1. Offensive Content
You may not publish or transmit via 10 Gigs Hosting's service any content that 10 Gigs Hosting reasonably believes:
- constitutes pornography, child pornography;
- is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
- is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
- is defamatory or violates a person's privacy;
- 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;
- improperly exposes trade secrets or other confidential or proprietary information of another person;
- is intended to assist others in defeating technical copyright protections;
- clearly infringes on another person's trade or service mark, patent, or other property right;
- promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
- is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to 10 Gigs Hosting; or
- is otherwise malicious, fraudulent, or may result in retaliation against 10 Gigs Hosting by offended viewers;
2. Vexation & Harassment
10 Gigs Hosting does not tolerate any harassment, malice or abuse towards it's employees or subsidiaries. Any form of harassment, cursing, threats, or ill will directed towards 10 Gigs Hosting staff or authorized agents shall not be tolerated.
The Customer agrees to conduct themselves in a professional manner regardless of the method of communication with 10 Gigs Hosting. Should the Customer be found in violation of this clause 10 Gigs Hosting reserves the right to suspend or terminate services with or without prior notice and without liability.
3. Resource Usage
10 Gigs Hosting Customers may not initiate the following practices. 10 Gigs Hosting reserves the right to suspend or terminate accounts found in violation of these items with or without prior notice given and without liability.
10 Gigs Hosting reserves the right to determine what constitutes resource abuse and take the appropriate action.
- Use 25% or more of system CPU resources for longer then 90 seconds. There are various processes and activities which can cause this; these include but are not limited to: Perl Scripts, CGI, PHP, Python, HTTP, etc.
- Use of any kind of distributed computing software, including but not limited to SETI@home, Node Zero and Folding@home
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any file sharing or file linking site dedicated to music, movies, or softwares, bit torrent or other P2P network services, client or server software.
- Run any gaming servers such as Battlefield 3, MineCraft, Counter-Strike, etc.
4. Network Abuse
10 Gigs Hosting does not allow, condone or authorize any forms of Network Abuse including but not limited to Denial of Service attacks, Phishing attempts, port scans, SYN Floods etc.
10 Gigs Hosting reserves full right to determine what constitutes Network Abuse and take the appropriate action against the Customer with or without prior notification and without liability.
You may not engage in illegal, abusive, or irresponsible behavior, including but not limited to:
- 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 10 Gigs Hosting and its customers) without express authorization of the owner of the system or network;
- Monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
- Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
- 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;
- Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting;
- Any conduct that is likely to result in retaliation against the 10 Gigs Hosting network.
- Use of 10 Gigs Hosting's network in a way that unreasonably interferes with 10 Gigs Hosting's other customers use of the network.
5. IP Addresses
10 Gigs Hosting assigns IP addresses to clients based upon the guidelines of ARIN: https://www.arin.net/policy/nrpm.html All IP Address allocations must be justified based upon this policy. 10 Gigs Hosting reserves the right to request verification at any time for assigned IP addresses at which time under 10 Gigs Hosting's discretion IP assignments may be revoked.
6. Unaccepted Materials
10 Gigs Hosting does not accept material such as:
- Proxy, VPN, Warez, Escrow, High Yield Investment Programs (HYIP), illegal gambling and lottery sites or services.
Content "published or transmitted" via 10 Gigs Hosting's service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any service provided by 10 Gigs Hosting. 10 Gigs Hosting can terminate service for any of the above reasons and it's at 10 Gigs Hosting 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.
8. Bulk Commercial E-Mail
Any kind of bulk emailing is strictly prohibited with shared or reseller hosting. With VPS, Hybrid or Dedicated hosting you must obtain 10 Gigs Hosting's advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to 10 Gigs Hosting's reasonable satisfaction:
- All Bulk Emailing must be limited to send no more than 60 emails per minute.
- Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
- 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;
- You retain evidence of the recipient's consent in a form that may be promptly produced on request, and you honor recipient's and 10 Gigs Hosting's requests to produce consent evidence within 72 hours of receipt of the request.
- You have procedures in place that allow a recipient to easily revoke their consent - such as a link in the body of the e-mail, 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;
- You have the means to track anonymous complaints;
- You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the "TO" line of the e-mail; and You otherwise comply with the CAN SPAM Act and other applicable law.
9. Unsolicited E-Mail
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 your 10 Gigs Hosting's services.
10. 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:
- you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
- you are otherwise permitted by established United States copyright law to copy the work in that manner.
11. File Servers & Backup Dumps
10 Gigs Hosting does not allow accounts to be used for file servers or backup dumps. Accounts that host files (regardless if they are intellectually and legally owned or illegally hosted files), accounts solely used for these purposes will be suspended and wil be subject to an administration fee totalling $75, but not more than $275 for unsuspension. 10 Gigs Hosting reserves the right to suspend and/or teriminate the account in question without the acknowledgement of the account owner. 10 Gigs Hosting however will make every effort to contact the account owner before action is taken. If the account is not reconciled within 24 hours, the account owner acknowledges that the account in question may be terminated.
10 Gigs Hosting is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers' activities and disclaims any responsibility for any misuse of the 10 Gigs Hosting network.