Customer's Acknowledgment and Acceptance of AUP
BY USING THE HostDash SITE AND SERVICES, YOU AGREE TO BE BOUND BY THIS ACCEPTABLE USE POLICY AND ALL OTHER APPLICABLE DOCUMENTS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, PLEASE EXIT THIS SITE NOW. IF YOU ARE DISSATISFIED WITH THE HostDash WEBSITE OR ITS SERVICES, YOU MAY STOP USING THE SITE AND/OR THE PARTICULAR SERVICES. YOUR AGREEMENT TO THIS ACCEPTABLE USE POLICY BECOMES IMMEDIATELY EFFECTIVE UPON YOUR CONTINUED USE OF THE SITE AND/OR SERVICES.
You Must Flow Down This AUP To Your End Users
If you purchase hosting services from us, you must make visible and enforce an AUP for your end users no less restrictive than this one. You agree to indemnify us should you fail to comply with this paragraph. However, even if you include this AUP in your agreement with your End Users, you remain responsible for their conduct and agree to indemnify us and our third party vendors from any claims made against us based on their conduct.
If you purchase Services from us, you must have an acceptable use policy no less restrictive than our AUP. If you choose to copy this AUP into your agreement, you must acknowledge in your agreement that we are the sole owners of this AUP and that it has been copyrighted by us. You agree to indemnify us should you fail to comply with this paragraph. However, even if you include this AUP in your agreement with your End Users, you remain responsible for their conduct, and agree to indemnify us and our third party vendors from any claims made against us based on their conduct.
The Customer may not use the HostDash site or services for any purpose that is unlawful or in any manner that could damage, disable, disrupt, overburden or impair the operation of this site, the HostDash Network, or HostDash Services, or any other party's use or enjoyment of this site, the HostDash Network, or HostDash Services.
Illegal Use of Services
The Customer may not use the HostDash site or services to contravene the laws of the United States, or any other jurisdictions involved in the use or access of the site or services. You may not terminate the TOS if it determined that your use of the site or services is contrary to law or this AUP.
Specific Prohibited Uses
a. SPAM - Unsolicited Commercial email
You must comply with the CAN-SPAM law. If you are unsure of the provisions of this law, please click here [http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm].
You must also send email in a way that respects the stability of our network, and allows other customers to use the services. If we determine that your use of email affects our network or our other customers, in a material, adverse manner, we may suspend your account until such time as you have agreed to modify your behavior.
b. Copyright Infringement - Digital Millennium Copyright Act (DMCA)
Use of our services requires that you honor and respect U.S. copyright law. You may not use our services to infringe anyone else's copyright, including the hosting of or direct linking to a torrent or warez site. While we understand that there are often differences of opinion about copyright law, the DMCA provides us with no discretion when an entity alleges copyright infringement.
The steps necessary to file a DMCA complaint, respond to such a notice, and other steps in the DMCA process are here: [http://www.copyright.gov/legislation/pl105-304.pdf].
Please send all DMCA complaints to abuse@HostDash.com
c. Trademark Infringement
Use of our services requires that you honor and respect U.S. trademark law. You may not use our services to infringe anyone else's trademark rights. Trademark infringement includes, but is not limited to, displaying another entity's trademark on your website, using trademarked words in meta tags and other text based aspects of your website, and selling or distributing goods that you do not have a right to sell. For the avoidance of doubt, it is a violation of this AUP to use our Services to sell "grey market" goods.
We will take action on a notice of trademark infringement that includes the following:
i. The name of the owner of the trademark;
ii. The U.S. registration number of the trademark;
iii. The website on which the trademark infringement is alleged to occur, and each url on which an instance of infringement is present;
iv. The mailing and email address and a working telephone number of the entity or person providing notice of infringement; and
v. A statement that the use of the trademark in this manner is unauthorized and infringing.
Please send all trademark infringement complaints to abuse@HostDash.com
d. Content prohibited by law
You may not use our services to distribute, advertise, disseminate, link to content that contains, describes, or refers to child pornography, bestiality, child erotica, gambling, pyramid or "multilevel marketing" schemes, or any other content prohibited by U.S. law.
We will take action on a notice of prohibited content that includes the following:
i. The name of the website on which the prohibited content is alleged to reside, and each url on which an instance of the content is present;
ii. The mailing and email address and a working telephone number of the entity or person providing the notice; and
iii. The date on which the prohibited content was observed.
Please send all complaints of prohibited content to abuse@HostDash.com
e. Adult Content
You may not use our services to distribute, advertise, disseminate, link to content that contains, describes, or refers to adult content including pornography, bestiality, or erotica, in any format including text, video, or audio.
No connections to IRC or IRC-like servers or hosts may be made using our services. IRC related programs, including, but not limited to, clients, bots, and servers, may not be run using our services. You may not advertise or link to IRC servers using the services.
g. Monitoring other's use of Services
You may not engage in probes, port-scans, sweeps or spoofing of systems. We will report this activity to the appropriate law enforcement entity. We may engage in this activity, as allowed by law.
h. Server and network stability
We have optimized our servers and network for the Services we offer. These services are used by more than one customer. If we determine that your use of the Services endangers our servers, network or other aspects of our infrastructure, we may suspend your account. We reserve the right to take this action even if your use of the services is otherwise legal. It is your obligation to determine whether your use of the Services will adversely affect our servers, network and/or infrastructure. You may not terminate the TOS if your use of the Services is suspended by application of this paragraph.
i. Network unfriendly activity
HostDash reserves the right to disallow activities that negatively impact network operations. This includes but is not limited to the running of applications or processes that require resources in excess of what the package allows. One example of this is the running or web proxies on our hosting plans.
You are not permitted to run any type of websites with the main intent of being file hosts, including file upload/sharing sites (such as RapidShare), video upload/sharing sites (such as YouTube), and image upload/sharing sites (such as Photobucket).
You are not permitted to run any kind of scripts or services that uses 25% of more of total system resources for longer than 90 seconds at a time. You may not run web spiders or indexers, bit torrent applications, game servers, or proxies. Cron jobs are permitted to be set, but should not run in intervals of less than 15 minutes.
You are not permitted to use your account as a backup storage type service. All files on your website must directly relate to your website and serve a website function.
It is strictly forbidden to resell any part of the shared web hosting service, regardless of profit or intent. Shared hosting accounts are requirement to have no more than 1 owner. The owner is defined as the person who originally orders and creates the account.
If you wish to resell HostDash hosting and services, you may order our Reseller Hosting plans - which are made specifically for this purpose.
Providing us with accurate information not only makes it easier for us to contact you, but it also speeds our response to any complaints or issues you present to us. It is your obligation to provide accurate, updated, information to us at all times.
Cooperation with Law Enforcement
We choose, and in some cases are obligated, to comply with legitimate requests from law enforcement and other governmental entities for information about you. When possible, we will give you notice of these requests. However, in most cases, we are prohibited from giving you notice. This prohibition may be express, or based on our reasonable interpretation of the law. By providing us with information, both directly, and as a result of your use of the Services, you agree to this paragraph.