Philhosting Company

Last update February 1st 2009

Policies apply automatically to all Philhosting clients upon subscription to the Services including subscription through a third party or any commercial partner.

Customer agrees to use the Services only for lawful purposes, in compliance with all applicable law.

Specific activities that are prohibited include, but are not limited to :

Threatening harm to persons or property or otherwise harassing behavior.
Misrepresenting or fraudulently representing products/services
Transmission, distribution or storage of any material in violation of any applicable law or regulation.
Transmission, distribution or storage of any material protected by copyright, trademark, trade secret or other intellectual property right without proper authorization, and material that is obscene, defamatory, an invasion of privacy or constitutes an illegal threat, or is otherwise illegal.
Facilitating, aiding, or encouraging any of the above activities, whether using Philhosting's network or service by itself or via a third party's network or service.
Interference with a third party's use of Philhosting's network or service, or ability to connect to the Internet or provide services to Internet users.
Manage a proxy server

Email

Philhosting has a STRONG anti-spam policy and applies it. Spammers are NOT welcomed. This includes spamming through open proxy servers or any other kind of unsolicited email advertising. If a customer is found to be in violation of our SPAM policy, Philhosting may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Philhosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Philhosting will notify law enforcement officials if the violation is believed to be a criminal offense. The customer acknowledges that he is responsible for any and all SPAM related actions which come from their account.

Sending unsolicited email messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited even if the lists are said to be opt-in.
Customer will not use another site's mail server to relay mail without the express permission of the site.
It is strictly forbidden to send out unsolicited email from any other network that advertises, promotes or in any way points to a location inside Philhosting network.

IRC networks

It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the irc server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation will result in immediate account termination.

Adult content

It is strictly forbidden to publish adult content on shared hosting accounts. The restriction applies, without limitation, to images and videos.

Undesirable content

Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software downloads may only be hosted if you are the writer and copyright owner of the software, all other software including freeware, shareware and trial software is forbidden. Audio and video downloads may only be hosted if you are the creator and copyright owner of the work.

System and Network Security

Customer is prohibited from utilizing Philhosting services to compromise the security or tamper with system resources or accounts on computers at the Premises or at any third party site.

Specific activities that are prohibited include, but are not limited to :

Threatening harm to persons or property or otherwise harassing behavior.
Use or distribution of tools designed for compromising security.
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 without express authorization of the owner of the system or network.
Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
Deliberate attempts to overload a system and broadcast attacks.
Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Intentionally or negligently transmitting files containing a computer virus or corrupted data.

Attempted security breaches

Any attempt to breach the security of any machine is forbidden. Attempting to do so will result in immediate account termination and possible further legal action. Users may not run any program that monitors network packet data or any program that compromises the privacy of network traffic.
It should be noted that attempting to breach security may lead to prosecution under the Computer Misuse Act 1990 or any other relevant criminal legislation.
Attempts to circumvent copy protection technology and encryption are also likely to be illegal under the Copyright Designs and Patents Act 1988 (as amended).

Resource usage

On shared hosting accounts, it is strictly forbidden, without prior written authorization, to allow a third party or the user of another web hosting service to use or access your account's resources. Without limitation, this applies to usage of an account to provide public online services like statistics, image hosting or any other service targeted to external web sites. At anytime, all shared hosting accounts must use an acceptable level of resources and stay below 2% of the total system resources.

Violation

Philhosting, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violation of this AUP could also subject Customer to criminal or civil liability. Philhosting may block access at the router level to the Customer's Equipment involved. If Philhosting believes, in its sole discretion, that a violation of this AUP has occurred, such action may also include, but is not limited to, temporary or permanent blocking of access to Customer's Equipment or data, and the suspension or termination of Customer's services under this Agreement. Philhosting may involve and will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers. Philhosting have no obligation to provide warnings under any circumstances and can terminate the account without prior notice if the Customer violates this policy.

Abusive Conduct

Any abuse towards any Philhosting employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner. When corresponding with Philhosting refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behavior aimed at Philhosting or it's employees shall be considered a violation of this Acceptable Use Policy and Support Policy which is subject for account suspension or termination.
Any threat, whether verbally, orally, written, or delivered by second parties directed towards Philhosting or any of it's employees, partners, equipment, and concerns shall be construed as a violation of this Acceptable Use Policy and Support Policy which is subject for account suspension or termination.

Rights reserve

Philhosting reserves the right to modify this AUP at any time without notice. Customer is responsible for all use of the Services by itself, its employees, agents, contractors, invitees and customers, whether such use is with or without the consent of Customer. Philhosting can require a signed copy of this documents.

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Policies apply automatically to all Philhosting clients upon subscription to the Services including subscription through a third party or any commercial partner.