Mist Host - Responsive WHMCS Theme
Legal – ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between You and Us under which You may access Our website www.w3in1web.com, Our systems and Our networks as well as the systems and networks of others. This acceptable use policy applies to all users of, and visitors to, our website as well as to customers who receive Our Services.
1.1 You shall not use Our website, systems, network or any of Our Services
1.1.1 in any way that breaches any applicable local, national or international law or regulation;
1.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
1.1.3 for the purpose of harming or attempting to harm minors in any way;
1.1.4 to send, knowingly receive, upload, download, use or re-use any material which does not comply with Our content standards as set out in Clause of this Acceptable Use Policy;
1.1.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
1.1.6 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
1.2 You agree:
1.2.1 not to reproduce, duplicate, copy or re-sell any part of Our website and/or Our Services in contravention of the provisions of Our (Terms and Conditions);
1.2.2 not to access without authority, interfere with, damage or disrupt:
220.127.116.11 any part of Our website, systems or networks;
18.104.22.168 any equipment or network on which Our site is stored or which You have access to as part of the receipt of Our Services;
22.214.171.124 any software used in the provision of Our website and/or Services; or
126.96.36.199 any equipment or network or software owned or used by any third party.
SERVER RESOURCES AND NETWORK USAGE
2.1 You shall not:
2.1.1 overload Our server resources (being CPU time, memory usage, bandwidth or networks) or use any program or script which does or which is intended to interfere with other users using Our Services. If You operate a site using what We deem to be excessive CPU cycles or any resources that cause strain to other sites, We reserve the right to impose new terms on You;
2.1.2 use more than 25% of total resources available on a share server and if Your account continues to use more than 25% of the resources on such shared server, it will result in suspension.
2.1.3 Undertake a Denial of Service (DOS) attack directed at Us or any other person. Attempts to launch a DOS attack from Our servers are strictly prohibited.
2.1.4 allow proxy set-ups or connections or any sort of activity through remote proxy connections.
2.1.5 host or connection to an IRC server;
2.1.6 use software or scripts for “bit torrents” or similar, which includes sending or receiving files containing these mechanisms;
2.2 We reserve the right to determine whether or not Your usage of Our Services is excessive. Where We, in Our absolute discretion, decide that Your usage is excessive, You shall have the option to terminate this Agreement or pay additional fees.
2.3 Where Your use of the Services is deemed by Us, in Our discretion, to be adversely affecting server performance or network integrity or Our ability to perform Our obligation to other customers, We reserve the right to suspend or terminate Your account.
2.4 We reserve the right to shut down or remove any scripts that pose a potential security risk or which are deemed by Us, in Our discretion, to be adversely affecting server performance or network integrity.
2.5 We reserve the right to access Your account where We have reason to believe that You are not or imminently will not be complying with Our (Terms and Conditions).
3.1 These content standards apply to any and all material which You:
3.1.1 make available on any domain hosted by Us or associated with Us;
3.1.2 allow any end user to upload on any website or domain hosted by Us or associated with by Us;
3.1.3 circulate, transmit or present to end users or store on Our servers or network (“Content”)
3.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Content as well as to its whole.
3.3 Content must:
3.3.1 be accurate (where it states facts);
3.3.2 be genuinely held (where it states opinions);
3.3.3 comply with applicable law in the UK and in any country from or in which such Content can be received or uploaded.
3.4 Content must not:
3.4.1 contain any material which is defamatory of any person;
3.4.2 contain any material which is obscene, offensive, hateful or inflammatory;
3.4.3 promote sexually explicit material (unless We have given You permission to use Our Services to provide adult content);
3.4.4 promote violence;
3.4.5 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
3.4.6 infringe any copyright, database right or trade mark of any other person;
3.4.7 be likely to deceive any person;
3.4.8 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
3.4.9 promote any illegal activity;
3.4.10 be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
3.4.11 be likely to harass, upset, embarrass, alarm or annoy any other person;
3.4.12 be used to impersonate any person, or to misrepresent Your identity or affiliation with any person;
3.4.13 give the impression that it has emanated from Us, if this is not the case;
3.4.14 advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse;
3.4.15 contain viruses, works, Trojan horses or other malicious components;
3.4.16 contain Warez, which includes but is not limited to pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above. Also includes any sites which provide links or ‘how to’ information about such material;
3.4.17 contain or link to HYIP content;
3.4.18 have the potential to or cause Us to suffer publicity which We consider to be adverse.
4.1 Where We provide You with a mail server:
4.1.1 no more than:
188.8.131.52 300 outgoing emails may be sent per hour on (Shared) or (Reseller Hosting);
184.108.40.206 500 outgoing emails may be sent per hour on (VPS Hosting);
220.127.116.11 1,000 outgoing emails may be sent per hour on (Cloud Servers) or (Semi Dedicated Hosting);
18.104.22.168 3600 outgoing emails may be sent per hour on (Dedicated Hosting);
4.1.2 the maximum number of mail boxes on a single domain name is ;
4.1.3 no unsolicited bulk and/or commercial messages (including but not limited to advertising, announcements, promotions) (“Spamming”) may be sent may unless receipts have explicitly requested it;
4.1.4 no malicious emails may be sent, including but not limited to “mail bombing” (bombarding a site with a large volume of email) and “trolling” (posting extreme messages to provoke numerous responses);
4.1.5 no mass mailings may be undertaken without Our consent.
4.2 If, as a result of a breach of this Clause , We have to undertake any action, including but not limited to removing mass emails from Our systems, dealing with any user complaints, We reserve the right to charge You a fee for administration time spent.
SUSPENSION AND TERMINATION
5.1 We will determine, in Our discretion, whether there has been a breach of this acceptable use policy through Your use of Our site or Our Services. When a breach of this policy has occurred, We may take such action as We deem appropriate.
5.2 Failure to comply with this acceptable use policy constitutes a material breach of the (Terms and Conditions), and may result in Our taking all or any of the following actions:
5.2.1 remove infringing Content from any website hosted by Us without notice to You;
5.2.2 immediate, temporary or permanent withdrawal of Your right to use Our site and/or Our Services.
5.2.3 immediate, temporary or permanent removal of any posting or material uploaded by You to Our site Our any site hosted by Us.
5.2.4 issue a warning to You.
5.2.5 take legal against You for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
5.2.6 disclose such information to law enforcement authorities as We reasonably feel is necessary.
5.3 Responses described in this policy are not limited, and We may take any other action We reasonably deem appropriate.
5.4 Where We become aware of any issue related to the Content or You use of Our Services which could have an adverse impact on Our network, systems or other customer of Ours, We reserve the right to immediately suspend or deactivate the Services and Your Account. Where reasonably possible We shall inform You of such action before it is taken.
5.5 If We receive any take down notices in respect of copyright infringing content, We reserve the right to remove such content without notice to You, irrespective of whether such take down notice is valid.
CHANGES TO THE ACCEPTABLE USE POLICY
6.1 We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes We make, as they are legally binding on You. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on Our site.