EDK Hosting Solutions - Acceptable Use Policy

EDK HOSTING SOLUTIONS

ACCEPTABLE USE POLICY

EDKHosting.com’s Acceptable Use Policy ("AUP") for EDKHosting.com’s Products and Services is designed to help protect EDKHosting.com, EDKHosting.com’s customers and the Internet community in general from fraud, abuse of resources, and irresponsible or illegal activities.

As an Internet Service Provider, it is not practical for EDKHosting.com to monitor the content of information passing through its network. EDKHosting.com exercises no control whatsoever over the content of any information passing through its network and is not responsible for damages customer may suffer for any reason. The persons and organizations, including EDKHosting.com customers, who publish materials and information which are accessible through the EDKHosting.com networks are solely responsible for the content of such materials and information, and are solely responsible to know and to comply with all laws applicable to the publication of such materials and information. EDKHosting.com will cooperate with legal authorities in the investigation of any suspected criminal or civil infringements.

As stated in the terms and conditions for EDKHosting.com Products and Services, EDKHosting.com has the right to suspend or terminate the account of an offending customer or take other action as EDKHosting.com deems appropriate without notice.

Acceptable Uses:

1. The following acceptable use guidelines should be followed by all those who use our hosting services and that they must follow these rules or both their account and all sub accounts are subject to termination. EDKHosting.com services are only to be used for lawful purposes. Customers may not transmit, retransmit or store material in violation of any Federal or State laws or regulations, including, but not limited to, obscenity, indecency, defamation or infringement of trademark or copyright. EDKHosting.com customers may not, nor may they permit or assist others to abuse or fraudulently use EDKHosting.com Products and Services, including but not limited to the following activities stated below.

Content:

1. All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening, obscene, demeaning to others, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold us harmless from any claims resulting from the use of the service which damages the subscriber or any other party. In addition any site selling or promoting Bulk email services is not allowed.

Child pornography and pornography in general:

1. It is illegal under Federal child exploitation statutes to possess, produce, receive, transport or distribute by any means, including computer, visual depictions of "sexual intercourse" and/or "sexually explicit conduct" involving children. EDKHosting.com will not tolerate any use of its Products and Services surrounding these activities.

NOTE: Pornography and sex-related merchandising are prohibited on all servers. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited.

Examples of non-acceptable content or links:

Pirated software
Hacker programs or archives
Warez Sites
Irc Bots
Mp3s if being illegally distributed

* We will be the sole arbiter as to what constitutes a violation of this provision*

Denial of Service:

1. Knowingly engaging in any activities that will cause a denial-of-service (EG, synchronized number sequence attacks) to any user, host or network.

Distribution of Viruses:

1. Intentional distribution of software that attempts to and/or causes damage or annoyance to persons, data, and/or computer systems are prohibited.

Email Spamming or Mail bombing:

1. Transmitting of unsolicited Email to multiple recipients, sending large amounts of Email repeatedly to a person to harass or threaten, or attempting to use EDKHosting.com servers as a mail drop or name server for SPAM will not be tolerated. Such offenses negatively impact system performance and are an abuse of Internet resources. Each abuse will be billed at $100 per message/recipient, and may also result in suspension or termination of service.

Fraudulent Activities:

1. Fraud is an intentional misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it, or, obtaining or attempting to obtain service by any means or device with intent to avoid payment.

Hacking or "Spoofing":

1. EDKHosting.com will not tolerate any customer or end-user attempting to access any computer resource not belonging to that user, or attempting to penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

Network Sabotage:

1. Any use of EDKHosting.com Products and Services to interfere with the use of Internet resources or the EDKHosting.com network by other customers or end-users.

Pyramid Schemes:

1. Posting of such scams may result in legal inquiries, suspension and/or termination of service.

Usenet Spamming / Chat Rooms:

1. Posting of messages to newsgroups that are irrelevant, blanket posting of messages to multiple newsgroups, and the posting of harassing and/or threatening messages will not be tolerated.

Email / Message Forging:

1. Forging any message header, in part or whole, of any electronic transmission, originating or passing through the EDKHosting.com network is in violation of this AUP.

CGI Scripts:

1. Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation without prior warning.

Background Running Programs:

1. Background daemons in general are prohibited, we will consider requests on a one on one basis. If allowed extra charges will be assessed based on resources on system maintenance needed.

IRC:

1. We currently do not allow IRC or IRC bots to be operated on our servers.

Commercial Advertising - Email:

1. Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above.

2.Advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. In addition, we will impose a $100 penalty for each spam policy violation.

3.We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy.

NOTE: As such, any violation will result in immediate deactivation of services without refund.

Server Abuse:

1.Any attempts to undermine or cause harm to a server is strictly prohibited.

Indemnification:

1. Customer agrees that it shall defend, indemnify, save and hold EDKHosting.com and it's associates harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against EDKHosting.com, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns.

2. Customer agrees to defend, indemnify and hold harmless EDKHosting.com against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with EDKHosting.com's servers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.

Refusal of Service:

1. We reserve the right to refuse or cancel service at our sole discretion.

Disclaimer:

1. EDKHosting.com will not be responsible for any damages your business may suffer. EDKHosting.com makes no warranties of any kind, expressed or implied for services we provide. EDKHosting.com disclaims any warranty or merchantability or fitness for a particular purpose.

2.This includes loss of data resulting from delays, and any and all service interruptions caused by EDKHosting.com and its employees. EDKHosting.com reserves the right to change or update policies without notice.

NOTE: If any terms or conditions are failed to be followed it may result in account deactivation.

Account Upgrades:

1. You may upgrade your services at any time. Email us if you are interested in upgrading at upgrade@EDKHosting.com. When you upgrade your services, this is a permanent upgrade unless you email us and let us know that you only want that particular upgrade for that month. We do not allow you to go back and forth between hosing accounts.

Uses of Linked Sites:

1. In many cases, we link to websites to provide you with what we believe are superior services. Sometimes the websites we link to provide our clients with a service or product for a reduced price. Sometimes we just link to websites that pay to advertise on our site. In all cases, we are not responsible for their services or products and if you find yourself with a problem with anyone else's website, please submit any and all complaints to the webmasters of the site you are having the problem with.

2. For complete details of a product or service always check with the site providing the service. They can give you the most up to date information and prices. If there is a problem with fraudulent information, feel free to let us know and if we think problem is more than just a simple mistake, we will discontinue our association with that company or site. We only want to provide the best for our clients but we cannot be held responsible for someone else's product, service or website.

30 Day Guarantee:

1. We stand behind our products and services and want our clients to be happy with their decision to use EDKHosting.com for all of their web needs and so we offer a 30 day money back guarantee. We cannot however guarantee domain registrations because when you register a domain name, it is your sole property for the length of time it was paid for. Basically the only aspect that is covered under our 30 day money back guarantee is web hosting services on new accounts only.

2. What does your uptime guarantee mean? If you don't meet 99.9%, do I get a rebate?

We guarantee that your website will be up and running at least 99.9% of the time of any 12-month period. Please note that we have no influence on external issues such as Acts of God, Wars, third-party problems, etc and as such, these incidents are not covered by the uptime guarantee. Incidents that are not covered as well include unplanned and planned server maintenance, server reboots as well as outages which are not directly related to our network, such as main core backbone outages or other related service issues which we have no direct influence on.

Please note that we always try to work as hard and as fast as humanly possibly in case of system issues.

If we fail to meet 99.9% uptime as explained by above terms and if the failure is decisive, EDKHosting.com will agree to issue free months of service as a renumeration for downtime.

Customer Responsibilities:

1. Commercial Services are intended solely for the use of the contract holder and its corporate affiliates and/or subsidiaries which are connected by LAN, WAN or remote access applications, and may not be re-sold to or used by any outside entity without prior written consent from EDKHosting.com.

2. Each EDKHosting.com customer (Commercial and ISP/Reseller) is responsible for the activities of its customer base or end-users and, by accepting service from EDKHosting.com , agrees to inform its customers and/or end-users of this AUP or its own Acceptable Use Policy. Complaints about customers or end-users of an EDKHosting.com customer will be forwarded to the EDKHosting.com customer's technical contact for action.

3. If the offending activity continues, then the EDKHosting.com customer's Products and Services may be subject to termination or other action as EDKHosting.com deems appropriate without notice.

Violations and Enforcement:

1. At EDKHosting.com's sole discretion, violations may result in a warning to the offender, $20 to $500 in violation fees, suspension of service and/or termination of service. EDKHosting.com will enforce this AUP according to the severity of the offense and violator's history of prior AUP infringements. Repeated offenses will result in immediate termination of service.

2. EDKHosting.com has no practical ability to monitor all conduct, communications, or content which might violate this AUP prior to its transmission on the EDKHosting.com network but may do so at its discretion. Therefore, EDKHosting.com does not assume liability for violation of the aforementioned infringements.

3. EDKHosting.com reserves the right to modify this AUP at any time without prior notification to customers; as such we recommend that customers check this page from time to time.

NOTICE:

1. If you sign up for an account and do not follow our terms. No refunds will be given. We will however let you know by email or phone before any action is taken you will have a chance to solve the matter. FURTHERMORE, EDKHosting.com retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification. The agreement constitutes the entire agreement between the parties hereto.

2. Facilitating 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.