This Acceptable Use Policy (the “AUP” or this “Policy”) contains the acceptable conditions which govern the customers (“Customer”) and any third party user under the customers (“Third Party User”), referred collectively herein as the users (“User”), use of any Internet-related services (referred collectively herein as the “Services”) provided by austindev.com (“Austin Web Development”) including, but not limited to: Shared Hosting Services, Reseller Hosting Services, Dedicated Server Services, Domain Name Registration, Colocation, Hosted Email, and Renewal Services.

This AUP is incorporated by this reference into each Customer’s Terms of Service Agreement (http://www.hostdiscovery.net/terms_of_service.php). This AUP should be read in conjunction with the Austin Web Development Terms of Service (http://www.hostdiscovery.net/terms_of_service.php) and the Austin Web Development Privacy Policy (http://www.hostdiscovery.net/privacy_policy.php).

This AUP does not obligate Austin Web Development to monitor, review, or police the data and content residing on or being transmitted through any Austin Web Development server. Austin Web Development is not likely to be aware of any violation of this AUP or any violations of law until notified. Austin Web Development expects all Users to notify, as specified under Section 7 of this AUP, Austin Web Development of any violation of this AUP or violations of the law.

By using the Services provided by Austin Web Development, User will constitute acknowledgment of and agreement to the conditions outlined in this Policy. Austin Web Development reserves the right to terminate Users account and/or access to the Austin Web Development Services upon any violations, as specified under Section 8, of this AUP.

This AUP may be revised, in part or in full, at any time by Austin Web Development. Continued use of the Services provided by Austin Web Development after such changes have been made will constitute acceptance of any revisions to this Policy.

Austin Web Development EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE DATA AND CONTENT RESIDING ON OR BEING TRANSMITTED THROUGH ANY Austin Web Development SERVER.

1. PROHIBITED CONTENT

Storage, posting, linking, transmission and/or use of

  • Data, content and materials which violate any local, state, federal, international and foreign laws or regulations (illegal data, content and material).
  • Data, content and materials which facilitate any violation of, or describe ways to violate, this AUP.
  • Data, content and materials unrelated to the Customer web site (such as personal computer data backups) found on provided server space or MySQL database.
  • Data, content and materials which contain defamatory, harassing, abusive, or threatening language.
  • Data, content and materials which contain viruses, worms, Trojan horses, and/or key loggers.
  • Pirated data, content and materials including, but not limited to: software, music, movies and games.
  • “Harvested” addresses and information.
  • Shell scripts and/or programs including, but not limited to: any script and/or program that is used for issuing shell-level commands via a web browser.
  • “Warez”, “Hacking”, “Cracking”, “Phishing”, “Spamvertising” data, content and materials.
  • Web proxy scripts and/or programs including, but not limited to: any script and/or program that allows User to browse web sites from a Austin Web Development server effectively masking the Users true IP Address.
  • Chat applications including, but not limited to: shoutboxes, chatboxes and/or other web based chat programs.
  • Internet Relay Chat (“IRC”) related data, content or materials including, but not limited to: bots, bouncers, or programs designed to facilitate the creation, maintenance, or access to any IRC server or channel.
  • Child Pornography
  • Insecure and/or outdated scripts and programs.

For more content categories which we have deemed inappropriate for use with our Services, please review the Banned Content knowledgebase article found at: http://kb.hostdiscovery.net/bannedcontent.php

2. PROHIBITED ACTIVITIES

  • Resale of server space and/or resources without express permission by Austin Web Development.
  • Running background programs or daemons including, but not limited to: IRC bots, eggdrop, BitchX, XiRCON, and/or any other script or program that interferes with normal server operation.
  • Forging, misrepresenting, omitting or deleting message headers, packet headers, return mailing information, or internet protocol addresses, whether in whole or in part.
  • Creating, introducing, sending or executing malicious programs such as Internet viruses, worms, Trojan horses, and/or key loggers.
  • Engaging in port scans, flood pings, email bombing, packet spoofing, IP spoofing, forged routing information, distributed denial of service attacks and/or denial of service attacks.
  • Activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
  • Evading or circumventing user authentication or security of any account, host, or network including cracking, brute-force or dictionary attacks.
  • Hacking and/or subverting, or assisting others in subverting, the security or integrity of Austin Web Development servers, accounts and/or networks.
  • Hacking and/or subverting, or assisting others in subverting, the security or integrity of third party servers, accounts or networks.
  • Any activity that might be used as a precursor to an attempted system penetration such as port scanning, stealth scanning, or other information gathering activity.
  • Using any program, or sending messages of any kind, designed to interfere with or disable a user’s terminal session.
  • Soliciting the performance of any illegal activity, even if the activity itself is not performed.
  • Threatening bodily harm, or encouraging bodily harm or property damage and/or destruction.
  • Harassing another, or encouraging harassing behavior.
  • Engaging in outright fraud and/or fraudulently charging credit cards.
  • Engaging in activities such as ponzi and/or pyramid schemes.
  • Collecting personal information about others without their knowledge or consent.
  • Instructing others in prohibited and/or illegal activities.
  • Using services to disseminate or display images classified under U.S. law as child pornography, child erotica (regardless of literary or artistic merit) and/or bestiality.
  • Engaging in activities, whether lawful or unlawful, that Austin Web Development determines to be harmful to its customers, operations, reputation, goodwill, and/or customer relations.

3. INTELLECTUAL PROPERTY VIOLATIONS

Users may not engage in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, and patents held by individuals, corporations, or other entities.

Users may not engage in any activity that violates privacy or other personal rights of others.

Austin Web Development reserves the right to disable access to, or remove, infringing content to the extent required under any law or regulation, including the Digital Millennium Copyright Act of 1998 (http://www.copyright.gov/legislation/dmca.pdf).

4. UNSOLICITED COMMERCIAL EMAIL (SPAM)

Users may not use the Services to send unsolicited commercial or bulk email messages (also known as “SPAM”) and must comply with all relevant legislation and regulations, including the CAN-SPAM Act of 2003 (http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.shtm).

If any User causes Austin Web Development to be “blacklisted” or blocked due to unsolicited commercial or bulk email messages, Austin Web Development reserves the right to terminate access and service to User immediately and without notice.

5. SECURITY OBLIGATIONS

Users must use reasonable care to ensure the security of passwords used in association with the Services. Users must also use reasonable care to ensure the security of scripts and programs used in association with the Services. User agrees to keep scripts and programs up-to-date and current with any security patches.

Austin Web Development reserves the right to remove or disable data (such as scripts and programs), terminate access and/or Service to User immediately and without notice if there has been a security breach originating from the Users account.

6. SYSTEM RESOURCE ABUSE

Users should not exceed the following limitations:

  • More than 5 simultaneous running processes.
  • 60 seconds of CPU time per process.
  • Combined processes consuming more than 15MB of RAM.
  • More than 45 simultaneous Apache connections.
  • More than 15 simultaneous MySQL connections.
  • 2,000 MySQL database queries and/or changes (INSERT,UPDATE,DELETE) per hour.
  • 35,000 total number of INODES.
  • Email attachment sizes of 10MB.
  • 60 POP3 email check requests per hour per user.
  • 100 outgoing emails per hour per domain.
  • 25 recipients when sending out legitimate bulk mailings. I.E. 25 recipients per batch.
  • Executing cron jobs more than once per 15 minutes.
  • Creating an account backup through the control panel more than 1 time per day (24 hours).

It is important to note that the above limitations are not actively enforced. It is possible that Austin Web Development may catch such abuse of the Services from time to time and may contact the User to discuss options available to reduce the usage. If such abuse is causing extreme server degradation, Services may become suspended temporarily and the User will be notified.

7. REPORTING VIOLATIONS

If there is a violation of this AUP, please report the information to the Austin Web Development Abuse Department by submitting a ticket at the following URL: http://www.austindev.info

If possible, please provide the following information with your report:

  • The URL where an alleged violation is located.
  • The IP Address used to commit the alleged violation.
  • The date and time of the alleged violation, including the time zone or offset from GMT.
  • Any additional evidence of the alleged violation.

Full header information and body content should be provided if reporting email violations.

8. VIOLATIONS OF THIS AUP

Austin Web Development may enforce this AUP, with or without notice to User, by any action it deems reasonable. In its sole discretion, Austin Web Development may:

  • Disable access to a User’s content that violates this AUP.
  • Suspend or Terminate access and/or Service.
  • Block access to the Service by means of IP blocking by firewall.
  • Take legal action to enforce compliance with this AUP.

Austin Web Development reserves the right at all times to investigate any actual, suspected, or alleged violations of this AUP. Such investigation may include accessing of data and records on, or associated with, any Service provided by Austin Web Development.