The purpose of this Acceptable Use Policy is to enhance the quality of the Services and to protect hostpoints.net customers, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This Policy applies to each Customer and its employees, agents, contractors or other users of such Customer who obtain Services from us. Each User should use common sense and good judgment in connection with the Services. Parents or guardians should always supervise minors in using the Internet. Parents and guardians should remain aware at all times of what is on the Internet and how the minors under their care are using the Services and the Internet.
I) Prohibited Uses
A. Utilize the Services to send mass unsolicited e-mail to third parties.
B. Utilize the Services in connection with any illegal activity. Without limiting the general application of this rule, Users may not:
(i) Utilize the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization.
(ii) Utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party.
(iii) Utilize the Services to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law.
(iv) Utilize the Services in any manner that violates applicable law.
C. Utilize the Services in connection with any tortious or actionable activity. Without limiting the general application of this rule, Users may not:
(i) Utilize the Services to publish or disseminate information that
(A) constitutes slander, libel or defamation,
(B) publicizes the personal information or likeness of a person without that person's consent or
(C) otherwise violates the privacy rights of any person.
(ii) Utilize the Services to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law.
D. Utilize the Services in connection with any other disruptive or abusive activity. Without limiting the general application of this rule, Users may not:
(i) Utilize the Services to cause denial of service attacks against our or other network hosts or Internet users or to otherwise degrade or impair the operation of hostpoints.net servers and facilities or the servers and facilities of other network hosts or Internet users.
(ii) Utilize the Services to subvert, or assist others in subverting, the security or integrity of any hostpoints.net systems, facilities or equipment.
(iii) Utilize the Services to gain unauthorized access to the computer networks of hostpoints.net or any other person.
(iv) Utilize the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code.
(v) Utilize the Services to
(A) forge the signature or other identifying mark or code of any other person,
(B) impersonate or assume the identity or any other person, or
(C) engage in any other activity (including "spoofing") to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous remailer or Internet nicknames).
(vi) Utilize the Services to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services.
(vii) Utilize the Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator).
(viii) Utilize the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam.
(ix) Utilize the Services to solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or spam.
(x) hostpoints.net has no restrictions on contents. Adult materials, MP3s, games, and audio/video streaming are permitted. However, customers are strictly prohibited from using egg-drops, warez materials, shell hosting, proxy servers, and IRC of all types on hostpoints.net servers and network.
(xi) Utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons.
hostpoints.net expressly disclaims any obligation to monitor its Customers and other Users with respect to violations of this Policy. hostpoints.net has no liability or responsibility for the actions of any of its Customers or other Users or any content any User may post on any Web site.
A. Reporting Non-Copyright Violations. hostpoints.net encourages Users to report violations of this policy by e-mail, including in any such report the name of the offending domain and the type of abuse (i.e. spam, illegal acts, harassment, etc.) in the "subject" field of the e-mail.
B. Reporting Copyright Violations. hostpoints.net complies with the Digital Millennium Copyright Act ("DMCA"). hostpoints.net encourages Users to report an alleged copyright infringement involving a user by sending a notice to our e-mail.
C. If hostpoints.net learns of a violation of this Policy, hostpoints.net will respond to the customer and may, in hostpoints.net sole discretion, take any of the following actions, in accordance with the severity and duration of the violation:
(i) Warning the Customer.
(ii) Suspending the offending Customer from the Services.
(iii) Terminating the offending Customer from the Services.
(iv) Imposing fees or charges on the offending Customer account in
accordance with the applicable service contract.
(v) Removing the offending content.
(vi) Taking other action in accordance with this Policy, the applicable
service contract or applicable law.
III) Reservation of Rights
hostpoints.net reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving hostpoints.net Services, Customers and other
Users. hostpoints.net reserves all other rights to respond to violations of this Policy to the extent of applicable law and in accordance with any applicable contractual obligations.