Acceptable Use Policy

HostPoco Acceptable Use Policy

HostPoco Acceptable Use Policy
As a provider of web site hosting and other Internet-related services, HostPoco Web Hosting Solutions offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. HostPoco Web Hosting Solutions respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, HostPoco Web Hosting Solutions reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, HostPoco Web Hosting Solutions has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using HostPoco Web Hosting Solutions' services. This AUP will be revised from time to time. 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 it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that HostPoco Web Hosting Solutions cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber 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 may be sexually explicit or otherwise offensive. Because HostPoco Web Hosting Solutions cannot monitor or censor the Internet, and will not attempt to do so, HostPoco Web Hosting Solutions cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications. When subscribers disseminate information from the Internet, they must keep in mind that HostPoco Web Hosting Solutions does not review, edit, censor or take responsibility for any information its subscribers may create. When users 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 created is carried over HostPoco Web Hosting Solutions' network and may reach a large number of people, including both subscribers and non-subscribers of HostPoco Web Hosting Solutions, subscribers' postings to the Internet may affect other subscribers and may affect HostPoco Web Hosting Solutions' goodwill, business, reputation or operations. For these reasons, subscribers violate HostPoco Web Hosting Solutions policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

As a provider of web site hosting and other Internet-related services, HostPoco Web Hosting Solutions offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. HostPoco Web Hosting Solutions respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, HostPoco Web Hosting Solutions reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, HostPoco Web Hosting Solutions has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using HostPoco Web Hosting Solutions' services. This AUP will be revised from time to time.

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 it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that HostPoco Web Hosting Solutions cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber 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 may be sexually explicit or otherwise offensive. Because HostPoco Web Hosting Solutions cannot monitor or censor the Internet, and will not attempt to do so, HostPoco Web Hosting Solutions cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that HostPoco Web Hosting Solutions does not review, edit, censor or take responsibility for any information its subscribers may create. When users 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 created is carried over HostPoco Web Hosting Solutions' network and may reach a large number of people, including both subscribers and non-subscribers of HostPoco Web Hosting Solutions, subscribers' postings to the Internet may affect other subscribers and may affect HostPoco Web Hosting Solutions' goodwill, business, reputation or operations. For these reasons, subscribers violate HostPoco Web Hosting Solutions policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Security

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.

Security
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.

Illegal Usage

Illegal Usage
HostPoco servers may offer the service only for lawful purposes. Transmission, storage, or distribution of any information, data or material in violation of any law or regulation is prohibited. But it 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. Non-acceptable content or links includes: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. The subscriber to HostPoco service agrees to indemnify and hold harmless HostPoco from any claims resulting from the use of the service that damages the subscriber or any other party. HostPoco will be the sole arbiter as to what constitutes a violation of this provision.

HostPoco servers may offer the service only for lawful purposes.
Transmission, storage, or distribution of any information, data or material in violation of any law or regulation is prohibited. But it 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. Non-acceptable content or links includes: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots.
The subscriber to HostPoco service agrees to indemnify and hold harmless HostPoco from any claims resulting from the use of the service that damages the subscriber or any other party.
HostPoco will be the sole arbiter as to what constitutes a violation of this provision.

Spamming

Spamming
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward HostPoco Web Hosting Solutions, but also because it can overload HostPoco Web Hosting Solutions' network and disrupt service to HostPoco Web Hosting Solutions' subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, HostPoco Web Hosting Solutions will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore HostPoco Web Hosting Solutions reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should HostPoco Web Hosting Solutions choose to pursue and prosecute. Spamming(UCE (Unsolicited Commerce Email)), or the sending of mass unsolicited email, from or through a HostPoco server or using an email address that is maintained on a HostPoco machine is STRICTLY prohibited. HostPoco will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP or IPP, but channeling activities through a HostPoco server as a maildrop for responses, you are in violation. Violators will be assessed a minimum of $300.00 fine and will face an immediate suspension. See our NO SPAM Policy for more details.

Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward HostPoco Web Hosting Solutions, but also because it can overload HostPoco Web Hosting Solutions' network and disrupt service to HostPoco Web Hosting Solutions' subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, HostPoco Web Hosting Solutions will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore HostPoco Web Hosting Solutions reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should HostPoco Web Hosting Solutions choose to pursue and prosecute.
Spamming(UCE (Unsolicited Commerce Email)), or the sending of mass unsolicited email, from or through a HostPoco server or using an email address that is maintained on a HostPoco machine is STRICTLY prohibited. HostPoco will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP or IPP, but channeling activities through a HostPoco server as a maildrop for responses, you are in violation. Violators will be assessed a minimum of $300.00 fine and will face an immediate suspension. See our NO SPAM Policy for more details.

Audio/Video Streaming
Audio/Video Streaming is not hosting friendly. As such, HostPoco Web Hosting Solutions does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.

Large File Policy
HostPoco Web Hosting Solutions is not for file hosting and distribution - as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail admin@HostPoco.com.

Obscene Speech or Materials
Using HostPoco Web Hosting Solutions' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. HostPoco Web Hosting Solutions is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Language
Using HostPoco Web Hosting Solutions' network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Forging of Headers
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing 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.

Facilitation a Violation of this AUP
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, mail bombing, denial of service attacks and piracy of software.

Export Control Violations
Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups
HostPoco Web Hosting Solutions reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Backups
HostPoco performs daily backups on all servers to ensure critical files are never lost. However HostPoco are NOT responsible for lost data, time, income or any other resource due to faulty backups or non-existent backups. Please always backup your own data for Redundancy.

Client Responsibility

Client Responsibility
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 HostPoco 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. Examples > 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 HostPoco to provide this knowledge or support outside matter specific to HostPoco servers.

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 HostPoco 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.
Examples > 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 HostPoco to provide this knowledge or support outside matter specific to HostPoco servers.

Server Resource

Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra for VPS Or dedicated server / semi-dedicated server (which depends on the resource needed) or reducing the resource used to an acceptable level. HostPoco shall be the sole arbiter of what is considered to be a high server usage level.

Server Resource
Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra for VPS Or dedicated server / semi-dedicated server (which depends on the resource needed) or reducing the resource used to an acceptable level. HostPoco shall be the sole arbiter of what is considered to be a high server usage level.

Multimedia Files
Multimedia files are defined as any graphics, audio, and video files. HostPoco Web Hosting accounts are not to be used for the purposes of distributing and storing unusual amount of multimedia files. Any Web site whose disk space usage for storing the multimedia files exceed, either in terms of total size or number of files, will be deemed to be using unusual amount of multimedia files.

Domain Names

HostPoco will take necessary steps to register domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. HostPoco does not take responsibility for failing to renew domain names. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire. We do not handle renewals unless specifically asked for by sending a ticket to our helpdesk.

Domain Names
HostPoco will take necessary steps to register domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. HostPoco does not take responsibility for failing to renew domain names. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire. We do not handle renewals unless specifically asked for by sending a ticket to our helpdesk.

Modification
HostPoco reserves the right to add, delete, or modify any provision of this Policy at any time without notice.

Other Activities

Other Activities
Engaging in activities, whether lawful or unlawful, that HostPoco Web Hosting Solutions determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations. As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. HostPoco Web Hosting Solutions will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with HostPoco Web Hosting Solutions' policy or applicable law. However, when HostPoco Web Hosting Solutions becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by HostPoco Web Hosting Solutions. HostPoco Web Hosting Solutions is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching HostPoco Web Hosting Solutions' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. HostPoco Web Hosting Solutions does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. HostPoco Web Hosting Solutions reserves the right to directly take action against a customer of its subscribers. Also, HostPoco Web Hosting Solutions may take action against the HostPoco Web Hosting Solutions' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, HostPoco Web Hosting Solutions anticipates that subscribers who offer Internet services will cooperate with HostPoco Web Hosting Solutions in any corrective or preventive action that HostPoco Web Hosting Solutions deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of HostPoco Web Hosting Solutions policy. HostPoco Web Hosting Solutions will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. HostPoco Web Hosting Solutions may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, HostPoco Web Hosting Solutions may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. HostPoco Web Hosting Solutions assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, HostPoco Web Hosting Solutions may disclose subscriber information or information transmitted over its network where necessary to protect HostPoco Web Hosting Solutions and others from harm, or where such disclosure is necessary to the proper operation of the system. However, HostPoco Web Hosting Solutions will never sell information to other services or outside companies. HostPoco Web Hosting Solutions expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate HostPoco Web Hosting Solutions policy. Finally, HostPoco Web Hosting Solutions wishes to emphasize that, in signing the Service Agreement, subscribers indemnify HostPoco Web Hosting Solutions for any violation of the Service Agreement, law or HostPoco Web Hosting Solutions policy resulting in loss to HostPoco Web Hosting Solutions or the bringing of any claim against HostPoco Web Hosting Solutions by any third party. This means that, if HostPoco Web Hosting Solutions is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against HostPoco Web Hosting Solutions, plus costs and reasonable attorney's fees. We hope this AUP is helpful in clarifying the obligations of Internet users, including HostPoco Web Hosting Solutions and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to admin@HostPoco.com.

Engaging in activities, whether lawful or unlawful, that HostPoco Web Hosting Solutions determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. HostPoco Web Hosting Solutions will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with HostPoco Web Hosting Solutions' policy or applicable law. However, when HostPoco Web Hosting Solutions becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by HostPoco Web Hosting Solutions.

HostPoco Web Hosting Solutions is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching HostPoco Web Hosting Solutions' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. HostPoco Web Hosting Solutions does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. HostPoco Web Hosting Solutions reserves the right to directly take action against a customer of its subscribers. Also, HostPoco Web Hosting Solutions may take action against the HostPoco Web Hosting Solutions' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, HostPoco Web Hosting Solutions anticipates that subscribers who offer Internet services will cooperate with HostPoco Web Hosting Solutions in any corrective or preventive action that HostPoco Web Hosting Solutions deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of HostPoco Web Hosting Solutions policy.

HostPoco Web Hosting Solutions will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. HostPoco Web Hosting Solutions may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, HostPoco Web Hosting Solutions may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. HostPoco Web Hosting Solutions assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, HostPoco Web Hosting Solutions may disclose subscriber information or information transmitted over its network where necessary to protect HostPoco Web Hosting Solutions and others from harm, or where such disclosure is necessary to the proper operation of the system. However, HostPoco Web Hosting Solutions will never sell information to other services or outside companies.

HostPoco Web Hosting Solutions expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate HostPoco Web Hosting Solutions policy. Finally, HostPoco Web Hosting Solutions wishes to emphasize that, in signing the Service Agreement, subscribers indemnify HostPoco Web Hosting Solutions for any violation of the Service Agreement, law or HostPoco Web Hosting Solutions policy resulting in loss to HostPoco Web Hosting Solutions or the bringing of any claim against HostPoco Web Hosting Solutions by any third party. This means that, if HostPoco Web Hosting Solutions is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against HostPoco Web Hosting Solutions, plus costs and reasonable attorney's fees. We hope this AUP is helpful in clarifying the obligations of Internet users, including HostPoco Web Hosting Solutions and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to admin@HostPoco.com.

Acceptable Use Policy

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