HostingChoice Acceptable Use Policy (Policy)
PLEASE READ THIS ACCEPTABLE USE POLICY CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH THIS SITE.
We offer access to and use of our site to you subject to your acceptance of this Acceptable Use Policy ("Policy"). By accessing, using or obtaining any content, data, materials, information, products or services through our sites, you agree to observe this Policy. If you do not accept this Policy, then please leave our site now. For purposes of this Agreement, "You" and "Customer" means the user of the Site, "We/us" and "PWRHost/PWR Internet" means Power Internet Services, and all its associated and subsidiary companies, "Site" means the site on the World Wide Web located at www.pwrhost.com. "Content" means the information and other material available within the Site.
This Acceptable Use Policy (Policy) is provided to set forth guidelines for the acceptable use of HostingChoice services. All users of HostingChoice services are required to comply with this Policy. Registering for and using any services constitutes acceptance and agreement to the HostingChoice Policy. Any violation of this Policy may result in suspension or termination of services or such other action as HostingChoice deems appropriate.
This Policy is not exhaustive and HostingChoice reserves the right to modify the Policy at any time and in any manner effective upon posting the modified Policy to this website.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (Content), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not HostingChoice, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. HostingChoice does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Although HostingChoice will take reasonable steps to pre-screen and approve content posted on the Site so that it meets the requirements of this agreement and is otherwise not objectionable, you understand that HostingChoice is not obligated to do so. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will HostingChoice be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
Illegal Use
HostingChoice's services may only be used for lawful purposes. Transmission, distribution or storage of any material in violation of applicable law or governmental regulation is prohibited. This includes, but is not limited to, material protected by copyright, trademark or other intellectual property used without proper authorization. This also includes, but is not limited to, any material or conduct that may be judged as threatening, harassment, fraud or abuse or violates export control laws. HostingChoice will cooperate fully with legal authorities in the investigation of any suspected misuse or illegal use of services. The customer agrees to indemnify and hold harmless HostingChoice from any claims resulting from the use of the customers service.
Unsolicited E-mail (SPAM)
Use of the HostingChoice network, servers or services to send unsolicited bulk e-mail (UBE) or unsolicited commercial e-mail (UCE) is prohibited. Use of the service of another provider to send UCE, SPAM or mailbombs, to promote a site hosted on or connected to the HostingChoice network is similarly prohibited. Violations of this type may result in termination of the responsible HostingChoice account. HostingChoice customers hosting websites that conduct UBE/UCE activity are responsible for their customers activity. Any customer whose actions cause HostingChoice IP space to be listed in any SPAM database will have their account/server immediately removed from service. Opt-in e-mail is acceptable provided there is a working unsubscribe link and such opt-out requests are honored immediately.
Adult Content
Adult web sites, adult picture galleries and/or adult file sharing services are prohibited by HostingChoice at this time.
IRC Networks
Hosting an IRC server that is part of or connected to another IRC network or server is prohibited. This includes but is not limited to, the use of IRC clients, server software, bots or anything related to IRC. Servers found to be connecting to or part of these networks will be removed from the HostingChoice network without notice.
Security
Violations of system or network security are prohibited and may result in criminal and civil liability. HostingChoice will pursue legal action to the fullest extent for any security violation of the HostingChoice network. This includes, but is not limited to: gaining or attempting to gain unauthorized access to servers or services; gaining or attempting to gain unauthorized use of data, systems or networks; attempting to test the vulnerability of a system or to breach security measures without proper authorization of the system or network owner; monitoring of data or traffic on any system or network without proper authorization of the system or network owner; any interference with service provided to any user, host or network through activities such as mailbombing, viruses, or any deliberate attempt to overload the system.
You further agree to not use the Service to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of anothers privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity, including, but not limited to, a HostingChoice official, online discussion forum leader or system administrator, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (Rights) of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain mail, pyramid schemes, or any other form of solicitation, except to upload advertisements in the areas that are designated for the purpose of posting advertisements; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; disrupt the functioning of the Service, or otherwise act in a way that interferes with other users use of the Service; stalk or otherwise harass another; or collect or store personal data about other users.
You acknowledge that HostingChoice is not obliged to pre-screen Content, but that HostingChoice and its designees, agents, officers, directors and employees shall have the right (but not the obligation) in their sole discretion to refuse or remove, edit, move, discard any Content that is available via the Service. Without limiting the foregoing, HostingChoice and its designees, agents, officers, directors and employees shall have the right to edit, delete, remove, discard any Content (including the Content that you have submitted) that violates this agreement or is otherwise objectionable, at its sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
HostingChoice Privacy Statement and Use of Personally Identifiable Information
All information including Personal Profile Data and personally identifiable information submitted by you to HostingChoice through forms on the Site is treated according to HostingChoice's Privacy Statement located on this Site. You agree you have read and understand HostingChoice's Privacy Statement.
Customer Responsibility
You are required to enter your name, email and password as part of completing HostingChoice's Registration process. You are responsible for maintaining your personal account details. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify HostingChoice of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. HostingChoice cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as may be required by HostingChoice and (b) maintain and promptly update the Personal Profile Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or HostingChoice has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HostingChoice has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Customer agrees to protect and treat as confidential all passwords, user IDs, and proprietary information provided by HostingChoice for access to its systems. The customer is solely responsible for the use or misuse of services and all content provided through the use of HostingChoice service initiated or authorized by its user ID. The customer will be held responsible for any activity by third parties using their account that violates guidelines created within this Policy.
It is the customers sole responsibility to implement sufficient procedures to ensure that their network is secure and others do not use their network for illegal or inappropriate purpose. The customer is solely responsible for any breaches of security affecting servers under customer control.
Any account/server removed from service for any Policy violation may, at the sole discretion of HostingChoice, be reconnected after customer agrees to cease offending activity and pay a $100.00 reconnection fee.
THIS ACCEPTABLE USE POLICY (POLICY) IS NOT EXHAUSTIVE. ANY ACTIVITY THAT IS NOT LISTED IN THE HostingChoice POLICY BUT IS ILLEGAL, IRRESPONSIBLE, OR DISRUPTIVE USE OF HostingChoice SERVICES MAY ALSO BE A VIOLATION OF THE POLICY. ANY VIOLATION OF THE POLICY WILL RESULT IN APPROPRIATE ACTION UP TO AND INCLUDING SUSPENSION OR TERMINATION OF HostingChoice SERVICES. HostingChoice HAS THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME WITHOUT WARNING OR PRIOR NOTICE. NO CREDITS OR REFUNDS OF FEES PAID WILL BE ISSUED FOR INTERRUPTION OF SERVICE RESULTING FROM POLICY VIOLATIONS.
HostingChoice's FAILURE TO ENFORCE THIS POLICY, FOR WHATEVER REASON, SHALL NOT BE CONSTRUED AS A WAIVER OF THE RIGHT TO DO SO AT ANY TIME.
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