Web Hosting Acceptable Use Policy (AUP)

By using the services of St. Aubin Technologies, Customer hereby agrees to the following Acceptable Use Policy (AUP). Customer agrees that it shall comply with and require its end users to comply with this AUP. In this document, the word “Agreement,” with a capital “A”, refers to the AUP.

1. Introduction, Purpose, and General Terms.

1.1.

By using any web sites or services owned, operated, or provided by St. Aubin Technologies, you signify your agreement to the terms, conditions and notices of this policy. “You” when used in the Agreement shall mean the St. Aubin Technologies Customer of record and that St. Aubin Technologies Customer’s end users.

1.2.

Violating this Acceptable Use Policy and/or any agreements made with or by St. Aubin Technologies grants St. Aubin Technologies the authority to take action to restrict or terminate your access to St. Aubin Technologies’ Services. St. Aubin Technologies reserves the right, at its sole discretion, to update or revise this policy, any other policy or statement on any St. Aubin Technologies Web site, and any product offerings or programs described on any St. Aubin Technologies Web site. Please check back periodically to review any changes to this policy.

1.3.

This document sets forth the principles, guidelines and requirements of the Acceptable Use Policy of St. Aubin Technologies (“Company”) governing the use by the Customer (“Customer”) of the Company’s services and products (“Services and Products”). The purpose of St. Aubin Technologies’ Acceptable Use Policy (the AUP”) is to comply with all international, federal, state, and local laws and to protect the network security, network availability, physical security, Customer privacy, and other factors affecting the services provided by St. Aubin Technologies. St. Aubin Technologies reserves the right to impose reasonable rules and regulations regarding the use of its services provided to all Customers and such rules and regulations are subject to change. Such rules and regulations are located on the Internet at http://www.st-aubin.com/index.php/faqs/hosting-faq/web-hosting-acceptable-policy-aup/.

1.4.

In order to maintain an informative and valuable service that meets the needs of the users of this site and St. Aubin Technologies Services, the rules in this AUP have been established to protect against abuse. The AUP is not an all-inclusive, exhaustive list and St. Aubin Technologies reserves the right to revise, amend, or modify the AUP at any time as needed, effective upon either the posting of the revised, amended, or modified AUP to http://www.st-aubin.com/index.php/faqs/hosting-faq/web-hosting-acceptable-policy-aup/ or notification to the Customer via e-mail to the e-mail address of Customer as set forth in the Service Descriptions.

1.5.

Any violation of the AUP may result in the suspension or termination of your account or other action, as St. Aubin Technologies deems appropriate. No credits will be issued for any interruption in service resulting from violations of the AUP.

1.6.

VIOLATION OF ANY SECTION OF THE AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM ST. AUBIN TECHNOLOGIES.

1.7.

Any questions or comments regarding the AUP should be directed to St. Aubin Technologies by e-mail to the following e-mail address webhosting@st-aubin.com for issues concerning the AUP.

2. Prohibited Content and Activities

The following statements pertain to all products and services offered by St. Aubin Technologies:

2.1 Illegal Activity

Customer may only use St. Aubin Technologies Web Hosting’s Server for lawful purpose. Transmission of any material in violation of any Country, Federal, State or Local regulation is prohibited. To this effect, child pornography is strictly prohibited as well as housing any copyrighted information (to which the customer does not hold the copyright or an appropriate license) on St. Aubin Technologies Web Hosting’s Server. Also, using St. Aubin Technologies’ servers or network to conspire to commit or support the commission of illegal activities is forbidden as well.

Use of the Services to infringe upon another party’s intellectual property rights is prohibited. This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. Selling or offering to sell any counterfeit merchandise will result in the immediate termination of your account. Any account found to be infringing on the intellectual property rights of others will be expeditiously removed or access to the material will be disabled. Any account found to be in repeated violation of this prohibition will be suspended or terminated.

If you believe that your intellectual property rights are being infringed upon, please email webhosting@st-aubin.com. For copyright infringement claims, St. Aubin Technologies follows the Digital Millennium Copyright Act (DMCA) notice and takedown procedures. A list of the information required to submit a sufficient copyright infringement claim can be found here.

2.2 Hacking

Websites dedicated to the discussion of hacking activities or the distribution of hacking tools are prohibited. Also, the usage of St. Aubin Technologies’ computer systems or network to access any system, service, or network without the owner’s consent is expressly forbidden.

2.3 Service Interruptions

Any activity which causes service interruptions to either St. Aubin Technologies’ network/servers or any outside network. This includes, but is not limited to, the execution of Denial of Service attacks or other maliciously configured software.

2.4 Anonymous Proxies

Anonymous proxies are easily abused and often cause a negative impact on both the servers and the network they are connected to. As such, they’re prohibited on St. Aubin Technologies’ network and servers.

2.5 Spamming

Customer agrees to not have any content on their site that advocates, sells or in any way makes available tools or methods to send unsolicited e-mail or usenet postings (spam), or to use St. Aubin Technologies Web Hosting’s Servers for relaying unsolicited e-mail or usenet postings, or to use unsolicited e-mail or usenet postings to advertise for their site hosted at St. Aubin Technologies. Any complaint we receive about a violation of this or the preceding two points will be taken very seriously and will result in immediate account cancellation without a refund. More details about our anti-spam policy can be found at http://www.st-aubin.com/index.php/faqs/hosting-faq/web-hosting-acceptable-policy-aup/spam-policy/.

2.6 Personal Information Harvesting

Collecting or using email addresses, screen names or other personal identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting).

2.7 Blacklisting

You agree that if the St. Aubin Technologies IP numbers assigned to your account are listed on an abuse database or blacklist like Spamhaus, you will be in violation of this AUP, and St. Aubin Technologies may take reasonable action to protect its IP numbers, including suspension and/or termination of your service, regardless of whether the IP numbers were listed as a result of your actions.

2.8 Investment sites

FOREX, egold exchange, etc.

2.9 Spoofing/Impersonation

Usage of the St. Aubin Technologies network to impersonate another person or entity, be it through Email, Internet Forums, or any other means, is strictly prohibited. This includes spoofing email or network packet headers whether or not it is done for malicious purposes.

2.10 Spamdexing

Customer agrees to not engage in activities pertaining to Black Hat SEO, Spamdexing, and so-called “Scraper sites.” These can all have a severely detrimental effect on server performance and are not permitted.

Any conduct that is likely to result in retaliation against St. Aubin Technologies’ network or website, or St. Aubin Technologies’ employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).

2.11 Personal Backups

The customer agrees to make use of St. Aubin Technologies Web Hosting servers primarily for the purpose of hosting a website, and associated email functions. Data uploaded must be primarily for this purpose. St. Aubin Technologies Web Hosting servers are not intended as a data backup or archiving service. St. Aubin Technologies Web Hosting reserves the right to negotiate additional charges with the Customer and/or the discontinuation of the backups/archives at their discretion. If you exceed your allocated transfer bandwidth for a month, you will be billed.

2.12 Adult Thumbnail Galleries/Banner Exchanges

You agree not to run a banner exchange, free adult tgp (thumbnail gallery post), or free adult image galleries on your website.

2.13 Abusive Scripts/Processes

Any script/process/etc that adversely affects the ability of any other customer to satisfactorily use their provided services are forbidden. This includes, but is not limited to, CPU-intensive CGI/PHP scripts and websites for which the scale of traffic has exceeded the acceptable limits of a hosting environment.

2.14 IRC Bots/Bouncers

All IRC bots and “bouncers” (bnc, etc) are forbidden.

2.15 BitTorrent software

While we recognize the value in the BitTorrent protocol as a distribution method, it is far too easily (and often accidentally) abused/misused and therefore not allowed on St. Aubin Technologies Hosting services.

2.16 Proxy Software

All proxy software, anonymous or otherwise, is forbidden on St. Aubin Technologies Hosting services.

2.17 Network Daemons

Any process that opens a network socket to accept connections from external networks is forbidden. Processes are allowed to bind to the local host only, but are held to the limitations placed on all other processes. They must not use up more than their fair share of resources and they must not interfere with any other customers’ activities.

2.18 Defamation Policy

Websites hosted on St. Aubin Technologies servers are in the U.S. and are regulated by U.S. law. Accordingly, pursuant to Section 230(c) of the Communications Decency Act, St. Aubin Technologies policy is not to remove allegedly defamatory material from websites hosted on our servers unless the material has been found to be defamatory by a court, as evidenced by a court order. As a webhost, St. Aubin Technologies is not a publisher of User content and we are not in a position to investigate the veracity of individual defamation claims. We rely on the legal system and the courts to determine whether or not material is indeed defamatory. In any case in which a court order indicates that material is defamatory, libelous, or slanderous in nature, we will disable access to the material. Similarly, in any case in which a U.S. court has placed an injunction against specified content or material being made available, we will comply and remove or disable access to the material in question.

3. Customer Responsibilities

3.1 Domain Maintenance

St. Aubin Technologies Web Hosting Plans do not include domain registrations or renewals. Customers are responsible for registering or renewing their domains, or securing domain services from St. Aubin Technologies for domain registration and renewal.

3.2 Data Review

It is the sole responsibility of the customer to ensure that all data and information stored on St. Aubin Technologies servers be in compliance with this Acceptable Use Policy. Failure to do so will result in account termination.

3.3 Data Backup

It is the sole responsibility of the customer to maintain backups of their sites and hosted data, and to ensure those backups are functioning properly. St. Aubin Technologies does not include any backup service in our hosting plans.

St. Aubin Technologies will not be deemed responsible for data or other loss resulting from the unavailability of backups.

4. Payments and Account Status (Web Hosting & Domain Services)

Cancellation requests must be made via email to webhosting@st-aubin.com, or over the phone to our primary support number. No other avenues of cancellation will be accepted. While no advance notice of cancellation is required, all fees paid for service to the point of cancellation are nonrefundable. All fees paid for domain registration are nonrefundable, without exception. All domain registrations are completed only after payment is received.

Accounts are payable in full at the time of account creation. Accounts for which payment by credit card is selected are subject to suspension if payment cannot be processed at the time of account creation. If payment by check or money order is selected, payment must be received within two (2) weeks of account activation or the account will be suspended without notice. New accounts that remain past due fifteen (15) days after account activation are subject to termination without notice. Any account reaching fifteen (15) days past due is subject to suspension for nonpayment. Such accounts are subject to termination after thirty (30) days in a past due state. All invoicing and payments are automatic and recurring based on the contract length specified by the client at the time of account setup or by request after setup has been completed. All invoices are due upon creation. Chargebacks issued for valid hosting fees will result in immediate account termination, without prior notice, and without exception.

St. Aubin Technologies is not responsible for any data or revenue losses of any kind due to, but not limited to, service outages, backup failures, hardware failures, software failures, site compromise/hacking/viruses, account suspension/termination, blacklisting, or site failures of any kind.

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