As a provider of website hosting and other internet-related services, "Evers Hosting" (EH) d/b/a/ of “Evers Services” offers its customer (also known as “Subscribers”) and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. EH respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, EH reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, EH has developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each customer’s respective service agreement, and is intended as a guide to the customer’s rights and obligations when using EH’ services. This AUP will be revised from time to time.
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 EH cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because EH cannot monitor or censor the Internet, and will not attempt to do so, EH 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 EH does not review, edit, censor or take responsibility for any information its 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 is carried over EH’ network and may reach a large number of people, including both subscribers and non-subscribers of EH, subscribers’ postings to the Internet may affect other subscribers and may affect EH’ goodwill, business, reputation or operations. For these reasons, subscribers violate EH policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward EH, but also because it can overload EH’ network and disrupt service to EH’ subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, EH will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore EH reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should EH choose to pursue and prosecute.
Audio/Video Streaming is not hosting friendly. As such, EH does not allow any *excessive* streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.
EH does not allow adult content and will suspend/terminate any offending account.
EH is for file hosting and distribution – as such, customers may host any files in any size that are observed to be available for the sole purpose of download. Such files must not contain any harmful content. If you are unsure whether your file is against this policy or you were a victim of such file hosted by an EH client, please e-mail firstname.lastname@example.org.
Using EH’ network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. EH is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
Using EH’ network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, 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.
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, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.
Exporting encryption software over the Internet or otherwise, to points outside the United States.
EH reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
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.
Engaging in activities, whether lawful or unlawful, that EH determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. EH will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with EH’ policy or applicable law. However, when EH becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by EH.
EH is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching EH’ facilities from those subscribers may have originated from a customer of the subscriber or from another third party. EH does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. EH reserves the right to directly take action against a customer of its subscribers. Also, EH may take action against the EH’ subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, EH anticipates that subscribers who offer Internet services will cooperate with EH in any corrective or preventive action that EH deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of EH policy.
EH will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. EH may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, EH may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. EH assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, EH may disclose subscriber information or information transmitted over its network where necessary to protect EH and others from harm, or where such disclosure is necessary to the proper operation of the system. However, EH will never sell information to other services or outside companies.
EH expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber’s failure to comply with those laws will violate EH policy. Finally, EH wishes to emphasize that, in signing the Service Agreement, subscribers indemnify EH for any violation of the Service Agreement, law or EH policy resulting in loss to EH or the bringing of any claim against EH by any third party. This means that, if EH is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will be responsible for payment of any damages awarded against EH, plus costs and reasonable attorney’s fees. We hope this AUP is helpful in clarifying the obligations of Internet users, including EH and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent to email@example.com.