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Agreeing
to OSBHost Acceptable Use Policy and Terms of Service is
mandatory for Hosting signing up or using our services.
Please make sure you read and adhere to the following:
Acceptable
Use Policy
Introduction
During the term of his/her web hosting agreement
with OSBHost.com, Customer must ensure that the use of any
quality web hosting resource offered to Customer or owned
or controlled by OSBHost.com ("Service")
conforms with OSBHost.com's then current Acceptable Use
Policy ("AUP"). OSBHost.com may modify, without
prior notice, the AUP as OSBHost.com deems appropriate.
Such modified AUP is effective upon posting on
OSBHost.com's website.
Web
Hosting Accounts
You may only host one domain name per account. Pointing
other domains to your account, or pages within your
existing web site is not acceptable and is grounds for
termination. Customer may not exceed monthly bandwidth
included with the web hosting package. If bandwidth is
exceeded, the account will be terminated.
Responsibility
You are responsible for your sites and all sites that you
host to be in accordance with all rules on this page.
Misuse by you may result in termination your account.
Inappropriate
Use
The Web Hosting Service must not be used to publish, post,
distribute or otherwise disseminate unlawful material or
information including, but not limited to: threatening,
harassing, defamatory, obscene, or fraudulent information
and materials, or proprietary, copyrighted, or otherwise
intellectually protected information and materials for
which Customer does not have authorization or authority to
possess or distribute. The Service must not be used to
request unlawful services or materials. The Service must
not be used for activities OSBHost.com deems to impact its
customers or its ability to deliver services to its
customers. Such activities may include, but are not
limited to:
Obscene
Speech or Materials
The distribution of child pornography or any obscene,
abusive, defamatory or threatening speech or material. You
may not host any site containing adult oriented content,
including nudity of any kind. Portal sites linking
directly to adult oriented content are also not
acceptable.
Intellectual
Property Infringement
Any activity infringing on the intellectual property
rights of others, including copyrights, trademarks,
service marks, trade secrets, and patents.
Spamming
Sending unsolicited commercial bulk email ("UCE"),
news postings or chain letters, advertising transmitting,
or otherwise making available any software, program,
product, or service that is designed to facilitate sending
UCE, use of web pages that allow "spam"ing
(known as "ghost sites") that directly or
indirectly refers to domains or IP addresses hosted by
OSBHost.com. OSBHost.com reserves the right to determine
in its sole discretion what constitutes UCE based on the
information available. Sending any email to purchased
lists or lists obtained by any other method (such as
harvesting) is not acceptable. Customers may only send
email to recipients who have joined mailing lists directly
from their web site.
Maintaining
an Open Email Relay
Allowing email to be sent through Customer's system by a
third party (i.e. neither to nor from Customer or
Customer's accounts).
Fraud
Using a false identity, using pyramid/ponzi scheme,
storage or transmission of any intentionally incorrect
data or packet.
Virus,
Worm, or Trojan horse program distribution
The deliberate transmission of computer viruses, worms or
trojan software.
Denial
of Service
Using any technique to intentionally degrade or disable
the delivery of any legitimate data.
Unauthorized
Access
Attempting to gain unauthorized entry to any site or
network, or any network or host scanning, probing,
monitoring or other information gathering associated with
such activity; using the Service to guess passwords.
Applications
Customer may not run any program or script on the server
that runs constantly or 'listens' on ports. This includes
applications associated with live chat services.
Public
Forums
Inappropriate postings to newsgroups, chat rooms,
electronic bulletin boards and any other public forum on,
or using, the Service.
Customer
Responsibilities
Bulk
Email
Customers may not send bulk email of any type other than
email to their own subscribers. Safelists or any other
rented or purchased lists are not allowed. The email
subscriber must have joined your list from your site.
Customer must include the source of the addressee's
address in each email message.
CPU
Usage
Sites may not use extreme unwarranted CPU usage. This
includes usage of "heavy" scripts or
Flash/shockwave files. By heavy we mean scripts that place
consistent high demands on the server. This includes but
is not limited to web traffic management scripts, traffic
exchange scripts, surf for hits sites as well as large
advertising management scripts or proxy server scripts. No
single site may consume 30% of CPU usage for a sustained
period of time.
Service
Resale
Customer may not resell the Service or any portion of the
Service.
Password
Protection
Customer is responsible for protecting passwords and for
any authorized or unauthorized use.
Music
Files
Customer may not without permission have sound/video files
in any format (MP3, ASX, ASF, RA, RAM , QTV etc.) due to
the high rate of illegal transfer of copy written
material. Even with permission, there is a 5 file maximum
on all audio and video files and each file must be smaller
than 5 MB due to the demands they place on the server.
Content
Protection
Customer agrees to provide appropriate protection to
prevent minors (persons under 18 years of age) from
accessing any unsuitable material that Customer publishes
via any Service.
Content
Ownership
Customer is responsible for all content or information
residing on, or obtained or transmitted via, the Service,
regardless of whether such use is by Customer.
File
repository / Dump Sites
Customer may not use disk space as a file repository, or
dump site. This includes but is not limited too; warez,
serialz, sound files, applications, zip files. This
includes using the space in order to store content used on
other sites (remote linking). Examples of this would be
using the web space to store images for auction
descriptions, flash or any other files used on another
site but stored on our server. This also includes the
hosting of 'sig' images for use on message boards.
Customer may not exceed disk space allocated in hosting
package. If customer exceeds the storage space specified
in the hosting packaged, the account may be terminated.
Free
Email / Hosting Sites
We do not permit the free giving or selling of POP email
accounts or the issuing of free hosting. This includes
near free (1 penny per year for instance) and any other
form of paid email services.
Facilitating
AUP Violation
Customer activity that facilitates the violation of this
AUP by any party constitutes a violation of this AUP by
Customer.
AUP
Enforcement
Violation of this web hosting agreement
(the AUP) may subject Customer to international, federal,
and/or state civil and/or criminal liability, including
without limitation, California Business & Professional
Code Section 17538.45. OSBHost.com reserves the right in
its sole discretion and without prior notice to suspend
and/or terminate Customer's access to the Service at any
time for violating this AUP. OSBHost.com also reserves the
right to suspend, filter or block, and/or terminate
Customer's access if Customer's account is being used to
exploit or attack the Service or the networks of others.
If Customer's account has been compromised and attempts to
reach Customer and/or to have Customer repair a breach of
security fail, OSBHost.com reserves the right to suspend
or terminate Customer's service. If Customer's access is
suspended or terminated, OSBHost.com, in its sole
discretion, may refuse to accept all new e-mail sent to
the terminated e-mail address and delete Customer's data
stored on Service. OSBHost.com will fully cooperate with
law enforcement authorities in the detection and
prosecution of illegal activity.
Violation
of Rules
Breaking any of these aforementioned rules may result in
immediate account suspension with out refund, as well as
criminal prosecution where deemed necessary. Customers
with multiple web hosting accounts may have all accounts
terminated due to web hosting agreement
violations on any single account.
LIMITATION
OF LIABILITY:
OSBHost.com
(Management Efficiencies Information Technologies Co.)
shall not be responsible for any claimed damages,
including incidental and consequential damages, which may
arise from servers going off-line or being unavailable for
any reason whatsoever. Further, OSBHost.com (Management
Efficiencies Information Technologies Co.) shall not be
responsible for any claimed damages, including incidental
or consequential damages, resulting from the corruption or
deletion of any web site from one of OSBHost.com
(Management Efficiencies Information Technologies Co.)
servers. All damages shall be limited to the immediate
termination of service.
OSBHost.com
(Management Efficiencies Information Technologies Co.)
shall be the sole arbiter of what is and is not a
violation of these acceptable use policies. OSBHost.com
(Management Efficiencies Information Technologies Co.)
reserves the right to terminate an account at any time and
for any reason that causes harm to any customer's web
sites. OSBHost.com (Management Efficiencies Information
Technologies Co.) reserves the right to delete all content
and files upon termination. OSBHost.com (Management
Efficiencies Information Technologies Co.) reserves the
right to withhold any pre-paid funds for any site removed
for violations of these policies. OSBHost.com (Management
Efficiencies Information Technologies Co.) reserves the
right to refuse, cancel, or suspend service at our sole
discretion.
OSBHost.com
(Management Efficiencies Information Technologies Co.)
reserves the right to change these Policies without prior
notice or warning. Non-enforcement of any part of these
Policies does not constitute consent.
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