Winhosting:Acceptable Uses Policy
From Winhosting
Our "acceptable uses policy" exist for the collective benefit of all of our clients. We have established these rules in order to protect us from unwanted activities so that we can continue to provide our clients with the most reliable and best overall hosting services and features possible.
If after reading through our "acceptable uses policy" you need clarification on any part of the terms, please feel free to email us a note, so we can clear up any questions you have.
:: Client's Responsibilities
Customers are expected to have a basic knowledge of how to use the Internet, including all skills required to maintain their account.
Clients are responsible for frequently backing up their files on our system. WinHosting.com cannot be held responsible for the loss of users' files, whether intentional or unintentional. Nightly backup of all user files are maintained but no guarantee is made about the ability to retrieve such files.
Use of WinHosting.com services, including the storage of information, is at the account holder's sole risk. WinHosting.com does not warrant either the results to be obtained from the service or that the service will be uninterrupted or error free. WinHosting.com services are provided on an "as is" basis without warranties of any kind, either express or implied. Neither WinHosting.com nor anyone else involved in creating, producing, or delivering WinHosting.com services shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of WinHosting.com services. The provisions of this paragraph will survive termination of this agreement.
The account holder will indemnify and hold harmless WinHosting.com against any loss, damage, cost and expense which WinHosting.com may incur or become liable for by reason of claims or actions for libel, violation of privacy rights, plagiarism, copyright infringement, and claims arising in connection with data transmitted pursuant to the terms and provisions of this agreement and any claims or suits resulting from the account holder's use of the service. This includes, but is not limited to, the expense and cost of defending any and all such claims and actions, except where such claims result solely from the negligence of WinHosting.com failure to perform its obligations under this agreement. The provisions of this paragraph shall survive termination of this agreement.
Simply put, we require that you use your account for the purposes of hosting a non-adult/porno oriented, legal Web site.
:: Email/Spam Policy
Sending unsolicited email, or "spam" through our mail servers is forbidden. This includes promoting a Web site hosted with us through unsolicited email, regardless of whether or not the unsolicited email is sent through our mail servers or not. Spamming is the sending of unsolicited email, regardless of size or volume, to persons the sender does not know or have prior consent to send the message to. Using fictitious email addresses @WinHosting.com or any domain name hosted with WinHosting.com is strictly forbidden.
Spamming also includes sending unsolicited advertisements to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user. A violation of this policy extends to clients who send unsolicited email from a domain name not affiliated or hosted with WinHosting.com but the mail message makes mention of a Web site hosted with WinHosting.com.
WinHosting.com allows clients to send mailings to subscribers of their own mailing list. Such mailings must have explicit instructions to the recipient on how to remove his/her name from the list, and all requests to do so must be honored immediately. Client agrees not to send mailings to lists provided by an outside agency or individual. Client further agrees not to provide mailing list services to others. Due to the nature of a shared-server environment, WinHosting.com requests that mailing lists be sent during non-peak hours, specifically between the hours of 1:00 am and 5:00 am, U.S. Eastern Time. WinHosting.com reserves the right to terminate a client's mailing program, whether provided by WinHosting.com or not, immediately and without notification to client if said list causes a problem with the email services of other clients. WinHosting.com also reserves the right to forbid a client from utilizing any mail-sending program that jeopardizes the mail services of other clients.
Providing Spam ware or spam related programs is strictly prohibited. Additionally, clients may not have email lists available for download on sites hosted by WinHosting.
Due to the consumption of system resources and overloading of the email server, WinHosting.com forbids the use of the Gossamer Links program by any client.
Trolling, the posting of outrageous messages to generate numerous responses, is also not allowed. Mail bombing, the sending of multiple messages without significant new content to the same user and/or subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system is strictly forbidden. WinHosting.com reserves the right to determine what constitutes abuse of this policy. Clients whose accounts are found in violation of this policy may, at the discretion of WinHosting.com, have their account(s) terminated without notice.
:: Copyright
It is the responsibility of the client to ensure that all content within their account is their own work. Due to distribution rights of shareware programs, clients may not distribute freeware software programs unless the programs are their own work. Copyrighted materials include art, music and other works. MP3 is a popular file format for encoding music. While we do not ban MP3s, we do ask that any MP3s you have on your Web site are not in violation of any copyrights. Copyrighted music, in any format, cannot be placed within the client's account.<p>Clients agree to indemnify WinHosting.com of any possible litigation involving trademark or copyrighted materials. Modification of scripts provided by WinHosting.com without written permission is strictly prohibited.
:: Excessive Usage
The Client agrees to take responsibility for all programs including CGI scripts executed under their account. Programs that consume an excessive amount of CPU run time or Random Access Memory (RAM) are not permitted. Client agrees and understands that such excessive use can have an adverse effect on the performance of the Web server. Client agrees to accept responsibility for programs executed under his/her account, regardless of who authored the program. The use of cgi or html chat scripts or pages is strictly prohibited. WinHosting.com provides two (2) acceptable chat programs for clients at no charge. WinHosting.com reserves the right to suspend accounts without notice to clients who violate these terms. WinHosting.com has sole discretion over what constitutes excessive usage. Programs provided by WinHosting.com as an installable feature are not exempt from this policy.<p>Sites whose primary purpose is for file distribution or mirroring of a site are strictly prohibited.
IRC Bots, or any other automaton programs written in C, Perl or IRC-script used specifically in conjunction with IRC are not allowed. These programs tie up system resources and are in no way related to maintaining a Web site. Clients are not allowed to have any programs, including but not limited to, Eggdrop, or any other IRC-related programs, within their account. Client agrees not to upload the tar file for any of these programs or to execute them within their account. The first violation of this policy will result in the IRC-related program to be removed from the Client's account and WinHosting.com will notify the Client immediately of the violation. The second violation of this policy may, at the discretion of WinHosting.com, result in the Client's account(s) being terminated without notice or refund plus a maximum clean-up/disconnect fee.
Use of account(s) to commit network abuse (including, but not limited to, denial of service attacks such as ping bombing, email bombing, "smurf", "winnuke", "land", "teardrop", etc.) or otherwise compromising the security of hosts or networks is strictly prohibited and will result in the Client's account(s) being terminated without notice or refund plus a maximum clean-up/disconnect fee.
:: Cancellation Policy
WinHosting makes a valiant effort to be one of the best, most reliable hosting companies on-line. While we realize that we cannot be the perfect host for everybody, we hope to make our clients' experience with our company enjoyable and fulfilling. <p>Because we feel our services are unmatched, we make it simple to cancel a client account. This is because we have confidence in our service, support, and features-and we believe that few clients will want to cancel their service. Unlike other hosting providers who require a signed letter or a facsimile requesting cancellation, we simply require clients to cancel their account through the (online) cancellation form.
If a client is within their first 30 days of service and signed up on a three-month plan, a complete refund will be given.
We discourage people from signing up and deleting an account multiple times. The only possible way to accept such clients back on our servers is to sign up for a full-year contract.
After a client's first 30 days of service, there are no refunds on the unused portion of their service cycle. We expect our clients' commitment for the service cycle they choose. To avoid further charges on their accounts, a client must submit their cancellation form at least three (3) days before the existing contract expires. Phone calls will not be accepted.
If you wish to terminate your domain, please submit our Cancellation Form. This cancellation notification must be submitted three (3) days prior to your renewal date. Otherwise you will be held responsible to pay the amount due. Your credit card will be charged the full amount due, and no refund is given for the renewed billing term.
Most clients who discontinue service with us abort their Web site projects. Few are dissatisfied with our service and move to other hosting providers. We have many email messages from clients contending they have been to many hosting companies, but WinHosting will be their last.
When clients sign up for an account with us, we email them a Welcome Message, and we suggest they take time to read that message carefully. It contains valuable information regarding their new virtual server account and how to use important features.
We are committed to delivering the highest quality technical service to every client. We are not to be held responsible or liable if a client fails to operate their Web Panel and/or any software application due to lack of Internet literacy, or for their refusal to read our Billing/Cancellation Policy, Acceptable Use Policy, and technical support manual.
All activities on your account are recorded. If you need clarification on any part of the following terms, please feel free to contact us. The following are strictly forbidden:
- Sending unsolicited email, or "spam" through your email server.
- IRC Bots, or any other automaton programs used specifically in conjunction with IRC.
- Programs that consume an excessive amount of CPU run time or Random Access Memory (RAM).
- Excessive use of crontab and/or external FTP.
- Use of account commit network abuse including ping bombing, email bombing, "smurf", "winnuke", "land", "teardrop/eggdrop", and/or otherwise compromise the security of hosts or networks.
- Viewing and/or modifying any system files that not owned by you.
Any violation of these terms may result in the Client's account(s) being terminated without notice or refund plus $25 clean-up/disconnect fee.
:: Restricted Content and Use
The client is expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. Common sense is the best guide as to what is considered acceptable use. Clients who follow our simple policies will never encounter any problems with their service. WinHosting.com strictly forbids Web sites with adult graphic content (softcore and/or hardcore), including, but not limited to, banners advertising any adult Web site(s), child pornography, and distribution of adult Web site passwords.
Web sites that promote activities that violate federal, state, local laws and/or violation of U.S. export restrictions are also not welcome at WinHosting.com. This include freely distributed copyright programs -- "warez" sites and sites promoting hacking and/or cracking programs. Clients whose accounts are found in violation of this policy may, at the discretion of WinHosting.com, have their account(s) terminated without notice and are subject to a maximum clean-up/Disconnect fee ($25) without refund of service already paid for.
Use of WinHosting.com account indicates acceptance of the terms of this agreement by the account holder.
If you have any questions or concerns, please contact sales[AT]winhosting.com