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Effective Date : May 2008
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Use of any OpalHost service constitutes acceptance and
agreement to OpalHost's Acceptable Use Policy (AUP) as
well as OpalHost's Terms of Service (TOS).
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, we may
remove any materials that, in our sole discretion, may
be illegal, may subject us to liability, or which may
violate this AUP. OpalHost 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 fast cheap web hosting
account or other actions as detailed further WITHOUT PRIOR NOTICE.
This document is intended to provide a basic
understanding of OpalHost's Acceptable Use Policy. The
following are guidelines for the establishment and
enforcement of OpalHost'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
OpalHost intends to provide its customers access to
everything the Internet has to offer. While the
OpalHost is firmly committed to the principles of free
speech, certain activities that may be damaging to
the resources of both the OpalHost and the Internet and
cannot be permitted under the guise of free speech.
The resources of the OpalHost 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 our services to publish material, which
OpalHost 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 an account is used to violate our AUP or 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 AUP will result in an
immediate termination of the 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.
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VIOLATIONS OF ACCEPTABLE USE POLICY |
The following constitute violations of this AUP:
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Illegal use
: OpalHost's services may not be used for illegal
purposes, or in support of illegal activities. OpalHost
reserves the right to cooperate with legal authorities
and/or injured third parties in the investigation of any
suspected crime or civil wrongdoing.
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Harm to minors
: Use of the OpalHost service to harm, or attempt to harm,
minors in any way, including, but not limited
to child pornography.
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Threats
: Use of the OpalHost service to transmit
any material (by e-mail, uploading, posting or
otherwise) that threatens or encourages bodily harm
or destruction of property.
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Harassment
: Use of the OpalHost service to transmit any material (by
e-mail, uploading, posting or otherwise) that
harasses another.
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Fraudulent activity
: Use of OpalHost service to make fraudulent offers to
sell or buy products, items, or services, or to
advance any type of financial scam such as
HYIP (High Yield Investment Programs), "pyramid schemes",
"ponzi schemes", and "chain letters".
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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.
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Unsolicited commercial e-mail / Unsolicited bulk
e-mail (SPAM)
: Use of the OpalHost 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 OpalHost
account.
IMPORTANT NOTICE:
Any website/account that is found to
support spammers or cause any of our IP
space to be listed in any of the various Spam
Databases will have their account IMMEDIATELY
removed from our network. The account will not be
reconnected until such time that you agree to
remove ANY and ALL traces of the
offending material immediately upon
reconnection and agree to allow us access to the
account to confirm that all material has been
COMPLETELY removed. Severe violations may
result in an IMMEDIATE and PERMANENT removal of the
account from our network without prior notice.
Any account guilty of a second violation
WILL be IMMEDIATELY and PERMANENTLY removed
from our network without prior notice.
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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 account.
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E-mail / message forging
: Forging any message header, in part or whole, of any electronic
transmission, originating or passing through the
OpalHost service violates this AUP.
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Usenet spamming
: OpalHost has a zero tolerance policy for the use of its
network for the posting of messages or commercial
advertisements, which violate the rules, regulations, FAQ or
charter of any newsgroups or mailing list. Commercial messages that
are appropriate under the rules of a newsgroup or
mailing list or that are solicited by the
recipients are permitted.
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Unauthorized access
: Use of the OpalHost service to access, or to attempt
to access, the accounts of others, or to penetrate,
or attempt to penetrate, security measures of
OpalHost's 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
account is subject to the immediate termination.
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Copyright or trademark infringement
: Use of the OpalHost 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.
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Collection of personal data
: Use of the OpalHost service to collect, or
attempt to collect, personal information about
third parties without their knowledge or consent.
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Network disruptions and unfriendly activity:
Use of the OpalHost service for any activity which
affects the ability of other people or systems to
use OpalHost 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. OpalHost 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.
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Fraud: Involves a knowing misrepresentation
or misleading statement, writing or activity made
with the intent that the person receiving it will
act upon it.
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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.
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Distribution of Viruses
: Intentional distribution 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.
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Inappropriate Use of Software
: Use of software or any device that would facilitate a
disruption in the OpalHost network.
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Third Party Accountability
: OpalHost subscribers will be held responsible and
accountable for any activity by third parties,
using their account, that violates AUP.
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Pornography
: It is absolutely forbidden to host pornographic content
not limited to child pornography on any service provided by
OpalHost. Legal Adult Content is allowed.
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Internet Relay Chat
: It is absolutely forbidden to host Internet Relay Chat (IRC)
or IRC related services on OpalHost servers.
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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.
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Your password provides access to your account. It
is your responsibility to keep your password
secure.
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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.
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Attempting to obtain another user's account
password is strictly prohibited, and may result
in termination of service.
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You must adopt adequate security measures to
prevent or minimize unauthorized use of your
account.
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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.
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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. OpalHost 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.
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Network Performance |
Shared and Reseller 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.
You are prohibited from excessive consumption of
resources, including CPU processes, memory, disk
space and session time. You may not use
resource-intensive programs which negatively impact
other customers or the performances of OpalHost
systems or networks. OpalHost reserves the right to
terminate or limit such activities.
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REVISIONS TO ACCEPTABLE USE POLICY |
OpalHost reserves the right to revise, amend, or modify
this AUP or our TOS at any time and in any manner.
Notice of any revision, amendment, or modification
will be posted in accordance with our TOS. |
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