Acceptable Use Policy:
Customer agrees to the following Acceptable Use Policy:
General Statement: Hoss Hosting, LLC is dedicated to the unrestricted free transmission of information via the Internet and its many resources. Our goal is to deliver quality on-demand IT services to all of our customers while serving as the medium of exchange for transmission of all information. The storage, distribution, and exchange of information (content) is the Internet's single most valuable feature. Hoss Hosting, LLC is dedicated to protecting the source and distribution of information and protecting the rights and privileges of those utilizing it. Hoss Hosting, LLC does not purport to be the content police; our duty in the process of information dissemination is simply to act as conduit between interested parties. Not withstanding anything found herein, Hoss Hosting, LLC follows all local, state and federal laws pursuant to the services delivered over the internet and directly related to our network and internal systems. The purpose of the acceptable use policy is to inform all Customers of anticipated customer use. Due to the myriad of possibilities in maintaining a network comprised of thousands of servers, this document is intended to act as a guideline to service and not to be all encompassing.
Server Content: Hoss Hosting, LLC does not actively monitor dedicated server content for review. Hoss Hosting, LLC believes in the free dissemination of information via our services. Content will only be reviewed upon complaint by verified third parties. Content that does not violate local, state and federal law or the acceptable use policy is deemed in compliance and shall remain intact. Legal adult content is allowed only on Hoss Hosting LLC, dedicated and Virtual Private servers. Content deemed in violation will be addressed pursuant to the methods of resolution under the acceptable use policy.
Shared Hosting Resources: The monopolizing of systems resources including CPU and memory use is a direct violation of the acceptable use policy. While Hoss Hosting, LLC does not oversell shared hosting resources of hard drive space and bandwidth; memory and processor resources are not limitless. Monopolizing CPU and memory resources at the expense of other shared accounts is a violation of the Shared Hosting Resources policy and will result in methods of resolution under the acceptable use policy.
IRC:Hoss Hosting, LLC allows the use of private internet relay chat servers for communication among private parties only on Hoss Hosting, LLC dedicated and Virtual Private Servers. Hoss Hosting, LLC absolutely prohibits the use of IRC servers connected to public IRC networks or servers. IRC servers that result in interference of service, malicious network activity or increased demand on network security services are in direct violation of the acceptable use policy. Violation of the IRC policy will result in methods of resolution under the acceptable use policy.
Peer to Peer: Hoss Hosting, LLC allows the use of internet peer to peer software for file sharing purposes only on Hoss Hosting, LLC dedicated and Virtual Private Servers. Hoss Hosting, LLC highly recommends strict oversight and management of peer to peer software environments due to the propensity to violate copyright law by sharing commercial software or copyright protected material. The sharing of copyright protected software and material is NOT allowed and is in direct violation of federal law and the acceptable use policy. Violation of the Peer to Peer policy will result in methods of resolution under the acceptable use policy.
Bit Torrent: Hoss Hosting, LLC allows the use of bit torrent protocols only on Hoss Hosting, LLC dedicated and Virtual Private Servers. Hoss Hosting, LLC highly recommends strict oversight and management of Bit Torrent software environments due to the propensity to violate copyright law by sharing commercial software or copyright protected material. The sharing of copyright protected software and material is NOT allowed and is in direct violation of federal law and the acceptable use policy. Violation of the Bit Torrent policy will result in methods of resolution under the acceptable use policy.
The following list represents per se direct violations of Acceptable Use Policy and will be subject to immediate redress under the methods of resolution as described in the acceptable use policy.
Copyright Infringement: Direct copyright infringement as defined and noted under Title 17, Section 512 of the United States Code are a direct violation of the acceptable use policy.
Unsolicited Email: The sending or receiving of mass unsolicited email (SPAM) is a direct violation of the acceptable use policy. This includes the direct sending and receiving of such messages, support of such messages via web page, splash page or other related sites, or the advertisement of such services.
Email Bombing: The sending, return, bouncing or forwarding of email to specified user(s) in an attempt to interfere with or over flow email services is a direct violation of the acceptable use policy.
Proxy Email (SPAM): To proxy email unsolicited users is a direct violation of the acceptable use policy. Proxy email is defined as the use of dedicated services to act in concert with other services located inside and outside the network to achieve mass unsolicited email (SPAM) to unrelated third parties.
UseNet SPAM:To send, receive, forward, or post UseNet unsolicited email or posts is a direct violation of the acceptable use policy. This includes UseNet services located within the Hoss Hosting, LLC network or unrelated third party networks.
Illegal Use: Any use of services in direct attempt of statutory illegal activities is a direct violation of the acceptable use policy. This includes, but is not limited to: death threats, terroristic threats, threats of harm to another individual, multi-level marketing schemes, "ponzi schemes", invasion of privacy, credit card fraud, racketeering, defamation, slander, and other common illegal activities.
Child Pornography: Hoss Hosting, LLC has a zero stance policy on child pornography and related sites. The hosting of child pornography or related sites or contact information is in direct violation of federal law and the acceptable use policy.
Threats & Harassment: Hoss Hosting, LLC services can be utilized for any type of individual, organizational or business use. This does not include threats or harassment to individuals, organizations or businesses unless it falls within the bounds of protected free speech under the first amendment. Hoss Hosting, LLC seeks to serve only as the medium of exchange for information and refrains from decisions on freedom of speech.
Fraudulent Activities: Hoss Hosting, LLC prohibits utilizing services for fraudulent activities. Notification of fraudulent activities by verified third parties can result in violation of the acceptable use policy.
Denial of Service: Hoss Hosting, LLC absolutely prohibits the use of dedicated services or network services for the origination or control of denial of service attacks or distributed denial of service attacks. Any relation to DOS or DDOS type activity is a direct violation of the acceptable use policy.
Terrorist Websites: Hoss Hosting, LLC prohibits the use of dedicated services for the hosting of terrorist related websites. This includes sites advocating human violence and hate crimes based upon religion, ethnicity, or country of origin.
Distribution of Malware: Hoss Hosting, LLC prohibits the storage, distribution, fabrication, or use of malware including virus software, root kits, password crackers, adware, keystroke capture programs and other programs normally used in malicious activity. Programs used in the normal ordinary course of business are deemed acceptable. Example: Security Company hosting at Hoss Hosting, LLC analyzes the latest root kit for new security analysis software.
Phishing: Hoss Hosting, LLC strictly prohibits any activity associated with Phishing or systems designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretense. Splash pages, phishing forms, email distribution, proxy email or any relation to phishing activities will result in immediate removal.
HYIP or Ponzi Schemes: High Yield Investment Plans or Ponzi schemes with the intent to defraud end users are illegal and not allowed on the network. This includes hosting, linking and or advertising via email websites or schemes designed to defraud.
Disclosure to Law Enforcement: Occasionally, Hoss Hosting, LLC is required by law to submit customer information to law enforcement officials when presented with a valid subpoena from a court with proper jurisdiction. Information requested is disclosed as directed pursuant to the subpoena. Hoss Hosting, LLC utilizes great care in keeping customer information safe and private and will only release information described in the subpoena. Hoss Hosting, LLC will notify customer of the information request as allowed by the subpoena.
Reporting Violation of the Acceptable Use Policy: Hoss Hosting, LLC accepts reports of alleged violations of the acceptable use policy via email sent to abuse@hosshosting.com. Reports of alleged violations must be verified and include name, contact information, IP address, and description of the violation. Hoss Hosting, LLC owes no duty to third parties reporting alleged violations due to lack of privity in contract law. Hoss Hosting, LLC will review all verified third party reports and will take appropriate actions as described within the acceptable use policies.
Methods of Resolution for Violations under the Acceptable Use Policy: The ultimate goal of Hoss Hosting, LLC is to balance the rights and interest of our customers in the highly evolving internet world. Hoss Hosting, LLC understands the challenges of hosting companies, resellers, businesses, organizations and other customers who may have third party violations occur due to the nature of their business. The goal to our methods of resolution is to mitigate any service interruptions while resolving any potential violations under the policy. Our sales, support and abuse staff are dedicated to working with you in resolving potential violations and are available via phone or email. The methods of resolution below form the framework for a resolving all potential violations. Timing for resolution differs according to the degree of the violation, the nature of the violation, involvement of law enforcement, involvement of third party litigation, or other related factors. Overall, Hoss Hosting, LLC is dedicated to working with the Customer in resolving all potential violations prior to any service interruptions.
Step 1: First alleged violation of AUP: a ticket will be generated under the master user account with information regarding the potential violation of the acceptable use policy. This is often a fact finding email requiring further information or notifying Customer of the potential violation and the required actions to resolve the issue.
Step 2: Acknowledgement of violation of AUP: a ticket is generated under the master user account with information specific to the violation. This ticket will also include any additional facts about the situation and will notify customer of the action required to resolve the violation.
Step 3: Failure to address violation and remove violation: if customer fails to address the violation AND resolve the violation, a suspension of services will occur. This is a last resort for Hoss Hosting, LLC and requires a complete failure in the resolution process on behalf of the Customer. A permanent suspension of services includes reclamation of all dedicated services and data destroyed at the end of the current billing cycle.
Disclaimer - Hoss Hosting, LLC retains the right, at its sole discretion, to refuse new service to any individual, group, or business. Hoss Hosting, LLC also retains the right to discontinue service with notice for repeated violation of the acceptable use policy over time.