1st Amendment Hosting's Acceptable Use Policy ("AUP") is provided to give our
customers and users a clear understanding of what 1st Amendment Hosting expects of them
while using the service. All users of 1st Amendment Hosting's Internet services:
those who access some of our Services but do not have accounts, as well as
those who pay a service fee to subscribe to the Services, must comply with this
AUP and our TOS (Terms of Service).
Use of 1st Amendment Hosting Service constitutes acceptance and agreement to
1st Amendment Hosting's AUP as well as 1st Amendment Hosting's TOS (Terms of Service)
IMPORTANT NOTICE: *All Payments To 1st Amendment Hosting Are
Non-Refundable*
We support the total 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. 1st Amendment 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 either your 1st Amendment Hosting account or other
actions as detailed in Section 3 WITHOUT PRIOR NOTICE.
Acceptable Use Policy. The following are guidelines for the establishment and
enforcement of 1st Amendment 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 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
1st Amendment Hosting intends to provide its customers access to everything the
Internet has to offer. While 1st Amendment Hosting is firmly committed to the
principles of absolute free speech, certain activities that may be damaging to the
resources of both 1st Amendment Hosting and the Internet and cannot be permitted
under the guise of free speech. The resources of 1st Amendment 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.
You may not use your virtual site to publish material, which 1stamendment-hosting.com
determines, at its sole discretion, to be unlawful. 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.
If a 1st Amendment 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
abuse@1stamendment-hosting.com.
VIOLATIONS OF 1st Amendment Hosting ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
Illegal use: 1st Amendment Hosting's services may not be used for illegal
purposes, or in support of illegal activities. 1st Amendment 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 1st Amendment Hosting service to harm, or attempt
to harm, minors in any way, including, but not limited to child pornography.
Threats: Use of the 1st Amendment Hosting service to transmit any material
(by e-mail, uploading, posting or otherwise) that threatens bodily harm or
destruction of property.
Harassment: Use of the 1st Amendment Hosting service to transmit any
material (by e-mail, uploading, posting or otherwise) that harasses another.
Fraudulent activity: Use of 1st Amendment 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
infrmation 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 1st Amendment 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 1st Amendment Hosting account.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone websites that support spammers or cause
any of our space to be listed in any of the various Spam Databases will have
their account immediately removed from our network. Severe violations may result
in immediate and permanent removal of the account from our server without
notice to the customer. Any acount guilty of a second violation WILL be
immediately and permanently removed from our network without notice.
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 1st Amendment Hosting account.
E-mail / Message Forging: Forging any message header, in part or whole,
of any electronic transmission, originating or passing through the 1st Amendment Hosting service is in violation of this AUP.
Usenet SPAMing: 1st Amendment 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 1st Amendment Hosting service to access, or
to attempt to access, the accounts of others, or to penetrate, or attempt to
penetrate, security measures of 1st Amendment 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 1st Amendment Hosting account is
subject to immediate termination.
Copyright or trademark infringement: Use of the 1st Amendment 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 1st Amendment 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 1st Amendment Hosting service for any activity which affects the ability of other people or
systems to use 1st Amendment 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. 1st Amendment 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 1st Amendment Hosting
services could result in suspension service.
Third Party Accountability: 1st Amendment 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.
Violation Of 1st Amendment Hosting Virtual Accounts: It is absolutely for
bidden to host pornographic content or IRC servers on Virtual Server Accounts.
Accounts found hosting this material will be subject to immediate cancellation
without refund.
IRC networks: It is absolutely forbidden to host an IRC server that is
part of or connected to another IRC network or server. Web accounts found to
be connecting to or part of these networks will be immediately removed from our
network without notice. The account will not be reconnected to the network
until such time that you agree to completely remove any and all traces of the
irc server, and agree to let us have access to your account to confirm that the
content has been completely removed. Any server guilty of a second violation
will result in immediate account termination.
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.
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.
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.
Users who violate systems or network security may incur criminal or
civil liability. 1st Amendment 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
1st Amendment 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 1st Amendment Hosting systems or networks. 1st Amendment Hosting reserves the right to terminate
or limit such activities.
REPORTING VIOLATIONS OF 1st Amendment Hosting AUP
1st Amendment Hosting requests that anyone who believes that there is a violation
of this AUP direct the information to the Abuse Department at
abuse@1stamendment-hosting.com.
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. 1st Amendment Hosting may take any one or more of the following
actions in response to complaints:
Issue written or verbal warnings
Suspend the Member's newsgroup posting privileges
Suspend the Member's account
Terminate 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
1st Amendment Hosting reserves the right to revise, amend, or modify this AUP, our
TOS (Terms of Service) 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 our TOS (Terms of Service).
IMPORTANT NOTICE: *All Payments To 1st Amendment Hosting Are Non-Refundable*
1st Amendment Hosting, Inc. ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of 1st Amendment Hosting Service constitutes acceptance and agreement to 1st Amendment Hosting's AUP as well as 1st Amendment Hosting's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of 1st Amendment Hosting, Inc. and AUP (Acceptable Use Policy). 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.
This Agreement shall be construed in all respects in accordance with the laws of the United States
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. In addition 1st Amendment Hosting shall have the right to terminate all service set forth in this Agreement.
Service Rates: 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 promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service.
Payments and Fees: Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $50 reconnect charge. Accounts not paid by due date are subject to a $5.00 late fee. Accounts that are not collectable by 1st Amendment Hosting may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
Refund and Disputes: All payments to 1st Amendment Hosting, Inc. are nonrefundable. This includes subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in 1st Amendment Hosting's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay 1st Amendment Hosting an "Administrative Fee" of not less than $50 and not more than $150.
Failure to Pay: 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.
Account Cancellation: Requests for canceling accounts may be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to:
1st Amendment Hosting Attn: Cancellations
Post Office Box 55
Maple Shade, New Jersey 08052
1st Amendment Hosting's preferred method of cancellation is via email to cancels@m1stamendment-hosting.com.
You must have all account information to cancel.
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 or injury.
New Domain Accounts: All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by 1st Amendment Hosting, Inc. on behalf of the account holder a handling fee will be incurred.
Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to 1st Amendment Hosting, Inc. 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 1st Amendment Hosting, Inc. 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.
SPAM and Unsolicited Commercial Email (UCE): 1st Amendment Hosting takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of 1st Amendment Hosting may not use or permit others to use our network to transact in UCE. Customers of 1st Amendment Hosting may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Violation of 1st Amendment Hosting's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, 1st Amendment Hosting will initiate an immediate investigation (within 48 hours of notification). During the investigation, 1st Amendment Hosting may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, 1st Amendment Hosting may, at its sole discretion, restrict, suspend or terminate customer's account. Further, 1st Amendment Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. 1st Amendment Hosting will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that 1st Amendment Hosting personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
As our Customers are ultimately responsible for the actions of their clients over the 1st Amendment Hosting network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
Network
Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). 1st Amendment Hosting will monitor Customer's bandwidth and disk usage. 1st Amendment Hosting shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in 1st Amendment Hosting's sole and absolute discretion. If 1st Amendment Hosting takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, 1st Amendment Hosting may, at its sole discretion, collect a deposit, in an amount determined by 1st Amendment Hosting, against customer's credit card on file with 1st Amendment Hosting.
System and Network Security: Users are prohibited from violating or attempting to violate the security of the 1st Amendment Hosting Network. Violations of system or network security may result in civil or criminal liability. 1st Amendment Hosting will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Taking any action in order to obtain services to which such User is not entitled.
Notification of Violation:
1st Amendment Hosting is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
First violation: Any User, which 1st Amendment Hosting determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at 1st Amendment Hosting's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
Second Violation: Users that 1st Amendment Hosting determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
Suspension of Service or Cancellation: 1st Amendment Hosting reserves the right to suspend network access to any customer if in the judgment of the 1st Amendment Hosting network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which 1st Amendment Hosting chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
1st Amendment Hosting reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of 1st Amendment Hosting must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.
Indemnification: 1st Amendment Hosting wishes to emphasize that in agreeing to the 1st Amendment Hosting Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies 1st Amendment Hosting for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to 1st Amendment Hosting or the bringing of any claim against 1st Amendment Hosting by any third-party. This means that if 1st Amendment Hosting is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against 1st Amendment Hosting, plus all costs and attorney's fees.
Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
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.
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. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
1st Amendment Hosting takes no responsibility for any material input by others and not posted to the 1st Amendment Hosting Network by 1st Amendment Hosting. 1st Amendment Hosting is not responsible for the content of any other websites linked to the 1st Amendment Hosting Network; links are provided as Internet navigation tools only. 1st Amendment Hosting disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
1st Amendment Hosting is not responsible for any damages your business may suffer. 1st Amendment Hosting does not make implied or written warranties for any of our services. 1st Amendment Hosting denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by 1st Amendment Hosting.
It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
Responsibility for Content: You, as 1st Amendment Hosting's customer, are solely responsible for the content stored on and served by your 1st Amendment Hosting server.