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BW Hosting's Acceptable Use Policy (AUP)
BW Hosting's
Acceptable Use Policy ("AUP") is provided to give our customers and users a
clear understanding of what BW Hosting expects of them while using the
service. All users of BW Hosting's Internet services: those who access some
of our Services but do not have accounts, as well as those who pay a service
fee to subscribe to the Services, must comply with this AUP and our
TOS
(Terms of Service).
Use of BW Hosting Service constitutes acceptance and agreement to BW
Hosting's AUP as well as BW Hosting's TOS (Terms of Service)
IMPORTANT NOTICE: *All Payments To BW Hosting Are Nonrefundable*
We support the uncensored flow of information and ideas over the Internet
and do not actively monitor subscriber activity under normal circumstances.
Similarly, we do not exercise editorial control over the content of any web
site, e-mail transmission, newsgroups, or other material created or
accessible over or through the services, except for certain proprietary Web
sites. However, in accordance with our TOS (Terms of Service), we may remove
any materials that, in our sole discretion, may be illegal, may subject us
to liability, or which may violate this AUP. BW Hosting may cooperate with
legal authorities and/or third parties in the investigation of any suspected
or alleged crime or civil wrongdoing. Your violation of this AUP may result
in the suspension or immediate termination of either your BW Hosting account
or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understand of BW Hosting's
Acceptable Use Policy. The following are guidelines for the establishment
and enforcement of BW Hosting's AUP:
Ensure reliable service to our customers
Ensure security and privacy of our systems and network, as well as the
networks and systems of others
Comply with existing laws
Maintain our reputation as a responsible service provider
Encourage responsible use of the Internet and discourage activities which
reduce the usability and value of Internet services
Preserve the value of Internet resources as a conduit for free expression
and exchange of information
Preserve the privacy and security of individual users
BW Hosting intends to provide its customers access to everything the
Internet has to offer. While BW Hosting is firmly committed to the
principles of free speech, certain activities that may be damaging to the
resources of both BW Hosting and the Internet and cannot be permitted under
the guise of free speech. The resources of BW Hosting and the Internet are
limited, and abuse of these resources by one user has a negative impact on
the entire community.
We do not routinely monitor the activity of accounts except for measurements
of system utilization and the preparation of billing records. However, in
our efforts to promote good citizenship within the Internet community, we
will respond appropriately if we become aware of inappropriate use of our
service.
You may not use your dedicated server or virtual site to publish material,
which BW Hosting determines, at its sole discretion, to be unlawful,
indecent or objectionable. For purposes of this policy, "material" refers to
all forms of communications including narrative descriptions, graphics
(including photographs, illustrations, images, drawings, logos), executable
programs, video recordings, and audio recordings.
If a BW Hosting account is used to violate the Acceptable Use Policy or our
TOS, we reserve the right to terminate your service without notice. We
prefer to advise customers of inappropriate behavior and any necessary
corrective action, however, flagrant violations of the Acceptable Use Policy
will result in immediate termination of service. Our failure to enforce this
policy, for whatever reason, shall not be construed as a waiver of our right
to do so at any time.
As a member of our network community, you must use your Internet access
responsibly. If you have any questions regarding this policy, please contact
us at abuse@bwwebhosting.com
VIOLATIONS OF BW Hosting ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
Illegal use: BW Hosting services may not be used for illegal purposes, or in
support of illegal activities. BW Hosting reserves the right to cooperate
with legal authorities and/or injured third parties in the investigation of
any suspected crime or civil wrongdoing.
Harm to minors: Use of the BW Hosting service to harm, or attempt to harm,
minors in any way, including, but not limited to child pornography.
Threats: Use of BW Hosting service to transmit any material (by e-mail,
uploading, posting or otherwise) that threatens or encourages bodily harm or
destruction of property.
Harassment: Use of BW Hosting service to transmit any material (by e-mail,
uploading, posting or otherwise) that harasses another.
Fraudulent activity: Use of BW Hosting service to make fraudulent offers to
sell or buy products, items, or services, or to advance any type of
financial scam such as "pyramid schemes," "ponzi schemes," and "chain
letters."
Forgery or impersonation: Adding, removing or modifying identifying network
header information in an effort to deceive or mislead is prohibited.
Attempting to impersonate any person by using forged headers or other
identifying information is prohibited. The use of anonymous remailers or
nicknames does not constitute impersonation.
Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the BW
Hosting service to transmit any unsolicited commercial or unsolicited bulk
e-mail is expressly prohibited. Violations of this type will result in the
immediate termination of the offending BW Hosting account.
E-mail / News Bombing: Malicious intent to impede another person's use of
electronic mail services or news will result in the immediate termination of
the offending BW Hosting account.
E-mail / Message Forging: Forging any message header, in part or whole, of
any electronic transmission, originating or passing through the BW Hosting
service is in violation of this AUP.
Unauthorized access: Use of the BW Hosting service to access, or to attempt
to access, the accounts of others, or to penetrate, or attempt to penetrate,
security measures of BW Hosting or another entity's computer software or
hardware, electronic communications system, or telecommunications system,
whether or not the intrusion results in the corruption or loss of data, is
expressly prohibited and the offending BW Hosting account is subject to
immediate termination.
Copyright or trademark infringement: Use of the BW Hosting service to
transmit any material (by e-mail, uploading, posting or otherwise) that
infringes any copyright, trademark, patent, trade secret or other
proprietary rights of any third party, including, but not limited to, the
unauthorized copying of copyrighted material, the digitization and
distribution of photographs from magazines, books, or other copyrighted
sources, and the unauthorized transmittal of copyrighted software.
Collection of personal data: Use of the BW Hosting service to collect, or
attempt to collect, personal information about third parties without their
knowledge or consent.
Network disruptions and unfriendly activity: Use of the BW Hosting service
for any activity which affects the ability of other people or systems to use
BW Hosting Services or the Internet. This includes "denial of service" (DOS)
attacks against another network host or individual user. Interference with
or disruption of other network users, services or equipment is prohibited.
It is the Member's responsibility to ensure that their network is configured
in a secure manner. A Subscriber may not, through action or inaction, allow
others to use their network for illegal or inappropriate actions. A
Subscriber may not permit their network, through action or inaction, to be
configured in such a way that gives a third party the capability to use
their network in an illegal or inappropriate manner. Unauthorized entry
and/or use of another company and/or individual's computer system will
result in immediate account termination. BW Hosting will not tolerate any
subscriber attempting to access the accounts of others, or penetrate
security measures of other systems, whether or not the intrusion results in
corruption or loss of data.
Fraud: Involves a knowing misrepresentation or misleading statement, writing
or activity made with the intent that the person receiving it will act upon
it.
Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual
Property Right: Distribution and/or posting of copyrighted or the
aforementioned infringements will not be tolerated.
Distribution of Viruses: Intentional distributions of software that attempts
to and/or causes damage, harassment, or annoyance to persons, data, and/or
computer systems are prohibited. Such an offense will result in the
immediate termination of the offending account.
Inappropriate Use of Software: Use of software or any device that would
facilitate a continued connection, i.e. pinging, while using BW Hosting
services could result in suspension service.
Third Party Accountability: BW Hosting subscribers will be held responsible
and accountable for any activity by third parties, using their account, that
violates guidelines created within the Acceptable Use Policy.
Security
You are responsible for any misuse of your account, even if the
inappropriate activity was committed by a friend, family member, guest or
employee. Therefore, you must take steps to ensure that others do not gain
unauthorized access to your account. In addition, you may not use your
account to breach security of another account or attempt to gain
unauthorized access to another network or server.
Your password provides access to your account. It is your responsibility to
keep your password secure.
Sharing your password and account access with unauthorized users is
prohibited. You should take care to prevent others from using your account
since you will be held responsible for such use.
Attempting to obtain another user's account password is strictly prohibited,
and may result in termination of service.
You must adopt adequate security measures to prevent or minimize
unauthorized use of your account.
You may not attempt to circumvent user authentication or security of any
host, network or account. This includes, but is not limited to, accessing
data not intended for you, logging into or making use of a server or account
you are not expressly authorized to access, or probing the security of other
networks. Use or distribution of tools designed for compromising security is
prohibited. Examples of these tools include, but are not limited to,
password guessing programs, cracking tools or network probing tools. You may
not attempt to interfere with service to any user, host or network ("denial
of service attacks"). This includes, but is not limited to, "flooding" of
networks, deliberate attempts to overload a service, and attempts to "crash"
a host.
Users who violate systems or network security may incur criminal or civil
liability. BW Hosting will cooperate fully with investigations of violations
of systems or network security at other sites, including cooperating with
law enforcement authorities in the investigation of suspected criminal
violations.
Network Performance
BW Hosting accounts operate on shared resources. Excessive use or abuse of
these shared network resources by one customer may have a negative impact on
all other customers. Misuse of network resources in a manner which impairs
network performance is prohibited by this policy and may result in
termination of your account.
Users are not permitted to have any cgi shells, or php shells. This includes
FooArt, PhpShell, and such others as 'copytest'. Users with these files are
subject to having their account suspended, and a $20 fine.
You are not allowed to run ANY IRC servers or abusive services using shell
on the BW Hosting network. This includes any IRC bots, scripts, servers,
etc. Servers are defined as eggdrop servers, perlbots, VOIP applications,
proxies, BitchX, psyBnc, root exploits, DDos scripts, shoutcast servers,
etc. Running any of these will face in immediate suspension, and users will
be subject to a fine no less than 25.00, and no more than 100.00, pending
further investigation. Also having any type of 'proxy' including nph-proxy 'Cgi-Proxy'
or proxy scripts in your directory subjects you to a 50.00 fine. BW Hosting
reserves the right to terminate an account for these activities also.
You are prohibited from excessive consumption of resources, including CPU
time, memory, disk space and session time. You may not use
resource-intensive programs which negatively impact other customers or the
performances of BW Hosting systems or networks. BW Hosting reserves the
right to terminate or limit such activities.
REPORTING VIOLATIONS OF BW Hosting AUP
BW Hosting requests that anyone who believes that there is a violation of
this AUP direct the information to the Abuse Department at abuse@BW
Hosting.com
If available, please provide the following information:
The IP address used to commit the alleged violation
The date and time of the alleged violation, including the time zone or
offset from GMT
Evidence of the alleged violation
E-mail with full header information provides all of the above, as do system
log files. Other situations will require different methods of providing the
above information. BW Hosting may take any one or more of the following
actions in response to complaints:
Issue written or verbal warnings
Suspend the Member's forum posting privileges
Suspend the Member's account
Terminate the Member's account
Bill the Member for administrative costs
and/or re-activation charges
Bring legal action to enjoin violations and/or to collect damages, if any,
cause by violations
REVISIONS TO THIS ACCEPTABLE USE POLICY
BW Hosting reserves the right to revise, amend, or modify this AUP, our TOS
(Terms of Service) and our other policies and agreements at any time and in
any manner. Notice of any revision, amendment, or modification will be
posted in accordance with our TOS (Terms of Service) |
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