PRETECS NETWORKS INC. DBA FullHost.com
General
This AUP governs the use of FullHost’s Services offered to the Client. The AUP will apply to any user of FullHost’s Services, including but not limited to the Client, its employees, agents, contractors, end users of resellers or any other person who use the Services of FullHost and are in effect from the time of Order. The AUP can be furthered expanded upon in a written agreement provided by FullHost and accepted by the Client.
The Client agrees that FullHost may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on the Client’s use of the Services. Amendments to the AUP are effective on the earlier of FullHost’s notice to the Client that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. The Client agrees to cooperate with FullHost’s reasonable investigation of any suspected violation of the AUP.
In the event of a dispute between you and FullHost regarding the interpretation of this AUP, FullHost’s interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this AUP, contact FullHost through a support ticket on your Account or by contacting FullHost by the email address provided on the Site.
BY REGISTERING AND USING THE SERVICES AS DESCRIBED IN THE ORDER, THE CLIENT ACKNOWLEDGES THAT IT HAS READ AND AGREED TO THIS AUP AND THAT YOU AND YOUR USERS WILL BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AUP.
Table of Contents
Section
1. Offensive Content
2. Security
3. Bulk Commercial E-Mail
4. Unsolicited E-Mail
5. Material Protected by Copyright
6. Copyright Infringement Notice
7. Internet, Network, and System Use/Abuse
8. Remedies for AUP Violations
9. Maintaining Information
10. Disclaimer
1. Offensive Content
You may not publish or transmit via FullHost’s service any content that FullHost reasonably believes:
a. Constitutes child pornography
b. Constitutes pornography that is illegal in your jurisdiction or ours
c. Is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech
d. Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes
e. Is defamatory or violates a person’s privacy
f. Is intended to assist others in defeating technical copyright protections
g. Clearly infringes on another person’s trade or service mark, patent, or other property right
h. Promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking
i. Is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to FullHost
j. Is otherwise malicious, fraudulent, or may result in retaliation against FullHost.
Content “published or transmitted” via FullHost’s 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 FullHost.
2. Security
You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.
3. Bulk Commercial E-Mail
If you intend to send any bulk commercial e-mail you must demonstrate all of the following are in place prior to sending. If you are in doubt that you meet these requirements, you must seek FullHost’s advance approval before sending.
a. Your intended recipients have given their consent to receive email via some affirmative means, such as an opt-in procedure.
b. Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the email address for which the consent is given
c. You retain evidence of the recipient’s consent in a form that may be promptly produced on request, and you honor recipient’s and FullHost’s requests to produce consent evidence within 72 hours of receipt of the request
d. The body of the e-mail must describe how the e-mail address was obtained, for example, “You opted in to receive this e-mail promotion from our website or from one of our partner sites,” and information on how to request evidence of the consent, for example, “If you would like to learn more about how we received your e-mail address please contact us at abuse@yourdomain.com
e. You have procedures in place that allow a recipient to easily revoke their consent – such as a link in the body of the email, or instructions to reply with the word “Remove” 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
f. You must post an abuse@yourdomain.com email address on the first page of any website associated with the email, you must register that address at abuse.net or similar such service, and you must promptly respond to messages sent to that email address
g. You must have a Privacy Policy posted for each domain associated with the mailing
h. You have the means to track anonymous complaints
i. You may not obscure the source of your email in any manner. Your email must include the recipients email address in the body of the message or in the “TO” line of the e-mail; and
j. You otherwise comply with laws governing the sending of bulk emails in the country in which your website is registered, such as the Canada’s Anti-Spam Legislation (CASL), the United States of America CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003) and any other applicable law governing this.
These policies apply to messages sent using your FullHost 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 FullHost service. In addition, you may not use a third party email service that does not practice similar procedures for all its Clients. FullHost 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.
4. Unsolicited E-Mail
You may not send any unsolicited email, 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 FullHost’s services. If the Client uses the Services of FullHost in such a way that the Client is documented on a recognized SPAM abuse list, the Client’s Services and Account will be immediately suspended or terminated. You also cannot use the Services of FullHost for the purposes of:
a. Provide tools designed to assist the Client or others for sending of unsolicited emails.
b. Promote or encourage the use of email address lists for the purpose of encouraging or facilitating unsolicited commercial email or spam.
5. 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:
a. you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner
b. you are otherwise permitted by established copyright laws in the country of origin to copy the work in that manner
FullHost will terminate the service of repeat copyright infringers. FullHost will determine in its sole discretion the definition of repeat copyright infringement. A single case of excessive and malicious copyright infringement can result in termination of service.
6. Copyright Infringement Notice
If you believe your copyright is being infringed upon by a person using the FullHost network, and if applicable under the Digital Millennium Copyright Act, please send your written notice of copyright infringement to:
Pretecs Networks Inc. DBA FullHost.com
DMCA Notices
Attention: Designated Copyright Agent
300-1095 McKenzie Ave
Victoria BC V8P 2L5
CANADA
Or
By email to abusedesk (at) Pretecs (dot) com
a. Your notice must include the following:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
ii. 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
iii. 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 FullHost to locate the material
iv. Information reasonably sufficient to permit FullHost to contact you, such as an address, telephone number, and, if available, an e-mail address;
v. 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 owner’s agent, or the law;
vi. 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.
b. Counter Notification. In the Client will be filing a counter notification, The Client must respond within ten (10) days to the address above with the necessary information as indicated in the Act. The Client must respond in a timely manner and is aware that FullHost is in any way not responsible or liable to, or will act as the Clients agent in responding. The Client must complete the necessary information and provide it to FullHost and is aware by filing a Counter Notification that will be liable for any damages including but not limited to legal fees if they materially state that the product or activity is not infringing on the copyright they are filing the Counter Notification for. If the Client is not aware of how to respond to a Copyright Infringement Notice, it is strongly suggested that the Client retain the services of legal counsel.
7. Internet, Network, and System Use/Abuse
You may not engage in illegal, abusive, or irresponsible behavior, including:
a. Forge, impersonate or assume the identity of another in any manner including deliberate and malicious attempts to deceive people of the true identity of the User.
b. 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 FullHost and its Clients) without express authorization of the owner of the system or network
c. Monitoring data or traffic on any network or system without the authorization of the owner of the system or network
d. Interference with service to any user, host or network including but not limited to, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks
e. Interference with the performance and or damaging another’s computer or property including but not limited to sending viruses, trojan horses, worms, time bombs, cancel-bots, and corrupted files.
f. Using or promotion of software that is copyrighted and not freely available for distribution without cost.
g. Use of an internet account or computer without the owner’s authorization, including, but not limited to internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning
h. Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting
i. Using Internet Relay Chat (“IRC”) in a manner that may result in retaliation against FullHost or FullHost’s network.
j. Subvert, or assist others in subverting, the security or integrity of FullHost’s network and systems or otherwise degrade or impair the operations of FullHost’s network and systems
k. Running a TOR exit node
l. Run scripts or software programs, post messages that excessively consume CPU time or storage
m. Any conduct that is likely to result in retaliation against the FullHost’s network
n. Use of FullHost’s network in a way that unreasonably interferes with FullHost’s other Clients use of the network
o. Use of FullHost’s network in any manner that can or will seriously harm the reputation and image of FullHost
8. Remedies for AUP Violations
FullHost may take any of the following actions in response to an AUP Violation. FullHost will use its discretion in determining the response based on the severity and frequency of the violation. FullHost will make the final determination and the Client will save harmless FullHost for any action it takes in response to an AUP Violation. They are:
a. Warning the Client
b. Remove the content in question
c. Suspend the Client from using the Services
d. Terminate the Client Service or the Client Account or both
e. Impose a fee against the Client Account
f. Take any other action in accordance with this AUP, the Service, or any applicable law set forth
FullHost will provide immediate notice to the Client of the pending action again the Client, the Account, or the Service. The Client will normally be provided a period of two (2) days to respond, however, depending on the severity of the AUP Violation FullHost can take immediate action prior to notice being provided to the Client.
9. Maintaining Information
The Client must have valid and current information on file with the domain name registrar for any domain hosted on the FullHost’s network.
10. Disclaimer
FullHost is under no duty, and does not by this AUP undertake a duty, to monitor or police the Clients’ activities and disclaims any responsibility for any misuse of the FullHost’s network.
Inquiries regarding this policy should be directed to info@FullHost.com or by submitting a support ticket through the Client Account.
