Introduction

All customers of ezHost123.com must accept the following Acceptable Use Policy for the duration of their account. We may modify, without prior notice, the AUP as we deem appropriate; such modified AUP is effective upon posting on our website.

Responsibility

You are responsible for your sites and all sites that you host to be in accordance with all rules on this page. Misuse by you may result in actions on your account, including removal from the host without a refund.

Inappropriate Use

The Service must not be used to publish, post, distribute or otherwise disseminate unlawful material or information including, but not limited to: threatening, harassing, defamatory, obscene, or fraudulent information and materials, or proprietary, copyrighted, or otherwise intellectually protected information and materials for which Customer does not have authorization or authority to possess or distribute. The Service must not be used to request unlawful services or materials. The Service must not be used for activities ezHost123.com deems to impact its customers or its ability to deliver services to its customers. Such activities may include, but are not limited to:

Obscene Speech or Materials

The distribution of child pornography or any obscene, abusive, defamatory or threatening speech or material. You may not host any site containing adult oriented content, including nudity of any kind. Portal sites linking directly to adult oriented content are also not acceptable.

Intellectual Property Infringement

Any activity infringing on the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, and patents.

Spamming

Sending unsolicited commercial bulk email ("UCE"), news postings or chain letters; advertising transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate sending UCE; use of web pages that allow "spam"ing (known as "ghost sites") that directly or indirectly refers to domains or IP addresses hosted by ezHost123.com. ezHost123.com reserves the right to determine in its sole discretion what constitutes UCE based on the information available. Sending any email to purchased lists or lists obtained by any other method (such as harvesting) is not acceptable. Customers may only send email to recipients who have joined mailing lists directly from their site.

Maintaining an Open Email Relay

Allowing email to be sent through Customer's system by a third party (i.e. neither to nor from Customer or Customer's accounts).

Fraud

Using a false identity; using pyramid/ponzi scheme; storage or transmission of any intentionally incorrect data or packet.

Virus, Worm, or Trojan horse program distribution

The deliberate transmission of computer viruses, worms or trojan software.

Denial of Service

Using any technique to intentionally degrade or disable the delivery of any legitimate data.

Glutting of servers

Oversized storage of any files that would be unreasonably large (ie. making a zip file filled with text files just to pad the size) for the sole reason of increasing the space you use.

Unauthorized Access

Attempting to gain unauthorized entry to any site or network, or any network or host scanning, probing, monitoring or other information gathering associated with such activity; using the Service to guess passwords.

Applications

Customer may not run any program or script on the server that runs constantly or \'listens\' on ports unless provided in the control panel. This includes applications associated with chat services.

Customer Responsibilities

Bulk Email

Customers sending bulk email must provide recipients with an easy and effective mechanism for removal from bulk email list. Customer must include the source of the addressee\'s address in each bulk email message.

CPU Usage

Sites may not use extreme unwarranted CPU usage. This includes usage of \"heavy\" scripts or Flash/shockwave files. No account may consume more than 25% of CPU usage at a single time, or an average more than 1%.

Password Protection

Customer is responsible for protecting passwords and for any authorized or unauthorized use.

Content Protection

Customer agrees to provide appropriate protection to prevent minors (persons under 18 years of age) from accessing any unsuitable material that Customer publishes via any Service.

Content Ownership

Customer is responsible for all content or information residing on, or obtained, or transmitted via, the Service, regardless of whether such use is by Customer.

File repository /Dump Sites

Customer may use disk space as a file repository, or dump site, or back up account, as long as resources used do not go over allocated amounts.

Free Email

If you decide to give away free email services on your website then you are responsible for all of the content in your users email accounts. We suggest you are careful to who you offer your accounts to.

Facilitating AUP Violation

Customer activity that facilitates the violation of this AUP by any party constitutes a violation of this AUP by Customer.

AUP Enforcement

Violation of the AUP may subject Customer to international, federal, and/or state civil and/or criminal liability, including without limitation, Ohio Business & Professional Code. ezHost123.com reserves the right in its sole discretion and without prior notice to suspend and/or terminate Customer\'s access to the Service at any time for violating this AUP. ezHost123.com also reserves the right to suspend, filter or block, and/or terminate Customer\'s access if Customer\'s account is being used to exploit or attack the Service or the networks of others. If Customer\'s account has been compromised and attempts to reach Customer and/or to have Customer repair a breach of security fail, ezHost123.com reserves the right to suspend or terminate Customer\'s service. If Customer\'s access is suspended or terminated, ezHost123.com, in its sole discretion, may refuse to accept all new e-mail sent to the terminated e-mail address and delete Customer\'s data stored on Service. ezHost123.com will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.

Violation of Rules

Breaking any of these aforementioned rules may result in immediate account suspension with out refund, as well as criminal prosecution where deemed necessary.

LIMITATION OF LIABILITY: ezHost123.com (ezHost123.com) shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from servers going off-line or being unavailable for any reason whatsoever. Further, ezHost123.com (ezHost123.com) shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of ezHost123.com (ezHost123.com) servers. All damages shall be limited to the immediate termination of service. ezHost123.com (ezHost123.com) shall be the sole arbiter of what is and is not a violation of these acceptable use policies. ezHost123.com (ezHost123.com) reserves the right to terminate an account at any time and for any reason that causes harm to any customer\'s web sites. ezHost123.com (ezHost123.com ) reserves the right to delete all content and files upon termination. ezHost123.com reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. ezHost123.com (reserves the right to refuse, cancel, or suspend service at our sole discretion. ezHost123.com reserves the right to change these Policies without prior notice or warning. Non-enforcement of any part of these Policies does not constitute consent.