WEB HOSTING ACCEPTABLE USE POLICY
Last Updated: April 10, 2011
This Acceptable Use Policy(AUP) sets forth guidelines relating to the types of content that you may upload to the web servers under your agreement with Embedded XLence,LLC dba Firestorm Creative Studios (herein FIRESTORM) for web hosting services (the “SERVICES”) including Website Hosting, File Transfer Protocol (FTP), email and all related services. FIRESTORM may remove any materials that, in its sole discretion, may be illegal, may subject it to liability, or which may violate this Acceptable Use Policy. FIRESTORM will cooperate with legal authorities in the investigation of any suspected or alleged crime or civil wrong arising from any use of the SERVICES. Your violation of this Acceptable Use Policy may result in the suspension or termination of either your access to the SERVICES and/or your account or other actions as detailed in the Web Hosting Agreement.
Inquiries regarding this policy should be directed to service@firestormcs.com.
Abuse
You may not use FIRESTORM’s hosting network or SERVICES to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:
• 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 without express authorization of the owner of the system or network;
• Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;
• Interference with service to any user of the FIRESTORM’s hosting or other 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;
• Collecting or using email addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting);
• Collecting or using information without the consent of the owner of the information;
• Use of any false, misleading, or deceptive TCP–IP packet header information in an email or a newsgroup posting;
• Use of the service to distribute software that covertly gathers information about a user or covertly transmits information about the user;
• Use of the service for distribution of advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems; (such as Microsoft’s “ad/remove” tool); or
• Any conduct that is likely to result in retaliation against the FIRESTORM’s network or website, or FIRESTORM’s employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).
Excessive Use of System Resources
You may not use your SERVICE in a way that unnecessarily interferes with the normal operation of the FIRESTORM SERVICES generally. In such circumstances, we may require you to repair abnormalities in your code if the operation of the code unnecessary conflicts with other customers’ use of their SERVICES.
Bulk or Commercial E–Mail
You must obtain FIRESTORM’s advance approval for any bulk or commercial e–mail, which will not be given unless you are able to demonstrate, at a minimum, that:
• 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 the recipient’s and FIRESTORM’s requests to produce consent evidence within 72 hours of receipt of the request;
• You have procedures in place that allow a recipient to 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; you honor revocations of consent within 48 hours, and you notify recipients that the revocation of their consent will be implemented in 48 hours;
• You must post an email address for complaints (such as abuse@yourdoman.com) in a conspicuous place on any website associated with the email, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
• You must have a Privacy Policy posted for each domain associated with the mailing;
• You have the means to track anonymous complaints;
• You must not obscure the source of your e–mail in any manner. Your e–mail must include the recipient’s e–mail address in the body of the message or in the “TO” line of the e–mail;
• You must not attempt to send any message to an email address if 3 consecutive delivery rejections have occurred and the time between the third rejection and the first rejection is longer than fifteen days.
• These policies apply to messages sent using the 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 the SERVICES. In addition, you may not use a third party e–mail service that does not practice similar procedures for all its customers. These requirements apply to distribution lists created by third parties to the same extent as if the list were created by you.
• FIRESTORM 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. In addition, FIRESTORM may block the transmission of email that violates these provisions.
Authenticated SMTP Policy
In addition to the requirements above, you may not send email messages of similar content through FIRESTORM’s SMTP servers to more than two–hundred and fifty (250) recipients. Attempts to circumvent this restriction by breaking up bulk email over time, using multiple accounts, or other means will be a violation of this restriction.
FIRESTORM may block mail that violates this AUP. In addition, your mail services may be suspended or terminated for violation of this AUP in accordance with the Terms of Service.
Mail Relays
Generally, we do not allow bulk or commercial e–mail to be sent to more than five–thousand (5,000) users per day at a rate of 250 messages every 20 minutes. If you would like to send more than 5,000 messages per day, please contact a member of our support team for additional information.
Vulnerability Testing
You may not attempt to probe, scan, penetrate or test the vulnerability of a FIRESTORM hosting system or network or to breach FIRESTORM’s security or authentication measures, whether by passive or intrusive techniques, without FIRESTORM’s express written consent.
Newsgroup, Chat Forums, Other Networks
You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off–topic commercial messages, or mass postings to multiple forums.
You must comply with the rules of any other network you access or participate in using your FIRESTORM SERVICES.
Offensive Content
You may not publish, transmit or store on or via FIRESTORM’s network and equipment any content or links to any content that FIRESTORM reasonably believes:
• Constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, or non–consensual sex acts;
• 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;
• infringes on another person’s copyright, 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 FIRESTORM; or
• is otherwise malicious, fraudulent or may result in retaliation against FIRESTORM by offended viewers.
• Content “published or transmitted” via FIRESTORM’s network or equipment includes Web content, email, bulletin board postings, chat and any other type of posting or transmission that relies on the Internet.
Copyrighted Material
You may not use FIRESTORM’s hosting network or SERVICES to download, publish, distribute, or otherwise copy or use in any manner any text, music, software, art, image 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; or
• you are otherwise permitted by established copyright law to copy the work in that manner.
It is FIRESTORM’s policy to terminate in appropriate circumstances the SERVICES of customers who are repeat infringers.
Other
You must have valid and current information on file with your domain name registrar for any domain hosted on the FIRESTORM network.
• You may only use IP addresses assigned to you by FIRESTORM in connection with your FIRESTORM SERVICES.
• You agree that if FIRESTORM IP numbers assigned to your account are listed on an abuse database like Spamhaus, you will be in violation of this AUP, and FIRESTORM may take reasonable action to protect its IP numbers, including suspension and/or termination of your service, regardless of whether the IP numbers were listed as a result of your actions;
• You agree that we may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other customers’ data that is stored on the same system.
NO HIGH RISK USE
You may not use the SERVICES in any situation where failure or fault of the SERVICES could lead to death or serious bodily injury of any person, or to physical or environmental damage. For example, you may not use, or permit any other person to use, the SERVICES in connection with aircraft or other modes of human mass transportation, nuclear or chemical facilities, or Class III medical devices under the Federal Food, Drug and Cosmetic Act.
SLA
No credit will be given for interruptions of service resulting from AUP violations.
DICLAIMERS
We do not promise that the Services will be uninterrupted, error-free, or completely secure. You acknowledge that there are risks inherent in Internet connectivity that could result in the loss of your privacy, Confidential Information, and property. FIRESTORM has no obligation to provide security. We disclaim any and all warranties, including the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. You are solely responsible for the suitability of the service chosen, the Services are provided AS IS.
EXPORT MATTERS
You represent and warrant that you are not on the United States Department of Treasury, Office of Foreign Asset Controls list of Specially Designated National and Blocked Persons and are not otherwise a person to whom FIRESTORM is legally prohibited to provide the Services. You may not use the Services for the development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles, in a country listed in Country Groups D: 4 and D: 3, as set forth in Supplement No. 1 to the Part 740 of the United States Export Administration Regulations, nor may you provide administrative access to the Service to any person (including any natural person or government or private entity ) that is located in or is a national of Cuba, Iran, Libya, Sudan, North Korea or Syria or any country that is embargoed or highly restricted under United States export regulations.
