Web
Hosting TOS Policies revised as of 05-25-2005
Agreeing to DWHS Web Hosting Acceptable
Use Policy and Terms of Service is mandatory for Hosting
signing up or using our services. Please make sure
you read everything. The following rules apply to
sites you host with DWHS Web Hosting
Acceptable Use Policy
Introduction
During the term of its agreement with DWHS Web Hosting,
the customer must ensure that the use of any resource
offered to the customer or owned or controlled by
DWHS Web Hosting ("Service") conforms with
DWHS Web Hosting's then current Acceptable Use Policy
("AUP"). DWHS Web Hosting may modify, without
prior notice, the AUP as DWHS Web Hosting deems appropriate;
such modified AUP is effective upon posting on DWHS Web Hosting's
website.
Responsibility
You are responsible for your sites and all sites that
you host to be in accordance with all rules on this
page. Misuse by you may result in actions on your
account, including removal from the host without a
refund.
Inappropriate Use
The Service must not be used to publish, post, distribute
or otherwise disseminate unlawful material or information
including, but not limited to: threatening, harassing,
defamatory, obscene, or fraudulent information and
materials, or proprietary, copyrighted, or otherwise
intellectually protected information and materials
for which Customer does not have authorization or
authority to possess or distribute. The Service must
not be used to request unlawful services or materials.
The Service must not be used for activities DWHS Web Hosting
deems to impact its customers or its ability to deliver
services to its customers. Such activities may include,
but are not limited to:
Obscene
Speech or Materials
The distribution of child pornography or any, defamatory
or threatening speech or material.
Intellectual Property Infringement
Any activity infringing on the intellectual property
rights of others, including copyrights, trademarks,
service marks, trade secrets, and patents.
Spamming
Sending unsolicited commercial bulk email ("UCE"),
news postings or chain letters; advertising transmitting,
or otherwise making available any software, program,
product, or service that is designed to facilitate
sending UCE; use of web pages that allow "spam"ing
(known as "ghost sites") that directly or
indirectly refers to domains or IP addresses hosted
by DWHS Web Hosting. DWHS Web Hosting reserves the right
to determine in its sole discretion what constitutes
UCE based on the information available. Sending any
email to purchased lists or lists obtained by any
other method (such as harvesting) is not acceptable.
Customers may ony send email to recepients who have
joined mailing lists directly from their site.
Maintaining an Open Email Relay
Allowing email to be sent through Customer's system
by a third party (i.e. neither to nor from Customer
or Customer's accounts).
Fraud
Using a false identity; using pyramid/ponzi scheme;
storage or transmission of any intentionally incorrect
data or packet.
Virus, Worm, or Trojan horse program
distribution
The deliberate transmission of computer viruses, worms
or trojan software.
Denial of Service
Using any technique to intentionally degrade or disable
the delivery of any legitimate data.
Glutting of servers
Oversized storage of any files that would be unreasonably
large (ie. making a zip file filled with text files
just to pad the size). Again, your webspace is not
for data back up. It is only for hosting real sites.
Unauthorized Access
Attempting to gain unauthorized entry to any site
or network, or any network or host scanning, probing,
monitoring or other information gathering associated
with such activity; using the Service to guess passwords.
Applications
Customer may not run any program or script on the
server that runs constantly or 'listens' on ports
unless provided in the control panel. This includes
applications associated with chat services.
Public Forums
Inappropriate postings to newsgroups, chat rooms,
electronic bulletin boards and any other public forum
on, or using, the Service.
Customer Responsibilities
Bulk Email
Customers sending bulk email must provide recipients
with an easy and effective mechanism for removal from
bulk email list. Customer must include the source
of the addressee's address in each bulk email message.
CPU Usage
Sites may not use extreme unwarranted CPU usage. This
includes usage of "heavy" scripts or Flash/shockwave
files. By heavy we mean oversized without cause, to
the point where most users would be unable to view
them in a reasonable amount of time. No single site
may consume 30% of CPU usage for a sustained period
of time.
Service Resale
Customer may not resell the Service or any portion
of the Service unless under a Reseller plan.
Password Protection
Customer is responsible for protecting passwords and
for any authorized or unauthorized use.
Music Files
Customer may not with out permission have sound/video
files in any format (MP3, ASX, ASF, RA, RAM , QTV)
due to the high rate of illegal transfer of copywritten
material.
Content Protection
Customer agrees to provide appropriate protection
to prevent minors (persons under 18 years of age)
from accessing any unsuitable material that Customer
publishes via any Service.
Content Ownership
Customer is responsible for all content or information
residing on, or obtained, or transmitted via, the
Service, regardless of whether such use is by Customer.
File repository /Dump Sites
Customer may not use disk space as a file repository,
or dump site. This includes but is not limited too;
warez, serialz, sound files, applications, zip files.
This includes using the space in order to store content
used on other sites (remote linking) . Examples of
this would be using the web space to store images
for auction descriptions, flash or any other files
used on another site but stored on our server.
Free Email / Hosting Sites
We do not permit the free giving of POP email accounts
or the issuing of free hosting. This includes near
free (1 penny per year for instance).
Facilitating AUP Violation
Customer activity that facilitates the violation of
this AUP by any party constitutes a violation of this
AUP by Customer.
AUP Enforcement
Violation of the AUP may subject Customer to international,
federal, and/or state civil and/or criminal liability,
including without limitation, Ohio Business &
Professional Code. DWHS Web Hosting reserves the right
in its sole discretion and without prior notice to
suspend and/or terminate Customer's access to the
Service at any time for violating this AUP. DWHS Web Hosting
also reserves the right to suspend, filter or block,
and/or terminate Customer's access if Customer's account
is being used to exploit or attack the Service or
the networks of others. If Customer's account has
been compromised and attempts to reach Customer and/or
to have Customer repair a breach of security fail,
DWHS Web Hosting reserves the right to suspend or terminate
Customer's service. If Customer's access is suspended
or terminated, DWHS Web Hosting, in its sole discretion,
may refuse to accept all new e-mail sent to the terminated
e-mail address and delete Customer's data stored on
Service. DWHS Web Hosting will fully cooperate with law
enforcement authorities in the detection and prosecution
of illegal activity.
Violation of Rules
Breaking any of these aforementioned rules may result
in immediate account suspension with out refund, as
well as criminal prosecution where deemed necessary.
LIMITATION OF LIABILITY: DWHS Web Hosting (DWHS Web Hosting)
shall not be responsible for any claimed damages,
including incidental and consequential damages, which
may arise from servers going off-line or being unavailable
for any reason whatsoever. Further, DWHS Web Hosting
(DWHS Web Hosting) shall not be responsible for any claimed
damages, including incidental or consequential damages,
resulting from the corruption or deletion of any web
site from one of DWHS Web Hosting (DWHS Web Hosting) servers.
All damages shall be limited to the immediate termination
of service. DWHS Web Hosting (DWHS Web Hosting) shall be
the sole arbiter of what is and is not a violation
of these acceptable use policies. DWHS Web Hosting (DWHS Web Hosting)
reserves the right to terminate an account at any
time and for any reason that causes harm to any customer's
web sites. DWHS Web Hosting (DWHS Web Hosting ) reserves
the right to delete all content and files upon termination.
DWHS Web Hosting (DWHS Web Hosting) reserves the right to
withhold any pre-paid funds for any site removed for
violations of these policies. DWHS Web Hosting (DWHS Web Hosting)
reserves the right to refuse, cancel, or suspend service
at our sole discretion. DWHS Web Hosting (DWHS Web Hosting)
reserves the right to change these Policies without
prior notice or warning. Non-enforcement of any part
of these Policies does not constitute consent.
