subhosting administers the network on which customer servers reside. The customer cannot use IP addresses which were not assigned to them by Subhosting staff. Any server found using IPs which were not officially assigned will be suspended from network access until such time as the IP addresses overlap can be corrected.
IRC
Subhosting does not allow the use of IRC on the Subhosting network. This includes, but is not limited to, the use of IRC clients, server software, bots or anything related to IRC. Violators' servers will be suspended.
Network Performance
Subhosting accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.
You may not use network-intensive programs, such as peer-to-peer or audio/video streaming applications, which negatively impact other customers or the performance of Subhosting systems or networks. Subhosting reserves the right to terminate or limit such activities.
Billing
The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer's server to the Internet. The customer may request that the customer's server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.
Suspension
Subhosting reserves the right to suspend network access to any customer if, in the judgment of the Subhosting network administrators, the customer's server is the source or target of the violation of any of the other terms of the AUPs or for any other reason which Subhosting chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacting regarding the activity. The customer will not be credited for the time the customer's machines were suspended. The Customer will be credited on a prorated basis based on the monthly fees the Customer pays for the servers that are suspended for the time the Customer's machines were suspended.
Cancellation
Subhosting reserves the right to cancel service at any time. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacting regarding the activity. All fees paid in advance of cancellation are non-refundable if Subhosting institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.).
Indemnification
The customer acknowledges its indemnification obligations under the Subhosting Terms of Service. Violations of this AUP may result in significant civil and criminal liability of customer.
Disclaimer of Responsibility
Subhosting is under no duty to look at each customer's or user's activities to determine if a violation of the AUPs has occurred, nor do we assume any responsibility through our AUPs to monitor or police Internet-related activities. Subhosting disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person's or party's violation of this policy.
All Sub-Networks, resellers and managed servers of Subhosting must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE AUPs BY YOU.
Inquiries regarding this policy should be directed to Subhosting at legal@subhosting.net