Acceptable Use Policy
Your Rights and Responsibilities as an Equentity Hosting Customer
This Equentity LLC Acceptable Use Policy ("AUP") describes the proper kinds of conduct and prohibited uses of Equentity LLC's hosting services (the "Services"). This AUP is not exhaustive and Equentity LLC reserves the right to modify this AUP at any time, effective upon posting of the modified AUP at www.equentityhost.com/AUP.php. By registering for and using the Services, and thereby accepting the terms and conditions of this AUP, you agree to abide by these conditions as modified from time to time. Any violation of the AUP may result in the suspension or termination of your account or such other action as Equentity LLC deems appropriate.
Server Abuse
Any attempt to undermine or cause harm to a server, or customer, of Equentity LLC is strictly prohibited.
Unauthorized use of other people's accounts or computers Equentity LLC will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by an Equentity LLC customer, whether or not the attacked account or computer belongs to Equentity LLC, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE - Equentity LLC has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below. Equentity LLC is under no obligation to allow access to the offending account for data retrieval, and in some circumstances, data may be immediately and irrevocably removed from an offending account.
Customers may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: unsolicited emailing's, newsgroup spamming, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by Equentity LLC to be unacceptable use of Equentity LLC's services including abuse of server resources. Customers wishing to use Equentity LLC servers to send legal bulk email to lists exceeding 100 recipients must receive written permission in advance. Customers are responsible for ensuring email list entries are obtained and used legally; complaints may result in suspension or termination of services.
All hosting accounts may be terminated that include the following content or which have links to the following content:
- Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism or hatred.
- Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
- Displaying material that exploits children under 18 years of age.
- Anything that Equentity LLC determines to be obscene.
- Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
Data Transfer Traffic
Each plan with Equentity LLC comes with a predetermined data transfer usage amount. In the event that your account exceeds the transfer limitations included with your account you will be billed at the amount specified in the account details.
You will have 15 days to pay for your overages. If you do not pay for your overages or make satisfactory payment arrangements, your site may be disabled within 15 days of your first notice.
CGI Scripts
Each shared Unix web hosting account comes with its own cgi-bin, in which you are free to use any* CGI scripts you wish.
*See the Server Resource Abuse section.
Chat Rooms
We do not allow clients to install their own chat rooms within a shared hosting account, without approving it with the Equentity LLC Management. Most chat rooms are too CPU-intensive to run in a shared environment, and we cannot allow it as an account option. However, we do provide a choice of qualified chat rooms that will more than fill your needs and run without hindering the performance of the machine for others. Note: Parachat chat rooms do not apply to this rule. They are perfectly fine to install.
Abuse of SMTP Mail Server
We do not allow clients to send more than 2000 pieces of e-mail per day from a shared hosting account. If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 2000 per day please contact Equentity so we can accommodate you.
Background Running Programs
We may allow programs to run continually in the background. These will be considered on an individual basis and an extra charge may be incurred based on system resources used and operational maintenance needed.
IRC
We currently do not allow IRC clients or IRC bots to be operated on any of our servers. In addition, IRC servers are not permitted on our network. Anyone found to be in violation of this policy risks immediate account termination.
Excessive Use/Overages
You will not exceed the data transfer and storage limits outlined by your particular Web hosting package. If you use any transfer or storage space in excess of the agreed upon amount per month, Equentity LLC may, at its sole discretion, assess you with additional charges. If Equentity LLC elects to take any corrective action, Equentity LLC will not refund any unused pre-paid fees. Your use of your account and access to it is your responsibility. You are responsible for any unauthorized access to your account resulting in data transfer and/or storage usage exceeding the limits outlined in your particular web hosting package specifications and resultant charges. Data transfer overages are currently billed at $1.00/GB/month. Disk space overages are currently billed at $.10/MB/month disk space.
Likewise, you may not overly encumber server CPU resources. Hosting in a shared environment means sharing resources with other customers, and Equentity LLC may take action, up to suspension of an account, if it deems, at its sole discretion, that server CPU resources are being abused. Typical benchmarks for unusually high CPU usage by a single account are 20% CPU usage for more than 120 seconds or 10% CPU usage sustained for five minutes, though Equentity LLC may review other factors in its decision to take action. In the event action must be taken, we will discuss upgrade options with our customers and assist them in locating a suitable provider and assist them in their transition to a more suitable hosting environment.
Intellectual Property Rights
Material accessible to you through Equentity LLC services may be subject to protection under the United States, Canada, or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use Equentity LLC or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Equentity LLC network. If you use a domain name in connection with Equentity LLC or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Network Security
Customers may not use the Equentity LLC network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Equentity LLC will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability. You are solely responsible for any security breaches affecting servers or accounts under your control. If your server or website is responsible for or involved in an attack on or unauthorized access into another server or system, Equentity LLC will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting Equentity LLC or any of its other customers.
Electronic Commerce
You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.
Static / Dynamic Content Caching
You expressly (i) grant to Equentity LLC a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by Equentity LLC under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
IP Address Ownership and Usage
Equentity LLC shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Equentity LLC and Equentity LLC reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
IP Address usage must be justifiable, as per ARIN guidelines. Justifiable uses are listed below
SSL Encryption - Service Domain - Virtual FTP server - Anonymous FTP server.
Copyright Infringement
DIGITAL MILLENNIUM COPYRIGHT ACT
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the Interactive-Hosting system or Web site should be sent ONLY to our Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING Equentity LLC THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g. REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
Written notification must be submitted to the following Designated Agent:
Equentity LLC
re:Copyright
11046 Thoresby Cir NW,
Uniontown, Ohio
44685, USA
abuse1@equentity.com
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
1. Physical or electronic signature of a person authorized to act on behalf of the copyright owner.
2. Identification of the copyrighted work claimed to have been infringed or a representative list if multiple works are involved.
3. Identification of the material that is claimed to be infringing that should be removed or access to disabled and information reasonably sufficient to enable the online service provider to locate the material (usually a URL to the relevant page).
4. Information reasonably sufficient to allow the online service provider to contact the complaining party (address, phone number, e-mail address).
5. Statement that the complaining party has "a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law."
6. Statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
Lawful Purpose
Equentity LLC reserves the right to refuse service to anyone. Customers may only use Equentity LLC servers for lawful purpose. Transmission of any material in violation of any Federal, State, Provincial or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Equentity LLC management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiction this contract was entered into and performed in Uniontown, Ohio, and any dispute will be litigated or arbitrated in Uniontown, Ohio. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Ohio County Courts. IN NO EVENT SHALL Equentity LLC'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD Equentity LLC HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST Equentity LLC, 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. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS Equentity LLC AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Equentity LLC'S SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM Equentity LLC'S SERVER.
Disclaimer
Equentity LLC WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. Equentity LLC MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE.
