Acceptable use policy (AUP)
This is St Louis
Hosting Solutions Usage Policy, which supplements the service
agreement of each user of St Louis Hosting Solutions services (each,
a "Subscriber"). Every Subscriber is subject to this Usage Policy,
and by virtue of using St Louis Hosting Solutions services, network
and/or systems (collectively the "Services") agrees to be bound by
this Usage Policy. St Louis Hosting Solutions will revise this Usage
Policy from time to time. A Subscriber's use of the Services after
revisions to the Usage Policy are posted on St Louis Hosting
Solutions website at http://www.stlhostingsolutions.com, will constitute such person's
acceptance of any changes or additions to the Usage Policy.
Subscribers violate this Usage Policy when they (or their affiliates
or customers) engage in the following prohibited activities.
Violations of Intellectual Property Rights
Any violation of any person's intellectual property rights, rights
of privacy, rights of publicity or other personal rights is
prohibited. St Louis Hosting Solutions is required by law to remove
or block access to content appearing on or through the Services upon
receipt of proper notice of copyright infringement (see "Copyright
Infringement Notice Information" below).
Spamming
St Louis Hosting Solutions has zero tolerance for UBE/UCE
(unsolicited bulk email/unsolicited commercial email). This policy
protects our customers as well as the Internet community from the
negative effects of "spam" related activity. St Louis Hosting
Solutions defines UBE/UCE as unsolicited broadcast or commercial
email that is sent to addresses that do not affirmatively and
verifiably request such material from that specific sender.
Our Policies
1. St Louis Hosting Solutions customers, or any user of bandwidth
and/or services on our network (herein described as 'users') are
prohibited from sending UBE/UCE. Users may be asked to produce
records that verify that explicit affirmative permission was
obtained from a recipient before a mailing was sent. St Louis
Hosting Solutions may consider the lack of such proof of explicit
affirmative permission of a questionable UBE/UCE at its sole
discretion.
2. St Louis Hosting Solutions customers are prohibited from
maintaining open mail relays on their servers. Ignorance of the
presence or operation of an open mail relay is not and will not be
considered an acceptable excuse for its (the open mail relay)
operation. Multiple infractions of this policy will result in a
discontinuation of service.
3. St Louis Hosting Solutions customers will be notified in the
event that their sites are in violation of the above policy. Again,
failure to rectify such situations may be cause for termination of
service.
4. St Louis Hosting Solutions customers are prohibited from
providing hosting services for websites that have been included in
UBE/UCE. Hosting includes, but is not limited to, hosting website(s),
providing DNS services as well as website redirect services.
5. Valid complaints received by St Louis Hosting Solutions will be
forwarded to the customer for a response and resolution. If within
twenty-four (24) hours there is no response, St Louis Hosting
Solutions may block traffic to and from the IP address involved in
the UBE/UCE complaint until the problem is resolved and preventative
measures have been implemented to prevent the violation from
recurring. All users are responsible for maintaining a working email
contact and updating that information with St Louis Hosting
Solutions when it changes.
6. If St Louis Hosting Solutions receives repeat complaints
indicating that a problem has not been resolved, St Louis Hosting
Solutions reserves the right to suspend and/or cancel any and all
services provided to the user after a notification of no less than
two (2) hours.
To report an incidence of abuse, please
email abuse @ stlhostingsolutions.com
Misrepresentation of Transmission Information
Forging, misrepresenting, omitting or deleting message headers,
return mailing information and/or Internet protocol addresses to
conceal or misidentify the origin of a message is prohibited.
Viruses and Other Destructive Activities
Use of the Services for creating or sending Internet viruses, worms
or Trojan horses, or for pinging, flooding or mailbombing, or
engaging in denial of service attacks is prohibited. It is also
prohibited for any Subscriber to engage in other activity that is
intended to disrupt or interfere with, or that results in the
disruption of or interference with, the ability of others to
effectively use the Services (or any connected network, system,
service or equipment) or conduct their business over the Internet.
Hacking
"Hacking" and related activities is prohibited. "Hacking" includes,
but is not limited to, the following activities: illegally or
without authorization accessing computers, accounts or networks,
penetrating or attempting to penetrate security measures, port
scans, stealth scans and other activities designed to assist in
hacking.
Export Control Violations
The exportation of encryption software outside of the United States
and/or violations of United States law relating to the exportation
of software is prohibited.
Child Pornography
The use of the Services to store, post, display, transmit, advertise
or otherwise make available child pornography is prohibited. St
Louis Hosting Solutions is required by law, and will, notify law
enforcement agencies when it becomes aware of the presence of child
pornography on, or being transmitted through, the Services.
Other Illegal Activities
The use of the Services to engage in any activities that are
determined by St Louis Hosting Solutions, in its sole and absolute
discretion, to be illegal is prohibited. Such illegal activities
include, but are not limited to, storing, posting, displaying,
transmitting or otherwise making available ponzi or pyramid schemes,
fraudulently charging credit cards or displaying credit card
information of third parties without their consent, and failure to
comply with applicable online privacy laws. St Louis Hosting
Solutions will cooperate fully with appropriate law enforcement
agencies in connection with any and all illegal activities occurring
on or through the Services.
Other Activities
Engaging in any activity that, in St Louis Hosting Solutions sole
and absolute discretion, disrupts, interferes with or is harmful to
(or threatens to disrupt, interfere with or be harmful to) the
Services, St Louis Hosting Solutions business, operations,
reputation, goodwill, customers and/or customer relations, or the
ability of St Louis Hosting Solutions customers to effectively use
the Services is prohibited. Such prohibited activities include
making available any program, product or service that is designed to
or could be used to violate this Usage Policy. In addition, the
failure by a Subscriber to cooperate with St Louis Hosting Solutions
in correcting or preventing violations of this Usage Policy by, or
that result from the activity of, a customer of the Subscriber is a
violation of this Usage Policy.
In general, St Louis Hosting Solutions does not monitor its
customers' websites or activities to determine whether they are in
compliance with this Usage Policy. However, when St Louis Hosting
Solutions becomes aware of any violation of this Usage Policy or its
User Agreement, St Louis Hosting Solutions may take any action to
stop or correct such violation, including, but not limited to,
shutting down a website, denying access to the Services or to the
Internet, and/or removing information. In addition, St Louis Hosting
Solutions may take action against a Subscriber or a customer of such
Subscriber because of the activities of such customer. St Louis
Hosting Solutions reserves the right to take any such action even
though such action may affect other customers of the Subscriber.
St Louis Hosting Solutions may disclose any information in its
possession, including, without limitation, information about
Subscribers, internet transmissions and website activity in order to
comply with a court order, subpoena, summons, discovery request,
warrant, statute, regulation or governmental request, to protect St
Louis Hosting Solutions or others from harm, and/or to ensure the
proper operation of the Services. St Louis Hosting Solutions has no
obligation to notify any person, including the Subscriber about whom
information is sought, that St Louis Hosting Solutions has provided
the information.
Copyright Notice Infringement Information
In accordance with the Digital Millennium Copyright Act, St Louis
Hosting Solutions has adopted a policy that provides for termination
of websites hosted by St Louis Hosting Solutions that are found to
infringe on copyrights of third parties. If a copyright holder
believes that there has been a violation of his or her copyright on
a website that is hosted by St Louis Hosting Solutions or its
subsidiaries, and the copyright holder wants St Louis Hosting
Solutions to remove the website or disable the material in question,
St Louis Hosting Solutions will remove the website or disable the
material if the copyright holder provides us with all of the
following information:
1.
A signature of a person authorized to act on behalf of the
owner of the exclusive right that is allegedly infringed.
Identification of the copyrighted work that is claimed is being
infringed, or, in the case of claimed infringement of multiple
copyrighted works, a representative list of such works.
2.
Identification of the material that is claimed to be
infringing or is the subject of infringing activity and that should
be removed or access to which should be disabled, with information
reasonably sufficient to permit us to locate the material.
3.
Information reasonably sufficient to permit us to contact the
person giving the notification, such as an address and telephone,
and, if available, an electronic mail address at which such person
may be contacted.
4.
A statement that the person giving the notification 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.
5.
A statement that the information in the notification is
accurate, and under penalty of perjury, that the person giving the
notification is authorized to act on behalf of the owner of the
exclusive right that is allegedly infringed.
Terms of Service Agreement
(TOS)
All users of our service will be bound by this agreement.
This User Agreement ("The Agreement")
governs the terms of the use by Client of services offered by St
Louis Hosting Solutions. ("Provider").
Client agrees to receive access to
the St Louis Hosting Solutions services according to the following
terms and conditions:
- Selection of
Service Plan.
Client will
select one of the service plans offered by Provider, and agrees
to receive services according to the service plan selected.
-
Payment for
Services. Client will pay
for services provided under this Agreement by Check or credit
card authorization provided to Provider. When initiating
service, Client will be charged the published setup fee for the
service plan selected, as well as a pro rated partial month
charge according to the service plan for the number of days
remaining in the calendar month from the time of initiation of
service until the end of the month in which service is
initiated. On or about the first day of every month thereafter,
Client's credit card will be charged for monthly payment for
services according to Provider's published schedule. If this
Agreement is terminated on some day other than the last day of
the month, Client will be obligated to pay for only the pro rata
portion of the monthly service plan charge for the month in
which the service is terminated.
-
Term.
This Agreement may be terminated by Client or Provider at any
time without prior notice and without cause. If either party is
in default under this Agreement (including nonpayment), then the
non-defaulting party may also immediately terminate the
Agreement without prior notice to the other party.
-
Compliance with
Law.
Client will use the services offered by Provider in a manner
consistent with all applicable local, state and federal laws and
regulations.
- File Back-up.
Provider is not responsible for Client's files residing on
Provider's servers. Client is solely responsible for independent
backup of data stored on Provider's servers.
-
Prohibition of
Publication of Certain Material.
Client shall not knowingly or unknowingly submit to Provider for
publication any of the following material (including pictures,
links, or any other content):
(a) Any material which violates
or infringes any copyright, trademark, trade secret, patent,
statutory, common law or other proprietary rights of others;
(b) Any material that is libelous
or slanderous;
(c) Distribution lists to be used
via unsolicited electronic mail or other mass electronic
mailings.
Due to the public nature of the
Internet, all material submitted by Client for publication will
be considered publicly accessible. Provider does not screen in
advance Client's material submitted to Provider for publication.
Provider's publication of material submitted by Client does not
create any express or implied approval by Provider of such
material, nor does it indicate that such material complies with
the terms of this Agreement.
Provider reserves the right to
cancel any account, at any time, without notice for any reason
provider considers appropriate. At provider's discretion, access
to providers Internet account may be revoked at any time for
abusive conduct on the system and/or the Internet and its
resources as a whole.
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DISCLAIMER OF WARRANTIES.
PROVIDER'S SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE"
BASIS. PROVIDER SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY,
EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PROVIDER BE
LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL
DAMAGES, EVE N IF PROVIDER HAS BEEN ADVISED BY CLIENT OF THE
POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF PROVIDER'S
SERVICE TO CLIENT IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON,
PROVIDER SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO
DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY CLIENT TO
PROVIDER FOR SERVICES, DURING THE PERIOD OF DISRUPTION OF
MALFUNCTION.
-
Limitation/Disclaimer of Liability.
Provider is not liable for protection or privacy of electronic
mail or other information transferred through the Internet or
any other network provider or its customers may utilize.
Provider does not represent or
warrant to Client that Client will receive continual and
uninterrupted service during the term of this Agreement. In no
event shall Provider be liable to Client for any damages
resulting from or related to any failure or delay of Provider to
provide service under this Agreement if such delays or failures
are due to strikes, riots, fire, inclement weather, acts of God,
theft or vandalism or other causes beyond Provider's control, as
defined by standard practices in the industry. Such failure or
delay shall not constitute default under this Agreement.
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Indemnity.
Client agrees to defend, indemnify and hold Provider harmless
from and against any and all claims, losses, liabilities and
expenses (including attorneys' fees) related to or arising out
of the services provided by Provider to Client under this
Agreement, including without limitation claims made by third
parties (including customers of Client) related to any false
advertising claims, liability claims for products or services
sold by Client, claims for patent, copyright or trademark
infringement, claims due to disruption or malfunction of
services provided hereunder, or for any content submitted by
Client for publication by Provider, but excluding those related
to the negligence of Provider.
- Resale of
Provider's Service.
If Client acts as a "reseller" of the services provided by
Provider to Client hereunder, by Client providing similar
services to its customers, then all the terms of this Agreement
shall provide to the resale. Without limiting the foregoing,
Client's obligations under Section 9 ("Indemnity") shall apply
to any and all claims made against Client and/or Provider which
arise out of the resale of Provider's services.
- Governing
Law/Venue. The laws of
the State of Missouri shall govern this Agreement. Venue for any
action hereunder shall be in St. Louis County, Missouri, United
States of America.
- Relationship of
the Parties. The parties intend that an independent contractor
relationship will be created by this contract, and that no
partnership, joint venture or employee/employer relationship is
intended.
- Taxes.
If any federal, state or local governmental entity with taxing
authority over the services provided under this Agreement
imposes a tax directly on the services provided by Provider to
Client under this Agreement (excluding any income, business and
occupation, capital gain, death or inheritance, or other
indirect taxes), then Provider may pass the direct amount of
such cost on to Client, and Client shall promptly pay such cost.
- Waiver. Any party's failure to insist on compliance or
enforcement of any provision of this Agreement shall not affect
its validity or enforceability or constitute a waiver of future
enforcement of that provision or of any other provision of this
Agreement.
- Attorneys' Fees.
If a legal proceeding is commenced to enforce or obtain a
declaration of rights under this Agreement, the prevailing party
in such proceeding shall be entitled to recover its reasonable
attorneys' fees and costs incurred in the proceeding from the
non-prevailing party, as well as any reasonable attorneys' fees
and costs that the prevailing party incurred prior to commencing
the proceeding.
- IP Addresses.
Provider maintains control and any ownership of any and all IP
numbers and addresses that may be assigned to Client and
reserves in its sole discretion the right to change or remove
any and all IP numbers and addresses
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