Acceptable Use Policy
Revision date: 03/03/2015
As a provider of web site hosting and other Internet-related services, Impact Host LTD 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. Impact Host LTD respects that the Internet provides a forum for free and
open
discussion and dissemination of information. However, when there are competing interests at issue, Impact Host LTD
reserves the right to take certain preventive or corrective actions. In order to protect these competing interests,
Impact Host LTD 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
Impact Host LTD' 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 Impact Host LTD 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 Impact Host LTD cannot monitor or censor
the
Internet, and will not attempt to do so, Impact Host LTD 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 Impact Host LTD 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 Impact Host LTD' network and may reach a large number of
people,
including both subscribers and non-subscribers of Impact Host LTD, subscribers' postings to the Internet may affect
other subscribers and may affect Impact Host LTD' goodwill, business, reputation or operations. For these reasons,
subscribers violate Impact Host LTD policy and the Service Agreement when they, their customers, affiliates or
subsidiaries engage in the following prohibited activities:
Spamming:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its
negative
impact on consumer attitudes toward Impact Host LTD, but also because it can overload Impact Host LTD' network and
disrupt service to Impact Host LTD' subscribers. Also, maintaining an open SMTP relay is prohibited. When a
complaint is
received, Impact Host LTD 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 Impact Host LTD reserves the right to
prosecute
for this violation. A $1.00 charge will be assessed PER EMAIL sent should Impact Host LTD choose to pursue and
prosecute.
Audio/Video Streaming:
Audio/Video Streaming is not hosting friendly. As such, Impact Host LTD does not allow any streaming of audio or
video
content. Offending accounts will be suspended without noticed or terminated.
Obscene Speech or Materials:
Using Impact Host LTD' network to advertise, transmit, store, post, display, or otherwise make available child
pornography or obscene speech or material is prohibited. Impact Host LTD 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.
Defamatory or Abusive Language:
Using Impact Host LTD' network as a means to transmit or post negative, defamatory, harassing, abusive or
threatening
language.
Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks:
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).
Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
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.
Facilitation a Violation of this AUP:
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.
Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside the United States.
Usenet Groups:
Impact Host LTD reserves the right not to accept postings from newsgroups where we have actual knowledge that the
content of the newsgroup violates the AUP.
Other Illegal Activities:
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.
Other Activities:
Engaging in activities, whether lawful or unlawful, that Impact Host LTD 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. Impact Host LTD will not, as an ordinary practice, monitor the communications of its subscribers to
ensure
that the comply with Impact Host LTD' policy or applicable law. However, when Impact Host LTD 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 Impact Host LTD.
Impact Host LTD is also aware that many of its subscribers are themselves providers of Internet services, and that
information reaching Impact Host LTD' facilities from those subscribers may have originated from a customer of the
subscriber or from another third party. Impact Host LTD does not require its subscribers who offer Internet services
to
monitor or censor transmissions or web sites created by customers of its subscribers. Impact Host LTD reserves the
right
to directly take action against a customer of its subscribers. Also, Impact Host LTD may take action against the
Impact Host LTD'
subscriber because of activities of a customer of the subscriber, even though the action may affect other
customers of the subscriber. Similarly, Impact Host LTD anticipates that subscribers who offer Internet services
will
cooperate with Impact Host LTD in any corrective or preventive action that Impact Host LTD deems necessary. Failure
to
cooperate with such corrective or preventive measures is a violation of Impact Host LTD policy.
Impact Host LTD 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. Impact Host LTD may,
however,
monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Impact Host
LTD
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. Impact Host LTD 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,
Impact Host LTD may disclose subscriber information or information transmitted over its network where necessary to
protect Impact Host LTD and others from harm, or where such disclosure is necessary to the proper operation of the
system. However, Impact Host LTD will never sell information to other services or outside companies.
Impact Host LTD 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 Impact Host LTD policy. Finally, Impact Host LTD wishes to emphasize that, in signing the Service Agreement,
subscribers indemnify Impact Host LTD for any violation of the Service Agreement, law or Impact Host LTD policy
resulting in loss to Impact Host LTD or the bringing of any claim against Impact Host LTD by any third party. This
means
that, if Impact Host LTD 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 Impact Host LTD, plus costs and reasonable attorney's
fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including Impact Host LTD and its
subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP
should be
sent to support@impactvps.com.