UK Website Hosting Acceptable Use Policy
1stChoiceWebHost's Acceptable
Use Policy ("AUP") is provided to give our customers
and users a clear understanding of what 1stChoiceWebHost
expects of them while using the service. All users
of 1stChoiceWebHost's Internet services: those who
access some of our Services but do not have accounts,
as well as those who pay a service fee to subscribe
to the Services, must comply with this AUP and our
Trading Terms
and Conditions
Use of 1stChoiceWebHost Service constitutes
acceptance and agreement to 1stChoiceWebHost's AUP as well
as 1stChoiceWebHost's Terms
and Conditions
We support the uncensored flow of information
and ideas over the Internet and do not actively monitor
subscriber activity under normal circumstances. Similarly,
we do not exercise editorial control over the content of
any web site, e-mail transmission, newsgroups, or other
material created or accessible over or through the services,
except for certain proprietary Web sites. However, in accordance
with our TOS (Terms of Service), we may remove any materials
that, in our sole discretion, may be illegal, may subject
us to liability, or which may violate this AUP. 1stChoiceWebHost
may cooperate with legal authorities and/or third parties
in the investigation of any suspected or alleged crime
or civil wrongdoing. Your violation of this AUP may result
in the suspension or immediate termination of either your
1stChoiceWebHost account or other actions as detailed in
Section 3 WITHOUT PRIOR NOTICE.
This document is intended to provide a
basic understanding of 1stChoiceWebHost's Acceptable Use
Policy. The following are guidelines for the establishment
and enforcement of 1stChoiceWebHost's AUP:
· Ensure
reliable service to our customers
- Ensure security and privacy
of our systems and network, as well as the networks
and systems of others
- Comply with existing laws
- Maintain our reputation as a
responsible service provider
- Encourage responsible use of
the Internet and discourage activities which reduce
the usability and value of Internet services
- Preserve the value of Internet
resources as a conduit for free expression and exchange
of information
· Preserve
the privacy and security of individual users
1stChoiceWebHost intends
to provide its customers access to everything the Internet
has to offer. While 1stChoiceWebHost is firmly committed
to the principles of free speech, certain activities
that may be damaging to the resources of both 1stChoiceWebHost
and the Internet and cannot be permitted under the guise
of free speech. The resources of the 1stChoiceWebHost
and the Internet are limited, and abuse of these resources
by one user has a negative impact on the entire community.
We do not routinely monitor the activity
of accounts except for measurements of system utilization
and the preparation of billing records. However, in our
efforts to promote good citizenship within the Internet
community, we will respond appropriately if we become aware
of inappropriate use of our service.
You may not use your dedicated server
or virtual site to publish material, which 1stChoiceWebHost.com
determines, at its sole discretion, to be unlawful, indecent
or objectionable. For purposes of this policy, "material" refers
to all forms of communications including narrative descriptions,
graphics (including photographs, illustrations, images,
drawings, logos), executable programs, video recordings,
and audio recordings or any other future form of communication.
If a 1stChoiceWebHost account is used
to violate the Acceptable Use Policy or our TOS, we reserve
the right to terminate your service without notice. We
prefer to advise customers of inappropriate behavior and
any necessary corrective action, however, flagrant violations
of the Acceptable Use Policy will result in immediate termination
of service. Our failure to enforce this policy, for whatever
reason, shall not be construed as a waiver of our right
to do so at any time.
As a member of our network community,
you must use your Internet access responsibly. If you have
any questions regarding this policy, please contact
us
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VIOLATIONS OF 1stChoiceWebHost's
ACCEPTABLE USE POLICY
The following constitute violations of
this AUP:
Illegal use:
1stChoiceWebHost's services may not be used for illegal
purposes, or in support of illegal activities. 1stChoiceWebHost
reserves the right to cooperate with legal authorities
and/or injured third parties in the investigation of
any suspected crime or civil wrongdoing.
Harm to minors:
Use of the 1stChoiceWebHost service to harm, or attempt
to harm, minors in any way, including, but not limited
to child pornography.
Threats:
Use of the 1stChoiceWebHost service to transmit any material
(by e-mail, uploading, posting or otherwise) that threatens
or encourages bodily harm or destruction of property.
Harassment:
Use of the 1stChoiceWebHost service to transmit any material
(by e-mail, uploading, posting or otherwise) that harasses
another.
Fraudulent
activity: Use of 1stChoiceWebHost
service to make fraudulent offers to sell or buy products,
items, or services, or to advance any type of financial
scam such as "pyramid schemes," "ponzi schemes," and "chain
letters."
Forgery or
impersonation: Adding, removing
or modifying identifying network header information in
an effort to deceive or mislead is prohibited. Attempting
to impersonate any person by using forged headers or
other identifying information is prohibited. The use
of anonymous remailers or nicknames does not constitute
impersonation.
Unsolicited commercial
e-mail / Unsolicited bulk e-mail (spam): Use
of the 1stChoiceWebHost service to transmit any unsolicited
commercial or unsolicited bulk e-mail is expressly prohibited.
This also means advertising your site by use of spam
links as we work closely with spam cop to prevent such
things. Violations of this type will result in the immediate
termination of the offending 1stChoiceWebHost account.
Please visit http://www.spamhaus.org/mailinglists.html
ti ensure your mailings comply.
IMPORTANT
NOTICE: anyone hosting websites or services
on their server that support spammers or cause any
of our IP space to be listed in any of the various
Spam Databases will have their server immediately
removed from our network. The server will not be
reconnected until such time that you agree to remove
ANY and ALL traces of the offending material immediately
upon reconnection and agree to allow us access to
the server to confirm that all material has been
COMPLETELY removed. Severe violations may result
in immediate and permanent removal of the server
from our network without notice to the customer.
Any server guilty of a second violation WILL be immediately
and permanently removed from our network without
notice.
E-mail / News
Bombing: Malicious intent
to impede another person's use of electronic mail services
or news will result in the immediate termination of the
offending 1stChoiceWebHost account.
E-mail / Message
Forging: Forging any message
header, in part or whole, of any electronic transmission,
originating or passing through the 1stChoiceWebHost service
is in violation of this AUP.
Usenet spamming:
1stChoiceWebHost has a zero tolerance policy for the
use of its network for the posting of messages or commercial
advertisements, which violate the rules, regulations,
FAQ or charter of any newsgroups or mailing list. Commercial
messages that are appropriate under the rules of a newsgroup
or mailing list or that are solicited by the recipients
are permitted.
Unauthorized
access: Use of the 1stChoiceWebHost
service to access, or to attempt to access, the accounts
of others, or to penetrate, or attempt to penetrate,
security measures of 1stChoiceWebHost's or another entity's
computer software or hardware, electronic communications
system, or telecommunications system, whether or not
the intrusion results in the corruption or loss of data,
is expressly prohibited and the offending 1stChoiceWebHost
account is subject to immediate termination.
Copyright
or trademark infringement: The Digital Millennium
Copyright Act ("DMCA") sets forth the requirements for
valid copyright infringement notification. If you would
like to notify 1stChoiceWebHost of an infringement of
your copyright, the DMCA requires that you:
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- Send your notification to 1stChoiceWebHost
via email to abuse@1stChoiceWebHost.co.uk
- Include in your notification the following
information:
a. A physical or electronic signature
of the copyright owner or a person authorised to act
on the copyright owner's behalf (the "Claimant")
b. Identification of the copyrighted work(s)
claimed to have been infringed
c. Identification of the material claimed to infringe
the copyright(s), and enough information for Hostway to locate it
d. The Claimant's name, address, and telephone number(s)
e. A statement that the Claimant has a good faith belief
that use of the disputed material is not authorised by the copyright
owner or his agent
f. A statement, under penalty of perjury, that the information
in the notification of copyright infringement is accurate and that the
Claimant is authorised to act on behalf of the copyright owner
Collection
of personal data: Use of
the 1stChoiceWebHost service to collect, or attempt to
collect, personal information about third parties without
their knowledge or consent.
Network disruptions
and unfriendly activity:
Use of the 1stChoiceWebHost service for any activity
which affects the ability of other people or systems
to use 1stChoiceWebHost Services or the Internet. This
includes "denial of service" (DOS) attacks against another
network host or individual user. Interference with or
disruption of other network users, services or equipment
is prohibited. It is the Member's responsibility to ensure
that their network is configured in a secure manner.
A Subscriber may not, through action or inaction, allow
others to use their network for illegal or inappropriate
actions. A Subscriber may not permit their network, through
action or inaction, to be configured in such a way that
gives a third party the capability to use their network
in an illegal or inappropriate manner. Unauthorized entry
and/or use of another company and/or individual's computer
system will result in immediate account termination.
1stChoiceWeb Host will not tolerate any subscriber attempting
to access the accounts of others, or penetrate security
measures of other systems, whether or not the intrusion
results in corruption or loss of data.
Fraud:
Involves a knowing misrepresentation or misleading statement,
writing or activity made with the intent that the person
receiving it will act upon it.
Distribution
of Viruses: Intentional distributions
of software that attempts to and/or causes damage, harassment,
or annoyance to persons, data, and/or computer systems
are prohibited. Such an offense will result in the immediate
termination of the offending account.
Inappropriate
Use of Software: Use of software
or any device that would facilitate a continued connection,
i.e. pinging, while using 1stChoiceWebHost services could
result in suspension service.
Third Party
Accountability: 1stChoiceWebHost
subscribers will be held responsible and accountable
for any activity by third parties, using their account,
that violates guidelines created within the Acceptable
Use Policy.
Violation
Of 1stChoiceWebHost Virtual Accounts:
It is absolutely forbidden to host pornographic content
or IRC servers on Virtual Server Accounts. Virtual Server
Accounts found hosting this material will be subject
to immediate cancellation without refund. Security
You are responsible for any misuse of
your account, even if the inappropriate activity was committed
by a friend, family member, guest or employee. Therefore,
you must take steps to ensure that others do not gain unauthorized
access to your account. In addition, you may not use your
account to breach security of another account or attempt
to gain unauthorized access to another network or server.
Your password
provides access to your account. It is your responsibility
to keep your password secure.
Sharing your password and account access
with unauthorized users is prohibited. You should take
care to prevent others from using your account since you
will be held responsible for such use.
Attempting to obtain another user's account
password is strictly prohibited, and may result in termination
of service.
You must adopt adequate security measures
to prevent or minimize unauthorized use of your account.
You may not attempt to circumvent user
authentication or security of any host, network or account.
This includes, but is not limited to, accessing data not
intended for you, logging into or making use of a server
or account you are not expressly authorized to access,
or probing the security of other networks. Use or distribution
of tools designed for compromising security is prohibited.
Examples of these tools include, but are not limited to,
password guessing programs, cracking tools or network probing
tools.
You may not attempt to interfere with
service to any user, host or network ("denial of service
attacks"). This includes, but is not limited to, "flooding" of
networks, deliberate attempts to overload a service, and
attempts to "crash" a host.
Users who violate systems or network security
may incur criminal or civil liability. 1stChoiceWebHost
will cooperate fully with investigations of violations
of systems or network security at other sites, including
cooperating with law enforcement authorities in the investigation
of suspected criminal violations.
Chat Rooms*
Please check before installing your own chat room as these require significant
system resources
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IRC
1stChoiceWebHost does not allow IRC
or IRC bots to be operated on our servers.
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Server Resources*
Any website that uses a high amount of server resources
(such as, but not limited to, CPU time, memory usage,
and network resources) will be given the option to either
pay additional fees (which will depend on the resources
required), reduce the resources used to an acceptable
level, or upgrade its service to a Dedicated Server
plan.1stChoiceWebHost shall be the
sole arbiter of what is considered to be a high server
usage level. Any web hosting account deemed to be adversely
affecting server performance or network integrity will
be shut down without prior notice.
DATA TRANSFER
Web hosting accounts include a certain amount of data
transfer, if you exceed this amount in any one month
your account will be deactivated until you have upgraded
to an account that has more data transfer included.
Web hosting accounts that are prohibited from hosting
file distribution websites, adult content orientated
websites, hosting banners, graphics or cgi scripts for
other websites, storing pages, files or data as a repository
for other websites, reselling or giving away web space
under a domain, sub domain or directory. Any Customer
breaching these rules may have their account deleted
without notice.
Software Distribution
1stChoiceWebHost shared web hosting
accounts are not configured for the purposes of distributing
software and/or multimedia products. If you wish to
distribute software and/or multimedia files, please
contact us as we may be able to help
Privacy
1stChoiceWebHost is concerned with
the privacy of on-line communications and web sites.
In general, the Internet is neither more nor less secure
than other means of communication, including mail, facsimile,
and voice telephone service, all of which can be intercepted
and otherwise compromised. As a matter of prudence,
however, 1stChoiceWebHost urges its
customers to assume that all of their on-line communications
are insecure. 1stChoiceWebHost cannot
take any responsibility for the security of information
transmitted over 1stChoiceWebHost's
facilities. Additional details on privacy and our use
of customer information can be found in 1stChoiceWebHost
Privacy
Statement.
INDEMNITY
The Customer agrees to indemnify and hold 1st Choice
Web Hosts and its employees and agents harmless from
and against all liabilities, legal fees, damages, losses,
costs and other expenses in relation to any claims or
actions brought against 1st Choice Web Host or derek
Chambers arising out of any breach by the Customer of
the terms of this Agreement or other liabilities arising
out of or relating to the Website.
Network Performance
1stChoiceWebHost accounts
operate on shared resources. Excessive use or abuse of
these shared network resources by one customer may have
a negative impact on all other customers. Misuse of network
resources in a manner which impairs network performance
is prohibited by this policy and may result in termination
of your account.
You are prohibited from excessive consumption of resources,
including CPU time, memory, disk space and session time.
You may not use resource-intensive programs which negatively
impact other customers or the performances of 1stChoiceWebHost
systems or networks. 1stChoiceWebHost reserves the right
to terminate or limit such activities.
FORCE MAJEURE
Neither party shall be liable for any delay or failure
to perform any of its obligations if the delay or failure
results from events or circumstances outside its reasonable
control, including but not limited to acts of God, strikes,
lock outs, accidents, war, fire, the act or omission
of government, highway authorities or any telecommunications
carrier, operator or administration or other competent
authority, the act or omission of any Internet Service
Provider, or the delay or failure in manufacture, production,
or supply by third parties of equipment or services,
and the party shall be entitled to a reasonable extension
of its obligations after notifying the other party of
the nature and extent of such events.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed
in accordance with the law of England and the parties
hereby submit to the exclusive jurisdiction of the English
courts.
SCRIPTING
1stChoiceWebHost are not responsible for customer programming
issues other than ensuring that programming languages
such as Perl, PHP and ASP are installed and functioning
on the web hosting system.
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REPORTING VIOLATIONS
OF 1stChoiceWebHost AUP
1stChoiceWebHost requests
that anyone who believes that there is a violation of
this AUP direct the information to the Abuse Department
at abuse@1stchoicewebhost.co.uk
If available, please provide the following
information:
- 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
- Evidence of the alleged violation
- E-mail with full header information
provides all of the above, as do system log files.
Other situations will require different methods of
providing the above information.
1stChoiceWebHost may take
any one or more of the following actions in response
to complaints:
· Issue
written or verbal warnings
· Suspend
the Member's newsgroup posting privileges
· Suspend
the Member's account
· Terminate
the Member's account
· Bill
the Member for administrative costs and/or reactivation
charges
· Bring
legal action to enjoin violations and/or to collect damages,
if any, cause by violations
REVISIONS TO THIS
ACCEPTABLE USE POLICY
1stChoiceWebHost reserves the right to revise,
amend, or modify this AUP, our TOS (Terms of Service)
and our other policies and agreements at any time and
in any manner. Notice of any revision, amendment, or
modification will be posted in accordance with our TOS
(Terms of Service).
EMAIL CONTACT
1stChoiceWebHost communicates with it's customers via
email and as such you agree to receive by email notification
of changes to our terms and conditions, notification
of major outages, updates to our products & features
and special offers.
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T&C’s Last Updated 30/07/06
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