As a provider of web site hosting,
and other Internet-related services, h2hosting.com offers its clients, and their
customers and users, the means to disseminate a wealth of public, private, commercial,
and non-commercial information. h2hosting.com respects that the Internet provides
a forum for free and open discussion and dissemination of information, however,
when there are competing interests at issue, h2hosting.com reserves the right
to take certain preventative or corrective actions.
In order to protect these competing interests, h2hosting.com 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 utilizing h2hosting.com's services.
This AUP will be revised from time to time. A customer's use of h2hosting.com's
after changes to the AUP are posted on h2hosting.com's web site, www.h2hosting.com,
will constitute the customer's acceptance of any new or additional terms of the
AUP that result from those changes.
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
the Internet to disseminate information to others.
When information is disseminated through the Internet, they also must keep
in mind that h2hosting.com does not review, edit, censor, or take responsibility
for any information its clients 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 they create
is carried over h2hosting.com's network and may reach a large number of people,
including both clients and non-clients of h2hosting.com, clients' postings to
the Internet may affect other clients and may harm h2hosting.com's goodwill,
business reputation, and operations. For these reasons, clients violate h2hosting.com
policy and the service agreement when they, their customers, affiliates, or subsidiaries
engage in the following prohibited activities:
- Intellectual Property Violations
- Adult Material
- Defamatory or Abusive Language
- Forging of Headers
- Illegal or Unauthorized Access to Other Computers or Networks
- Background Running Programs
- Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive
- Facilitating a Violation of this AUP
- Export Control Violations
- Usenet Groups
- Other Illegal Activities
- Other Activities
Sending unsolicited bulk and/or commercial messages over the Internet (known
as "spamming"). It is not only harmful because of its negative impact
on consumer attitudes toward h2hosting.com, but also because it can overload
h2hosting.com's network and disrupt service to h2hosting.com clients. Also, maintaining
an open SMTP relay is prohibited. When a complaint is received, h2hosting.com
has the discretion to determine from all of the evidence whether the e-mail recipients
were from an "opt-in" e-mail list. Refer to our UCE/SPAM Policy for
Intellectual Property Violations
Engaging in any activity that infringes or misappropriates the intellectual
property rights of others, including copyrights, trademarks, service marks, trade
secrets, software piracy, and patents held by individuals, corporations, or other
entities. Also, engaging in activity that violates privacy, publicity, or other
personal rights of others. h2hosting.com is required by law to remove or block
access to customer content upon receipt of a proper notice of copyright infringement.
It is also h2hosting.com's policy to terminate the privileges of customers who
commit repeat violations of copyright laws.
Because the Internet is a global communication tool, and we have clients from
nearly every country in the world it is difficult to dictate what is considered "adult
material." However, it is not our function to discriminate against those
who choose to utilize adult content or adult related material. This being said,
there are still several reasons why h2hosting.com has been forced to create its
no adult sites policy for its virtual server users.
What does h2hosting.com consider "Adult Material?"
- Any site whose revenue is gained in part or whole from its adult content.
- Photos or videos showing frontal nudity on either men or women for non-scientific
or non-artistic purposes.
- Revenue-generating hyperlinks to sites who violate policy #1.
Why does h2hosting.com have this policy?
Bandwidth and Resources
A virtual server is a shared environment where many servers reside on each particular
machine. This being said, consider that an average "adult site" gets
more hits than 100 standard websites. Some of the smaller adult sites get around
5 GB of transfer per day. With these types of resources being utilized, our servers
would be severely slowed if we allowed these high traffic sites to also reside
on our servers. On top of that, we would be forced to raise our prices to pay
for the additional bandwidth. We strive to keep our servers fast and inexpensive,
and our bandwidth clear; therefore, adult sites are not an option.
h2hosting.com reserves the right to decide what it considers "adult content", "adult
material", "sexually explicit", or "sexually related".
Let us know if you are unsure of the approval of your site before placing an
Defamatory or Abusive Language
Using h2hosting.com's network as a means to transmit or post 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 might be used as a precursor to an attempted system penetration (i.e. port
scan, stealth scan, or other information gathering activity).
Background Running Programs
Background Daemons in general are prohibited on h2hosting.com servers, including,
but not limited to, IRC bots, eggdrop, BitchX, XiRCON, warez sites and any other
program that interferes with normal server operation.
h2hosting.com will be the sole arbitor of what consitutes a violation of the
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive
Distributing information regarding the creation of and sending Internet viruses,
worms, Trojan horses, pinging, flooding, mailbombing, 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
Facilitating 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, mailbombing,
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.
h2hosting.com 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 advertising,
transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently
charging credit cards, and pirating software.
Engaging in activities, whether lawful or unlawful, that h2hosting.com determines
to be harmful to its clients, operations, reputation, goodwill, or customer relations.
As we have pointed out, the responsibility for avoiding the harmful activities
just described rests primarily with the client. h2hosting.com will not, as an
ordinary practice, monitor the communications of its client to ensure that they
comply with h2hosting.com policy or applicable law. When h2hosting.com becomes
aware of harmful activities, however, it may take any action to stop the harmful
activity, including but not limited to, removing information, shutting down a
web site, implementing screening software designed to block offending transmissions,
denying access to the Internet, or take any other action it deems appropriate.
h2hosting.com also is concerned with the privacy of on-line communications
and web sites. In general, the Internet is neither more nor less secure than
other means of communication, including mail, facsimile, and voice telephone
service, all of which can be intercepted and otherwise compromised. As a matter
of prudence, however, h2hosting.com urges its clients to assume that all of their
on-line communications are insecure. h2hosting.com cannot take any responsibility
for the security of information transmitted over h2hosting.com's facilities.
h2hosting.com will not intentionally monitor private electronic mail messages
sent or received by its clients unless required to do so by law, governmental
authority, or when public safety is at stake. h2hosting.com may, however, monitor
its service electronically to determine that its facilities are operating satisfactorily.
Also, h2hosting.com may disclose information, including but not limited to, information
concerning a client, 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. h2hosting.com assumes no obligation
to inform the client that client information has been provided and in some cases
may be prohibited by law from giving such notice. Finally, h2hosting.com may
disclose client information or information transmitted over its network where
necessary to protect h2hosting.com and others from harm, or where such disclosure
is necessary to the proper operation of the system.
We hope this AUP is helpful in clarifying the obligations of Internet users,
including h2hosting.com and its clients, as responsible members of the Internet.
Any complaints about a client's violation of this AUP should be sent to "abuse
*** This policy and all other h2hosting.com policies
are subject to change by h2hosting.com without notice. Continued usage of the
services after a change to this policy is implemented and posted on the h2hosting.com
site constitutes your acceptance of such change or policy. We encourage you to
regularly check the h2hosting.com site for any changes or additions. Visit our
Terms of service page for further information regarding