Acceptable Usage Policy (AUP) & General Terms of Service

NetworxHosting.com is dedicated to providing an all-round top quality service. The terms and conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical responsibilities.

Failure to follow any term or condition will be grounds for immediate account deactivation without notice. NetworxHosting.com will be the sole arbiter as to what constitutes a violation of any of these provisions.

Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension.

To report suspected abuses or any violations of these policies, please contact abuse@networxhosting.com

Usage
Customer agrees to use NetworxHosting.com’s services only for lawful purposes, in compliance with all applicable federal, provincial, state or government law. Specific activities that are prohibited include, but are not limited to:

• Threatening harm to persons or property or otherwise harassing behavior.
• Violating Canadian export control laws for software or technical information.
• Misrepresenting or fraudulently representing products/services using Customer’s account.
• Transmission, distribution or storage of any material in violation of any applicable law or regulation.
• Transmission, distribution or storage of any material protected by copyright, trademark, trade secret or other intellectual property right without proper authorization, and material that is obscene, defamatory, an invasion of privacy or constitutes an illegal threat, or is otherwise illegal.
• Facilitating, aiding, or encouraging any of the above activities, whether using NetworxHosting.com’s network or service by itself or via a third party’s network or service.
• Interference with a third party’s use of NetworxHosting.com’s network or service, or ability to connect to the Internet or provide services to Internet users.

NetworxHosting.com will be the sole arbiter as to what constitutes a violation of this provision.

Adult Content
NetworxHosting.com does not permit adult oriented sites, pornography and sex-related merchandising to be stored, loaded or hosted in association with any accounts on our network. This includes sites that may infer sexual content, or links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.

System and Network Security
Customer is prohibited from utilizing NetworxHosting.com services to compromise the security or tamper with system resources or accounts on computers at the Premises or at any third party site.

Specific activities that are prohibited include, but are not limited to:

• Use or distribution of tools designed for compromising security.
• 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 without express authorization of the owner of the system or network.
• Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
• Deliberate attempts to overload a system and broadcast attacks.
• Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
• Intentionally or negligently transmitting files containing a computer virus or corrupted data.

Violations of system or network security are prohibited, and may result in criminal and civil liability.

Server Resources
Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra (which depends on the resource needed) or reducing the resource used to an acceptable level. NetworxHosting.com shall be the sole arbiter of what is considered to be a high server usage level.

Background Running Programs and Cron Jobs
NetworxHosting.com does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation.

IRC
NetworxHosting.com does not allow IRC or IRC bots to be operated on our servers.

Back-ups
NetworxHosting.com performs daily back-ups on all servers to ensure critical files are never lost. However NetworxHosting.com is NOT responsible for lost data, time, income or any other resource due to faulty backups or non-existent back-ups.

Client Responsibility
The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of NetworxHosting.com's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of NetworxHosting.com to provide this knowledge or support outside matter specific to NetworxHosting.com servers.

The client is responsible to keep NetworxHosting.com account information up to date and accurate at all times, this includes but is not limited to:

• Phone & fax number
• Address
• E-mail address

UCE (Unsolicited Commerce Email) - SPAM
Spamming, or the sending of mass unsolicited email, from or through a NetworxHosting.com server or using an email address that is maintained on a NetworxHosting.com machine is STRICTLY prohibited. It is strictly forbidden to send out unsolicited email from any other network that advertises, promotes or in any way points to a location inside NetworxHosting.com’s network. NetworxHosting.com will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP, but channeling activities through a NetworxHosting.com server as a mail drop for responses, you are in violation. Violators will be assessed a minimum of $200.00 fine per SPAM message and will face an immediate suspension. See our SPAM Policy for more details.

Server Abuse
Any attempts to undermine or cause harm to a NetworxHosting.com’s server or customer of NetworxHosting.com is strictly prohibited.

Any sub-networks of NetworxHosting.com and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.

Software Distribution
NetworxHosting.com’s shared Web Hosting accounts are not to be used for the purposes of distributing software and multimedia products. If you wish to distribute software and/or multimedia files, please contact sales@networxhosting.com for special arrangement.

Domain Names
NetworxHosting.com will take necessary steps to register domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. NetworxHosting.com does not take responsibility for failing to renew domain names. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire. NetworxHosting.com’s customer service staff take every step to help ensure your domain name will not expire; however it is the customers sole responsibility for domain name registration, renewal and confirmation.

Actions Taken by NetworxHosting.com
NetworxHosting.com in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violation of this AUP could also subject Customer to criminal or civil liability. NetworxHosting.com may block access at the router level to Customer's Equipment involved. If NetworxHosting.com believes, in its sole discretion, that a violation of this AUP has occurred, such action may also include, but is not limited to, temporary or permanent blocking of access to Customer’s Equipment, and the suspension or termination of Customer’s services under this Agreement. NetworxHosting.com may involve and will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.

NetworxHosting.com reserves the right to modify this AUP at any time without notice.

NetworxHosting.com customers agree to indemnify and hold harmless NetworxHosting.com from any claims resulting from the use of our services that damages them or any other party. The NetworxHosting.com service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. NetworxHosting.com expressly disclaims any representation or warranty that the NetworxHosting.com service will be error-free, secure or uninterrupted. No oral advice or written information given by NetworxHosting.com, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. NetworxHosting.com and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Modification
NetworxHosting.com reserves the right to add, delete, or modify any provision of this Policy at any time without notice.

Refusal of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion.

Should you have any questions about this or any of our other policies please feel free to e-mail info@networxhosting.com or call us toll free at 1-866-320-0011.

NetworxHosting.com Acceptable Usage Policy (AUP)
Version: 2.0.1
Last Updated: January 26, 2005