This Acceptable Use Policy sets out the terms between you and us under which you may use the hosting services we provide ("Hosting Services" or "Services"). Your use of the Hosting Services means that you accept, and agree to abide by, all the policies in this Acceptable Use Policy, which supplement our Terms and Conditions.

1. Contact Details

It is your responsibility to ensure that the email address on your account is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. It may also be preferable to use an email address which is not yourname@yourdomain - i.e. the domain(s) you have hosted with us.

If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. Failure to respond to an email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via the support ticket system and will have a response within 48 hours.

We strongly recommend that you add our domain to your "safe senders" list to prevent any important notifications from us being incorrectly tagged as spam or junk mail.

2. Content

All Services provided by us may only be used for lawful purposes, in accordance with English Law.

Any account suspected to be engaged in fraudulent or illegal activity will be suspended and/or terminated from our Hosting Services, with or without notice.

Use of our Services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorised copying of music, books, photographs, or any other copyrighted work. Any account found to be in violation of another’s copyright will be suspended, or access to the material disabled. The offer for sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account.

Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our Hosting Services. If you believe that your copyright or trademark is being infringed upon, please Contact Us.

Using the Hosting Services as a backup or data storage facility is not permitted, with the exception of one backup of the same account. Please do not take backups of your backups.

Examples of unacceptable material include, but are not limited to:

• Proxy Scripts/Anonymisers
• Pirated Software/Warez
• Bruteforce Programs/Scripts/Applications
• Mail Bombers/Spam Scripts
• File Dump/Mirror Scripts (similar to rapidshare)
• Commercial Audio Streaming (more than one or two streams)
• Sale of any controlled substance
• Hateful/Racist/Harassment oriented sites
• Hacker focused sites/archives/programs
• Sites promoting illegal activities
• Forums and/or websites that distribute or link to warez/pirated/illegal content
• Fraudulent Sites (including, but not limited to sites listed at aa419.org and escrow-fraud.com)

If you are in any doubt regarding the acceptability of your site or content, please contact us via the support ticket system and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography. Any site found to host child pornography or linking to child pornography will be suspended immediately without notice and the appropriate authorities informed.

Although "Adult Content" is permitted on our servers, any material that, in our judgment, is illegal, or violates our Terms and Conditions of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

3. Security

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set the minimum permissions on directories to 755 and files to 644, or as restrictive as possible.

Users are ultimately responsible for all actions taken under their account!

If the use of an account results in a security breach or exploitation (i.e. hack) of their account, other accounts, or our server(s) we reserve the right to suspend or terminate that account with or without notice.

Pay Monthly Hosting reserves the right to charge the holder of the account a “clean up” fee before reinstating the account. The cost of the “clean up” fee is entirely at the discretion of Pay Monthly Hosting.

The majority of exploits typically target out of date software or scripts that are installed on user accounts. It is therefore your responsibility to ensure that any software or scripts used are updated to the current versions.

Exploits can also include the compromise and unauthorised use of credentials such as user name and password, typically gathered by either malware on your local machine or “brute force” attacks on your software or scripts. It is therefore your responsibility to take appropriate measures to minimise this risk.

It is also required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

4. Zero Tolerance Spam Policy - Please read this carefully!

We take a zero tolerance stance against sending of unsolicited email, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. This includes the forwarding of spam to external email addresses via accounts hosted on our servers, typically via outdated software exploits, vulnerable contact forms or comment moderation spam.

Sites advertised via spam (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to spam sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

Pay Monthly Hosting reserves the right to charge the holder of the account used to send any unsolicited email a "clean up" fee, including any charges incurred in blacklist removal. The cost of the “clean up” fee is entirely at the discretion of Pay Monthly Hosting.

5. Email Limits

There is a 360 email limit per hour per domain (i.e. 1 every 10 seconds). If you try to send more than this amount in any hour, your outgoing email will be blocked as potentially sending spam.

The reason we do this is to protect the integrity and reputation of all other accounts using the same shared server IP address as your account. If we did not have this restriction, the risk is that most of the e-mails would be rejected by the remote mail servers due to being identified as possible spam.

In addition, your domain and the shared IP address would more than likely be blacklisted as generating spam, certainly by major service providers such as GMAIL and HOTMAIL. This would result in your outgoing emails not being delivered but more importantly, this would also affect all other users on that particular shared server IP address as it would be blacklisted as generating spam. Please also refer to Section 4 above.

6. Mailing List Rules

• a. Throttling

  Any time you're sending a message, no matter how large your email list is, you must throttle it. We recommend you throttle it to (at the very least) sending 1 email every 10 seconds. If the mailing list software you're using does not allow you to throttle sending you must switch to an application or script that will.

  If you do not throttle and you try sending all 360 emails at once, your outgoing email service will be blocked. Please refer to Section 5 above.

  If you continually choose not to throttle your messages your account will most likely be suspended.

• b. List Size

  Any mailing list larger than 2,000 email addresses will require a dedicated hosting solution from us. Note: dividing one large list into smaller lists to get below this limit is not allowed. Any mailing list with over 600 email addresses is only allowed to be sent during set times to prevent high server loads. These times are between 10pm - 6am GMT.

• c. Double Opt-In

  The list must be a Double Opt-In list. This means a user has subscribed for a newsletter or other email marketing messages by explicitly requesting it and confirming the email address to be their own. Confirmation is usually done by responding to a notification/confirmation email sent to the email address the end user specified. The Double Opt-In method eliminates the chance of abuse where somebody submits someone else's email address without their knowledge and against their will. You will not be permitted to mail any mailing list that you were given or purchased. In doing so, this will also be considered spamming and may result in termination of the offending account.

• d. Guidelines

  Any mailing list MUST comply with the Privacy and Electronic Communications (EC Directive) Regulations 2003. However, the CAN SPAM regulations are internationally accepted and we strongly recommend that these are used.

• e. SMTP Mailers

  No direct SMTP mailers are allowed. An example of this would be a Darkmailer or The Bat!. Any mail should be sent through the local mail server/MTA for further delivery by the server and not done directly by scripts. Pay Monthly Hosting reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

7. Resource Usage

You may not:

• Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
• Run any type of web spider or indexer (including Google Cash / AdSpy).
• Run any software that interfaces with an IRC (Internet Relay Chat) network.
• Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our servers.
• Participate in any file-sharing/peer-to-peer activities.
• Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.

Note: When using PHP include functions for including a local file, include the local file rather than the URL. e.g. use include("include.php") instead of include("http://yourdomain.com/include.php")

8. Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting plan you purchase. Should your account exceed the allocated amount we reserve the right to: (i) suspend the account until the start of the next allocation; or (ii) suspend the account until you upgrade to a higher level plan; or (iii) apply a charge for the additional bandwidth used. Unused transfer in one month cannot be carried over to the next month.

9. Disk Space Usage

You are allocated a disk space allowance. This allowance varies depending on the hosting plan you purchase. Should your account exceed the allocated amount it will cease to function correctly (e.g. you may no longer be able to receive emails) and we reserve the right to: (i) suspend the account until you login to the account and delete files/emails/database tables etc to create free disk space; or (ii) suspend the account until you upgrade to a higher level plan; or (iii) apply a charge for the additional disk space used.

10. Staff Abuse

Any abuse of our staff, or abusive behaviour or language in any medium or format will result in the suspension or termination of your account.

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