ACCEPTABLE
USE POLICY
Introduction
RH Hosting, (Formerly RedHummer.Com & Redhummer.Net) Acceptable Use Policy ("AUP") is
provided to give our customers and users a clear understanding of what RH
Hosting expects
of them while using the service. Use of RH Hosting Service constitutes acceptance and agreement to
RH Hosting Internet's AUP as well as
RH Hosting Terms and Conditions.
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, or other material created or accessible over or through the
services. However, in accordance with our Terms
& Conditions, we may remove any materials that, in our sole discretion,
may be illegal, may subject us to liability, or which may violate this AUP.
RH 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 domain account..
This AUP should be read in conjunction with our Terms
& Conditions and other policies.
This document is intended to provide a basic understand of RH Hosting Acceptable
Use Policy. The following are guidelines for the establishment and enforcement
of RH 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
RH Hosting
intends to provide its customers access to everything the
Internet has to offer. While RH Hosting is firmly
committed to the principles of free speech, certain activities are damaging to
the resources of both RH Hosting and the Internet
and cannot be permitted under the guise of free speech. The resources of RH
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.
If a RH Hosting account is used to violate the Acceptable
Use Policy, 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 sales@rhhosting.
VIOLATIONS OF RH HOSTING INTERNET ACCEPTABLE USE POLICY
The
following constitute violations of this AUP:
- Illegal
use. Use of the RH Hosting service to transmit any material (by
e-mail, uploading, posting or otherwise) that, intentionally or
unintentionally, violates any applicable local, state, national, or
international law, or any rules or regulations promulgated thereunder.
- Harm
to minors. Use of the RH Hostingt service to harm, or attempt to
harm, minors in any way, including, but not limited to child pornography.
- Threats.
Use of the RH 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 RH Hosting service to transmit any material (by e-mail,
uploading, posting or otherwise) that harasses another.
- Fraudulent
activity. Use of RH 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 information is prohibited. The use of anonymous remailers or
nicknames does not constitute impersonation.
- Unsolicited
commercial e-mail / Unsolicited bulk e-mail Use of the RH 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 RH Hosting account.
- E-mail
/ News Bombing: Malicious intent to impede another person's use of
electronic mail services or new media will result in the immediate
termination of the offending RH Hosting account.
- E-mail
/ Message Forging: Forging any message header, in part or whole, of any
electronic transmission, originating or passing through the RH Hosting service is in violation of this AUP.
- Usenet
Spamming: RH 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 RH Hosting service to access, or to attempt to
access, the accounts of others, or to penetrate, or attempt to penetrate,
security measures of RH 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 RH
Hosting account is subject to immediate termination.
- Copyright
or trademark infringement. Use of the RH 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.
- Collection
of personal data. Use of the RH 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 RH Hosting service for any activity which affects the ability of other people or
systems to use RH 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. RH 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.
- 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.
- Inappropriate
Use of Software: Use of software or any device that would
facilitate a continued connection, i.e. pinging, while using RH Hosting services
could result in suspension service.
- Third
Party Accountability: RH 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.
Security
You are
responsible for any misuse of your account, even if the inappropriate activity
was committed by a 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.
- 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. RH 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
RH
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
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 RH
Hosting systems or networks. RH Hosting reserves the
right to terminate or limit such activities.
- You
may not employ automated electronic or mechanical processes designed to
defeat network inactivity time-outs. Such tools include, but are not
limited to, use of an auto-dialer and repetitive pinging of a host.
REPORTING VIOLATIONS OF RH
HOSTING AUP
RH
Hosting
requests that anyone who believes that there is a violation of this AUP direct
the information to the Abuse Department at abuse@rhhosting.com
If
available, please provide the following information:
- The
IP address and or Domain Name 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. RedHummer.Com/Net may take any one or more of the following
actions in response to complaints:
- Issue
written or verbal warnings
- Suspend
the Member's account
- Terminated
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
REVISIONS TO THIS ACCEPTABLE USE POLICY
RH
Hosting reserves the right to revise, amend, or modify this AUP, our Terms
and Conditions 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 the Terms and Conditions.
TERMS AND CONDITIONS
Use of RH
Hostingt Service constitutes
acceptance and agreement to RH
Hosting AUP
as well as RH
Hosting Terms and Conditions.
1. All provisions of this contract are subject to the terms and conditions of RH
Hosting Acceptable Use Policy (AUP). The AUP
may be changed from time to time at the discretion of the Company. Subscriber
understands that change to the AUP by the
Company shall not be grounds for early contract termination or non-payment
2. Disclosure to law enforcement. The AUP
specifically prohibits the use of our service for illegal activities. Therefore,
Subscriber agrees that the Company may disclose any and all subscriber
information including assigned IP numbers, account history, account use, etc. to
any law enforcement agent who makes a written request without further consent or
notification to the Subscriber.
4. Subscriber acknowledges that the nature of the service furnished and the
initial rates and charges have been communicated to Subscriber. Subscriber is
aware that the Company may prospectively change the specified rates and charges
from time to time. The fee of $10 per Domain is contingent upon Company
achieving and maintaining its cost of service goals including but not limited to
rates charged to company by its suppliers.
5. Establishment of this service is dependent upon receipt by the Company of
payment of stated charges. Subsequent payments are due on the first of the
month for that periods service.
6. The Company may temporarily deny service or terminate this Agreement upon the
failure of Subscriber to pay charges when due. Such termination or denial will
not relieve Subscriber of responsibility for the payment of all accrued charges,
plus reasonable interest and any collection fees.
7. SUBSCRIBER ACKNOWLEDGES THAT THE SERVICE PROVIDED IS OF SUCH A NATURE THAT
SERVICE CAN BE INTERRUPTED FOR MANY REASONS OTHER THAN THE NEGLIGENCE OF THE
COMPANY AND THAT DAMAGES RESULTING FROM ANY INTERRUPTION OF SERVICE ARE
DIFFICULT TO ASCERTAIN. THEREFORE, SUBSCRIBER AGREES THAT THE COMPANY SHALL NOT
BE LIABLE FOR ANY DAMAGES ARISING FROM SUCH CAUSES BEYOND THE DIRECT AND
EXCLUSIVE CONTROL OF THE COMPANY. SUBSCRIBER FURTHER ACKNOWLEDGES THAT THE
COMPANY'S LIABILITY FOR ITS OWN NEGLIGENCE MAY NOT IN ANY EVENT EXCEED AN AMOUNT
EQUIVALENT TO CHARGES PAYABLE BY SUBSCRIBER FOR SERVICES DURING THE PERIOD
DAMAGES OCCURRED. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL OR
CONSEQUENTIAL DAMAGES, LOSS OF DATA OR INJURY.
8. A waiver by the Company of any breach of any provision of this Agreement by
Subscriber shall not operate as or be construed as a continuing or subsequent
waiver thereof or as a waiver of any breach of any other provision thereof.
9. Subscriber shall not transfer or assign this Agreement without the prior
written consent of the Company. Company may assign Agreement at anytime without
consent from or notice to Subscriber.
10. This Agreement shall be construed in all respects in accordance with the
laws of the state of Texas, county of Harris applicable to contracts enforceable
in that state. Venue will be Harris County, Texas
11. Checks and ACH Drafts returned for any reason are subject to a $25.00
returned item charge and may be subject to a $25.00 handling/collection fee.
Credit cards that are declined for any reason are subject to a $1.00 declination
fee. Service will be interrupted on accounts that reach 60 days past due.
Service interrupted for nonpayment is subject to a $25.00 reconnect charge.
Accounts not paid by due date are subject to a $5.00 late fee. Accounts that are
not collectable by RedHummer.Com/Net may be turned over to an outside collection
agency for collection.
12. Company reserves right to cancel customers rights under this contract at
anytime without further obligation.
13. New Domain Accounts: All new web hosting accounts involving new domains will
be set up and entered into our DNS servers within 3 to 5 business days. Due to
unforseen complications, however, this process may sometimes require up to 7
business days.
14.Transfer of Domains: New webhosting accounts which involve the transfer of a
domain from another provider to RH
Hosting will require a minimum
of seven (7) days to be set up and entered into our DNS servers. In some cases,
such transfers may take up to sixty (60) days. Due to the unpredictable nature
of the transfer process, no guarantees are made regarding the amount of time a
specific transfer may take. If the transfer of the domain is done by RH
Hosting on behalf of the account holder a handling fee will be
incurred. If the customer cancels service during the transfer period for any
reason, all charges are considered earned.
16. All payments to RH
Hosting are nonrefundable beyond the 30 days of
service. This includes the one time setup fee and subsequent charges regardless
of usage. All overcharges or billing disputes must be reported within 90 days of
the time the dispute occurred.
17. All requests for canceling accounts must be
made in writing or an email (sent to RH
Hosting attn.:billing/cancellations, P.O. Box
682044, Houston TX 77268-2044). You must have all account
information to cancel.
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