Acceptable Use Policy

Terms of Service / Acceptable Use Policy / Privacy Policy

Copyright Infringement - Software Piracy Policy

The UptimeHost.com network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of Canada or province regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights.

Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. If caught with pirated software, you or your company may be liable under both civil and criminal law, and you may be fined up to $250,000 and/or receive up to 5 years in jail. In compliance with the Digital Millenium Copyright Act (the "DMCA"), please send DMCA notifications of claimed copyright infringements to abuse@uptimehost.com. UptimeHost.com will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

Network Responsibility Customers have a responsibility to use the UptimeHost.com network responsibly. This includes respecting the other customers of UptimeHost.com. UptimeHost.com reserves the right to suspend and or cancel service with any Customer who uses the UptimeHost.com network in such a way that adversely affects other UptimeHost.com customers. This includes but is not limited to:

  • Attacking or attempting to gain unauthorized access to servers and services that belong to UptimeHost.com or its customers (i.e. computer hacking), and/or
  • Participating in behavior which result in reprisals that adversely effect the UptimeHost.com network or other customers' access to the UptimeHost.com network.

UptimeHost.com will react strongly to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include, but are not limited to, "Internet Scanning" (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, etc. Any unauthorized use of accounts or computers by a UptimeHost.com customer, whether or not the attacked account or computer belongs to UptimeHost.com, will result in severe action taken against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Any attempt to undermine or cause harm to a server, or customer, of UptimeHost.com is strictly prohibited.

Violations of this policy may be reported directly to the RCMP at http://www.rcmp-grc.gc.ca/contact/index_e.htm. UptimeHost.com will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

Lawful Purpose
All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or TOS is prohibited. This includes, but is not limited to:

  • copyrighted material or material protected by trade secret and other statute or dissemination of harmful or fradulent content.

Using any UptimeHost.com service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law is prohibited.

Any conduct that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restriction in connection with use of UptimeHost.com services or products is prohibited. Using the UptimeHost.com network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited.

Servers hosted within UptimeHost.com network are open to the public. You are solely responsible for your usage of the UptimeHost.com network and servers and any statement you make on servers hosted within the UptimeHost.com network may be deemed "publication" of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libelous.

Child Pornography on the Internet

Our policy on child pornography is zero tolerance. UptimeHost.com 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 UptimeHost.com 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 CRIME STOPPERS at 416-222-TIPS

Commercial Advertisements with E-mail

UptimeHost.com takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply, this This means that customers of UptimeHost.com may not use or permit others to use our network to transact in UCE. Customers of UptimeHost.com may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Sending a message, especially an advertisement, to more than five recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. This includes both commercial advertisements and informational messages sent to recipients via electronic mail (email) as well as off-topic messages posted in Usenet discussion groups where the recipient has not requested or invited the message. Mailing lists must be true opt-in mailing lists. Before sending any email to a listed user, a confirmation email, with a tracking number, must be sent to the new subscriber, to which they must respond with a confirmation that they wish to be added to the list. You must keep these confirmations on file, so that in the case that a spam complaint is made against you, you have proof that the user did indeed opt-in. In addition, you must provide at least one easy way to opt out; see the MAPS guidelines (http://mail-abuse.org/rbl/manage.html) for details. Opt-out requests must be honored immediately.

E-mail is a person-to-person medium, not a broadcast medium.

Customers of UptimeHost.com are strictly prohibited from using or permitting others to use UCE or SPAM over our network. As our Customers are ultimately responsible for the actions of their clients over the UptimeHost.com network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

Violation of UptimeHost.com SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, UptimeHost.com will initiate an immediate investigation (within 48 hours of notification). During the investigation, UptimeHost.com may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, UptimeHost.com may, at its sole discretion, restrict, suspend or terminate customer's account. Further, UptimeHost.com reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. UptimeHost.com will notify law enforcement officials if the violation is believed to be a criminal offense.

Violation of UptimeHost.com SPAM policy may be reported to abuse@uptimehost.com

IP Address Overlap

UptimeHost.com administers the network on which customer servers reside. The customer cannot use IP addresses which were not assigned to them by UptimeHost.com 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.

IRC

UptimeHost.com does not allow the use of IRC on the UptimeHost.com network. This includes, but is not limited to, the use of IRC clients, server software, bots or anything related to IRC. Violators' servers will be suspended.

Customer Content

Customer agrees that webpages and files uploaded to servers will not violate any province/state, federal or foreign laws or regulations; infringe on any intellectual property rights of UptimeHost.com or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to UptimeHost.com or any third party. Customers may not run IRC, bots or clients. BitTorrent seeders, trackers and .torrent files are not allowed. Unacceptable uses also include: Bulk unsolicited emailing, unsolicited emailings, newsgroup spamming, child porn or links to such sites, copyrighted MP3, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers. UptimeHost.com will be the sole and final arbiter as to what constitutes a violation of this policy. UptimeHost.com does not normally monitor the contents of customer servers, however if suspicion occurs, UptimeHost.com reserves the right to investigate and terminate the clients subscription to the service without refund.

Excessive Usage

Resources are defined as bandwidth, memory and/or processor utilization. A website is considered using "Excessive amounts of resources" when it monopolies the resources available using 10% or more of system resources for longer than 60 seconds. There are numerous problems that could cause such problems, this includes: scripts, FTP, HTTP, etc. A site that consumes over the account limit of bandwidth is also considered "excessive resources". This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. The client will be contact with available options at that moment in time. UptimeHost.com will be the sole and final arbiter as to what constitutes a violation of this policy.

Bandwidth Usage

UptimeHost.com offers a generous amount of data transfer per month. Bandwidth is calculated on a recurring 30 days.

Bandwidth Stealing

Bandwidth stealing is defined as using a temporary URL to access your website after the first 72 hours of your account creation, or using the temporary URL as a download link for large files. This is against the TOS, and will result in: (a) Customer billed at $2.50 per GB used and/or (b) Suspension & Termination of account without refund (if within the money back period).