This is Easy Web Presence, Inc’s d/b/a Host4Porn.com (Host4Porn, we, us, or our) Acceptable Use Policy (AUP). Users of Host4Porn’s services are referred to as Customers, you, or your. This AUP is part of each Customer’s contract with Host4Porn, whether your contract is electronic or paper. By using Host4Porn’s services, Customers agree to be bound by this AUP. A Customer’s end users, or their customers are also bound by this AUP.
Customers expressly understand that the evolving nature of the Internet and on-line commerce makes it necessary for Host4Porn to reserve the right to make changes to this AUP at any time, and without notice. For this reason as well, this AUP may not represent all possible ways in which a Customer or End User engages in unacceptable behavior. Host4Porn reserves the right to determine, in its sole and exclusive judgment, what activities are unacceptable. The version of this AUP, available at this url Host4Porn, is the most recent version.
This AUP incorporates, either explicitly, or by reference, other policies from entities providing services through Host4Porn to its Customers. These policies must be “passed through” by Host4Porn to its Customers. These policies apply to Customers through this AUP. Customers are strongly encouraged to review these policies prior to agreeing to be bound by this AUP. We will provide you with information about these policies on request.
Customers violate this AUP when they, their affiliates, agents, customers (End User) engage in activities prohibited by it. It is a Customer’s responsibility and contractual obligation to ensure that End Users comply with this AUP. Host4Porn expects that Customers will cooperate with it in the enforcement and administration of this AUP. A Customer’s failure to do so is a violation of its contract.
The AUP contains four parts, which may, or may not, apply to individual Customers and End Users:
A. All Customers.
B. Shared Customers.
C. Dedicated and VPS Customers.
A. All Customers.
The following apply to all Customers:
Lawful Purpose
Host4Porn’s services, and those provided by Customers using Host4Porn’s services, may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, this AUP, or our Terms of Service is prohibited. Customers may not use Host4Porn’s services to directly facilitate the violation of any particular law or regulation.
Host4Porn expects its Customers to use good business judgment in their business conduct. The following list is designed to help guide Customers in determining if Host4Porn is a suitable service provider for their business. It is meant to provide you with examples of activities that may fall within this paragraph, and does not represent all unlawful uses of Host4Porn’s services by Customers or End Users:
- obscene speech;
- promoting violence or injury (other than sanctioned sports events);
- using defamatory or abusive language;
- gambling, or similar activities such as pyramid or ponzi schemes;
- instructing others in prohibited activities;
- forging, misrepresenting, omitting or deleting message headers, return mailing information, internet protocol addresses to conceal or misidentify the origin of a message;
- creating or sending Internet viruses, worms or Trojan horses, flood or mail bombs, or engaging in denial of service attacks;
- hacking, and/or subverting, or assisting others in subverting, the security or integrity of Host4Porn’s services or systems;
- soliciting the performance of any illegal activity, even if the activity itself is not performed; and/or
- acting in any manner that might subject Host4Porn to unfavorable regulatory action, subject Host4Porn to any liability for any reason, or adversely affect Host4Porn’s public image, reputation or goodwill, as determined by Host4Porn in its sole and exclusive discretion.
SPAM
Host4Porn has a zero tolerance approach to SPAM. This zero tolerance policy extends both to Customers using Host4Porn services to disseminate SPAM, and the use of its services to send SPAM to Host4Porn Customers. It is important for Customers to know that Spamming, and allegations of Spamming, have wide reaching effects on Host4Porn’s network, and its ability to do business. Consequently, you may not be provided with advance notice that Host4Porn has received information alleging that you are engaged in Spamming activities, and your account is to be suspended.
Host4Porn allows its customers to engage in email marketing that complies with the “CAN-SPAM” act. Customers who plan to engage in email marketing are strongly encouraged to familiarize themselves with this act to avoid inadvertent allegations that they are engaged in spamming. Please note, that Host4Porn may suspend or terminate your account based on this Spam policy even if your activity is allowed under CAN-SPAM, if, in Host4Porn’s sole and exclusive judgment, your activities compromise Host4Porn’s overall business interests.
Customers who violate this policy will have their accounts suspended. Host4Porn considers SPAM to be the sending or receipt of 500 or more email messages at one time. However, Host4Porn reserves the right to determine, in its sole and absolute discretion, what constitutes SPAM. Host4Porn also prohibits its Customers, or their End Users, from relaying email. In addition, should your use of Host4Porn’s services cause Host4Porn to be “black listed,” your account may be suspended.
You may not use Host4Porn’s services to host a site that is advertised in SPAM.
Copyright Infringement
Host4Porn is registered with the United States Copyright Office pursuant to the Digital Millennium Copyright Act (DMCA). If your site has been copied by an Host4Porn Customer, or End User, in a way that falls within the terms of the DMCA, you must provide Host4Porn with proper notice of such an infringement. The DMCA contains very specific guidelines of what your notice must contain. These guidelines are available here: http://www.copyright.gov/title17/92chap5.html#512.
Host4Porn’s designated agent for receipt of notices pursuant to the DMCA is:
W. David Snead, P.C.
Attention Host4Porn DMCA Notices
521 14th Street NE
Washington, D.C. 20002
Facsimile: 202-318-4089
E-mail: david.snead@dsnead.com
Violations of Rights, Other than Copyright
When you place information on the Internet, or use it to transmit information, you have the same liability for intellectual property violations as other authors or creators of information. Customers, and End Users, may not engage in activity that infringes or misappropriates the intellectual property rights of others. This includes but is not limited to, copyrights, trademarks, service marks, trade secrets, software piracy and patents. Customers and End Users, may not engage in activity that violates recognized Constitutional rights. Customers and End Users may not use Host4Porn’s services to defame, harass, abuse or threaten third parties. Complaints about such activity by Customers or End Users may be directed to Host4Porn.
Child Pornography, Child Erotica and Bestiality
Host4Porn takes a zero-tolerance approach to using its services to disseminate or display images classified under U.S. law as child pornography, child erotica and/or bestiality. Host4Porn takes an active role in cooperating with law enforcement in their efforts to prosecute violations of statutes restricting child pornography and bestiality. Host4Porn also terminates the accounts of Customers who are themselves, or whose End Users are, using Host4Porn’s services to disseminate or display child erotica.
Host4Porn is required by law to report the use of its services to disseminate or display child pornography. Customers and/or End Users will not be notified that Host4Porn has reported the use of its services in this manner, nor that it may be cooperating with law enforcement. Further information about child pornography may be found at www.ncmec.org.
Complaints about activity in violation of this policy by Customers or their end-users may be directed to Host4Porn.
U.S. Export Laws
A Customer, or End User’s, use of Host4Porn’s services is governed by U.S. export control laws. These laws apply regardless of whether the Customer, or End User, actually resides in the United States. You may not use Host4Porn’s services to engage in a violation of these laws. Violation of these laws may include selling products that may be legal to sell in the U.S., but illegal to export. Customers may not use Host4Porn’s services to provide services to End Users with whom U.S. citizens may not do business. More information about U.S. export laws may be found at: http://www.export.gov/exportcontrols.html
Privacy
Host4Porn’s privacy policy may be found here: www.Host4Porn.com/legal/privacy-policy. Entities who provide services to Host4Porn may have privacy policies that differ from Host4Porn’s. We will be happy to provide you with the names of those businesses who provide services through Host4Porn to you, and links to their privacy policies, on your request.
IP Addresses
Host4Porn owns the IP numbers and addresses that may be assigned to you by Host4Porn. These addresses may not be assigned or transferred, and are recycled by Host4Porn on termination of the services. Host4Porn may, in its sole discretion, change these numbers.
Suspension and/or Termination of Services, and Credits.
A Customer’s failure to abide by any of the items set out in this AUP is grounds for suspension or termination of the services provided by Host4Porn. Host4Porn may do the same should this AUP be violated by an End User. Any termination or suspension may be undertaken with or without notice to a Customer or End User.
Host4Porn does not issue credits for outages incurred as a result of its decision to suspend or terminate service for a violation of this AUP. Customers agree to hold Host4Porn harmless from any claims that a suspension or termination of services for this reason has damaged an End User.
Monitoring Services, Cooperation with Law Enforcement and Legal Documents.
Customers are solely responsible for ensuring that materials disseminated or posted using Host4Porn’s services comply with this AUP and relevant laws. Host4Porn does not review, edit, censor, or take responsibility for any information Customers or End Users may create. Because of this, Host4Porn cannot accept any responsibility from Customers, End Users, or third parties, that results from inaccurate, unsuitable, offensive, or illegal content or transactions.
Host4Porn may disclose information, including information that Customers or End Users may consider confidential, in order to comply with a court order, subpoena, summons, discovery request, warrant, regulation, or governmental request. Host4Porn assumes no obligation to inform a Customer or End User that information has been provided and in some cases may be prohibited by law from giving such notice. It may also disclose such information when it is necessary for Host4Porn to protect its self, or others, from harm.
On occasion, Host4Porn may have a need to communicate with Customers through email about issues related to billing, service changes, additions and modifications to the network. It is your responsibility to provide a working, monitored, email address to Host4Porn.
It is the responsibility of the Customer to contact Host4Porn of any changes to their account or contact information. Host4Porn has no responsibility for communications that are misdirected as a result of Customer’s failure to provide Host4Porn with updated contact information.
Security
The Internet is no more or less secure than any other method of communication. You are solely responsible for ensuring that your data is secure, that confidential information remains confidential, and that you do not expose your business to risks you are not prepared to assume. Host4Porn reserves the right to take immediate action to suspend or terminate your account if, in Host4Porn’s sole and exclusive discretion, you or an End User is engaging in activities that jeopardize Host4Porn’s security, the security of other customers, or of the Internet in general. You may not be provided with advance notice that Host4Porn is taking such action.
B. Shared Customers
The following apply to all Customers with shared accounts:
Host4Porn shared accounts cannot be transferred or used by anyone other than the Customer. Customers may not sell, lease or assign the connection or parts of the connection to any party not named in Host4Porn’s records. Customer may allow ftp access and host websites for its customers without violating this AUP.
In instances in which an excessive amount of system resources are utilized by a Customer, Host4Porn reserves the right to place CPU process limits on a Customer’s account to prevent disruption of other customers. Host4Porn is the sole arbiter of what is considered to be a high server usage.
C. Dedicated and VPS Customers
The following apply to all Customers with Dedicated and VPS accounts:
Customer is solely responsible for any breaches of security affecting servers under Customer control. If a Customer’s server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determined the cause/source of the attack. In such an event, Customer is responsible for the cost to rectify any damage done to Customer’s server and any other requirement affected by the security breach.
Customer may not engage in activities designed to monitor Internet traffic other than its own. This means, that Customer may not monitor Host4Porn’s Internet traffic, nor the Internet traffic of any other entity.