As a provider of web hosting, game hosting and other internet-related services, Root Level Technology, LLC. DBA EnviousHost.com (hereinafter referred to as “EnviousHost”) offers its customers (also referred to as “Subscribers” or “Members”) and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. EnviousHost respects that the internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, EnviousHost reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, EnviousHost has commissioned the following Acceptable Use Policy (referred hereto forth as “AUP”), which supplements and explains certain terms of each customer’s respective service agreement. The AUP is intended as a guide to customer rights and obligations with regards to EnviousHost’s services. Note: This AUP is subject to revision.
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 it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the internet, they must keep in mind that EnviousHost cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his/her best judgment in relying on information obtained from the internet. He/she must also be aware that some material posted to the internet may be offensive. Because EnviousHost cannot monitor or censor the internet, and will not attempt to do so, EnviousHost cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal internet communications.
When subscribers disseminate information from the internet, they must keep in mind that EnviousHost does not review, edit, censor or take responsibility for any information our subscribers 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 created may be carried over EnviousHost’s network and may reach a large number of people, including both subscribers and non-subscribers of EnviousHost, subscribers’ postings to the internet may affect other subscribers and may affect EnviousHost’s goodwill, business, reputation or operations. For these reasons, subscribers violate EnviousHost policy and the Terms of Service when they, their customers, affiliates or other subsidiaries engage in any of the following prohibited activities:
The sending of any and all unsolicited bulk and/or commercial correspondences over the internet will be considered Spamming. It is not only harmful because of its negative impact on consumer attitudes towards EnviousHost, but also because it can overload EnviousHost’s network and disrupt service to our subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, EnviousHost will investigate and shutdown the account responsible for Spamming. A $500 charge for violating this policy will be charged to the party responsible for initiating the Spam. Furthermore, EnviousHost reserves the right to prosecute for this violation. EnviousHost also reserves the right to levy a $1.00 charge per Spam message recipient should we choose to pursue and prosecute.
EnviousHost does not allow adult content and will suspend, terminate or otherwise penalize any offending account.
Obscene Speech or Materials
Using EnviousHost’s network to advertise, transmit, store, post, display or otherwise promote obscene speech or materials is prohibited. EnviousHost is required by law to notify law enforcement agencies if we become aware of the presence of certain materials, such as child pornography, being stored on or transmitted through our network.
Defamatory or Abusive Language
Using EnviousHost’s network as a means to post, advertise, transmit, store, display or otherwise promote negative, defamatory, harassing, abusive or threatening language is strictly prohibited and will result in appropriate recourse.
Forging of Headers
In the event that email is sent from a domain hosted by EnviousHost, the forging or misrepresentation of message headers, whether in whole or in part, to mask the origin of the message, is prohibited and such action will result in appropriate recourse.
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 (known hereto forth as “hacking”) is prohibited and will result in appropriate recourse. Also, any activity that may be used as a precursor to an attempted system penetration, such as port scans, stealth scans or other scraping activities, will also be viewed as a violation. Furthermore, the distribution of internet viruses, worms, trojan horses or other malicious codes, scripts or files will be viewed as a violation and subject to appropriate recourse.
Distributing information regarding the creation of and sending internet viruses, worms, trojan horses, pinging, flooding, mail bombing or denial of service (DoS) attacks is strictly prohibited. Any 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 equipment will be viewed as a violation.
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, initiate pinging, flooding, mail bombing or DoS attacks and piracy of software is strictly prohibited.
Other Illegal Activities
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available Ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software is strictly prohibited. Any and all such acts will be viewed as a violation.
Engaging in activities, whether lawful or unlawful, that EnviousHost determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations will be viewed as a violation of this AUP. As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. EnviousHost will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with EnviousHost’s policies or applicable law.
However, when EnviousHost becomes aware of harmful activities, we may take any action we deem appropriate to stop the activities. This includes, but is not limited to, the removal of information, shutting down a client’s service, implementation of screening software, blocking internet access, or any other action we deem fitting.
EnviousHost is also aware that many of our subscribers are themselves providers of similar services and that information reaching our facilities from those subscribers may have originated from a customer of our own subscribers or some other third party. EnviousHost does not require its subscribers to monitor or censor transmissions created by their own customers, but we do reserve the right to take direction action against our own customers based on the behavior of their customers. EnviousHost expects that any customer using our service to provide services to their own customers will not only follow our Terms of Service and AUP themselves but also enforce the same agreements among their own customers.
EnviousHost will not intentionally monitor private messages sent or received by subscribers unless law, governmental authority, requires this or when public safety is at stake. EnviousHost may, however, monitor our service electronically to determine that our facilities are operating satisfactorily. We will disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a website, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or government request. EnviousHost assumes no obligation to inform the subscriber that his/her information has been provided and, in extreme cases, may be prohibited by law from giving such notice.
Finally, EnviousHost may disclose subscriber information or information transmitted over our network when this is necessary to protect us our others from harm, or where such disclosure is necessary to the proper operation of a system However, EnviousHost will never sell personal information to other services or outside companies.
EnviousHost expects that all subscribers and all customers of our subscribers will fully comply with all applicable laws, as well as our Terms of Service and this AUP. Finally, we wish to emphasize that failure to comply with any of these terms will result in appropriate action. This includes, but is not limited to, termination of service, levying of additional charges and legal action. Further, if EnviousHost is sued because of the activity of one of our subscribers or a customer of one of our subscribers, the subscriber will be held responsible for any damages awarded against EnviousHost plus costs and attorney’s fees.
We hope this AUP is helpful in clarifying the obligations of internet users, including EnviousHost and our subscribers, as responsible members of the internet. Any complaints about a subscriber or violations to this AUP should be sent to email@example.com.