This AUP governs the use of all the hosting services, hosting solutions, cloud services, and other offerings (the “Services”) made available by 452 Impact, Inc and its suppliers and affiliates (“452Hosting”). This AUP is an integral part of your agreement with 452Hosting and is incorporated by reference into the terms pursuant to which 452Hosting provides you the right to access or use the Services. Access to or use of the Services constitutes your acceptance of this AUP. 452Hosting reserves the right to alter this AUP at any time and such modifications shall become immediately effective upon posting the modified AUP or by notification to you of the modified AUP.
The purpose of this AUP is to set forth guidelines for the expected conduct of users of the Services and the types of actions and content that are contrary to 452Hosting’s mission and philosophies. This AUP is intended to protect the Services, employees and customers of 452Hosting, and end users from improper, inappropriate, abusive or illegal activity. 452Hosting may suspend or terminate your right to access and use the Services if, in its sole determination, it believes you have violated this AUP.
Responsibilities and Prohibited Use
You are responsible for the activities of your agents, representatives, and end-users (“Users”) and will they abide by this AUP. The Services shall be used solely for legitimate business and commercial purposes, and you shall not use the Services for activities which, in 452Hosting’s sole discretion, may be illegal, offensive, abusive, or in a manner that interferes with or adversely affects the Services or use of the Services (including deliberate attempts to overload a system and broadcast attacks) or that would expose 452Hosting to criminal or civil liability. Some examples of prohibited activities follow, but this is not an exhaustive list. You and your Users agree not to use the Services for:
Hacking, phishing, spamming, scamming, identity theft, fraud, forgery, deception, virus or malware distribution, network attacks, and interference with any other user’s use of the Services. The unauthorized access, monitoring, collection, or use of data, systems or networks. Transmitting, distributing or storing illegal or fraudulent information or material or information or material that will infringe or otherwise violate any privacy, intellectual property, publicity or other personal rights including, any copyright, patent, trademark, trade secret or other proprietary right. Engaging in offensive activities such as harassment or transmitting or distributing content that is inappropriate, obscene, defamatory, threatening, abusive, that advocates violence, or that violates a law, regulation, or public policy. In addition, you and your Users must comply with all applicable laws, rules and regulations related to your use of the Services, specifically including data protection and privacy laws, as well as laws relating to unsolicited commercial electronic messages.
You may not publish or transmit via 452Hosting's service any content that 452hosting reasonably believes:
a) constitutes child pornography;
b) constitutes pornography;
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) creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
g) improperly exposes trade secrets or other confidential or proprietary information of another person;
h) is intended to assist others in defeating technical copyright protections;
i) clearly infringes on another person's trade or service mark, patent, or other property right;
j) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
k) is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to 452Hosting;
l) is otherwise malicious, fraudulent, or may result in retaliation against 452Hosting by offended viewers;
452Hosting does not accept material such as:
a) Proxy, Warez, Escrow, High Yield Investment Programs (HYIP), illegal Gambling and Lottery sites.
b )Content 'published or transmitted' via 452Hosting'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 452Hosting.
* 452Hosting can terminate service for any of the above reasons and it's at 452Hosting's sole discretion to issue a refund
You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.
Bulk Comercial Email
Bulk commercial email, mailing lists and email reflectors are allowed on 452Hosting's servers, we do however allow a maximum of 500 emails per hour per account. For any emails sent from your account you must adhere to the following rules:
a) Your intended recipients have given their consent to receive e-mail 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 e-mail address for which the consent is given;
c) You may not obscure the source of your e-mail in any manner.
d) You otherwise comply with the CAN SPAM Act and other applicable law.
These policies apply to messages sent using all 452Hosting supplied services, 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 any 452Hosting service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.
You may not send any unsolicited e-mail, 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 452Hosting supplied services.
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 United States copyright law to copy the work in that manner.
452Hosting will terminate the service of repeat copyright infringers.
You must have valid and current information on file with your domain name registrar for any domain hosted on the 452Hosting's network or the account is considered invalid ans subjsct to cancellation or loss of discount services and features including LifeTime Hosting pricing.
Consequences of Violations of this AUP
If 452Hosting, in its sole discretion, reasonably believes you or your User violated this AUP, 452Hosting may suspend your Services without prior notice, terminate your agreement with 452Hosting, and/or block any traffic that it reasonably believes is in violation of this AUP. In addition to any other remedy 452Hosting may have, it may charge you its standard hourly rate together with its reasonable legal fees, and the cost of equipment and material needed to investigate, respond to, and remedy any violations of this AUP.
452Hosting reserves the right at all times to investigate any actual, suspected, or alleged violations of this AUP. You shall reasonably cooperate with 452Hosting in investigating and correcting any actual or alleged breach of this AUP by yourself of any User. 452Hosting further reserves the right to cooperate with legal authorities and third parties in investigating any alleged violations of this AUP, including disclosing the identity of any User that 452Hosting believes is responsible for such violation. 452Hosting may implement technical mechanisms to prevent AUP violations.
Nothing in this AUP shall limit 452Hosting’s rights and remedies at law or in equity that may be available.
452Hosting is under no duty to monitor user’s activities, and 452Hosting disclaims any responsibility for any User’s misuse of the Services. 452Hosting has no responsibility for any User or other third-party material or information created, stored, maintained, transmitted or accessible on or through the Services, and is not obligated to monitor or exercise any editorial control over such material. In the event that 452Hosting becomes aware that any such material violates this AUP and/or exposes 452Hosting to civil or criminal liability, 452Hosting may, but is not required to, block access to such material. Unless otherwise stated in this AUP, 452Hosting disclaims any obligation to any person who has not entered into an agreement with 452Hosting for use of the Services.
Notification of Violations
If you become aware of any violation of this AUP by anyone, including your Users, you must immediately notify 452Hosting using the Abuse Report Form found here or by emailing us at firstname.lastname@example.org.