Dazzling Host Acceptable Use Policy
As a provider of web site hosting and other Internet-related services, DazzlingHost Web Hosting Solutions offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. DazzlingHost Web Hosting Solutions respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, DazzlingHost Web Hosting Solutions reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, DazzlingHost Web Hosting Solutions has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using DazzlingHost Web Hosting Solutions' services. This AUP will be revised from time to time.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that DazzlingHost Web Hosting Solutions cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because DazzlingHost Web Hosting Solutions cannot monitor or censor the Internet, and will not attempt to do so, DazzlingHost Web Hosting Solutions cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must keep in mind that DazzlingHost Web Hosting Solutions does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over DazzlingHost Web Hosting Solutions' network and may reach a large number of people, including both subscribers and non-subscribers of DazzlingHost Web Hosting Solutions, subscribers' postings to the Internet may affect other subscribers and may affect DazzlingHost Web Hosting Solutions' goodwill, business, reputation or operations. For these reasons, subscribers violate DazzlingHost Web Hosting Solutions policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
DazzlingHost servers may offer the service only for lawful purposes. Transmission, storage, or distribution of any information, data or material in violation of any law or regulation is prohibited. But it not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Non-acceptable content or links includes: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. The subscriber to DazzlingHost service agrees to indemnify and hold harmless DazzlingHost from any claims resulting from the use of the service that damages the subscriber or any other party. DazzlingHost will be the sole arbiter as to what constitutes a violation of this provision.
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward DazzlingHost Web Hosting Solutions, but also because it can overload DazzlingHost Web Hosting Solutions' network and disrupt service to DazzlingHost Web Hosting Solutions' subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, DazzlingHost Web Hosting Solutions will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore DazzlingHost Web Hosting Solutions reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should DazzlingHost Web Hosting Solutions choose to pursue and prosecute. Spamming(UCE (Unsolicited Commerce Email)), or the sending of mass unsolicited email, from or through a DazzlingHost server or using an email address that is maintained on a DazzlingHost machine is STRICTLY prohibited. DazzlingHost will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP or IPP, but channeling activities through a DazzlingHost server as a maildrop for responses, you are in violation. Violators will be assessed a minimum of $300.00 fine and will face an immediate suspension. See our NO SPAM Policy for more details.
Audio/Video Streaming is not hosting friendly. As such, DazzlingHost Web Hosting Solutions does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.
Large File Policy
DazzlingHost Web Hosting Solutions is not for file hosting and distribution - as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail admin@DazzlingHost.com.
Obscene Speech or Materials
Using DazzlingHost Web Hosting Solutions' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. DazzlingHost Web Hosting Solutions is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
Defamatory or Abusive Language
Using DazzlingHost Web Hosting Solutions' network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.
Forging of Headers
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.
Facilitation a Violation of this AUP
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.
Export Control Violations
Exporting encryption software over the Internet or otherwise, to points outside the United States.
DazzlingHost Web Hosting Solutions reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Other Illegal Activities
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.
DazzlingHost performs daily backups on all servers to ensure critical files are never lost. However DazzlingHost are NOT responsible for lost data, time, income or any other resource due to faulty backups or non-existent backups. Please always backup your own data for Redundancy.
The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of DazzlingHost service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. Examples > Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of DazzlingHost to provide this knowledge or support outside matter specific to DazzlingHost servers.
Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra for VPS Or dedicated server / semi-dedicated server (which depends on the resource needed) or reducing the resource used to an acceptable level. DazzlingHost shall be the sole arbiter of what is considered to be a high server usage level.
Multimedia files are defined as any graphics, audio, and video files. DazzlingHost Web Hosting accounts are not to be used for the purposes of distributing and storing unusual amount of multimedia files. Any Web site whose disk space usage for storing the multimedia files exceed, either in terms of total size or number of files, will be deemed to be using unusual amount of multimedia files.
DazzlingHost will take necessary steps to register domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. DazzlingHost does not take responsibility for failing to renew domain names. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire. We do not handle renewals unless specifically asked for by sending a ticket to our helpdesk.
DazzlingHost reserves the right to add, delete, or modify any provision of this Policy at any time without notice.
Engaging in activities, whether lawful or unlawful, that DazzlingHost Web Hosting Solutions determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. DazzlingHost Web Hosting Solutions will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with DazzlingHost Web Hosting Solutions' policy or applicable law. However, when DazzlingHost Web Hosting Solutions becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by DazzlingHost Web Hosting Solutions.
DazzlingHost Web Hosting Solutions is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching DazzlingHost Web Hosting Solutions' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. DazzlingHost Web Hosting Solutions does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. DazzlingHost Web Hosting Solutions reserves the right to directly take action against a customer of its subscribers. Also, DazzlingHost Web Hosting Solutions may take action against the DazzlingHost Web Hosting Solutions' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, DazzlingHost Web Hosting Solutions anticipates that subscribers who offer Internet services will cooperate with DazzlingHost Web Hosting Solutions in any corrective or preventive action that DazzlingHost Web Hosting Solutions deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of DazzlingHost Web Hosting Solutions policy.
DazzlingHost Web Hosting Solutions will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. DazzlingHost Web Hosting Solutions may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, DazzlingHost Web Hosting Solutions may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. DazzlingHost Web Hosting Solutions assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, DazzlingHost Web Hosting Solutions may disclose subscriber information or information transmitted over its network where necessary to protect DazzlingHost Web Hosting Solutions and others from harm, or where such disclosure is necessary to the proper operation of the system. However, DazzlingHost Web Hosting Solutions will never sell information to other services or outside companies.
DazzlingHost Web Hosting Solutions expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate DazzlingHost Web Hosting Solutions policy. Finally, DazzlingHost Web Hosting Solutions wishes to emphasize that, in signing the Service Agreement, subscribers indemnify DazzlingHost Web Hosting Solutions for any violation of the Service Agreement, law or DazzlingHost Web Hosting Solutions policy resulting in loss to DazzlingHost Web Hosting Solutions or the bringing of any claim against DazzlingHost Web Hosting Solutions by any third party. This means that, if DazzlingHost Web Hosting Solutions is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against DazzlingHost Web Hosting Solutions, plus costs and reasonable attorney's fees. We hope this AUP is helpful in clarifying the obligations of Internet users, including DazzlingHost Web Hosting Solutions and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to admin@DazzlingHost.com.