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Illegal Usage
HostAbove.com servers may be used for lawful
purposes only. Transmission, storage, or distribution of any
information, data or material in violation of any applicable law or
regulation is prohibited. This includes, but is not limited to:
copyrighted material, trademark, trade secret or other intellectual
property right used without proper authorization, and material that
is obscene, defamatory, constitutes an illegal threat, or violates
export control laws. Examples of non-acceptable content or links:
Pirated software, Hackers programs or archives, Warez sites, MP3,
and IRC bots. The subscriber to HostAbove.com service
agrees to indemnify and hold harmless HostAbove.com from
any claims resulting from the use of the service that damages the
subscriber or any other party.
HostAbove.com will be the sole arbiter as to what
constitutes a violation of this provision.
Adult Content
Due to special system and network requirements of adult
oriented sites, pornography and sex-related merchandising are
prohibited. This includes sites that may infer sexual content, or
links to adult content elsewhere. This is also true for sites that
promote any illegal activity or content that may be damaging to our
servers or any other server on the Internet. Links to such materials
are also prohibited.
Security
Violations of system or network security are prohibited, and
may result in criminal and civil liability. Examples include, but
are not limited to the following: Unauthorized access, use, probe,
or scan of a systems security or authentication measures, data or
traffic. Interference with service to any user, host or network
including, without limitation, mail bombing, flooding, deliberate
attempts to overload a system and broadcast attacks. Forging of any
TCP-IP packet header or any part of the header information in an
email or a newsgroup posting.
Server Resource
Any website that uses a high amount of server resources (such
as, but not limited to, CPU time, memory usage, and network
resources) will be given an option of either paying extra (which
depends on the resource needed) or reducing the resource used to an
acceptable level. HostAbove.com shall be the sole arbiter
of what is considered to be a high server usage level.
Any hosting account deemed to be adversely affecting the
server performance or the network integrity will be shut down
without prior notice.
Chat Rooms
HostAbove.com does not allow clients to install
their own chat rooms. Chat rooms tend to be large system hogs and we
cannot permit it as an account option. HostAbove.com does
provide a choice of Java chatrooms which should meet most users'
needs and run without hindering the performance of the machine of
our servers.
Background Running Programs and Cron Jobs
HostAbove.com does not allow background Daemons such
as IRC bots; eggdrop; BitchX; XiRCON; and any other program that
interferes with normal server operation.
IRC
HostAbove.com does not allow IRC or IRC bots to be
operated on our servers.
Backups
HostAbove.com performs weekly backups on all servers
to ensure critical files are never lost. However HostAbove.com is NOT responsible for lost data, time, income or any other
resource due to faulty backups or non-existent backups.
Client Responsibility
The client is responsible for all activity originating from
the account unless proven to be a victim of outside hacking or
address forgery. The client is responsible for securing their
username/password. The client assumes responsibility for all
material on their site that may be put on by a third party (such as
the usage of Free For All links pages). Use of HostAbove.com's service requires a certain level of knowledge in the use of
Internet languages, protocols, and software. This level of knowledge
varies depending on the anticipated use and desired content of the
web space by the client. The following examples are offered: Web
Publishing: requires knowledge of HTML, properly locating and
linking documents, FTPing Web contents, Graphics, text, sound, image
mapping, etc. FrontPage web publishing: knowledge of the FrontPage
tools as well as Telnet and FTP understanding and capability.
CGI-Scripts: requires a knowledge of the UNIX environment, TAR &
GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use
of mail clients to receive and send mail, etc. The client agrees
that he or she has the necessary knowledge to create and maintain
their web space. Client agrees that it is not the responsibility of
HostAbove.com to provide this knowledge or support outside
matter specific to HostAbove.com servers.
UCE (Unsolicited Commerce Email) - SPAM
Spamming, or the sending of mass unsolicited email, from or
through a HostAbove.com server or using an email address
that is maintained on a HostAbove.com machine is STRICTLY
prohibited. HostAbove.com will be the sole arbiter as to
what constitutes a violation of this provision. If you engage in any
of the foregoing activities using the service of another ISP or IPP,
but channeling activities through a HostAbove.com server as
a maildrop for responses, you are in violation. Violators will be
assessed a minimum of $500.00 fine and will face an immediate
suspension.
Mailing Lists: We strictly DO NOT allow large mailing lists
on our servers, even though they are opt-in. We restrict the number
of email messages each hosting account can send per hour. Currently,
all our servers have limit of sending 100 email messages per hour
per hosting account.
Server abuse
Any attempts to undermine or cause harm to a HostAbove.com server or customer of
HostAbove.com is strictly
prohibited.
Any sub-networks of HostAbove.com and dedicated
servers must adhere to the above policies. The failure to meet or
follow any of the above guidelines are grounds for account
deactivation. We reserve the right to remove any account without
prior notice.
Software Distribution
HostAbove.com's shared Web Hosting accounts are not
to be used for the purposes of distributing software and multimedia
products. If you wish to distribute software and/or multimedia
files, please contact sales [at] HostAbove.com for special arrangement.
Multimedia Files
Multimedia files are defined as any graphics, audio, and
video files. HostAbove.com Web Hosting accounts are not to
be used for the purposes of distributing and storing unusual amount
of multimedia files. Any Web site whose disk space usage for storing
the multimedia files exceed 70% of its total usage, either in terms
of total size or number of files, will be deemed to be using unusual
amount of multimedia files.
Actions Taken by HostAbove.com
The failure by a customer to meet or follow any of the above
policies/terms is grounds for account deactivation. HostAbove.com will be the sole arbiter as to what constitutes a
violation of the AUP. HostAbove.com reserves the right to
remove any account without prior notice.
When HostAbove.com becomes aware of an alleged
violation of its AUP, HostAbove.com will initiate an
investigation. During the investigation, HostAbove.com may
restrict a customer's access in order to prevent further potentially
unauthorized activity. Depending on the severity of the violation,
HostAbove.com may, at its sole discretion, restrict,
suspend, or terminate a customer's web hosting account and/or pursue
other civil remedies. If such violation is a criminal offense,
HostAbove.com will notify the appropriate law enforcement
authorities of such violation.
HostAbove.com does not issue credits for outages
incurred through service disablement resulting from AUP violations.
HostAbove.com customers agree to indemnify and hold
harmless HostAbove.com from any claims resulting from the
use of our services that damages them or any other party. The
HostAbove.com service is provided on an as is, as available
basis without warranties of any kind, either express or implied,
including, but not limited to, warranties of merchantability,
fitness for a particular purpose or non-infringement. HostAbove.com expressly disclaims any representation or warranty that
the HostAbove.com service will be error-free, secure or
uninterrupted. No oral advice or written information given by
HostAbove.com, its employees, licensors or the like, will
create a warranty; nor may you rely on any such information or
advice. HostAbove.com and its partners and suppliers will
not be liable for any cost or damage arising either directly or
indirectly from any transaction or use of the service.
Modification
HostAbove.com reserves the right to add, delete, or
modify any provision of this Policy at any time without notice.
Refusal Of Service
We reserve the right to refuse, cancel, or suspend service at
our sole discretion.
All disputes are subject to New Delhi Jurisdiction.
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