Acceptable Usage Policy ________ Last Revision: 19-08-2020
This document sets forth the principles, guidelines and requirements of the Acceptable Use Policy of SmartitHost and its subsidiaries (‘Company’) governing the use by the Customer (‘Customer’) of the Company’s grid container services and products (‘Services and Products’). SmartitHost is dedicated to providing top quality service at a very affordable price. The conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical responsibilities. For over a decade we’ve been cutting through the frustration of under-performing technology and poor service, delivering the power of the web to any organization that needs it. Any violation of the AUPs may result in the suspension or termination of your account or such other action as SmartitHost deems appropriate. We reserve the right to modify the Policy at any time. SmartitHost will be the sole arbiter as to what constitutes a violation of any of these provisions.
Statement of Purpose
The Primary Purpose of SmartitHost is to provide our clients with the resources necessary to put their internet services online reliably in a lightning-fast, high availability environment that responds quickly to each client’s individual needs. This Acceptable Use Policy includes the following list of Prohibited Activities, is an integral part of your Hosting Agreement with us. If you engage in any of the activities prohibited by this AUP policy, SmartitHost may suspend or terminate your account at any time. We will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected.
Regarding Ultimate Liability
The Customer is ultimately responsible for individual server security. Each Customer must use reasonable care in keeping scripts they run on the SmartitHost’s servers up-to-date and patched with the latest security updates. Failure to use reasonable care to protect your account may result in a security compromise by outside sources. SmartitHost claims no liability for the content.
What is NOT Permitted, this list contains SOME examples for clarity:
SmartitHost’s services may only be used for lawful purposes. Users may not use SmartitHost’s Services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:
● Utilizing the Services to send mass unsolicited e-mail to third parties.
● Utilizing the Services to be involved in the distribution of tools designed for the aiding of unsolicited bulk email.
● Utilizing the Services in connection with any illegal activity, such as:
> Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
> Pirated Software/Warez
> Bruteforce Programs/Scripts/Applications
> Mail Bombers/Spam Scripts
> File Dump/Mirror Scripts (similar to rapidshare)
> Hateful/Racist/Harassment oriented sites
> Hacker focused sites/archives/programs
> Sites promoting illegal activities
> Forums and/or websites that distribute or link to warez/pirated/illegal content
● Copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization.
● Misappropriate or infringe the patents, copyrights, trademarks, or other intellectual property rights of any third party.
● Gain unauthorized access to the computer networks of SmartitHost or any other person.
● Commercial Audio Streaming (more than 10+ streams)
● Distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt, destroy or damage the operation of the Services.
● Proxy Scripts/Anonymizers.
● Violate any applicable state, federal and international law.
● IRC Scripts/Bots. This includes, but is not limited to, the use of IRC clients, server software, bots or anything related to IRC.
● Post messages, run scripts or run software programs that consume excessive CPU time or storage space.
● Escrow/Bank Debentures.
● Intended to use more than fair usage of DiskSpace / Bandwidth / Memory to disrupt service.
● Sale of any controlled substance without prior proof of appropriate permit(s).
Customer Responsibility for Customer’s Users
Each SmartitHost customer is responsible for the activities of its users and, by accepting service from SmartitHost, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of a SmartitHost customer will be forwarded to the SmartitHost customer’s postmaster for action. If violations of the SmartitHost Acceptable Use Policy occur, SmartitHost reserves the right to terminate services with or take action to stop the offending customer from violating our AUP as SmartitHost deems appropriate, without notice.
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward SmartitHost, but also because it can overload SmartitHost network and disrupt service to SmartitHost subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, SmartitHost will investigate and shutdown the account that is spamming.
SmartitHost does not allow the use of mail servers for bulk mailing in any form, newsletters and or subscription lists may be used with prior authorization from SmartitHost and under no circumstances are you permitted to send out any form of bulk emails on behalf of another person, company or other.
You agree not to use weak passwords for any services running on standard ports, if your server is compromised as a result of a weak password your service will be suspended without warning, for a password to be considered acceptable it must contain at least 1 x special character 1 x Upper case letter 1 x lower case letter 1 number.
SmartitHost allows 18+ adult content that is deemed legal in the Country and state your Services are located in. Child Porn not allowed. SmartitHost reserves the right to request and or remove any content it deems illegal or offense.
If SmartitHost learns of a violation of the AUP, then SmartitHost may take any of the following actions, in accordance with the severity and duration of the violation:
● Warning the User.
● Removing the offending content.
● Suspending the offending User from the Services.
● Terminating the offending User from the Services.
● Imposing fees or charges on the offending account in accordance with the applicable service contract.
● Taking other actions in accordance with this AUP, the applicable service contract, or applicable law.
Refusal of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion. An example of refusal of service is if an account continues to abuse our policies after warnings. Refusal, cancellation or suspension of services especially holds true to issues with spam or any script abuse. Another example of refusal of service is if a customer becomes very unreasonable, unprofessional, extremely difficult to work with or threatening. Said customer’s account will be suspended and we will recommend to the customer to find a new host. A backup of the account(s) will be provided.