Acceptable Use Policy (AUP)
By using ITWEBSERVERHOST’s (“ITWEBSERVERHOST”, “our”, “us” or “we”) products and services, you (“you”, “your”, “Client” or “Customer”) agree to comply with our policies.
WE EXPRESSLY DISCLAIM ANY LIABILITY FOR THE DATA AND CONTENT TRANSMITTED THROUGH OR TEMPORARILY OR PERMANENTLY STORED ON OUR NETWORK OR ANY SERVER AND FOR THE ACTIONS OR OMISSION OF USERS.
ITwebServerHost is dedicated to providing top quality service at a very affordable price. The conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical responsibilities.
Failure to follow any condition will be grounds for immediate account deactivation without notice. ITwebServerHost will be the sole arbiter as to what constitutes a violation of any of these provisions.
Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension.
To report suspected abuses or any violations of these policies, please contact management.
All users must comply with all relevant legislation and regulations on bulk and commercial e-mail, including but not limited to the CAN-SPAM Act of 2003.
Users may not send mass unsolicited e-mail, which is email that is sent to recipients who have not “opted-in” to mailings from the user. Users who send mass mailings must maintain complete and accurate records of all consents and opt-ins and provide such records to ITWEBSERVERHOST upon its request. If a user cannot provide positive and verifiable proof of such consents and opt-ins, we will consider the mass mailing to be unsolicited. Users are prohibited from operating mailing lists, listservs, or mailing services that do not target an audience that has voluntarily signed up for e-mail information using an “opt-in” process or that has made their e-mail addresses available to a user for distribution of information. Users who operate mailing lists must maintain complete and accurate records of all consents and “opt-in” elections and provide such records to ITWEBSERVERHOST upon its request. If a user cannot provide positive and verifiable proof of such consents and “opt-in” elections, we will consider the list mailing to be unsolicited. Any user-maintained mailing list must also allow any party on the list to remove itself automatically and permanently. Other prohibited activities include, without limitation, the following:
use of our network for the receipt of replies to unsolicited mass e-mail;
forgery of e-mail headers (spoofing);
spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software;
configuration of a mail server to accept and process third-party messages for sending without user identification and authentication;
hosting web pages advertised within “spam e-mail” sent from another network (spamvertising);
hosting web pages or providing services that support spam;
any other unsolicited bulk messages, postings, or transmissions through media such as weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-up messages, instant messages, or SMS messages; and
instructing others in any activity prohibited by this AUP.
If, as a result of your actions, our mail servers or IP address ranges are placed on black hole lists or other mail filtering software systems, your VPS may be suspended and possibly terminated upon review. If we deem your account at risk for repeated AUP infractions, we may suspend and/or terminate all VPSs on it.
ITwebServerHost servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. Any type of forum/discussion board discussing where to obtain such files or one that distributes the files is also prohibited. The subscriber to ITwebServerHost service agrees to indemnify and hold harmless ITwebServerHost from any claims resulting from the use of the service that damages the subscriber or any other party. ITwebServerHost will be the sole arbiter as to what constitutes a violation of this provision.
Our products and services may be used only for lawful purposes. Transmission of, distribution of, storage of, or linking to any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property rights used without proper authorization, and material that is defamatory, constitutes an illegal threat, violates export control laws, or is otherwise prohibited by US law.
we do not allow background Daemons such as BitchX;eggdrop;IRC bots; XiRCON; and any other program that interferes with normal server operation. warez ,Web proxies is not allowed. .This includes NPH-Proxy, and web proxy. If your account is found to hold any proxy files, it will be suspended and the account holder will be issued a fee of 3500 INR. When using an account with shell, you are not allowed to run ANY servers or services on the ITwebServerHost network. Servers are defined as perlbots, proxies, BitchX, psyBnc, root exploits, DDoS scripts, Shoutcast servers, etc. Running any of these will face an immediate suspension, and users will be subject to a fine no less than 3500 INR USD, and no more 6500 INR . ITwebServerHost reserves the right to terminate an account for these activities also.
ITwebServerHost’s web hosting accounts are not to be used for the purposes of distributing software and multimedia products. If you wish to distribute software and/or multimedia files, please contact our sales for special arrangement.
File Usage and Storage
ITwebServerHost web hosting accounts are not to be used for the purposes of distributing and/or storing an unusual amount of files. We are a web hosting service not a remote file storage service. Any web site whose disk space usage for storing the files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of files. At that point, if we find that those files are illegal or harmful in any way, you will be notified. If you do not have any negative intentions such as causing harm to our server or to others with the files you keep, then you have nothing to worry about.
ITwebServerHost does not provide nor allow chat rooms on shared hosting enviroments. You may elect for a dedicated server to run a chat room efficiently.
ITwebServerHost does not allow IRC or IRC bots to be operated on our shared or reseller servers. They are allowed on dedicated servers provided that no negative effects occur to our network.
Users are prohibited from violating or attempting to violate the security of the ITwebServerHost Network. Violations of system or network security may result in civil or criminal liability. ITwebServerHost will investigate occurrences, which may involve cooperation with law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
1) Accessing data not intended for such user or logging into a server or account, which such user is not authorized to access,
2) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,
3) Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”,
4) Forging any TCP/IP packet header or any part of the header information in any e-mail or forum posting,
5) Taking any action in order to obtain services to which such User is not entitled,
6) Attempting to couple many hosting packages together to take advantage of massive space or bandwidth allocations,
Each hosting package purchased is unique to a do main name and use – you are not allowed to purchase multiple plans to obtain combined bandwidth & space. ITwebServerHost will stop such transactions and label them as deceptive. We have an upgrade path for all services and we can often times work out special deals for users if they ask us for the assistance.
Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Any attempts to undermine or cause harm to a ITwebServerHost server or customer of ITwebServerHost is strictly prohibited. Any sub-networks of ITwebServerHost and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.
Free Hosting Sites
We don’t allow our users to run Free Hosting sites.
The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of ITwebServerHost ’s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of ITwebServerHost to provide this knowledge or support outside matter specific to ITwebServerHost servers.
ITwebServerHost takes extreme steps to maintain system integrity. However, ITwebServerHost shall not be held responsible for loss of data due to any cause. To ensure the highest level of data protection, ITwebServerHost recommends that ALL information be backed up on your own computer. As with any data that you hold a high importance to, it should be in more than one location at all times. All ITwebServerHost data backups are designed against hardware failure not customer user error.
Our unlimited package is unlimited thought we impose some restriction on it .On our unlimited package you can not host video files and it must not exceed the 10% of our total space or resources.
The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. ITwebServerHost will be the sole arbiter as to what constitutes a violation of the AUP. ITwebServerHost reserves the right to remove any account without prior notice.
When ITwebServerHost becomes aware of an alleged violation of its AUP, ITwebServerHost will initiate an investigation. During the investigation, ITwebServerHost may restrict a customer’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, ITwebServerHost may, at its sole discretion, restrict, suspend, or terminate a customer’s web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, ITwebServerHost will notify the appropriate law enforcement authorities of such violation.
ITwebServerHost does not issue credits for outages incurred through service disablement resulting from AUP violations.
ITwebServerHost customers agree to indemnify and hold harmless ITwebServerHost from any claims resulting from the use of our services that damages them or any other party. The ITwebServerHost service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. ITwebServerHost expressly disclaims any representation or warranty that the ITwebServerHost service will be error-free, secure or uninterrupted. No oral advice or written information given by ITwebServerHost, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. ITwebServerHost and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
ITwebServerHost reserves the right to add, delete, or modify any provision of this policy at any time without notice.
Refusal of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion. An example of refusal of service is if an account continues to abuse our policies after warnings. Refusal, cancellation or suspension of services especially holds true to issues with spam or any script abuse. Another example of refusal of service is if a customer becomes very unreasonable, unprofessional, extremely difficult to work with or threatening. Said customer’s account will be suspended and we will recommend to the customer to find a new host. A backup of the account(s) will be provided.
Resource Abuse Policy (RAP)
Any website on our shared servers that uses a high amount of server resources (CPU, memory usage, and network resources) will be given an option to pay for a dedicated server. The abuse and misuse of system resources is a serious problem, and ITwebServerHost does not tolerate it. Accounts on a shared server must be shared with other users, so we must limit how much of the CPU and memory that can be used by any one account.
In all fairness, we cannot allow one or two clients to use all of the system resources on a shared machine and have all other clients suffer because of it. Excessive CPU & memory usage by one or more clients causes extreme slowness in all areas: MySQL, Email, HTTP and more. If the CPU & memory usage by a few clients gets out of hand, all sites hosted on the machine will return errors and not be accessible in any way.
AVERAGE SERVER RESOURCE LIMITS
Memory usage may not exceed 10% per domain/file/application
CPU usage may not exceed 20% per domain/file/application
Apache connections may not exceed 30 connections
15 MySQL maximum user connections allowed
50 emails per hour, per domain
There are special exceptions to these rules to be determined at the time we discover abuse. There are different combinations of usage that can create problems and other special cases. At any given time a server is unstable and an account is found to be the cause, we reserve the right to suspend the account to keep the server online and operating normally. If the usage is an increasing trend, we recommend the user invest in a dedicated server so the website can grow at a normal rate without restriction.
VPS(Virtual Private Server) AUP
HARDWARE RESOURCE USAGE
Client can not use full CPU core (1.0 CPU load) or more for long perioid of time.Long period of time mean one hour, totally depends on the current load on our server.we can not allow this happen because we never let others to hammper other client performance on the server.Regradless of the time lapse Cpu uses in that distruptive manner may result in shutdown, reboot, or/and supension of the vps.
Our network are configured in such that DDoS attacks can be tolerated simply routed the ip to null.Clients who are targeted with frequent attacks will have to purchase our optional DDoS filtering else their account will be terminated.In addition port scanning or UDP floods to be sent from our network is not allowed .If your vps is found distrubing speed of other network you will be notified via email to reduce the load.
COMMONLY QUESTIONED USES
The following are acceptable uses provided they comply with the rest of this AUP:
Torrents (Only allowed in US locations – must be limited to 20Mbps total)
+Game servers are only allowed .
STRICTLY PROHIBITED USES
Imidiate termination on finding followings
TOR exit nodes
Denial of Service (DoS) attacks
Virtual currency (*coin) mining
Fake/Replica product websites
HitLeap or any artificial traffic creation
iBusinessPromoter or similar software
Chinese private game servers or websites
World Community Grid
Using our IP addresses (IPv4 and IPv6) to evade IRC bans is also strictly prohibited.
Running any of the above items behind a DDoS-filtered IP is still a violation of the AUP.
Violations of our system or network security are prohibited, and may result in criminal and civil liability. Our servers and networks may not be used for:
introducing or executing malicious programs into any network or server, such as viruses, worms, Trojan Horses, and key loggers;
causing or initiating security breaches or disruptions of network communication and/or connectivity, including port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information;
executing any form of network activity that will intercept data not intended for your server;
evading or circumventing user authentication or security of any host, network or account, including cracking, brute-force, or dictionary attacks;
interfering with or denying service to any user, host, or network, such as a denial of service attack or distributed denial of service attack;
conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including the forging of packet headers or other identification information;
soliciting the performance of any illegal activity, even if the activity is not performed; or
using any program, or sending messages of any kind, designed to interfere with or disable a user’s terminal session.
The preceding list is an example and not an exhaustive list of prohibited activity.