This is the Acceptable Use Policy (AUP) of Automated Hosting.
All clients of Automated Hosting must abide by these policies.
Automated Hosting reserves the right to change and update these policies
as it sees necessary.
The main purpose of Automated Hosting is to facilitate
communication with the numerous computer networks commonly referred to
collectively as "the Internet." Automated Hosting's intention is to allow Automated Hosting's
users complete access to everything the Internet has to offer, with
minimal or no interference from Automated Hosting.
Many of the individual networks or portions of the Internet
have specific guidelines for use. It is not uncommon for an Internet Service Provider to
be blocked from use of another organization's system's due to violations of
that system's guidelines. Automated Hosting runs multi-user systems, therefore actions
of one Automated Hosting customer can have a severe impact on other customers'
ability to use the system(s). This is unfair to all Automated Hosting users.
Automated Hosting has developed these Acceptable Use Policies which
are intended to inform Automated Hosting's Customers of what Automated Hosting considers to be
acceptable conduct and use, and to inform Customers what actions Automated Hosting may take in the
event that Automated Hosting becomes aware of inappropriate use of Automated Hosting's
service. Automated Hosting may take these actions with or without notice.
All Automated Hosting Customers are expected to follow the policies set forth herein.
The intention of these policies is to protect Automated Hosting's technical
resources, to ensure our ability to continue to provide high quality services,
and to protect Automated Hosting's reputation as an Internet Service Provider.
- Warranties/Disclaimers
Automated Hosting services are provided on an "as is, as available" basis.
No warranties, express or implied, including, but not limited to,
those of merchantability or fitness for a particular purpose, are made
with respect to Automated Hosting or any information or software therein. You
release Automated Hosting from and Automated Hosting shall have no liability or responsibility
for any direct, indirect, incidental or consequential damages suffered
by you in connection with your use of or inability to use the Automated Hosting
services including, but not limited to, damages from loss of data
resulting from delays, non-deliveries, mis-deliveries, or service
interruptions, or due to inadvertent release or disclosure of
information sent by you even if the same is caused by Automated Hosting's own
negligence. Without limiting the generality of the foregoing, Automated Hosting
disclaims to the full extent permitted by applicable law any
responsibility for (and under no circumstances shall be liable for)
any conduct, content, goods and services available on or through the
Internet or the Automated Hosting services. In no event shall Automated Hosting's aggregate
liability exceed the amount paid by you to Automated Hosting for the Automated Hosting
services. Use of any information obtained via Automated Hosting services
is at the user's own risk. Automated Hosting specifically disclaims any
responsibility for the accuracy or quality of information obtained
through its services.
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UNDER NO CIRCUMSTANCES SHALL AUTOMATED HOSTING BE LIABLE FOR ANY INCIDENTAL,
UNCONSEQUENTIAL, OR CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED
TO THIS AGREEMENT, EVEN IF AUTOMATED HOSTING WAS INFORMED OF OR OTHERWISE AWARE OF THE POSSIBILITY THEREOF.
In no event shall Automated Hosting's liability for direct damages incurred for any reason and upon
any cause of action arising from or relating to this Agreement or the subject matter hereof
exceed the fees paid to Automated Hosting by Customer hereunder in said term in which the damages are incurred.
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Automated Hosting warrants that the services it performs in maintaining its services
will be rendered in a competent, professional manner. Automated Hosting does not warrant and specifically disclaims
any representations that its service will meet Customer's requirements or that their use
will be uninterrupted or error-free. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPH, AUTOMATED HOSTING DISCLAIMS
ALL OTHER EXPRESSED WARRANTIES AND ALL WARRANTIES, DUTIES AND OBLIGATIONS IMPLIED IN LAW, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Automated Hosting's limited warranty set forth herein is in lieu of all liabilities or obligations of
Automated Hosting for damages arising out of or in connection with its services.
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Automated Hosting is not obligated to verify the accuracy of any information contained on
Customer's page or verify that the information is any other way proper and acceptable.
Automated Hosting reserves the right to:
A.) Modify or delete any information or graphics supplied by Customer
in order to comply with current and future technical limitations and business requirements of the Internet service.
B.) Modify, delete or suspend dissemination or display of any
information or graphics supplied by Customer if Automated Hosting receives any complaints about
Customer's information or advertising:
- (i) being false, deceptive, unfair or inaccurate;
- (ii) violating another's intellectual property right; or
- (iii) containing language which defames or libels another or another's works.
C.) Suspend dissemination and display of the Customer's Internet page,
if Customer has not made a payment as required by this Agreement, or if Automated Hosting
determines that the information on the Customer's Internet page will damage the reputation of Automated Hosting.
- Security
The Customer is responsible for all use of their account(s) and
confidentiality of password(s). The customer is responsible for choosing safe passwords and
ensuring all file protections are set correctly. Automated Hosting will suspend access
or change access to Customer's account(s) upon notification by Customer that Customer's password has been lost,
stolen or otherwise compromised. Automated Hosting is not liable for any usage and
or charges prior to Automated Hosting making the necessary account alteration.
Customers should be aware that Electronic mail on this system is as private as we can make it.
Customers are reminded that no computer network can ever be considered completely safe from intrusion.
Customers should not consider e-mail a secure means of communication.
- Personal Files
Automated Hosting is not responsible for any Customer's personal files residing on
Automated Hosting servers. The Customer is responsible for independent backup of the Customer's
data that is stored on Automated Hosting servers. Automated Hosting reserves the right to delete
any Customer's personal files after one or both parties terminates the
service agreement between Automated Hosting and the Customer.
- Non-Transferability of Account
The use of Automated Hosting's services is not transferable. Use of
Automated Hosting accounts is expressly limited to the individual or business
whose name appears on the account and dependents of the account holder
living at the same address.
- Network Address Ownership
Any network IP addresses and Class C address space issued by
Automated Hosting to Automated Hosting customers are considered to be loaned
to its customers. In the event customer discontinues service with Automated Hosting for any
reason, such addresses will revert to Automated Hosting.
- Compliance with all Laws
Customer agrees to use the service in a manner consistent with any and
all applicable laws and regulations of the United States of America, the State
of Georgia, and the Customer's locality. Reproduction or transmission of
any material in violation of any local, state, U.S., or international
law or regulation is prohibited. The Customer agrees that any material to
be reproduced or transmitted on Automated Hosting's service through Customer's
account(s) does not violate or infringe any copyright, trademark,
patent, statutory, common law or proprietary rights of others, or
contain anything obscene, libelous or threatening. Software intended
to facilitate any such violations or infringements may not be stored
on Automated Hosting. The Customer shall defend, indemnify and hold harmless Automated Hosting from
and against any claims, liabilities and expenses, including attorney
fees, resulting from any Customer's use of the Automated Hosting service or a Customer's
account in an unlawful manner or otherwise in violation of or contrary
to the Customer's Agreement with Automated Hosting or Automated Hosting's Acceptable Use Policies.
Automated Hosting reserves the right to revoke any Customer's access to Automated Hosting
services or accounts for inappropriate usage.
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Customer represents and warrants to Automated Hosting that Customer owns or otherwise
has the right to display and disseminate the information and content provided on the Customer's
Internet page. Customer represents and warrants to Automated Hosting that such
information and content does not infringe on the intellectual
property rights of any third party. Customer represents and warrants to Automated Hosting that it has obtained,
and currently has, the necessary grants of rights from third parties which may be required
to display all content contained on customer's Internet page.
- Unacceptable Conduct
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The following types of conduct are grounds for immediate suspension
of service pending investigation by Automated Hosting. In addition the following types of
conduct may result in termination of the account(s) which the investigation determines to
have originated or transmitted these types of traffic.
(a) Hacking: any attempt to access computers, networks, or accounts belonging
to another party illegally or without authorization. This also includes activities such as port scanning,
stealth scans, or any other information gathering activities.
(b) Destructive Activities: Attempting to send or sending of denial of service attacks (DDOS),
internet viruses, worms, trojan horses, flooding, and pinging. Any activity that disrupts or interferes
with the usability of an Automated Hosting server, network, or system.
(c) Sending Unsolicited bulk and/or commercial email messages commonly
known as Spam from an Automated Hosting account. Automated Hosting has the final determination
whether the email messages are considered spam.
(d) Engaging in either Inappropriate Postings or Spam from a
provider other than Automated Hosting for the purpose of marketing a site which resides on an
Automated Hosting server or network, or promoting a site on an Automated Hosting server or
network through Spam from a non Automated Hosting server or network.
These tactics are commonly known as Spamvertisement.
(e) Excessive newsgroup posting of an article(s) or off-topic article(s) which
provoke complaints from the newsgroup readers for being inappropriate. This includes articles
for marketing or promoting a site which resides on an Automated Hosting server or network. Such
postings would be considered inappropriate postings.
(f) Harassment of individuals on the Internet after being
asked to stop by those individuals and/or by Automated Hosting. This includes using
Automated Hosting's network or servers to send abusive, harassing, or threatening language.
(g) Sending large volumes of unsolicited E-Mail (Spam) to
individuals or to individual business accounts. This practice is known as mail bombing.
(h) Impersonating another user or otherwise falsifying one's user name in
any Internet service including but not limited to, e-mail, IRC, Message Boards, or Usenet postings.
(i) Privacy violations: Any attempt to gain access to any other system
or user's private data without express consent of the user whether the attempt was successful or not.
(j) Use of background running programs or daemons including, but not
limited to, IRC bots, clone bots, eggdrop, and any other background running program.
(k) Any activity which violates United States Federal, State, or City law.
- Excess Utilization of System or Network Resources
Automated Hosting will be the sole arbiter as to what constitutes
a violation of resource usage limitations.
Bandwidth: Overage fees will apply for any account(s) which utilizes more than
it's assigned bandwidth allocation. Automated Hosting may suspend
account(s) which exceed it's assigned bandwidth allocation. Automated Hosting requires
that additional bandwidth allocation be paid for before actual usage of the additional
bandwidth. Automated Hosting recommends that customers monitor their account(s) bandwidth usage to
determine if additional bandwidth allocation is needed for that billing cycle.
Disk Usage: Overage fees will apply for any account(s) which utilizes more than
it's assigned disk space allocation. Automated Hosting may suspend
account(s) which exceed it's assigned disk space allocation. Automated Hosting may requires
that additional disk space allocation be paid for before actual usage of the additional
disk space.
CPU Usage: Automated Hosting shared, reseller, and virtual private server accounts
reside on a shared machine. In fairness to other accounts which share the machine,
Automated Hosting cannot allow one or more accounts to use most of the available
CPU resources available on a shared machine. Account(s) which are found to be using
excessive CPU usage will be notified via E-mail by Automated Hosting.
The E-mail notification will provide suggestions to reduce the excessive CPU usage or
account upgrade options. Automated Hosting may suspend or cancel account(s) that continue to
use excessive CPU usage after E-mail notification. Automated Hosting reserves the right
to suspend an account(s) immediately that affects Automated Hosting's ability to provide
services to other accounts on the shared machine. Excessive usage is defined as
any usage that results in degraded performance of the server or machine.
- Compliance with Rules of Other Networks
Any access to other networks connected to Automated Hosting's services must
comply with the rules and/or policies for that other network in addition to Automated Hosting's
rules and/or policies.
- Monitoring/Privacy
In general, the internet is neither more or less secure than other
common means of communication including mail, facsimile, and telephone service. All
of these means of communication can be compromised. Customer agrees that Automated
Hosting is not considered a secure means of communications for the purposes of the
Electronic Communications Privacy Act and customer has no expectation of privacy.
Automated Hosting reserves the right to examine system logs and other records to
determine if privacy violations or other violation activities have occurred.
Automated Hosting reserves the right to examine a customer's mailbox or other files
stored on Automated Hosting servers to resolve system problems, mail system errors,
or any other support issues.
- Cooperation with Authorities
Automated Hosting reserves the right to cooperate with law enforcement and other
authorities in investigating claims of illegal activity including, but
not limited to, illegal transfer or availability of copyrighted
material, postings or e-mail containing threats of violence or other
illegal activity. Customer agrees that Automated Hosting has no
obligation to notify client that client information has been disclosed or provided.
- Confidentiality of Personal Subscriber Information
Automated Hosting will not release a Customer's personal subscriber
or billing information to any third party except upon
presentation of a valid court order, subpoena, summons, warrant,
statute, or discovery request of a government or entity within
our jurisdiction. Customer agrees that Automated Hosting is the sole arbiter as to the
validity of any request for information.
- Automated Hosting's Right to Suspend or Cancel Account
Automated Hosting reserves the right to suspend or cancel service(s) to a Customer at
any time and without notice, for any reason, including, but not
limited to, refusal or failure to pay for services provided by Automated Hosting or at
the sole discretion of Automated Hosting that the Customer may be performing activities
which are harmful to Automated Hosting or its Customers, employees, vendors, or any
other users of the Internet.
- Right to Damages
Automated Hosting reserves the right to collect damages including,
but not limited to, software, hardware and/or man
hours, if any harm is done to Automated Hosting that requires repair or
reconfiguration.
- Other Remedies/Non-Waiver
Nothing contained in these policies shall be construed to limit
action Automated Hosting may take with respect to any of the described conduct.
Automated Hosting reserves the right to
take any additional actions deemed necessary by Automated Hosting with respect
to such conduct. These additional actions may include, but not limited to,
recover investigative costs and expenses to identify offenders and remove offenders
from Automated Hosting's services. Non-enforcement of any policy or rule herein does not
constitute consent or waiver, and Automated Hosting reserves the right to enforce
such policy or rule at its sole discretion.
- Automated Hosting's Right to Change Service
Automated Hosting reserves the right to change without notice
the services offered by Automated Hosting including, but not limited to,
access procedures, operating hours, Automated Hosting's company web sites, menus,
commands, documentation, vendors and services offered.
- Automated Hosting's Right to Modify its Acceptable Use Policies (AUP)
Automated Hosting reserves the right to modify this AUP as
deemed necessary. Customer's use of Automated Hosting's service(s) after changes
are posted to Automated Hosting's web site shall constitute acceptance of the
modifications made to these policies.
- Indemnifications
Customer agrees to defend, indemnify and hold harmless Automated Hosting
and its owners, officers, shareholders, directors, employees, affiliates and subsidiaries
from and against any and all claims, demands, liabilities, proceedings, damages, injuries,
losses, costs and expenses (including, without limitation, reasonable attorneys' fees) arising
out of or relating to:
A.) Any acts or omissions by Customer undertaken in connection
with the Internet page, including, without limitation, those arising out of or related to any branch of:
- (i) any Customer warranties, representations, or covenants hereunder;
- (ii) inaccuracy of any information, including false advertising claims and unfair competition claims;
- (iii) claims and investigations made by any Federal or State agency arising out of
information contained on the Customer's Internet page.
B.) Violations of any third-party intellectual property rights,
or any claim of infringement, misappropriation or violation of a right of a third party
(including, without limitation, a trade secret claim, a defamation or libel claim, or an obscenity claim).
- Miscellaneous Provisions
- Prevention of Performance
The parties shall not be liable for any delay or failure of performance of
this Agreement if such failure is caused by acts of God, war, governmental decree, power failure,
judgment or order, strike, communications failure, equipment or software malfunction, or other
circumstances, whether or not similar to the foregoing, which are beyond the reasonable control of such party.
- Entire Agreement
This instrument embodies the whole agreement between the contracting parties.
There are no promises, representations, conditions, or terms other than those contained herein.
- Severability
The provisions of this Agreement are severable. If any provision is determined
by a court of competent jurisdiction or a governmental regulatory entity to be invalid or unenforceable,
in whole or in part, that provision shall be construed or limited in such a way as to make it enforceable,
consistent with the manifest intentions of the parties. If such a construction or limitation is not
possible, the unenforceable provision will be stricken, and the remaining provisions of this Agreement
will remain valid and enforceable.
- Waiver
Failure by either party to insist upon the strictest performance or observance
of any provision of this Agreement or to exercise any right or remedy arising out of this Agreement
shall not be construed as a waiver of any right or remedy with respect to any existing or subsequent breach or default.
- Notices
Any and all written notices, communications, or payments shall be made to the
respective parties at their addresses indicated in the first paragraph of this Agreement or at
such other address as a party may indicate in a written notice to the other party to this Agreement.
Questions should be directed to admin@automatedhosting.com.
