PowerSoloHosting Acceptable Use Policy
Revision date: 07/22/2010
As a provider of web site hosting and other Internet-related services,
PowerSoloHosting 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. PowerSoloHosting
respects that the Internet provides a forum for free and open discussion
and dissemination of information. However, when there are competing interests
at issue, PowerSoloHosting reserves the right to take certain preventive
or corrective actions. In order to protect these competing interests,
PowerSoloHosting 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 PowerSoloHosting' 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 PowerSoloHosting 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 PowerSoloHosting cannot
monitor or censor the Internet, and will not attempt to do so, PowerSoloHosting
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 PowerSoloHosting 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 PowerSoloHosting'
network and may reach a large number of people, including both subscribers
and non-subscribers of PowerSoloHosting, subscribers' postings to the Internet
may affect other subscribers and may affect PowerSoloHosting' goodwill,
business, reputation or operations. For these reasons, subscribers violate
PowerSoloHosting policy and the Service Agreement when they, their customers,
affiliates or subsidiaries engage in the following prohibited activities:
Sending unsolicited bulk and/or commercial information over the Internet.
It is not only harmful because of its negative impact on consumer attitudes
toward PowerSoloHosting, but also because it can overload PowerSoloHosting'
network and disrupt service to PowerSoloHosting' subscribers. Also,
maintaining an open SMTP relay is prohibited. When a complaint is received,
PowerSoloHosting 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 PowerSoloHosting reserves
the right to prosecute for this violation. A $1.00 charge will be assessed
PER EMAIL sent should PowerSoloHosting choose to pursue and prosecute.
Audio/Video Streaming is not hosting friendly. As such, PowerSoloHosting
does not allow any streaming of audio or video content. Offending accounts
will be suspended without noticed or terminated.
PowerSoloHosting does not allow adult content and will suspend/terminate
any offending account.
Large File Policy:
PowerSoloHosting is not for file hosting and distribution - as such,
customers may not host any files larger than 50MB in size that are observed
to be available for the sole purpose of download. Such files include but
are not limited to .ISO, audio/video files, .EXE files. If you are unsure
whether your file is against this policy, please e-mail email@example.com.
Obscene Speech or Materials:
Using PowerSoloHosting' network to advertise, transmit, store, post, display,
or otherwise make available child pornography or obscene speech or material
is prohibited. PowerSoloHosting 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 PowerSoloHosting' 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
Distribution of Internet Viruses, Worms, Trojan Horses or Other
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.
PowerSoloHosting reserves the right not to accept postings from newsgroups
where we have actual knowledge that the content of the newsgroup violates
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
Engaging in activities, whether lawful or unlawful, that PowerSoloHosting
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. PowerSoloHosting will
not, as an ordinary practice, monitor the communications of its subscribers
to ensure that the comply with PowerSoloHosting' policy or applicable law.
However, when PowerSoloHosting 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 PowerSoloHosting.
PowerSoloHosting is also aware that many of its subscribers are themselves
providers of Internet services, and that information reaching PowerSoloHosting'
facilities from those subscribers may have originated from a customer
of the subscriber or from another third party. PowerSoloHosting does not
require its subscribers who offer Internet services to monitor or censor
transmissions or web sites created by customers of its subscribers. PowerSoloHosting
reserves the right to directly take action against a customer of its subscribers.
Also, PowerSoloHosting may take action against the PowerSoloHosting' subscriber
because of activities of a customer of the subscriber, even though the
action may affect other customers of the subscriber. Similarly, PowerSoloHosting
anticipates that subscribers who offer Internet services will cooperate
with PowerSoloHosting in any corrective or preventive action that PowerSoloHosting
deems necessary. Failure to cooperate with such corrective or preventive
measures is a violation of PowerSoloHosting policy.
PowerSoloHosting 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. PowerSoloHosting
may, however, monitor its service electronically to determine that its
facilities are operating satisfactorily. Also, PowerSoloHosting 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. PowerSoloHosting 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, PowerSoloHosting may disclose subscriber information or information
transmitted over its network where necessary to protect PowerSoloHosting
and others from harm, or where such disclosure is necessary to the proper
operation of the system. However, PowerSoloHosting will never sell information
to other services or outside companies.
PowerSoloHosting 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 PowerSoloHosting policy. Finally, PowerSoloHosting wishes
to emphasize that, in signing the Service Agreement, subscribers indemnify
PowerSoloHosting for any violation of the Service Agreement, law or PowerSoloHosting
policy resulting in loss to PowerSoloHosting or the bringing of any claim
against PowerSoloHosting by any third party. This means that, if PowerSoloHosting
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 PowerSoloHosting, plus costs and reasonable attorney's fees.
We hope this AUP is helpful in clarifying the obligations of Internet
users, including PowerSoloHosting and its subscribers, as responsible
members of the Internet. Any complaints about a subscriber's violation
of this AUP should be sent to helpdesk(at)powersolohosting.com.