Agreeing to Server Balance Acceptable Use Policy and Terms of Service is mandatory for Hosting signing up or using our services. Please make sure you read everything. The following rules apply to sites you host with Server Balance
Acceptable Use Policy
Introduction
During the term of its agreement with Server Balance, the customer must ensure that the use of any resource offered to the customer or owned or controlled by Server Balance ("Service") conforms with Server Balance's then current Acceptable Use Policy ("AUP"). Server Balance may modify, without prior notice, the AUP as Server Balance deems appropriate; such modified AUP is effective upon posting on Server Balance's website.
Responsibility
You are responsible for your sites and all sites that you host to be in accordance with all rules on this page. Misuse by you may result in actions on your account, including removal from the host without a refund.
Inappropriate Use
The Service must not be used to publish, post, distribute or otherwise disseminate unlawful material or information including, but not limited to: threatening, harassing, defamatory, obscene, or fraudulent information and materials, or proprietary, copyrighted, or otherwise intellectually protected information and materials for which Customer does not have authorization or authority to possess or distribute. The Service must not be used to request unlawful services or materials. The Service must not be used for activities Server Balance deems to impact its customers or its ability to deliver services to its customers. Such activities may include, but are not limited to:
Obscene Speech or Materials
The distribution of child pornography or any obscene, abusive, defamatory or threatening speech or material. You may not host any site containing adult oriented content, including nudity of any kind. Portal sites linking directly to adult oriented content are also not acceptable.
Intellectual Property Infringement
Any activity infringing on the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, and patents.
Spamming
Sending unsolicited commercial bulk email ("UCE"), news postings or chain letters; advertising transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate sending UCE; use of web pages that allow "spam"ing (known as "ghost sites") that directly or indirectly refers to domains or IP addresses hosted by Server Balance. Server Balance reserves the right to determine in its sole discretion what constitutes UCE based on the information available. Sending any email to purchased lists or lists obtained by any other method (such as harvesting) is not acceptable. Customers may ony send email to recepients who have joined mailing lists directly from their site.
Maintaining an Open Email Relay
Allowing email to be sent through Customer's system by a third party (i.e. neither to nor from Customer or Customer's accounts).
Fraud
Using a false identity; using pyramid/ponzi scheme; storage or transmission of any intentionally incorrect data or packet.
Virus, Worm, or Trojan horse program distribution
The deliberate transmission of computer viruses, worms or trojan software.
Denial of Service
Using any technique to intentionally degrade or disable the delivery of any legitimate data.
Glutting of servers
Oversized storage of any files that would be unreasonably large (ie. making a zip file filled with text files just to pad the size). Again, your webspace is not for data back up. It is only for hosting real sites.
Unauthorized Access
Attempting to gain unauthorized entry to any site or network, or any network or host scanning, probing, monitoring or other information gathering associated with such activity; using the Service to guess passwords.
Applications
Customer may not run any program or script on the server that runs constantly or 'listens' on ports unless provided in the control panel. This includes applications associated with chat services.
Public Forums
Inappropriate postings to newsgroups, chat rooms, electronic bulletin boards and any other public forum on, or using, the Service.
Customer Responsibilities
Bulk Email
Customers sending bulk email must provide recipients with an easy and effective mechanism for removal from bulk email list. Customer must include the source of the addressee's address in each bulk email message.
CPU Usage
Sites may not use extreme unwarranted CPU usage. This includes usage of "heavy" scripts or Flash/shockwave files. By heavy we mean oversized without cause, to the point where most users would be unable to view them in a reasonable amount of time. No single site may consume 30% of CPU usage for a sustained period of time.
Service Resale
Customer may not resell the Service or any portion of the Service unless under a Reseller plan or VPS plan.
Password Protection
Customer is responsible for protecting passwords and for any authorized or unauthorized use.
Music Files
Customer may not with out permission have sound/video files in any format (MP3, ASX, ASF, RA, RAM , QTV) due to the high rate of illegal transfer of copywritten material.
Content Protection
Customer agrees to provide appropriate protection to prevent minors (persons under 18 years of age) from accessing any unsuitable material that Customer publishes via any Service.
Content Ownership
Customer is responsible for all content or information residing on, or obtained, or transmitted via, the Service, regardless of whether such use is by Customer.
File repository /Dump Sites
Customer may not use disk space as a file repository, or dump site. This includes but is not limited too; warez, serialz, sound files, applications, zip files. This includes using the space in order to store content used on other sites (remote linking) . Examples of this would be using the web space to store images for auction descriptions, flash or any other files used on another site but stored on our server.
Free Email / Hosting Sites
We do not permit the free giving of POP email accounts or the issuing of free hosting. This includes near free (1 penny per year for instance).
Facilitating AUP Violation
Customer activity that facilitates the violation of this AUP by any party constitutes a violation of this AUP by Customer.
AUP Enforcement
Violation of the AUP may subject Customer to international, federal, and/or state civil and/or criminal liability, including without limitation, Ohio Business & Professional Code. Server Balance reserves the right in its sole discretion and without prior notice to suspend and/or terminate Customer's access to the Service at any time for violating this AUP. Server Balance also reserves the right to suspend, filter or block, and/or terminate Customer's access if Customer's account is being used to exploit or attack the Service or the networks of others. If Customer's account has been compromised and attempts to reach Customer and/or to have Customer repair a breach of security fail, Server Balance reserves the right to suspend or terminate Customer's service. If Customer's access is suspended or terminated, Server Balance, in its sole discretion, may refuse to accept all new e-mail sent to the terminated e-mail address and delete Customer's data stored on Service. Server Balance will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.
Violation of Rules
Breaking any of these aforementioned rules may result in immediate account suspension with out refund, as well as criminal prosecution where deemed necessary.
LIMITATION OF LIABILITY: Server Balance (Server Balance) shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from servers going off-line or being unavailable for any reason whatsoever. Further, Server Balance (Server Balance) 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 Server Balance (Server Balance) servers. All damages shall be limited to the immediate termination of service. Server Balance (Server Balance) shall be the sole arbiter of what is and is not a violation of these acceptable use policies. Server Balance (Server Balance) reserves the right to terminate an account at any time and for any reason that causes harm to any customer's web sites. Server Balance (Server Balance ) reserves the right to delete all content and files upon termination. Server Balance (Server Balance) reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. Server Balance (Server Balance) reserves the right to refuse, cancel, or suspend service at our sole discretion. Server Balance (Server Balance) reserves the right to change these Policies without prior notice or warning. Non-enforcement of any part of these Policies does not constitute consent.
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