Acceptable Use Policy

This Acceptable Use Policy ("AUP") applies to all clients of ClanSpy Web Hosting, and is intended to provide a general understanding of our policy on the Acceptable Use of its servers. It is designed to help protect our servers and clients from irresponsible or illegal activities in cases where common sense and good judgment have failed. ClanSpy Web Hosting does not accept responsibility for the content published online by others and does not accept responsibility for the violation of any laws resulting from such publication.

All users of ClanSpy Web Hosting's services are expected to abide by the laws of the state and country in which they reside and the laws of the state of California, U.S.A. in which ClanSpy resides, including all copyright laws and regulations, treaties and international law.

Use of ClanSpy Web Hosting's services constitutes acceptance of and agreement to abide by all of the rules and regulations and policies of ClanSpy Web Hosting, including this AUP, which may be modified from time to time. We recommend that you review the AUP periodically.

Clients are in violation of this AUP when they or their users engage in any of the following activities:

Illegal Use:

Such as transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots.

Adult Content:

Adult-oriented sites are not allowed. This includes sites that are associated with bestiality or child pornography, sites which promote hate against any group, sites of such nature will be removed immediately and you will not be refunded. 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, or provide links to such sites.

Spamming:

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double option" will be treated as spam. Any user who sends out spam will have their account terminated without notice.

ClanSpy Web Hosting reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. ClanSpy Web Hosting also reserves the right to make any such modifications in an emergency at our sole discretion.

ClanSpy Web Hosting reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of ClanSpy Web Hosting. All rights reserved.

Harassment

By intimidating, threatening, frightening or otherwise harassing others using our servers. E-mail messages sent to an unwilling recipient, after being requested to stop by that recipient, can also be construed as harassment.

Allowing unauthorized users to access your account.

Accounts may only be used by the authorized owners of the accounts, except where specifically authorized by ClanSpy Web Hosting. Allowing use of your account by others is prohibited and at your own risk! Resale, trade or transfer of any account without express written consent from ClanSpy Web Hosting is prohibited.

Attempting to circumvent security of any host, network, or user account in any manner.

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 in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network.

Redistribution or reproduction of copyrighted material , including but not limited to pirated software and MP3s, or engaging in any activity that infringes or misappropriates the intellectual property rights of others, including, but not limited to, copyrights, trademarks, service marks, software, and patents held by other individuals or corporations.

Unauthorized reselling of any account or account services without the express written consent of ClanSpy Web Hosting, such as e-mail services and accompanying features for use by individuals outside of the required use on your own account; the reselling of CGI scripts installed on our servers; or providing access codes to individuals not authorized to access your account.

Excessive CPU resources or bandwidth may compromise our servers. This is the result of using the system in a manner that encumbers processors or other system resources far beyond the allowances of your specific plan type and to the degree that your usage compromises the hosting accounts of our other customers.

Users may not initiate the following:

1) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

2) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.

3) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

4) Run any software that interfaces with an IRC (Internet Relay Chat) network.

5) Run any bit torrent

6) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc

CGI Script Sharing is not permitted.

CGI script sharing with domains not hosted by ClanSpy Web Hosting is not permitted. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

Backups and Data Loss

Your use of the service is at your sole risk. ClanSpy Web Hosting is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on ClanSpy Web Hosting servers.

Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

ClanSpy Web Hosting reserves the right to disable and/or terminate a user's account if a user is found in violation of the AUP. ClanSpy Web Hosting will review alleged violations of this AUP on a case-by-case basis.

We do not routinely monitor web site content or the communications of our customers. However, if we learn of a violation of our AUP, we will respond accordingly and at our sole discretion.

One or more of the following may occur at that time:

A warning may be issued to the account holder.
A request may be issued to remove offending content.
The hosting account may be disabled.
In severe cases, the hosting account may be terminated without prior notice.
We may notify legal authorities if the circumstance requires it.

Client must immediately notify ClanSpy Web Hosting of any unauthorized use of their account, any breach or attempted breach of security, or any other violations of this AUP.

All of ClanSpy Web Hosting's clients who publish materials online which are accessible on our servers are solely responsible for the publication of any defamatory, illegal, confidential, secret or proprietary material.

You agree to indemnify, defend, and hold harmless ClanSpy Web Hosting from any nd all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, ClanSpy Web Hosting, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to web site content.

Accounts terminated due to policy violations will not be refunded.

If you have any questions regarding this AUP, feel free to contact us.

Acceptable Use Policy ("AUP") for Clan Forum Host products and services is designed to help protect Clan Forum Host’s customers and the Internet community in general from fraud, abuse of resources, and irresponsible or illegal activities.