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ArsHost Acceptable Use Policy

Web-site Content. The content of your website will remain on your site and is not available to any other entity. You have the right to retain on your site; any and all files that you seek to hold that do not violate the following rules. Customers are prohibited from transmitting on or through any of ArsHost services, any material that is, in ArsHost's sole discretion: unlawful, obscene, threatening, abusive, libelous, encourages criminal mischief, gives rise to civil liability, or otherwise violates any local, state, federal, or international law and/or treatise. In short, ArsHost services may only be used for lawful activities.

Pornography: ArsHost has a zero stance policy on pornography that violates local, state, federal, or international law. This includes, but is not limited to, child pornography, bestiality, hard-core pornography, and others not allowed by law. ArsHost does not seek to abridge any users constitutional rights, but we uphold any and all laws applicable to the content of sites hosted on our servers and/or network. ArsHost reserves the right to deny service without cause for sites with adult content that we deem violates local, state, or federal law.

ArsHost customers may not use our network to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks or directly violating the security policy of another organization. Customers are also not allowed to interfere or deny service to any user, host, or network by flooding, mail bombing, or attempts to overload or crash the host network. Any violation of the network guidelines set forth will result in deactivation of your dedicated server for resolution.

Mass Mailings. ArsHost has a zero stance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail message, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of the ArsHost servers and/or network. Violation of the above terms will result in one or all of the following:

  • A warning from ArsHost, via E-mail or phone.
  • Temporary shutdown of the site or a block on outgoing mail.
  • Permanent disconnection of service.

    Repeat violation of the above terms will result in the following actions:

  • Immediate disconnection of service with no re-activation.
  • $500 fee assessed to your account for violation.
  • Absolutely no refunds for any reason.
  • $10 per e-mail violation after notification.

    If your actions have caused ArsHost servers or IP Addresses to be placed on blackhole lists and other mail filtering software systems used by ISP�s and Web Hosting companies around the world, you will be assessed a $1000 charge to your account and $150 per hour for administrative charges incurred to remove and protect our servers and/or IP Addresses. If you have further questions about our mass mailing policy, please send them to [email protected]. If you want to report abuse by one of our users, please send the e-mail to [email protected].

    Mailing Lists: Our mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. Our policy is the following: An acceptable mailing list will be focused at a target audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. Your own list servs in which customers have signed up for in the past, is a valid mailing list. If one of your members asks to be removed, please remove them as soon as feasibly possible. Internally created mailing lists are valid as long as your customers agree to receive the e-mail. Purchased mailing lists are generally a violation of the rules because you have not received authority from the recipient to send them an e-mail. The final rule to all mailing lists is simple: if your customers begin to send spam complaints to ArsHost about your e-mail, you will be bound to the terms of mass mailings listed above. If you have direct questions in reference to mailing lists, please send your question to [email protected].

    Suspension: ArsHost specifically reserves the right to suspend service to your site at our discretion. Suspension will only occur for violation of our AUP, non-payment for services, or by request of legal authorities with proper legal documents. Suspension will only occur for the absolute minimal amount of time to resolve the issue at hand.

    SERVICE INTERRUPTIONS. ArsHost shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services. Customer understands and agrees that occasional temporary interruptions of any Internet Services may occur as normal events in the provision of the Internet Services. ArsHost agrees to exercise reasonable care to prevent such occurrences; however, under no circumstances will ArsHost be held liable for any financial or other damages due to such interruptions. In no event shall ArsHost be liable to Customer or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services.

    Governing Law and Forum. This Agreement shall be governed and interpreted according to the internal laws of the State of Tennessee, excluding choice of law provisions. For all disputes arising out of or related to this Agreement or Service Orders, the parties irrevocably consent to the exclusive jurisdiction of the Courts of Tennessee. Customer�s address for purposes of service of process shall be the address designated for notices in this Agreement. In connection with all actions in which ArsHost is awarded amounts due from Customer, ArsHost shall be awarded (either in that action or by way of a separate action) its costs and expenses of litigation (including reasonable attorneys� fees), through trial and appeal.

    LIMITATION OF LIABILITY. ArsHost�s liability (including, for purposes of this paragraph only, any of it employees, agents, or representatives), to Customer (either directly or as a third party defendant in any action or proceeding) for any claim arising out of or relating to this Agreement or Service Orders or the provision of any Services under Service Orders (including, without limitation maintenance and support) shall be limited to the amount of fees paid by Customer to ArsHost under this Agreement within one year preceding the date Customer contends its claim arose. In no event shall ArsHost be liable for any loss of data, loss of profits, cost of cover, or any other special, incidental, consequential, indirect or punitive damages, however caused and regardless of theory of liability. This limitation will apply even if ArsHost has been advised of, or is aware of, the possibility of such damages.

    DISCLAIMER OF WARRANTIES. ArsHost specifically disclaims all implied warranties, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Except as otherwise provided in this Agreement, any written materials by ArsHost, or information on ArsHost�s web site, shall be for informational purposes only and, whether delivered or disseminated before or after the date of this Agreement, shall not create any express or implied warranties, guaranty of performance, or contractual obligations.

    Any violations of the above policies will result in immediate suspension of services.

    If ArsHost should deem it necessary to initiate termination of services with you, ArsHost specifically agrees to provide reasonable access to you in order to allow you to download any files which may still reside on the server being removed from the network. In no event shall ArsHost be liable for any loss, loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages, which result from this termination of services.
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