OSBHost - Acceptable Use
Policy and Web Hosting Terms of Service
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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