Acceptable Use Policy

Acceptable Use Policy (AUP)

Effective Date: This Terms of Service was last updated on August 1, 2009.

HostingScene's Acceptable Use Policy ("AUP") has been designed to assist in protecting HostingScene and it's clients from improper and/or illegal activity over the Internet and to further compliance with all relevant laws and regulations. This AUP is also intended to establish a clear understanding of what HostingScene expects of clients using our services. HostingScene's AUP is applicable to any and all access or use of HostingScene's services (the "Service") or HostingScene's network (the "Network"). This includes, but is not limited to, any use or access by (a) HostingScene's clients, (b) HostingScene's clients' clients, members, end-users, and agents and (c) any other parties who use or access the Service or Network (collectively, "Users"). All Users must comply with this AUP. Any access or usage of the Service or Network constitutes acceptance and agreement to this AUP. Each client of HostingScene agrees that it is responsible for violations of this AUP by itself and by any party that uses or access the services or the network through such client, whether authorized by such client or not. HostingScene supports the uncensored flow of information and ideas and does 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 Service, 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. HostingScene may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong doing. HostingScene believes in communicating with our clients and will try to work with our clients to resolve any AUP violations before taking action which could cause a client's service to become unavailable. However, due to the nature or severity of some violations, this is not always possible or preferable. We reserve the right to immediately suspend or terminate, without warning, services to a client who is in violation of the AUP. This AUP does not (a) obligate HostingScene to monitor, review, or police the data and content residing on its network or (b) create any obligation of HostingScene to any party that is not a direct client. HostingScene expressly disclaims any liability for the data and content residing on its network and for the actions of its Users. The following activities are expressly prohibited, and are considered violations of the AUP. These descriptions are guidelines and are not intended to be exhaustive. HostingScene will be the sole arbiter as to what constitutes as unacceptable use. Illegal Activity or Content: The Service shall not be used for any unlawful activities or in connection with any criminal or civil violation. Use of the Service or Network for transmission, distribution, retrieval, or storage of any information, data or other material in violation of any applicable law or regulation (including, where applicable, any tariff or treaty) is prohibited. This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory or otherwise unlawful. Network Abuse: HostingScene expressly prohibits any activities that, in its sole discretion, constitute network abuse. This includes, but is not limited to: Denial of Service attacks or any activities designed to exhaust the resources of a host or network. Any attempt to monitor data or traffic on any network or system without the authorization of the owner of the system or network. Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system. Port-scanning, vulnerability scanning, and any other activity that may be used as a precursor to an attempted system penetration. Introducing malicious programs into any network or server, such as viruses, worms, trojan horses, and key loggers. Intentionally or negligently injecting false data into the Internet, for instance in the form of bad routing information or incorrect DNS information. Forging any e-mail message header, in part or whole, of any electronic transmission, originating or passing through the Network. Executing any form of network activity that will intercept data not intended for the client's server. Unsolicited Email: Users are prohibited from engaging in improper use or distribution of email. HostingScene will be the sole arbiter as to what constitutes a violation of this provision. This includes, but is not limited to: * Sending of any unsolicited email ("spam"). Any message sent to a recipient from a purchased, rented, licensed, or traded list of email addresses is automatically considered unsolicited. * Hosting web pages advertised within "spam e-mail" sent from another network ("spamvertising"). * Using the Service to receive replies from unsolicited emails ("drop-box" accounts). * Configuring any email server in such a way that it will accept third party emails for forwarding ("open mail relay"). * Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by HostingScene Users must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. * Purchasing lists of email addresses from 3rd parties for mailing to from any HostingScene hosted domain, or referencing any HostingScene account, is prohibited. * Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at IRC: All IRC activity is prohibited. This includes running any type of IRC software including, but not limited to, IRC client software, IRC server software, web-based IRC software, IRC bots such as "eggdrop", and IRC proxies such as "psyBNC". Facilitating a Violation of this Policy: Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks. Network & Hardware Performance: HostingScene accounts operate on shared network & hardware resources. Excessive use or abuse of these shared resources by one customer may have a negative impact on all other customers. Misuse of resources in a manner which impairs service performance is prohibited by this policy and may result in termination of your account. Reporting violations: HostingScene requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at The client agrees to indemnify and hold harmless HostingScene from any claims resulting from the use of the service, which damages the subscriber or any other parties. HostingScene reserves the right to change this AUP at any time. Such changes, modifications, additions or deletions shall be effective immediately upon posting on-line at this location. You acknowledge and agree that it is your responsibility to review this site and this AUP periodically and to be aware of any modifications. You may identify whether HostingScene has revised this AUP by noting the "Effective Date" above. Your continued use of the site after such modifications will constitute your: (a) acknowledgment of the modified AUP; and (b) agreement to abide and be bound by the modified AUP. If you do not agree to these terms, please do not access or use this site or any site on the HostingScene network. Contact: Please direct all questions regarding this AUP to