Acceptable Use Policy
4My Hosting Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what 4My Hosting expects of them while using the service. All users of 4My Hosting Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).
Use of 4My Hosting Service constitutes acceptance and agreement to 4My Hosting AUP as well as 4My Hosting TOS (Terms of Service)
IMPORTANT NOTICE: *All Payments To 4My Hosting Are Non-Refundable After 7 Days *
Refund Policy
Each 4My Hosting web hosting plan carries a 7 day money back guarantee. If you are not completely satisfied with our services within the refund time period, you will be given a full refund of the contract amount excluding setup fees and overages.
No refund is available after 7 days from sign up. This policy does not apply to any additional services such as overages, disk space, pop accounts, sub-accounts, Domain Parking accounts, etc. It does not also apply to reseller accounts, dedicated servers, or any fees associated with these accounts. Accounts cancelled/terminated by 4My Hosting for violating our Acceptable Usage Policy or Service Policies do not qualify for the 7-day money back guarantee. For example, if your account is cancelled due to spamming, warez, server downtime, you will not be given any refund.To receive a full refund you must let us know why you are not satisfied. This collation of information is used to improve and provide the highest quality service possible for our present and future customers. To receive a full refund, e-mail our sales department and we will send you a cancellation form. Any cancellation request will be effective upon receipt.
We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. 4My Hosting may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your 4My Hosting account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.
Payment Policies
All accounts are set up on a pre-pay basis. 4My Hosting reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (3 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies 4My Hosting at sales@4MyHosting.com to request for termination of services. All payment is in U.S. currency.
Cancellation - 4My Hosting reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by 4My Hosting if 4My Hosting institutes it's right of cancellation. Dedicated servers must have cancellation requested 7 days before your server is actually disconnected and billing has ceased. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space, spamming, etc...). All of 4My Hosting web hosting plans are backed by a 7 day money back guarantee. If you are not completely satisfied with our services or support within the first 7 days of your contract, you will be given a full refund of the contract amount. No refund is available after the 7th day. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, etc. Due to security concerns, all account cancellations must be done via sales@4MyHosting.com. Refunds will be issued back to your credit card within 7 days of receipt of cancellation.
Lawful Purpose - 4My Hosting reserves the right to refuse service to anyone. Customers may only use 4My Hosting 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 4My Hosting management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in Mendocino County, California, and any dispute will be litigated or arbitrated in Mendocino County, California.
Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD 4My Hosting HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST 4My Hosting, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, 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 4My Hosting AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH 4My Hosting 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 4My Hosting SERVER. Disclaimer 4My Hosting WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. 4My Hosting MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. 4My Hosting 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 4My Hosting AND ITS EMPLOYEES. 4My Hosting RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
Site Backups
While we maintain regular backups of user data, in preparation for the inevitable event of hardware failure, we have some specific rules regarding the purpose and use of these backups: as a rule of thumb - 4My Hosting is not a paid online backup service. There are actual online services out there, that will guarantee the integrity of your data on their repository. It is not recommended that you use your 4My Hosting account as a backup service for your data. We provide web-serving services - your disk space quota is there for files to be served up as a website, it is not intended as a permanent repository for such data. This policy manifests itself in the following example scenarios: No restoration of files deleted by users - This policy is, admittedly, draconian at first impression. The reality of the matter is that we cannot provide restoration of files specifically deleted by users, accidentally or otherwise. The reasoning behind this is founded in the time involved in restoring single files from tape archives - backup tape is slow, and the time involved in restoring a single file can run into hours. During this time, no updating of archives can occur - this ages the data on tape in relation to the current information stored on the servers, placing much more information at risk of permanent loss. Backups for rapid restoration only - the backup operates with the goal of rapid server restoration in the event of hardware failure, and the retention of dynamic data [e.g SQL databases]in the face of such events. What this means to you directly is always keep your own copy of your website - the service we provide is to serve web pages, and not to act as backup server for your data. The backup system operates to maximize site availability in the face of catastrophe.
This document is intended to provide a basic understand of 4My Hosting Acceptable Use Policy. The following are guidelines for the establishment and enforcement of 4My Hosting AUP:
· Ensure reliable service to our customers
· Ensure security and privacy of our systems and network, as well as the networks and systems of others
· Comply with existing laws
· Maintain our reputation as a responsible service provider
· Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
· Preserve the value of Internet resources as a conduit for free expression and exchange of information
· Preserve the privacy and security of individual users
4My Hosting intends to provide its customers access to everything the Internet has to offer. While the 4My Hosting is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the 4My Hosting and the Internet and cannot be permitted under the guise of free speech. The resources of the 4My Hosting and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.
We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.
You may not use your virtual site to publish material, which 4My Hosting.com determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.
If a 4My Hosting account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at abuse@4MyHosting.com.
VIOLATIONS OF 4My Hosting ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
Illegal use: 4My Hosting services may not be used for illegal purposes, or in support of illegal activities. 4My Hosting reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
Harm to minors: Use of the 4My Hosting service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
Threats: Use of the 4My Hosting service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
Harassment: Use of the 4My Hosting service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
Fraudulent activity: Use of 4My Hosting service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying infrmation is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the 4My Hosting service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending 4My Hosting account.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY , anyone hosting websites or services on our server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
Media Files: Use of 4My Hosting service to store large amounts of mp3s/mpg/etc. and any other type of copyrighted audio/video file.
User Processes Excessive resource usage: Cgi scripts or other executable code that consumes an undue amount of CPU time [more than 10 minutes per hour of CPU time] will be reprioritized if possible, or we will ask you to discontinue its use either permanently or the script is altered by yourself or third party to operate in a less resource-hungry manner. Failure to cease operator of the offending executable will be considered as server abuse.
Background processes: Background process are not to be initiated without prior arrangement with us. Generally, we accept background processes, so long as they do not openly break one of our other policies - we do however reserve our right to examine all code before it runs on our hardware.
Streaming Media : Use of 4My Hosting service to brodcast any type of streaming media (ea. .mp3, .wmv, .wma, .rm, etc.)
E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending 4My Hosting account.
E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the 4My Hosting service is in violation of this AUP.
Usenet SPAMing: 4My Hosting has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
Unauthorized access: Use of the 4My Hosting service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of 4My Hosting or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending 4My Hosting account is subject to immediate termination.
Copyright or trademark infringement: Use of the 4My Hosting service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Also included in this would be the brodcast of copyrighted songs (.mps) via the use of a radio.blog or any other scripts that assist in the brodcasting of copyrighted music. Please not owning the music does not give one the premission to share it!
Collection of personal data: Use of the 4My Hosting service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
Network disruptions and unfriendly activity: Use of the 4My Hosting service for any activity which affects the ability of other people or systems to use 4My Hosting Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. 4My Hosting will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
4My Hosting accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account. You may not use network-intensive programs, such as peer-to-peer, audio/video streaming of any kind, file servers, which negatively impact other customers or the performance of Y1Hosts systems or networks. 4My Hosting reserves the right to terminate or limit such activities. 4My Hosting also reserves the right to determine what is and what is not network-intensive at any time weather it be written or not. All traffic on unmetered accounts must come from standard content, such as HTML pages being accessed, no more then 15% of all bandwidth usage from a server may be used for downloads. This is to ensure everyone has fair access to available bandwidth.
System Resources: Any one site or reseller account found to be utilizing in excess of 8% of the system resources at any given may shall be suspended. We reserve the right to terminate such account if we see fit. Unmetered accounts resource usage may not be taken advantage of. If we notice that you are hogging resources we will ask you to either move to a dedicated server or pay for the extra resources accordingly. There is no set limit to this and is enforced by the system administrator at his own discretion. The storage of files large in size will cause high serverloads when downloaded and because of this any types of large downloadable file s is not allowed. If you have questions concerning downloadable files please contact support@Y1Host.com .
Bandwidth: Any purpose abuse of bandwidth will result in termination of account without refund.
Storage Abuse: Anyone purposely abusing storage useage will have their account terminated without refund.
Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
SSH ACCESS: This computer system is for authorised users only. All activity is logged and regulary checked by system personal. Individuals using this system without authority or in excess of their authority are subject to having all their services revoked. Any illegal services run by users or attempts to take down this server or its services will be reported to local law enforcement, and said user will be punished to to full extent of the law. Anyone using this system consents to these terms. Use of SSH for gaming servers is NOT aloud. (ping has been disabled)
Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using 4My Hosting services could result in suspension service.
Third Party Accountability: 4My Hosting subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.
Violation Of 4My Hosting Virtual Accounts: It is absolutely forbidden to host illegal pornographic content whereas the subjects are under the age of majority, or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
IRC networks: It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the irc server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation will result in immediate account termination.
Security
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a client, friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
· Your password provides access to your account. It is your responsibility to keep your password secure.
· Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
· Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
· You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
· You may not 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 you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
· You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to Overload a service, and attempts to "crash" a host.
· Users who violate systems or network security may incur criminal or civil liability. 4My Hosting 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.
Network Performance
4My Hosting virtual site and reseller accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer (eg. in excess of 8% CPU usage) may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.
You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of 4My Hosting systems or networks. 4My Hosting reserves the right to terminate or limit such activities.
Uptime Guarantee
Our servers will be up 99% of the time. Please note this is server uptime, not network uptime. If our network goes offline and our servers are still up then our servers are still concidered to be online. We do not possess control over the Internet, therefore we cannot guarantee that you will be able to access your site due to circumstances beyond our control (network downtime). Server outages due to DDOS attacks, hardware failure/upgrade and software upgrade do NOT count as part of the 99% uptime.
REPORTING VIOLATIONS OF 4My Hosting AUP
4My Hosting requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse@4MyHosting.com.
If available, please provide the following information:
· The IP address used to commit the alleged violation
· The date and time of the alleged violation, including the time zone or offset from GMT
· Evidence of the alleged violation
E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. 4My Hosting may take any one or more of the following actions in response to complaints:
· Issue written or verbal warnings
· Suspend the Member's newsgroup posting privileges
· Suspend the Member's account
· Terminate the Member's account
· Bill the Member for administrative costs and/or reactivation charges
· Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations
INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUP AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THESE AUP BY YOU.
REVISIONS TO THIS ACCEPTABLE USE POLICY
4My Hosting reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).
