Acceptable Use Policy

This Acceptable Use Policy ("AUP") governs your use of the Services and is incorporated by reference into Hostimul's Terms of Service. Unless otherwise stated, defined terms in this AUP have the meanings provided in the Terms of Service. Hostimul may modify this AUP at any time without notice.

The Services provided by Hostimul may only be used for lawful purposes. You agree to comply with all applicable laws, rules, and regulations in connection with your use of the Services. Hostimul reserves the right to refuse service to anyone at our sole discretion. Any material or conduct that in our judgment violates this AUP in any manner may result in suspension or termination of the Services or removal of content with or without notice.

 

1. Prohibited Use of Content

You may not use the Services to publish content or engage in activity that is illegal under applicable law, that is harmful to others, or that would subject Hostimul to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this AUP:

a. Storing, disclosing personal or sensitive information about others;

b. Phishing or engaging in identity theft;

c. Promoting or facilitating prostitution or sex trafficking or any escort services;

d. Distributing pornography or adult related content;

e. Hosting, distributing or linking to child pornography or content that is harmful to minors;

f. Distributing computer viruses, worms, Trojan horses or other malicious code;

g. Hosting Ponzi or pyramid schemes, or websites that engage in unlawful or deceptive marketing practices;

h. Engaging in the unlawful distribution of controlled substances, drug contraband or prescription medications, including without limitation, promotion, marketing, or sale of prescription medications without a valid prescription;

i. Gambling or selling weapons or ammunition;

j. Promoting or facilitating violence or terrorist activities;

k. Infringing the intellectual property or other proprietary rights of others.

 

2. Excessive Use of Resources or Network Abuse

You may not consume excessive amounts of server or network resources or use the Services in any way which results in server performance issues or which interrupts service for other customers.

a. Activities that contribute to excessive use are prohibited, including without limitation:

b. Hosting or linking to an anonymous proxy server;

c. Operating a file-sharing site;

d. Scripts or processes that adversely impact our systems;

e. Utilizing software that interfaces with an Internet Relay Chat (IRC) network. 

 

3. Unauthorized System Access

You may not directly or indirectly use the Services to gain access to any network or system without permission, including without limitation:

a. Accessing another network without permission, including to probe or scan for vulnerabilities or breach security or authentication measures;

b. Attacking other networks, including without limitation utilizing botnets or other means to launch Denial of Service (DoS) or other attacks;

c. Intercepting or monitoring data without permission;

d. Using any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of Hostimul's website or servers for any unauthorized purpose.

 

4. Resource Usage

A. Shared Hosting

4.1.Shared hosting space is intended for use to web files, active e-mail and content of the hosted User Websites, not for storage (whether of media, e-mails, or other data) or backups.

4.2. Shared hosting space further may not be used as offsite storage of electronic files, e-mail or FTP hosts.

4.3. Hostimul expressly reserves the right to review every user account for excessive usage of CPU, bandwidth, disk space and other resources that may be a result of your violation of the Acceptable Use Policy.

4.4. Hostimul may, in its sole discretion, terminate access to the Services, apply additional fees, or remove/delete User Content for those User accounts that are found to be in violation of Hostimul policies. You hereby agree that Hostimul shall have no liability due to any action that Hostimul may take, including without limitation suspension or termination of Services in connection with your violation of this section.

4.5. Hostimul does not set defined limits on the amount of disk space a User can use for the User's Website or charge fees based on the amount of storage used in some shared hosting plans. However, the use of Hostimul resources must be consistent with a shared hosting environment and must otherwise comply with the Agreement. Accounts with a large number of files (inode count in excess of 200,000) can have an adverse effect on server performance. Similarly, accounts with an excessive number of database tables (in excess of 5000 database tables) or of excessive database size (in excess of 10GB total database usage or 5GB database usage in a single database) negatively affect the performance of the server. In the event User exceeds these amounts, Hostimul may request that a User's number of files/inodes, database tables, or total database usage be reduced to ensure proper service performance. Hostimul reserves the right to terminate a User account, with or without notice, for excessive use of resources that result in a degradation of server performance or the Services.

4.6. Hostimul does not set arbitrary limits on the amount of visitor traffic User Websites can receive or on the amount of content a User can upload to User Websites in any given month, nor does Hostimul charge additional fees based on the increased use of bandwidth, as long as the User's use of the Services complies with the Terms of Services. In most cases, User Websites will be able to support as much traffic as the User can legitimately acquire. However, Hostimul reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other Users.

B. VPS and Dedicated servers

4.7. VPS and Dedicated server usage are limited by the resources allocated to the specific plan that you have purchased.

4.8. User is solely responsible for backing-up all User Content, including any User Websites. Hostimul is not responsible for the loss of any User Content.

 

5. Spam Policy

Hostimul maintains a zero-tolerance policy for use of its network or services for   SPAM.

5.1.Forging or misrepresenting message headers is prohibited.

5.2. Websites advertised via spam (i.e. "Spamvertised") may not be hosted on our servers.

5.3. Use of the Services for selling contact lists or sending emails to any purchased lists is prohibited.

5.4.Use of the Services for sending spam or bulk unsolicited messages is prohibited. Hostimul may terminate with or without notice the account of any user who sends spam.

5.5. Any prohibited use of the Services,  which causes or results in our IP space being blacklisted will result in immediate termination of the services with or without notice

 

6. Enforcement

6.1. Your Services may be suspended or terminated with or without notice upon any violation of this AUP. Any violations may result in the immediate suspension or termination of your account.

6.2. Hostimul reserves the right to disable or remove any content which is prohibited by this AUP, including to prevent harm to others or to Hostimul or the Services, as determined in Hostimul's sole discretion.

6.3. Violations will be reported to law enforcement as determined by Hostimul in its sole discretion.

6.4. A failure to respond to an email from our abuse team within forty-eight (48) hours, or as otherwise specified in the communication to you, may result in the suspension or termination of your Services.

6.5.Websites hosted on Hostimul's servers are generally governed by the laws of the country where the servers are located. As a web host, Hostimul is not the publisher of user-generated content and we are not in a position to investigate the veracity of individual defamation claims. Rather, we rely on the legal system and courts to determine whether or not material is defamatory. In any case in which a court of competent jurisdiction, as determined in Hostimul's sole discretion, orders material to be removed, Hostimul will disable access to such material.

6.6. Notwithstanding the foregoing, Hostimul users are responsible for using the Services in compliance with applicable laws in their jurisdiction, including without limitation, any laws relating to defamation, unsolicited emails, spamming, privacy, obscenity, and intellectual property infringement. Hostimul reserves the right to take local legal considerations into account and to respond accordingly in Hostimul's sole discretion.

6.7. Enforcement of this AUP is at Hostimul's sole discretion.

 

7. Reporting Violations

To report a violation of Hostimul's AUP, please email abuse@hostimul.com .
 

This file was last modified: Ooctober 15, 2019

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