Acceptable Use 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 email@example.com. UptimeHost.com
will cooperate fully with any civil and/or criminal
litigation arising from the violation of this policy.
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
- 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.
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.
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
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 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
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
(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.
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
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 firstname.lastname@example.org
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.
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 agrees that webpages and files uploaded to servers will not
violate any province/state, federal or foreign laws or regulations;
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
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
subscription to the service without refund.
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.
UptimeHost.com offers a generous amount of data transfer per month.
Bandwidth is calculated on a recurring 30 days.
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).