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Hosting Acceptable Use Policy (AUP)
This
Vivio Technologies Acceptable Use Policy ("AUP") describes
the proper kinds of conduct and prohibited uses of Vivio Technologies's
hosting services (the "Services"). This AUP is not exhaustive
and Vivio Technologies reserves the right to modify this AUP
at any time, effective upon posting of the modified AUP at
http://www.viviotech.net/hosting_aup.cfm.
By registering for and using the Services, and thereby accepting
the terms and conditions of this AUP, you agree to abide by
these conditions as modified from time to time. Any violation
of the AUP may result in the suspension or termination of
your account or such other action as Vivio Technologies deems
appropriate.
Server Abuse
Any
attempt to undermine or cause harm to a server, or customer,
of Vivio Technologies is strictly prohibited.
Unauthorized
use of other people's accounts or computers is strictly
prohibited. Vivio Technologies will strongly react to any
use or attempted use of an Internet account or computer
without the owner's authorization. Such attempts include
"Internet scamming" (tricking other people into releasing
their passwords), password robbery, security hole scanning
etc.
Any
unauthorized use of accounts or computers by a Vivio Technologies
customer, whether or not the attacked account or computer
belongs to Vivio Technologies, will result in action against
the attacker. Possible actions include warnings, account
suspension or cancellation, and civil or criminal legal
action, depending on the seriousness of the attack.
IMPORTANT
NOTE - Vivio Technologies has the right to discontinue
service, or deny access to anyone who violates our Policies
or the terms and conditions shown below WITHOUT WARNING
OR PRIOR NOTICE. No refunds or fees paid will be made if
account termination is due to violation of the terms outlined
in this AUP.
Customers
may not run IRC, bots or clients on shared servers. Unacceptable
uses also include, but are NOT limited to: Bulk emailing,
unsolicited emailings, newsgroup spamming, pornographic
content, adult content, illegal content, copyright infringement,
trademark infringement, warez, cracks, software serial numbers,
and/or anything else determined by Vivio Technologies to
be unacceptable use of Vivio Technologies's services including
abuse of server resources.
All
hosting accounts may be terminated that include the following
content or which have links to the following content:
- Providing
material that is grossly offensive to the Web community
including blatant expressions of bigotry, racism or hatred.
- Promoting
or providing instructional information about illegal activities,
or promoting physical harm or injury against any group
or individual.
- Displaying
material that exploits children under 18 years of age.
- Acts
of copyright infringement including offering pirated computer
programs or links to such programs, information used to
circumvent manufacturer-installed copy-protect devices,
including serial or registration numbers for software
programs, or any type of cracker utilities.
- Exporting
encryption software over the Internet or otherwise, to
points outside the United States.
- Distributing
information regarding the creation of and sending Internet
viruses, worms, Trojan horses, pinging, flooding, mailbombing,
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.
- 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, mailbombing,
denial of service attacks, and piracy of software. Any
account that is deactivated by the abuse team will be
charged the following reactivation fees:
1st offense - $25.00
2nd offense - $100.00
3rd offense - $500.00 + Account termination
This fee will only be waived if it is determined by the
abuse team that the account was disabled without cause.
Unsolicited Email (Spam)
Unsolicited commercial advertisements (spam) are not allowed
in e-mail, and will likely result in account cancellation.
Vivio Technologies takes a zero-tolerance approach to spam
originating from our servers or for spam advertising of domains
hosted on our servers.
The following activities are not allowed:
-
Unsolicited bulk or commercial messages ("spam"). This
includes, but is not limited to, bulk mailing of commercial
advertising, informational announcements, charity requests,
petitions for signatures, and political or religious tracts.
Such messages may only be sent to those who have explicitly
requested it from your domain.
-
Forging, altering or removing electronic mail headers
is prohibited. Any domain sending stealth spam will be
terminated without warning and without refund.
-
Sending numerous copies of the same or substantially similar
message with the intent to disrupt a server or account
("mail bombing").
-
Spamming Newsgroups: Commercial advertisements are unwelcome
in most Usenet discussion groups and on most e-mail mailing
lists. Inappropriate posting may result in account cancellation.
See the newsgroup or mailing list's charter for whether
advertising is allowed or not. "Spamming," or sending
a message to many different off-topic newsgroups, is particularly
unethical and will be treated as such.
-
Mail may not be used to harass or intimidate others. Harassment,
whether through language, frequency of messages, or size
of messages, is prohibited. Sending a single unwelcome
message may be considered harassment. If a recipient asks
to stop receiving e-mail, you must not send that person
any further messages.
-
Providing spamware (software used to send bulk email or
software used to harvest email addresses) or links to
sites providing spamware is strictly prohibited and subject
to demand for removal or account cancellation.
Note: If you use the services of another provider (including
but not limited to the use of address lists obtained from
a third party vendor or provider) to promote a web site
hosted by or through Vivio Technologies (spamvertising),
then the provisions of the above Policy shall apply as if
the spam were sent through our servers.
Penalty: Depending on the severity of your SPAMMING, Vivio
Technologies reserves the right to charge you between $1.00
- $100.00 PER SPAM sent through our network. Your web site
content will also be confiscated and it will be NEVER returned
to you.
CGI Scripts
(This section does not apply to Dedicated Servers.)
Most shared Linux web hosting accounts come with their own
cgi-bin, in which you are free to use any* CGI scripts you
wish. All CGI scripts (Perl scripts with a .pl or .cgi extension)
intended for use on shared Windows 2003 web hosting accounts
are subject to approval by our NT Administrators.
*See the Server Resource Abuse section.
Server Resource Abuse
(This section does not apply to Dedicated Servers)
Shared server accounts are limited in use of the amount
of server resources. Shared server resource abuse includes
any process or service usage that affects normal shared
server operation, resources or connectivity, and which causes
a server to become overloaded. Shared server resources include
CPU and memory usage, number of concurrent processes, number
of concurrent port or database connections and total bandwidth.
Possible causes of server resource abuse include, but are
not limited to, the use of: CGI, Perl, Sendmail, mySQL,
MSSQL, PHP, ASP, COLDFUSION, Blue Dragon, HTTP, SMTP, POP3
and FTP. If server resource abuse is detected, possible
actions include, but are not limited to: disabling of the
offending script or scripts, disabling of the specific service,
disabling of the entire account or account cancellation.
If server overload is a result of server resource abuse,
these actions will be taken without prior notice or warning.
Adult Content
Adult content, pornography and sex-related merchandising are prohibited
within the Vivio Technologies Network. This includes sites that may infer
sexual content or link to adult content elsewhere.
Because the Internet is a global communication tool, it is difficult to
dictate what is considered "adult content." It is not our function to
discriminate against those who choose to utilize adult content or adult
related material. However, Vivio Technologies has chosen to enforce its
���no adult sites/products��� policy.
What is Adult Content?
- Sexually explicit pictures, writing, or other material/products
whose primary purpose is to cause sexual arousal.
- Sexually explicit pictures, writing or any material/products
that involves children (anyone under the age of 18) is strictly
prohibited.
- Photos, videos or animated depiction showing nudity in women or
men for non-scientific or non-artistic purposes.
- Any site whose revenue is gained all or in part from its adult
content or products.
- Revenue-generating hyperlinks to sites that violate any part of
descriptions 1-4.
Vivio Technologies reserves the right to decide what it considers
"adult content", "adult material", "sexually explicit", or
"sexually related".
Child Pornography
Our policy on child pornography is zero tolerance. Vivio
Technologies will cooperate fully with any criminal investigation
into a Customer's violation of the Child Protection Act
of 1984 concerning child pornography. Customers are ultimately
responsible for the actions of their clients over the Vivio
Technologies network, and will be liable for illegal material
posted by their clients.
According to the Child Protection Act, child pornography
includes photographs, films, video or any other type of
visual presentation that shows a person who is or is depicted
as being under the age of eighteen years and is engaged
in or is depicted as engaged in explicit sexual activity,
or the dominant characteristic of which is the depiction,
for a sexual purpose, of a sexual organ or the anal region
of a person under the age of eighteen years or any written
material or visual representation that advocates or counsels
sexual activity with a person under the age of eighteen
years.
Violations of the Child Protection Act may be reported to
the U.S. Customs Agency at 1-800-BEALERT
Chat Rooms
(This section does not apply to Dedicated or VPS Servers.)
We do not allow clients to install their own chat rooms
within a shared hosting account, without approving it with
the Vivio Technologies Support Team. Most chat rooms tend
to be large system hogs and we cannot allow it as an account
option.
Abuse of SMTP Mail Server
(This section does not apply to Dedicated or VPS Servers.)
We do not allow clients to send more than 2000 pieces of
e-mail per day from a shared hosting account. If you do
send more than 2000 pieces of e-mail per day, your account
will be placed on hold for Network Abuse. If you are sending
legitimate e-mails and they total more than 2000 per day
your account will be be charged $50.00/month in addition
to your regular hosting charges to compensate Vivio Technologies
for any unforseen costs resulting from the large amount
of email sent through your account.
Background Running Programs
(This section does not apply to Dedicated Servers)
We may allow programs to run continually in the background.
These are considered on a one-to-one basis and an extra
charge will be incurred based on system resources used and
operational maintenance needed.
IRC
Any kind of IRC clients or IRC bots are strictly forbidden.
We understand that occasionally there are acceptable uses
for these services but due to the frequescy at which these
services are abused, we simply cannot afford to allow them.
Anyone found to be in violation of this policy risks immediate
account termination.
Excessive Use/Overages
You will not exceed the bandwidth, storage and E-mail usage
limits outlined by your particular web hosting package.
In the case of unmetered bandwidth, Vivio Technologies may,
at it's sole discretion, elect to re-negotiate bandwidth
terms if we determine unmetered bandwidth usage to be extraordinary.
If you use any bandwidth or storage space in excess of the
agreed upon number of megabytes per month or if you exceed
E-Mail storage and attachment size limitations, Vivio Technologies
may, in its sole discretion, assess you with additional
charges. If Vivio Technologies elects to take any corrective
action, Vivio Technologies will not refund any unused pre-paid
fees. Your use of your account and access to it is your
responsibility. You are responsible for any unauthorized
access to your account resulting in bandwidth, storage and/or
E-mail usage exceeding the limits outlined in your particular
web hosting package specifications and resultant charges.
Bandwidth overages are currently billed at $0.01/MB/month.
Disk space overages are currently billed at $.75/MB/month.
Payment Policies
Vivio Technologies requires payment terms of Net 10, unless
otherwise agreed upon. Accounts not brought current and are
past-due 30 days will be assessed a 1.5% finance charge, with
a minimum charge of $3.00.
The Annual Percentage Rate for past-due accounts is 18%.
Setup fees are non-refundable. All pricing is guaranteed for
any term of pre-payment. Vivio Technologies reserves the right
to change prices at any time, unless other terms have been
agreed upon. The customer is responsible for all money owed on
the account from the time it was established to the time that
the customer notifies Vivio Technologies to request for termination
of services. All payment is in U.S. currency. Vivio Technologies
will bill each client $60.00 per returned check and per credit
card chargeback received.
Cancellation
Vivio Technologies reserves the right to cancel service
at any time. All fees paid in advance of cancellation will
be pro-rated and paid by Vivio Technologies if Vivio Technologies
institutes its right of cancellation. Any violation of policies
which results in extra costs will be billed to the customer
(i.e. transfer, space etc.)
Liability and Obligations on Cancellation
If the Agreement expires or is cancelled for any reason,
Vivio Technologies is not liable to you because of the expiration
or cancellation for compensation, reimbursement or damages
on account of the loss of prospective profits, anticipated
sales, goodwill or on account of expenditures, investments,
leases or commitments in connection with your business,
or for any other reason whatsoever flowing from the termination
or expiration. If you terminate this Agreement, Vivio Technologies
will not relieve you of any obligations to pay fees and
costs accrued before the termination date or any other amounts
you owe to Vivio Technologies under this Agreement.
IP Address Overlap
Vivio Technologies administers the network on which customer
servers reside. The customer cannot use IP addresses which
were not assigned to them by Vivio Technologies staff. Any
server found using IPs which were not officially assigned
will be suspended from network access until such time as
the IP addresses overlap can be corrected.
Material and Product Requirements
You must ensure that all material and data placed on Vivio
Technologies's equipment is in a condition that is "server-ready,"
which is in a form requiring no additional manipulation
by Vivio Technologies. Vivio Technologies will make no effort
to validate any of this information for content, correctness
or usability. If your material is not "server-ready", Vivio
Technologies may reject this material. Vivio Technologies
will notify you of its refusal of the material and afford
you the opportunity to modify the material to satisfy Vivio
Technologies's requirements. Use of the Services 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 your Web site.
You must have the necessary knowledge to create and maintain
a Web site. Vivio Technologies does not provide this knowledge
or customer support outside of the Services.
Intellectual Property Rights
Material accessible to you through Vivio Technologies's
services may be subject to protection under the United States
or other copyright laws, or laws protecting trademarks,
trade secrets or proprietary information. Except when expressly
permitted by the owner of such rights, you must not use
Vivio Technologies or its servers and network in a manner
that would infringe, violate, dilute or misappropriate any
such rights, with respect to any material, which you access
or receive through the Vivio Technologies network. If you
use a domain name in connection with Vivio Technologies
or similar service, you must not use that domain name in
violation of any trademark, service mark, or similar rights
of any third party.
Network Security
Customers may not use the Vivio Technologies network with
an 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 the customer,
logging into a server or account the customer is not expressly
authorized to access, password cracking, probing the security
of other networks in search of weakness, or violation of
any other organization's security policy. Customers may
not attempt to interfere or deny service to any user, host,
or network. This includes, but is not limited to, flooding,
mail bombing, or other deliberate attempts to overload or
crash a host or network. Vivio Technologies 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. Users who violate system or network
security may incur criminal or civil liability. You are
solely responsible for any security breaches affecting servers
or accounts under your control. If your server or website
is responsible for or involved in an attack on or unauthorized
access into another server or system, Vivio Technologies
will shut it down immediately. You will pay any charges
resulting from the cost to correct security breaches affecting
Vivio Technologies or any of its other customers.
Electronic Commerce
You will be solely responsible for the development, operation
and maintenance of your online store and products and all
contents and materials appearing online or on your products,
including without limitation (a) the accuracy and appropriateness
of content and materials appearing within the store or related
to your products, (b) ensuring that the content and materials
appearing within the store or related to your products do
not violate or infringe upon the rights of any third party,
and (c) ensuring that the content and materials appearing
within the store or related to your products are not libelous
or otherwise illegal. You will be solely responsible for
the final calculation and application of shipping and sales
tax. You will also be solely responsible for accepting,
processing, and filling any customer orders, and for handling
any customer inquiries or complaints arising there from.
You are also responsible for the security of any customer
credit card numbers and related customer information you
may access as a result of conducting electronic commerce
transactions through your Web Site. You will keep all such
information confidential and will use the same degree of
care and security as you use with your confidential information.
Static / Dynamic Content Caching
You expressly (i) grant to Vivio Technologies a license
to cache the entirety of your Web Site, including content
supplied by third parties, hosted by Vivio Technologies
under this Agreement and (ii) agree that such caching is
not an infringement of any of your intellectual property
rights or any third party's intellectual property rights.
IP Address Ownership
Vivio Technologies shall maintain and control ownership
of all IP numbers and addresses that may be assigned to
you by Vivio Technologies and Vivio Technologies reserves,
in its sole discretion, the right to change or remove any
and all such IP numbers and addresses.
Domain Name Registration
Customer agrees to pay Vivio Technologies prior to the effectiveness
of the desired domain name registration, the then-current
amounts set forth in the Vivio Technologies price schedule
for the initial registration of the domain name and, should
Customer choose to renew the registration, subsequent renewals
of the registration. All fees are non-refundable, in whole
or in part, even if Customer's domain name registration
is suspended, cancelled or transferred prior to the end
of Customer's then current registration term. Vivio Technologies
reserves the right to change fees, surcharges, renewal fees
or to institute new fees at any time, for any reason, at
its sole discretion. Customer's requested domain name will
not be registered unless and until we receive actual payment
of the registration fee, and have confirmed Customer's registration
in an email from Vivio Technologies to the email address
indicated in Customer's registration application. In the
event of a charge-back by a credit card company (or similar
action by another payment provider allowed by Vivio Technologies)
in connection with the payments of the registration fee
for Customer's domain name registration, Customer agrees
and acknowledges that the domain name registration shall
be transferred to Vivio Technologies as the paying entity
for that registration to the registry and that we reserve
all rights regarding such domain name including, without
limitation, the right to make the domain name available
to other parties for purchase. Vivio Technologies will reinstate
Customer's domain name registration solely at Vivio Technologies's
discretion, and subject to our receipt of the initial registration
or renewal fee and our then-current reinstatement fee.
Copyright Infringement
DIGITAL MILLENNIUM COPYRIGHT ACT
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2),
all notifications of claimed copyright infringement on the
Vivio Technologies system or Web site should be sent ONLY
to our Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING
Vivio Technologies THAT YOUR COPYRIGHTED MATERIAL MAY HAVE
BEEN INFRINGED.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY
MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY
BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY
DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US,
BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE
THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION.
YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT
(e.g. REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE,
REPORTS OF E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW.
YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
Written notification must be submitted to the following
Designated Agent:
Vivio Technologies
Legal Department
POB 345
Walla Walla, WA
99362
abuse@viviotech.net
Under Title 17, United States Code, Section 512(c)(3)(A),
the Notification of Claimed Infringement must include the
following:
1. Physical or electronic signature of a person authorized
to act on behalf of the copyright owner.
2. Identification of the copyrighted work claimed to have
been infringed or a representative list if multiple works
are involved.
3. Identification of the material that is claimed to be
infringing that should be removed or access to disabled
and information reasonably sufficient to enable the online
service provider to locate the material (usually a URL to
the relevant page).
4. Information reasonably sufficient to allow the online
service provider to contact the complaining party (address,
phone number, e-mail address).
5. Statement that the complaining party has "a good faith
belief that use of the material in the manner complained
of is not authorized by the copyright owner, its agent or
the law."
6. Statement that the information in the notice is accurate,
and under penalty of perjury, that the complaining party
is authorized to act on behalf of the copyright owner.
Lawful Purpose
Vivio Technologies reserves the right to refuse service
to anyone. Customers may only use Vivio Technologies server
for lawful purpose. Transmission of any material in violation
of any Federal, State or Local regulation is prohibited.
This includes, but is not limited to copyrighted material,
material legally judged to be threatening or obscene, and
material protected by trade secrets. The designation of
any materials as such described above is left entirely to
the discretion of Vivio Technologies management. Regardless
of the place of signing this agreement, the client agrees
that for purposes of venue and jurisdiction this contract
was entered into and performed in Walla Walla County, Washington,
and any dispute will be litigated or arbitrated in Walla
Walla County, Washington. Customer further waives all objections
to venue or jurisdiction and acknowledges that venue and
jurisdiction in any such litigation will be held in Walla
Walla County Courts. IN NO EVENT SHALL Vivio Technologies's
MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE
AND HOLD Vivio Technologies HARMLESS FROM ANY AND ALL DEMANDS,
LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE
ATTORNEY'S FEES ASSERTED AGAINST Vivio Technologies, ITS
AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLO YEES, THAT MAY
ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR
AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER,
IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND,
INDEMNIFY AND HOLD HARMLESS Vivio Technologies AGAINST LIABILITIES
ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED
BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION
WITH Vivio Technologies'S SERVER; (2) ANY MATERIAL SUPPLIED
BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY
RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND
(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM Vivio Technologies'S
SERVER.
Disclaimer
Vivio Technologies WILL NOT BE RESPONSIBLE FOR ANY DAMAGES
YOUR BUSINESS MAY SUFFER. Vivio Technologies MAKES NO WARRANTIES
OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE.
Vivio Technologies DISCLAIMS ANY WARRANTY OR MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS
OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY,
AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY Vivio Technologies
AND ITS EMPLOYEES. Vivio Technologies RESERVES THE RIGHT
TO REVISE ITS POLICIES AT ANY TIME.
ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF
Vivio Technologies MUST ADHERE TO THE ABOVE POLICIES.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS
FOR IMMEDIATE ACCOUNT DEACTIVATION.
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