Gardahost.com - Cheap Shared Hosting - Acceptable Usage Policy

Acceptable Usage Policy ("AUP")

This AUP governs the use of GardaHost's web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and GardaHost regarding the interpretation of this AUP, GardaHost's interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this AUP, contact legal@GardaHost.com.

Offensive Content
Security
Bulk Commercial E-Mail
Unsolicited E-Mail
Material Protected by Copyright
Copyright Infringement Notice
Other
Disclaimer
**Internet Abuse**
**Newsgroup, Chat Forums, Other Networks**

1. Offensive Content

You may not publish or transmit via GardaHost's service any content that GardaHost reasonably believes:

a) constitutes child pornography;
b) constitutes pornography;
c) is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
d) is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
e) is defamatory or violates a person's privacy;
f) creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
g) improperly exposes trade secrets or other confidential or proprietary information of another person;
h) is intended to assist others in defeating technical copyright protections;
i) clearly infringes on another person's trade or service mark, patent, or other property right;
j) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
k) is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to GardaHost; or
l) is otherwise malicious, fraudulent, or may result in retaliation against GardaHost by offended viewers;

Unaccepted Materials

GardaHost does not accept material such as:

Proxy, Warez, Escrow, High Yield Investment Programs (HYIP), illegal Gambling and Lottery sites.

Content "published or transmitted" via GardaHost's service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by GardaHost.

* GardaHost can terminate service for any of the above reasons and it's at GardaHost sole discretion to issue a refund

2. Security

You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.

3. Bulk Commercial E-Mail

Bulk commercial email or any form of mailing lists are not allowed on GardaHosts servers. For any emails sent from your GardaHost account you must adhere to the following rules:

a) Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
b) Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
c) You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the "TO" line of the e-mail; and
d) You otherwise comply with the CAN SPAM Act and other applicable law.

These policies apply to messages sent using your GardaHost service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your GardaHost service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.

4. Unsolicited E-Mail

You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it.

You must comply with the rules of any other network you access or participate in using your GardaHost's services.

5. Material Protected by Copyright

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

a) you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
b) you are otherwise permitted by established United States copyright law to copy the work in that manner.

GardaHost will terminate the service of repeat copyright infringers.

6. Copyright Infringement Notice (Digital Millennium Copyright Act)

If you believe your copyright is being infringed by a person using the GardaHost network, please send your written notice of copyright infringement to:

legal@GardaHost.com

Your notice must include the following:

a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;
c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit GardaHost to locate the material;
d) Information reasonably sufficient to permit GardaHost to contact you, such as an address, telephone number, and, if available, an e-mail address;
e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner's agent, or the law;
f) A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

7. Other

You must have valid and current information on file with your domain name registrar for any domain hosted on the GardaHost network.

8. Disclaimer

GardaHost is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers' activities and disclaims any responsibility for any misuse of the GardaHost network.

Inquiries regarding this policy should be directed to Legal dept at legal@GardaHost.com.

9. Internet Abuse

You may not engage in illegal, abusive, or irresponsible behavior, including:

a) Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to GardaHost and its customers) without express authorization of the owner of the system or network;
b) monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
c) Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
d) Use of an Internet account or computer without the owner's authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
e) Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
f) Any conduct that is likely to result in retaliation against the GardaHost network.
g) Use of GardaHost's network in a way that unreasonably interferes with GardaHost's other customers use of the network

10. Newsgroup, Chat Forums, Other Networks

You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.