ManageMyHosting provides web hosting and other internet services to many
clients, and we have the responsibility of protecting each of our clients and to
provide the best services available. These have been based around years of
experience in the industry and we have made sure that any standard account
should have no problems in following them.
The company ManageMyHosting refers to all accounts under the ManageMyHosting
name as well as all subsidiaries (ManageMyName, ManageMyBox, and
ManageMyServices). This document is designed to provide the basic information
about what is allowed/disallowed on specific packages however, with changing
technology this list and document may need to be amended at any time and
therefore ManageMyHosting reserves the right to amend this document at any time
without notice and all customers are required to follow the current AUP
documents and not those shown on sign-up. If you have any comments, suggestions
or need to report abuse of these policies please e-mail abuse@ManageMyServices.com.
Content:
All services provided by ManageMyHosting may be used for lawful purposes only.
Transmission, storage, or presentation of any information, data or material in
violation of any UK law is prohibited. This includes, but is not limited to:
copyrighted material, material we judge to be threatening or obscene, or
material protected by trade secret and other statute. The subscriber agrees to
indemnify and hold harmless ManageMyHosting and its employees from any claims
resulting from the use of the service which damages the subscriber or any other
party.
ManageMyHosting will be the sole arbiter as to what constitutes a violation of
this provision.
Backups:
The user agrees that they will keep backups of their sites on their computers,
ManageMyHosting accepts no responsibility for loss of data. The end user is
responsible for making sure they have up to date site files saved offline. While
ManageMyHosting does have backups available they cannot be guaranteed and
therefore all customers MUST make backups regularly.
Commercial Advertising - Email:
Spamming, or the sending of unsolicited email, from a Site or using an email
address or domain that is maintained on a ManageMyHosting machine as a reference
is STRICTLY prohibited. Accounts in violation of our spamming policy WILL BE
DELETED WITHOUT NOTICE. ManageMyHosting will be the sole arbiter as to what
constitutes a violation of this provision. All mailing lists should be double
opt-in. This means when users on a clients site give said client their e-mail
address the user should also have to verify it through e-mail afterwards before
anymore mail is sent. This prevents us being listed in spam databases. This
prohibition extends to the sending of unsolicited mass mailings from another
service, which in any way implicates the use of ManageMyHosting whether or not
the message actually originated from our network.
Spamvertised Sites:
Hosting websites advertised by spam sent from another network is not permitted
unless proof can be given that Customer was not at all involved in the incident.
Mailing Lists
Senders must maintain complete and accurate records of all opt-ins and provide
these to ManageMyHosting if requested. If proof cannot be provided then any
messages sent to subscriber will be deemed as UCE. An acceptable mailing list
will be focused at a targeted audience that has voluntarily signed up for e-mail
information using a double opt-in process or that has made their e-mail address
available to Customer for distribution of information. The list must also allow
for automatic removal by all end Customers with non-distribution in the future.
Block Removal
If Customer actions have caused ManageMyHosting mail servers or ManageMyHosting
IP address ranges to be placed on black hole lists and other mail filtering
software systems used by companies on the internet, Customer will be assessed a
$100 charge to Customer account and $100 per hour for administrative charges
incurred to remove and protect mail servers and IP ranges.
Hosting Accounts Scripts:
Certain scripts have been found to be negatively impact our hosting servers and
other customers using those shared servers. Thus, the following scripts are
banned from being run on any hosting account -
- CGI/Perl Based Forums
- YaBB CGI and PHP Versions
- Topsites Scripts
- 4Images
- FormMail (CGI versions)
If a script of this type is found to be running and monopolizing resources
either the script or the account will be disabled until communication with
Customer can be established.
Chat Rooms:
We usually do not allow clients to install their own chat rooms. These tend to
be a large drain on system resources and we cannot allow it as an account
option. CGI Chat rooms are absolutely prohibited in all situations. Should you
require a chat room, it must be in the JAVA language, and it must be approved by
ManageMyHosting. Java clients to connect to irc rooms are fine (eg. JIRC)
however, php or cgi chat clients are banned. Habbo style chatting scripts are
also banned due to the intensity of them and the server resources they use.
Background Running Programs:
Programs running in the background such as CRON tasks will be considered on a
case by case basis. While we have the ability for you to add/edit/remove
scheduled tasks using our control panel, if we find they are using up too many
server resources or processes we have the power to disable them without notice
and then not re-enable them until the problem has been discussed with the
customer.
IRC:
We currently do not allow IRC or IRC bots to be operated on our servers. These
include Eggdrop bots and TCL scripts. These can be in the form of PHP, ASP and
java based bots.
Server Abuse:
Any attempt to undermine or cause harm to a server, or customer, of
ManageMyHosting is strictly prohibited. These attempts can include DOS attacks
or hacking. Any domain found to be attempting to snoop, view, edit or remove
files outside of their own domain folders may be immediately disabled until the
issue has been investigated. Refusal of Service:
We reserve the right to refuse, cancel, or suspend service at our sole
discretion. We don't often do this, only in the event of an out of control
script, failure to pay or ManageMyHosting not being able to contact the site
owner in the event of such problems as those listed above.
File sharing:
The use of Peer to Peer or File Sharing software on any account is strictly
prohibited unless it can be proved that the use of it is completely legal. Use
of this software for illegal purposes could result in service being disabled
until investigation has taken pace.
Domain Names:
- You agree to the UDRP (http://www.icann.org/udrp/) if you register your domain
through us. - ManageMyHosting does not automatically register domains for our
accounts. If customer wishes to order a domain they should order it separately
via managemyname.com. - If Chargeback is received on domain then control of
domain will be given fully to ManageMyHosting until a satisfactory resolution
can be reached.
Illegal use:
ManageMyHosting's services may not be used for illegal purposes, or in support
of illegal activities. ManageMyHosting 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 ManageMyHosting service to harm, or attempt to harm, minors in any
way, including, but not limited to child pornography or child abuse.
Threats:
Use of the ManageMyHosting 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 ManageMyHosting service to transmit any material (by e-mail,
uploading, posting or otherwise) that harasses another.
Fraudulent activity:
Use of ManageMyHosting 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." This also Includes
sending this data via e-mail such as Phishing.
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 information is prohibited. The use
of anonymous remailers or nicknames does not constitute impersonation. Setting
up proxies and using them on your account is prohibited.
Unauthorized access:
Use of the ManageMyHosting service to access, or to attempt to access, the
accounts of others, or to penetrate, or attempt to penetrate, security measures
of ManageMyHosting's 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 ManageMyHosting account is subject to immediate termination.
Copyright or trademark infringement:
Use of the ManageMyHosting 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.
Collection of personal data:
Use of the ManageMyHosting service to collect, or attempt to collect, personal
information about third parties without their knowledge or consent. This can
include e-mail addresses, IP addresses and any other information that could be
used to personally identify them.
Use of Resources:
If package limits are reached ManageMyHosting reserves the right to charge
customers account for all fees due and previously agreed to.
HOSTING POLICY:
ManageMyHosting reserves the right to disable services temporarily for sites
which are affecting server performance for the server and other customers on the
server by means of memory, processor time, disk space or bandwidth utilisation.
If this happens repeatedly ManageMyHosting may request customer moves to a
higher level account, dedicated server or the content of the domain be removed
which uses up so much of the resources.
Network disruptions and unfriendly activity:
Use of the ManageMyHosting service for any activity which affects the ability of
other people or systems to use ManageMyHosting 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. ManageMyHosting 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.
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. If a complaint is made against a domain we will
investigate within 24 hours and if we feel it is necessary may disable it until
communication with the domain owner has been established.
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 offence will result in the immediate termination of the
offending account.
Adult Content:
Adult content will be accepted on all dedicated and managed server accounts.
Adult content is in no way accepted on our hosting packages and those found
hosting it will be disabled until further investigation and removal of the
offending content has taken place.
IP Allocation:
Customers should only use IP Addresses assigned to them by ManageMyHosting. Any
server or hosting account using IP Addresses not given to them by NOC staff may
be disconnected or suspended until IP overlap can be investigated. Use of an
unauthorized IP address will result in a charge of $20 per IP. Use of an
unauthorized IP address creating a third party Customer outage will result in a
$100 charge and termination of service until the IP allocation is resolved.
Reseller policy:
Resellers are responsible for their customers and their customers should be made
aware of the AUP so consequences of breaking it are understood. If resellers
customer is found to be breaking AUP and charge is needed then reseller will be
charged and has the responsibility of charging the customer or accepting the
charge themselves.
Usenet Policy:
Usenet posts must conform to internet standards.
Prohibited acts include -
- Posting of articles/URLS for commercial purposes except where clearly allowed.
- Excessive cross-posting or multi-posting
- Using auto-responders or cancel bots
- Unauthorized creation, cancellation or removal of newsgroups
- Cancellation of posts other than Customers own
Internet Etiquette:
Each Customer is expected execute reasonable Internet etiquette (Netiquette),
the accepted behavior and expectations of the Internet community. The Customer
will comply with the rules appropriate to any network to which Company may
provide access. The Customer should not post, transmit, or permit Internet
access to information the Customer desires to keep confidential. The Customer is
not permitted to post any material that is illegal, libelous, and tortuous,
indecently depicts children or is likely to result in retaliation against
Company by offended users. Company reserves the right to refuse or terminate
service at any time for violation of this section. This includes advertising
services or sites via IRC or USENET in clear violation of the policies of the
IRC channel or USENET group.
Customer Security Obligation:
Each Customer must use reasonable care in keeping each server or network devices
attached to ManageMyHosting infrastructure up-to-date and patched with the
latest security updates. Failure to use reasonable care to protect a server may
result in a security compromise by outside sources. ManageMyHosting is not
responsible for Customer server level security unless a security administration
package, firewall security administration package or fully managed operating
system package is contracted for and maintained. A compromised server creating
network interference will result in immediate Customer notification and will be
disconnected from the network immediately so as to not directly affect other
Customers. No service credits will be issued for outages resulting from
disconnection due directly to breached server security. The Customer is solely
responsible for any breaches of security affecting servers under Customer
control, including repairing the system, terminating the account(s) of the
abusive user(s), and reporting occurrence of the issue to abuse@ManageMyHosting.com.
If a Customer intentionally creates a security breach, the cost to resolve any
damage to Customer's server or other servers will be charged directly to the
Customer. The labor used to resolve such damage is categorized as emergency
security breach recovery and is currently charged at $100.00 USD per hour.
It is Customers responsibility for keeping their account passwords with
ManageMyHosting secure and sharing it with unauthorized users is prohibited. Any
actions by sub-users of the account will be the responsibility of the main
account holder. Users who violate system or network security including, but not
limited to, attempting to circumvent security of any network or host, attempting
to interfere with service by use of flooding, DDoS or DoS may incur civil or
criminal liability.
LIMITATION OF LIABILITY:
ManageMyHosting shall not be responsible for any claimed damages, including
incidental and consequential damages, which may arise from ManageMyHosting
servers going off-line or being unavailable for any reason whatsoever.
Furthermore, ManageMyHosting shall not be responsible for any claimed damages,
including incidental or consequential damages, resulting from the corruption or
deletion of any web site from one of ManageMyHosting servers. All damages shall
be limited to the immediate termination of service.
Violations of these Acceptable Uses Policies should be referred to abuse@ManageMyHosting.com
All complaints will be investigated promptly.
Failure to follow any term or condition will be grounds for immediate account
deactivation.
DISCLAIMER:
ManageMyHosting cannot be held liable for system downtime, crashes, or data
loss. We cannot be held liable for any predicted estimate of profits in which a
client would have gained if their site was functioning. Certain services
provided by ManageMyHosting are resold. Thus, certain equipment, routing,
software, and programming used by ManageMyHosting may not be directly owned or
written by ManageMyHosting. Moreover, ManageMyHosting holds no responsibility
for the use of our clients accounts. If any terms or conditions are failed to be
followed, the account in question will be automatically deactivated. We reserve
the right to remove any account without advanced notice for any reason without
restitution as ManageMyHosting sees fit.
ACCOUNT ACTIVATION:
By activating your account with ManageMyHosting, you agree to the above policies
and disclaimer. Upon requesting an account activation, you are required to
accept these policies, guidelines, and disclaimer and a copy of your acceptance
is forwarded along with your activation request to be maintained within your
account information. If after the 30 day money back guarantee and you decide to
cancel you will not be entitled to a refund of the remaining monies on your
account. Please close your account when your payment date is almost complete.
VIOLATIONS OF ACCEPTABLE USE POLICY:
ManageMyHosting will take any one or more of the following actions on
notification of violation of AUP, these may change depending on severity of
situation, timeframe of notification given and previous violations:
- Issue written or verbal warnings via e-mail, support issue, telephone call,
mail
- Disable access to service temporarily for Customer
- Terminate customer's service
- Remove violating content
- Remove DNS for account
- Block outgoing e-mail
REPEAT VIOLATIONS:
If violation happens repeatedly service will be terminated with no refund given
and a $100 fee will be accessed to customer for time taken to investigate all
violations.
NOTICE:
If you sign up for an account and do not follow our terms. No refunds will be
given. We will however let you know by email or phone before any action is taken
and you will have a chance to solve the matter.
ManageMyHosting retains the right to change any or all of the above Policies,
Guidelines, and Disclaimer without notification.
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