Acceptable Use Policy

IGXHost.com

IGXHost.com
Acceptable Use Policy

This AUP governs the use of IGXHost.comís web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and IGXHost.com regarding the interpretation of this AUP, IGXHost.comís interpretation, in its reasonable commercial judgment, shall govern. This Agreement governs Customerís use of IGXHost Web hosting services (including but not limited to shared hosting, reseller hosting, business hosting, proxy hosting, and enterprise reseller hosting plans.. Please report any known violations to abuse@IGXHost.comIf you have any questions regarding this AUP, contact general@igxhost.com.

Table of Contents
Offensive Content
Security
Bulk Commercial E-Mail
Unsolicited E-Mail
Material Protected by Copyright
Copyright Infringement Notice
Other
Disclaimer
Internet Abuse
Newsgroup, Chat Forums, Other Networks


Offensive Content

You may not publish or transmit via IGXHost.comís service any content that IGXHost.com reasonably believes:

» constitutes child pornography;
» constitutes pornography;
» is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
» is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
» is defamatory or violates a personís privacy;
» creates a risk to a personís safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
» improperly exposes trade secrets or other confidential or proprietary information of another person;
» is intended to assist others in defeating technical copyright protections;
» clearly infringes on another personís trade or service mark, patent, or other property right;
» promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
» is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to IGXHost.com; or
» is otherwise malicious, fraudulent, or may result in retaliation against IGXHost.com by offended viewers.
Content ďpublished or transmittedĒ via IGXHost.comís service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by IGXHost.com.

Security

You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.

Bulk Commercial E-Mail

You must obtain IGXHost.comís advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to IGXHost.comís reasonable satisfaction:

» Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
» Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
» You retain evidence of the recipientís consent in a form that may be promptly produced on request, and you honor recipientís and IGXHost.comís requests to produce consent evidence within 72 hours of receipt of the request.
» The body of the e-mail must describe how the e-mail address was obtained, for example, ďYou opted in to receive this e-mail promotion from our Web site or from one of our partner sites,Ē and information on how to request evidence of the consent, for example, ďIf you would like to learn more about how we received your e-mail address please contact us at abuse@igxhost.com.
» You have procedures in place that allow a recipient to easily revoke their consent Ė such as a link in the body of the e-mail, or instructions to reply with the word ďRemoveĒ in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;
» You must have a Privacy Policy posted for each domain associated with the mailing;
» You have the means to track anonymous complaints;
» You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the ďTOĒ line of the e-mail; and
» You otherwise comply with the CAN SPAM Act and other applicable law.
These policies apply to messages sent using your IGXHost.com service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your IGXHost.com service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.
IGXHost.com may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.

Unsolicited E-Mail

You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it. You must comply with the rules of any other network you access or participate in using your IGXHost.comís services.

"Unsolicited E-mail Complaint" is an occurrence of a third-party complaint regarding a specific E-mail communication message sent by You. "Unsolicited E-mail Incident" is an occurrence of a single E-mail message which may have been sent to multiple E-mail addresses. An Incident may contain numerous Complaints. Incidents may contain Complaints received up to 24 hours after the first. After 24 hours, a new Incident will be opened. "IP Black Listing" is an occurrence when a third party black listing service determines that a SingleHop issued IP address is a frequent source of Unsolicited E-mail. Black Listings result in the IP address (or multiple IP addresses in the same "IP range") are unable to send E-mail to certain third parties.

IGXHost considers any attempt to send Unsolicited E-mail Messages or other forms of Spam E-mail (including "Spamvertising" other websites or services or products) to be violations of this Agreement.

To help reduce the overall Unsolicited E-mail problem, IGXHost has put into place the following 3-Strike Policy: For every Unsolicited E-mail Incident, IGXHost will assess a penalty of $25.00 per verified Incident and a penalty of $200 for the first instance of IP Black Listing and $400 for the second instance of IP Black Listing (collectively, the "Penalties".) For each $25.00 Unsolicited E-mail Incident Penalty, you will be issued one strike. For your first IP Black Listing Incident, you will be issued one strike. For your second IP Black Listing Incident, you will be issued two strikes. On your third strike, IGXHost reserves the right to terminate your service with or without warning . If your service is terminated under the Unsolicited E-mail Policy then you forfeit all fees paid, including pre-paid fees and unused time. All fees paid become non-refundable. Further, account termination does not absolve or nullify Penalty payments you may owe to IGXHost. Further, you may accumulate additional Penalties based on complaints received after your termination. This section of the Agreement will survive for a period of one year after this agreement is terminated.

Material Protected by Copyright

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

» you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
» you are otherwise permitted by established United States copyright law to copy the work in that manner.

IGXHost.com will terminate the service of repeat copyright infringers.

Copyright Infringement Notice (Digital Millennium Copyright Act)

If you believe your copyright is being infringed by a person using the IGXHost.com network, please send your written notice of copyright infringement to: abuse@igxhost.com
Your notice must include the following:
» A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
» Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;
» Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit IGXHost.com to locate the material;
» Information reasonably sufficient to permit IGXHost.com to contact you, such as an address, telephone number, and, if available, an e-mail address;
» A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright ownerís agent, or the law;
» A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Other

You must have valid and current information on file with your domain name registrar for any domain hosted on the IGXHost.com network.

Disclaimer

IGXHost.com is under no duty, and does not by this AUP undertake a duty, to monitor or police our customersí activities and disclaims any responsibility for any misuse of the IGXHost.com network.

Inquiries regarding this policy should be directed to our General Inquiries Department at general@igxhost.com.

Internet Abuse

You may not engage in illegal, abusive, or irresponsible behavior, including:

» Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to IGXHost.com and its customers) without express authorization of the owner of the system or network;
» monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
» Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
» Use of an Internet account or computer without the ownerís authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
» Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
» Any conduct that is likely to result in retaliation against the IGXHost.comís network.
» Use of IGXHost.comís network in a way that unreasonably interferes with IGXHost.comís other customers use of the network

Newsgroup, Chat Forums, Other Networks

You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.