Acceptable Use Policy
Lowest Host/Empire Technology Acceptable
Use Policy ("AUP") is provided to give our customers a clear understanding
of what Empire Hosting expects of them while using the service.
All users must comply with this AUP and our TOS (Terms of Service).
1.) 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,
newsgroups, or other material created or accessible over or through
the services, except for certain proprietary Web sites. However,
in accordance with our TOS (Terms of Service), we may remove any
materials that, in our sole discretion, may be illegal, may subject
us to liability, or which may violate this AUP. Empire Hosting
may cooperate with legal authorities 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 your Empire Hosting account WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understand of Empire
Hosting's Acceptable Use Policy. The following are guidelines
for the establishment and enforcement of Empire Hosting's 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 laws
- Preserve the value of the Internet as
a source for free expression and exchange of information
- Preserve the privacy and security of individual
users
Lowest
Host/Empire Technology intends
to provide its customers access to everything the Internet has
to offer. While web Hosting is firmly committed to the principles
of free speech, certain activities that may be damaging to the
resources of both the Empire Hosting and the Internet and cannot
be permitted under the guise of free speech. The resources of
the Empire Hosting and the Internet are limited, and abuse of
these resources by one user has a negative impact on the entire
community.
You may not use your account if Lowest
Host/Empire Technology determines,
at its sole discretion, to be unlawful, indecent or objectionable.
For purposes of this policy, "material" refers to all forms of
communications including narrative descriptions, graphics (including
photographs, illustrations, images, drawings, logos), executable
programs, video recordings, and audio recordings. NO ADULT orientated
material may be stored on your account.
If a Empire Hosting account is used to violate the Acceptable
Use Policy or our TOS, 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 our ABUSE
DEPT.
VIOLATIONS OF Empire Hosting ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
- Illegal use: Empire Hosting's services
may not be used for illegal purposes, or in support of illegal
activities. Empire Hosting 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 Empire Hosting
service to harm, or attempt to harm, minors in any way, including,
but not limited to child pornography.
- Threats: Use of the Empire 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 Empire Hosting
service to transmit any material (by e-mail, uploading, posting
or otherwise) that harasses another.
- Fraudulent activity: Use of Empire 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 (SPAM) Use of the Empire 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 Empire Hosting account.
- E-mail / News Bombing: Malicious intent
to impede another person's use of electronic mail services
or news will result in the immediate termination of the offending
Empire Hosting account.
- E-mail / Message Forging: Forging any
message header, in part or whole, of any electronic transmission,
originating or passing through the Empire Hosting service
is in violation of this AUP.
- Usenet/message board SPAMing: Empire 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 newsgroups or mailing list or that are
solicited by the recipients are permitted.
- Unauthorized access: Use of the Empire
Hosting service to access, or to attempt to access, the accounts
of others, or to penetrate, or attempt to penetrate, security
measures of Empire Hosting'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 Empire Hosting account is subject to immediate
termination.
- Copyright or trademark infringement: Use
of the Empire 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
Empire 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 Empire Hosting service for any activity which affects
the ability of other people or systems to use Empire 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. Empire 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 Empire Hosting services could result
in suspension service.
- Third Party Accountability: Empire 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.
- Unacceptable material on all Shared, Reseller and Dedicated Servers include:
host illegal adult content, including, but not limited to, child pornography.
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts
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.
- Sharing your password and account access
with unauthorized users is prohibited. You should take care
to prevent others from using your account since you will be
held responsible for such use.
- Using Your Account as A storage device
Your Web Hosting Account is For Web Hosting purposes Only
- Attempting to obtain another user's account
password is strictly prohibited, and may result in termination
of service.
- 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.
- Use
Of IRC Bots or setting up of IRC software (other than what
is preinstalled ) is strictly prohibited on a shared hosting
account (Dedicated servers different rules apply please inquire
first).
- Users who violate systems or network security
may incur criminal or civil liability. Empire 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.
Lowest
Host/Empire Technology 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 Empire Hosting systems or networks. Empire
Hosting reserves the right to terminate or limit such activities.
Exceptions
to above Dedicated server clients are not restrictedCPU
time, memory, disk space and session time.
REPORTING VIOLATIONS OF Empire Hosting AUP Empire
Hosting requests that anyone who believes that
there is a violation of this AUP direct the information
to the Abuse Department at HERE.
If available, please provide the following information:
- The IP address 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.
Empire Hosting may take any one or more of the following actions
in response to complaints:
- Issue written or verbal warnings
- Suspend the Member's account
- Terminate the Member's account
- Bill the Member for administrative
costs discussed below.
- Bring legal action to enjoin violations
and/or to collect damages, if any, cause by violations
If you Violate of our TOS/AUP and your account is terminated you
are not entitled to any refund as you entered a binding contract
which you willfully violated
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