1. General:
Services provided by HostPhoenix may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any law of the USA and local users is prohibited.
The subscriber agrees to indemnify and hold harmless HostPhoenix from any claims resulting from the use of the service which damages the subscriber or any other party.
2. Content:
a. Examples of unacceptable content include, but are not limited to:
• Copyrighted media, without authority to distribute or display
• Unlicensed applications
• Cracking programs or key generators
• Child pornography or kidnapping material
• Fraudulent activity, phishing, pyramid schemes, chain letters, forgery, or impersonation
• Terrorist propaganda, racist material, or bomb/weapon instructions
• Virus/Virii, Spyware, Malware, or other infectious material
• Material protected by trade secret or other statute
b. Additionally, HostPhoenix prohibits:
• IRC and associated programs (including psybnc, 「bots」, etc…)
• Scripts commonly used for abuse, attacks, or flooding
• Threatening, harassing, obscene content
• Any proxies which do not require
authentication (including open mail proxies, unprotected anonymous web
surfing proxies, etc…)
• Links to unacceptable content, as defined above, are also prohibited.
• XRUMER
c. Online Activity:
Any attempts to undermine or cause harm to the HostPhoenix and its associated parties' equipment, network, operations, or clientele is strictly prohibited. HostPhoenix will pursue legal action to the fullest extent for all abuse/violation of such.
Any activity deemed damaging or abusive, whether unlawful or considered to be detrimental to the operations of HostPhoenix, is prohibited.
d. This includes, but is not limited to:
• Denial of Service Attacks (DOS/DDOS)
• Unnecessary Port Scans
• Mail Bombing
• Unsolicited Advertising via IM, Forums, Newsgroups, Email, etc.
Bulk Email:
We understand that bulk email is an important mechanism for keeping people informed. However, spamming (unsolicited advertising), from the network we use, or spamvertising (unsolicited advertising of) sites hosted with us is strictly prohibited.
Legitimate bulk email meets the following criteria:
1) The recipient has confirmed his willingness to be added to the distribution list of the mailing, by responding to a verification email, or, otherwise, verifiably confirming permission. (Evidence of such must be retained and available by request.)
2) Messages include: Valid headers, removal instructions, and information on the method by which the subscribed address was obtained.
All bulk email senders must post privacy policies, in association with the sending domains. Co-registration is not prohibited, but explanations of the sharing of information must be both publicly available and included in the confirmation mechanism for list subscription.
If HostPhoenix approaches a client for evidence of confirmation, this request must be honoured within 24-48 hours depending on the case.
Failure to meet the acceptable criteria for bulk mail may lead to immediate termination.
Additionally, if such actions have caused mail servers or IP address ranges on our network to be blacklisted, HostPhoenix reserves the right to assess a $100 USD charge to the customer account. This fee is set to cover administrative costs associated with removal from such lists.
3. Policy Violations:
HostPhoenix may, at any time, audit systems for any data/activity showing potential policy violations.
Warnings: The HostPhoenix Abuse Dept makes an attempt to contact the client, via email, when the first sign of a possible violation is noted. These alerts are a courtesy. Responses to such alerts are required. If an alert is received from any HostPhoenix staff members, the client is responsible for acknowledging his/her understanding and citing any action planned or taken in a timely manner. Failure to do so will lead to suspension. Repeated failure to do so will result in termination.
Note: It is extremely important to ensure that the email address on record with the HostPhoenix Customer Service Dept is valid. This is the address used for abuse notifications and warnings.
a. Suspension/Deactivation:
If any terms or conditions are failed to be followed, the client risks service suspension or termination. HostPhoenix reserves the right to remove any account, without prior notice. If HostPhoenix deactivates an account for violating policy, the client will forfeit any rights to a refund.
b. Reactivation:
If a service is suspended for abuse, the client will be required to pay a reactivation fee of $50.00 USD, and when applicable, to cover any administrative costs associated with the offense/violation, as determined by HostPhoenix
c. Unauthorized Usage:
In any case involving unauthorized parties utilizing a HostPhoenix service for abuse/violations, the client will be responsible for stopping all affected applications, until the source of the problem is found and corrected. HostPhoenix may opt to disable all services until the client can perform such an investigation.
In general, the client is responsible for maintaining a secure system. This includes, but not limited to:
• Requesting kernel updates
• Applying application patches
Additionally, HostPhoenix will not be responsible for securing third-party applications.
The client is expected to monitor his/her system(s) and/or service(s). Resource usage should be maintained within the level outlined in the service contract. Abuse caused by end-users or unauthorized parties may increase resource usage and it should be noted that overage fees may apply.
d. Resource Usage:
HostPhoenix will be the sole arbiter as to what constitutes a violation of resource usage limitations.
Bandwidth: Overage fees will apply to any service utilizing more than it's assigned bandwidth allocation. Client is responsible for all usage, and any corresponding overages fees, that result from a service that may be hacked and/or flooding. HostPhoenix may require a deposit should a client utilize/require large amounts of bandwidth beyond their standard bandwidth allocation.
Filtering: HostPhoenix reserves the
right to block/filter or throttle ports and/or ip address ranges, at
its discretion. This may include, for example, blocking Port 6667
(IRC), denying access from a known-spamming IP address range, or
limiting the speed of point-to-point file-sharing programs (Kazaa,
Limewire, Donkey, etc…). This may also include giving priority to
certain traffic types, such as Voice-over-IP (VOIP) phone call
transmissions.
Virtual Private Servers (VPS): To
maintain the integrity of our service, VPS service that utilizes heavy
amounts of system resources may be required to be upgraded, or,
HostPhoenix may relocate your site to a different server and/or IP
address, to reduce the load on the server on which you are currently
residing.
e. Abusive Clientele:
HostPhoenix may at its discretion
suspend or terminate service of any client that is abusive/harassing
to HostPhoenix and/or HostPhoenix employees.
Examples of such activity include, but are not limited to:
• Verbal abuse – cursing, yelling, threatening, etc…
• Ongoing disregard for warnings or notices
• Consistent mistakes/errors/changes causing unnecessary workload
• Spamming HostPhoenix email addresses, ticket systems, or servers
• Continuous involvement in
flood/DDOS activity, hacked services, or other ongoing non-permitted
usage
• Consistent late payments or responses
• Issuing a chargeback or bouncing a payment
• Continuous activation of problematic end-users
• Activity which affects the service(s) of other HostPhoenix clientele