Acceptable Use Policy Last Modified: December 12, 2007 Important Note: *All payments for domain names to HostTDS are non-refundable.* Important Note: *All payments for web hosting and game servers to HostTDS are offer a 14 day money back guarantee with restrictions listed below in section(s) 19-x* Important Note: *All payments for dedicated servers are non-refundable* Acceptable Use Policy (AUP). We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this TOS. This constitutes a violation of this AUP and TOS: a. Illegal use: HostTDS's services may not be used for illegal purposes, or in support of illegal activities. HostTDS reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. b. Harm to minors: Use of the HostTDS's service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography. c. Threats: Use of the HostTDS service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property. d. Harassment: Use of the HostTDS service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another. e. Fraudulent activity: Use of HostTDS's service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters." f. Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. g. Unsolicited commercial e-mail / Unsolicited bulk e-mail: (SPAM) Use of the HostTDS service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending HostTDS account. h. E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending HostTDS account. i. E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the HostTDS service is in violation of this AUP. j. Usenet SPAMing: HostTDS has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted. k. Unauthorized access: Use of the HostTDS service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of HostTDS's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending HostTDS account is subject to immediate termination. l. Copyright or trademark infringement: Use of the HostTDS service to transmit any material (by e-mail, uploading, posting, hot linking, directly linking or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. m. Collection of personal data: Use of the HostTDS service to collect, or attempt to collect, personal information about third parties without their knowledge or consent. n. Network disruptions and unfriendly activity: Use of the HostTDS service for any activity which affects the ability of other people or systems to use HostTDS Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Customer may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Customer may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. HostTDS will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. o. Net Send Spam: The use of the net send utility to send unsolicited bulk communication is prohibited. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. p. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it. q. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated. r. Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account. s. Third Party Accountability: HostTDS subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy. t. Violation Of Virtual Accounts: It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund. u. IRC networks: It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers found to be connecting to or part of these networks will be immediately removed from our network without notice. The account will not be reconnected to the network until such time that you agree to completely remove any and all traces of the IRC server, and agree to let us have access to your server to confirm that the content has been completely removed. Any account guilty of a second violation will result in immediate account termination. v. Domains Chargeback Resolution: If the charge for a domain or set of domains is charged back, HostTDS has the right to take control of the domain or set of domains that was paid for by the disputed charge. HostTDS will change the domain account information as needed to take control of the domain or set of domains. The user is not guaranteed to be contacted in the event that a chargeback is received. w. Peer to Peer Software (File Sharing): The use of Peer to Peer or file sharing software to permit the sharing, copying or distribution of unauthorized copyrighted material on the HostTDS service is prohibited. Use of such software could result in suspension of service. Modifications To This AUP: We reserve the right to modify or change this AUP, in whole or in part, without any prior notice to the client/customer. It is the responsibility of the customer to view the latest available version from our website at http://www.hosttds.com/aup.php.
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