IHSystem's Acceptable Use Policy
Acceptable Use Policy
We've developed this Acceptable Use Policy (AUP) to help our Customers understand
their responsibilities when using our services. It explains our policies regarding
activities that may be harmful to our Users or compromise the efficiency of our
shared hosting environment.
We may take preventative or corrective action, at our discretion, in response to
any of the activities described in this AUP, along with any activities that contradict
the spirit of this AUP or the nature of the Internet as an open, efficient method
of communicating and conducting business.
To meet the changing needs of our Users, our business, the Internet environment
and the legal landscape, this AUP may be revised at any time and we encourage you
to review this AUP on our Web site(s) periodically.
If you feel you have discovered a violation of any area of our AUP, please report
it to:
IHSYSTEM
Legal Department
10 N Martingale Rd Suite 175
Schaumburg, IL 60173
Fax: (630) 225 8365
E-mail: abuse(at)ihsystem.com
1. General Information: As used herein, the term "User"
or "Users" shall include any and all users, Customers, subscribers, affiliates
(including without limitations Customers or non-Customers to whom IHSYSTEM provides
links or banners to promote the services or products of IHSYSTEM or any third party
the services or products of which are offered by or obtained through or in connection
with IHSYSTEM), resellers or others (i) who sign up for, use or obtain services
or products from IHSYSTEM or from any third party services or products of which
are offered by or obtained through or in connection with IHSYSTEM, or (ii) who visit
the Web site of IHSYSTEM and IHSYSTEMS or of any such third party. As a provider
of Internet/World Wide Web access, Web site hosting, and other Internet-related
services, IHSYSTEMS INC., ("IHSYSTEM") offers Users, the means to acquire
and disseminate a wealth of public, private, commercial, and non-commercial information.
IHSYSTEM respects that the Internet provides a forum for free and open discussion
and dissemination of information, however, when there are competing interests at
issue, IHSYSTEM reserves the right to take certain preventative or corrective actions.
In order to protect these competing interests, IHSYSTEM has developed this Acceptable
Use Policy ("AUP"), which supplements and explains certain terms of each
User's respective service agreement and is intended as a guide to the User's rights
and obligations when utilizing IHSYSTEM's services. This AUP will be revised from
time to time. A User's use of IHSYSTEM's services after changes to the AUP are posted
on IHSYSTEM and IHSYSTEMS's Web site, under the Terms of Service section, will constitute
the User's acceptance of any new or additional terms of the AUP that result from
those changes. 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
the Internet, both in the information they acquire and in the information they disseminate
to others. When Users or others obtain information through the Internet, they must
keep in mind that IHSYSTEM cannot and does not monitor, verify, warrant, or vouch
for the accuracy and quality of the information that users may acquire. For this
reason, the user 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 is sexually explicit or otherwise offensive. Because IHSYSTEM cannot
monitor or censor the Internet, and will not attempt to do so, IHSYSTEM cannot and
does not accept any responsibility for injury to its Users or others that results
from inaccurate, unsuitable, offensive, or illegal Internet communications. When
Users or others disseminate information through the Internet, they also must keep
in mind that IHSYSTEM does not review, edit, censor, or take responsibility for
any information its users, customers, subscribers or others may create. When Users
or others 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 they create is carried over IHSYSTEM's network and may reach
a large number of people, including both Users and subscribers and non-subscribers
of IHSYSTEM, Users' postings to the Internet may affect others and may harm IHSYSTEM's
goodwill, business reputation, and operations. For these reasons, Users violate
IHSYSTEM policy and the service agreement when they, their users, customers, subscribers,
employees, affiliates, or subsidiaries engage in activities described herein.
2. Scope. This AUP governs the usage of products and services of
IHSYSTEM or of any third party which are subscribed to or obtained through IHSYSTEM
(the "Services"). This AUP is incorporated by reference into each contract
IHSYSTEM or any such third party enters into with a User for the use of such Services.
IHSYSTEM may modify this AUP at any time without notice. In addition, this AUP is
incorporated by reference into the Terms of Service applicable to the Web site of
IHSYSTEM and IHSYSTEMS so that no person who utilizes the Web site or services of
IHSYSTEM and IHSYSTEMS (regardless of whether that person is a User) may take any
action utilizing the Web site of IHSYSTEM and IHSYSTEMS that a User would be prohibited
to take utilizing the Services.
3. Purpose. The purpose of this AUP is to enhance the quality of
the Services and to protect Users, and the Internet community as a whole, from illegal,
irresponsible, or disruptive Internet activities. This AUP applies to each User.
Each User should use common sense and good judgment in connection with the Services.
Parents or guardians should always supervise minors in using the Internet. Parents
and guardians should remain aware at all times of what is on the Internet and how
the minors under their care are using the Services and the Internet.
4. Prohibited Uses. Users may not:
a. Utilize the Services to send unsolicited bulk and/or commercial
messages over the Internet (known as "spam" or "spamming").
It is not only harmful because of its negative impact on consumer attitudes toward
IHSYSTEM, but also because it can overload IHSYSTEM's network and disrupt service
to its Users subscribers. Maintaining an open SMTP relay and IRC is prohibited.
Any direct action, configuration, or setting that causes excessive outbound e-mail
traffic is subject to review and possible action. When a complaint is received,
IHSYSTEM has the absolute and sole discretion to determine from all of the evidence
whether the e-mail recipients were from an "opt-in" e-mail list, or whether
the outbound e-mail traffic generated from an account is suitable for a shared hosting
environment.
b. Utilize the Services in connection with any illegal activity
or activity otherwise prohibited by this AUP. Without limiting the general application
of this rule, Users may not:
i. Utilize the Services for or in connection with any activities
or content determined by IHSYSTEM, in its sole discretion, to be related to gambling,
adult, obscene or pornographic materials or content, harassment, defamation, libel
and hate speech or other offensive speech or content, or for any unlawful purpose,
including without limitation, fraud, money laundering, child pornography, terrorist-related
activities, activities in violation of U.S. export or import laws, any executive
orders, or any rules, regulations or orders issued by Office of Foreign Asset Controls
("OFAC"), infringement on rights of others, trafficking in illegal drugs,
or any products or services that are prohibited under applicable law, or which IHSYSTEM
determines to be controversial or disruptive to the operations of IHSYSTEM or any
other User or third party;
ii. Utilize the Services to copy material from third parties (including
text, graphics, music, videos or other copyrightable material) without proper authorization;
iii. Utilize the Services to misappropriate or infringe the patents,
copyrights, trademarks or other intellectual property rights of any third party;
iv. Utilize the Services to export encryption software to points
outside the United States in violation of applicable export control laws;
v. Utilize the Services to Forge or misrepresent message headers,
whether in whole or in part, to mask the originator of the message; or
vi. Utilize the Services in any manner that violates applicable
law.
c. Utilize the Services in connection with any tortious or actionable
activity. Without limiting the general application of this rule, Users and Users
may not:
i. Utilize the Services to publish or disseminate information that
(A) constitutes slander, libel or defamation, (B) publicizes the personal information
or likeness of a person without that person's consent or (C) otherwise violates
the privacy rights of any person. Utilize the Services to threaten persons with
bodily harm, to make harassing or abusive statements or messages, or to solicit
the performance of acts or services that are illegal under applicable law.
ii. Utilize the Services in connection with any other disruptive,
controversial or abusive activity, as determined by IHSYSTEM in its sole discretion.
IHSYSTEM DOES NOT ALLOW IRC or INETERNET RELAY CHAT from its network. Without limiting
the general application of this rule, Users may not:
a. Utilize the Services to cause denial of service attacks against
IHSYSTEM or other network hosts or Internet users or to otherwise degrade or impair
the operation of IHSYSTEM's servers and facilities or the servers and facilities
of other network hosts or Internet users; or
b. Post messages or software programs that consume excessive CPU
time, or storage space, or network bandwidth; or
c. Utilize the Services to offer mail services, mail forwarding
capabilities, POP accounts or auto responders other than for the User's own account;
or
d. Utilize the Services to resell access to CGI scripts installed
on IHSYSTEM's servers; or
e. Utilize the Services to subvert, or assist others in subverting,
the security or integrity of any IHSYSTEM systems, facilities or equipment; or
f. Utilize the Services to gain unauthorized access to the computer
networks of IHSYSTEM or any other person; or
g. Utilize the Services to provide passwords or access codes to
persons not authorized to receive such materials by the operator of the system requiring
the password or access code; or
h. Utilize the Services to (A) forge the signature or other identifying
mark or code of any other person, (B) impersonate or assume the identity or any
other person, or (C) engage in any other activity (including "spoofing")
to attempt to deceive or mislead other persons regarding the true identity of the
User (excluding the use of anonymous re-mailers or Internet nicknames); or
i. Utilize the Services to distribute or post any virus, worm,
Trojan horse, or computer code intended to disrupt services, destroy data, destroy
or damage equipment, or disrupt the operation of the Services; or
j. Utilize the Services to conduct port scans or other invasive
procedures against any server (except any server for which the User is an authorized
system administrator); or
k. Utilize the Services to distribute, advertise or promote software
or services that have the primary purpose of encouraging or facilitating unsolicited
commercial e-mail or Spam; or
l. Utilize the Services to solicit or collect, or distribute, advertise
or promote, e-mail address lists for the purpose of encouraging or facilitating
unsolicited commercial e-mail or Spam; or
m. Utilize the Services in any manner that might subject IHSYSTEM
to unfavorable regulatory, law enforcement or other legal action, subject IHSYSTEM
to any liability for any reason, or adversely affect IHSYSTEM's public image, reputation
or goodwill, including, without limitation, sending or distributing sexually explicit,
hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined
by IHSYSTEM in its sole discretion;
n. While on a shared hosting platform, utilize, operate, enable,
execute, compile, upload or publicly store source code, executable code, programs,
or software packages designed to perform tasks not directly associated with Web
site/e-mail hosting, including, without limitation, (A) directly opening any listening
port, (B) starting any 'daemon' process, (C) performing local/remote security scans,
(D) simulating local shell/OS access by means of a tunneled/encapsulated connection
to a remote host, (E) circumventing firewall restrictions, (F) connecting to any
IRC/Peer to Peer file sharing server/network, (G) providing 'tracker' services to
'BitTorrent' clients and/or (H) exploiting web browser vulnerabilities, as determined
by IHSYSTEM in its sole discretion; or
o. Attempt to attack, disrupt, or abuse the support- and contact-related
mechanisms of IHSYSTEM, including, but not limited to, telephone lines, e-mail addresses,
fax lines, bulletin boards or contact/signup forms; or
p. Utilize the Services in any other manner to interrupt or interfere
with the Internet usage of other persons.
5. Violations:
a. Disclaimer. IHSYSTEM expressly disclaims any obligation to and
does not monitor its Users and other Users with respect to violations of this AUP.
IHSYSTEM has no liability or responsibility for the actions of any of its Users
or other Users or any content any User may post on any Web site.
b. Reporting Non-Copyright Violations. IHSYSTEM encourages Users
to report violations of this policy by e-mail to: abuse@IHSYSTEM-inc.com, including
in any such report the name of the offending domain (for example, xyz.com) and the
type of abuse (for example, Spam, illegal acts, harassment, etc.) in the "subject"
field of the e-mail.
c. Reporting Copyright Violations. IHSYSTEM complies with the Digital
Millennium Copyright Act ("DMCA"). IHSYSTEM encourages Users to report
an alleged copyright infringement involving a user by sending a notice that complies
with the DMCA which information is located under the DMCA Policy of this Web site.
d. Remedies. If IHSYSTEM learns of a violation of this AUP, IHSYSTEM
will respond to the applicable User and may, in IHSYSTEM's sole discretion, take
any or all of the following actions, with or without notice as it deems necessary
or appropriate in accordance with the severity and duration of the violation:
i. Warning the User: and/or
ii. Suspending the offending User from the Services; and/or Terminating
or cancelling, or disconnecting the offending User from, the Services; and/or
iii. Imposing fees or charges for starting from $50.00 to $200.00 for any response or correction IHSYSTEM will take on your behalf
iv. Removing the offending content; and/or
v. Taking other action in accordance with this AUP, the applicable
service contract or applicable law.
6. Reservation of Rights. IHSYSTEM reserves the right to cooperate
with and provide any and all User information and data to appropriate legal authorities
in investigations or reporting of claims of illegal activity involving IHSYSTEM's
Services. IHSYSTEM reserves all other rights to respond to violations of this AUP
to the extent of applicable law and in accordance with any applicable contractual
obligations. IHSYSTEM may utilize technical means to monitor communications into,
and out of, its network facilities to prevent the introduction of viruses or other
hostile code, to prevent intrusions and otherwise to enforce this AUP and each User
agrees that IHSYSTEM is authorized to monitor its communications through IHSYSTEM's
network for such purposes.
Cancellation Policy
Please send us 30 days notice before your renewal date, we must receive a written notice or ticket in support.ihsystem.com.
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