Shompton Hosting – Acceptable Use Policy (AUP)
This Acceptable Use Policy (“AUP”) applies to all persons and entities (“Customer”) using the products and services of Shompton LLC (“Shompton”). The policy is designed to protect the security, integrity, reliability, and privacy of both the Shompton network and the products and services Shompton offers to its customers. Shompton reserves the right to modify this policy at any time, effective immediately upon posting of the modification. Customer’s use of Shompton’s products and services constitutes Customer’s acceptance of this AUP in effect at the time of Customer’s use. Customer is solely responsible for any and all acts and omissions that occur during or relating to Customer’s use of the service, and Customer agrees not to engage in any unacceptable use of the service.
Unacceptable use includes, but is not limited to, any of the following:
- Posting, transmission, re-transmission, or storing material on or through any of Shompton’s products or services, if in the sole judgment of Shompton, such posting, transmission, re-transmission or storage is: (1) in violation of any local, state, federal, or non-United States law or regulation (including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations); (2) excessively violent, incites violence, threatens violence, or contains harassing content or hate speech; (3) child pornography; (4) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement; (5) fraudulent, unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; (6) defamatory or violates a person’s privacy; (7) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (8) is otherwise malicious, fraudulent, or may result in retaliation against Shompton by offended viewers.
- Operating IRC or IRC bots on the Shompton network.
- Installation or distribution of “pirated” or other software products that are not appropriately licensed for use by Customer.
- Deceptive marketing practices.
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to Shompton and its customers or other internet servers) without express authorization of the owner of the system or network.
- Actions that restrict or inhibit anyone – whether a customer of Shompton or otherwise – in his or her use or enjoyment of Shompton’s products and services, or that generate excessive network traffic through the use of automated or manual routines that are not related to ordinary personal or business use of Internet services.
- Introduction of malicious programs into the Shompton network or servers or other products and services of Shompton (e.g., viruses, trojan horses and worms).
- Causing or attempting to cause security breaches or disruptions of Internet communications. Examples of security breaches include but are not limited to accessing data of which the customer is not an intended recipient, or logging into a server or account that the customer is not expressly authorized to access. Examples of disruptions include but are not limited to port scans, flooding, mail bombing, packet spoofing and forged routing information.
- Executing any form of network monitoring that will intercept data not intended for the Customer.
- Circumventing user authentication or security of any host, network or account.
- Interfering with or denying service to any user other than the Customer’s host (e.g., denial of service attack).
- Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable a user’s terminal session.
- Furnishing false or incorrect data on the order form contract (electronic or paper) including fraudulent use of credit card numbers or attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization or other methods to document “use” of Shompton’s products or services.
- Mass mailing, sending of any unsolicited email or SPAM is strictly prohibited. Servers sending SPAM will be suspended and repeat offenders will be terminated.
- Harassment, whether through language, frequency, or size of messages.
- Solicitations of mail or any other E-mail address other than that of the poster’s account or service, with the intent to harass or collect replies.
- Creating or forwarding “chain letters” or other “pyramid schemes” of any type.
- Use of unsolicited E-mail originating from within the Shompton network or networks of other Internet Service Providers on behalf of or to advertise any service hosted by Shompton or connected via the Shompton network.
- Exporting, re-exporting, or permitting downloads of any content in violation of the export or import laws of the United States or without all required approvals, licenses and exemptions.
Each customer shall be responsible for determining what laws or regulations are applicable to his or her use of the products and services. No failure or delay in exercising or enforcing this policy shall constitute a waiver of the policy or of any other right or remedy. If any provision of this policy is deemed unenforceable due to law or change in law, such a provision shall be disregarded and the balance of the policy shall remain in effect.
Upon notification of the existence of an abusable resource (e.g., open news server, unsecured mail relay, or smurf amplifier), the Customer shall immediately take all necessary steps to avoid any further abuse of such resource. Any abuse of an open resource that occurs after the Customer has received such notification shall be considered a violation of this policy and enforced as such.
Shompton may without notice suspend Customer’s service or remove any content transmitted via the Shompton service if it discovers facts that lead it to reasonably believe Customer’s service is being used in violation of this AUP. Customer must cooperate with Shompton’s reasonable investigation of any suspected violation of the AUP. Shompton will attempt to contact Customer prior to suspension of service, however, prior notification is not assured.
Customer is strictly responsible for the use of Customer’s Shompton service in violation of this AUP, including use by Customer’s customers, and including unauthorized use. Shompton will charge Customer an hourly rate for security breach recovery (currently $100.00) plus the cost of equipment and material needed to (1) investigate or otherwise respond to any suspected violation of this AUP; (2) remedy any harm caused to Shompton or any of its customers by the use of Customer’s service in violation of this AUP; (3) respond to complaints; and (4) have Shompton’s Internet Protocol numbers removed from any “blacklist” such as SpamHaus or other abuse databases.
If you are unsure of whether any contemplated use or action is permitted, please contact Shompton at email@example.com.