Silicon Valley Web Hosting‘s Acceptable Use Policy (“AUP”) is provided to give our clients a clear understanding of what Silicon Valley Web Hosting expects of them while using the service. All users of Silicon Valley Web Hosting’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 TAC (Terms and Conditions).
Use of Silicon Valley Web Hosting Service constitutes acceptance and agreement to Silicon Valley Web Hosting AUP (Acceptable Usage Policy) and TAC (Terms and Conditions).
IMPORTANT NOTICE: All payments To Silicon Valley Web Hosting LLC are non-refundable.
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 TAC (Terms and Conditions), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Silicon Valley Web Hosting may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong doing. Your violation of this AUP may result in the suspension or immediate termination of either your Silicon Valley Web Hosting account or other actions as detailed in this document.
This document is intended to provide a basic understand of Silicon Valley Web Hosting’s Acceptable Use Policy.
The following are guidelines for the establishment and enforcement of Silicon Valley Web Hosting’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 throughout the expanse of the global Internet
- Comply with existing domestic and international law
- 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
Silicon Valley Web Hosting intends to provide its customers access to everything the Internet has to offer. While the Silicon Valley Web Hosting is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the Silicon Valley Web Hosting and the Internet and cannot be permitted under the guise of free speech. The resources of Silicon Valley Web Hosting 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 co-location server which Silicon Valley Web Hosting 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.
If a Silicon Valley Web Hosting account is used to violate the Acceptable Use Policy or our TAC, 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 at email@example.com
As a provider of web site hosting and other Internet-related services, Silicon Valley Web Hosting offers its customers (also known as “Subscribers”) and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Silicon Valley Web Hosting respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Silicon Valley Web Hosting reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Silicon Valley Web Hosting has developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each customer’s respective service agreement, and is intended as a guide to the customer’s rights and obligations when using Silicon Valley Web Hosting’s services. This AUP will be revised from time to time. A customer’s use of Silicon Valley Web Hosting’s services after changes to the AUP are posted on the Silicon Valley Web Hosting web site, www.svwh.net, will constitute the customer’s acceptance of any new or additional terms of the AUP resulting from those changes.
As the owner and operator of a server located on the Silicon Valley Web Hosting network, all activity that takes place on the server is your responsibility. Silicon Valley Web Hosting reserves the right to refuse and terminate services for any reason, without notice, and in the event that any damage to our network and service is determined, we will be required to take action in preventing said damage.
Blatant violations of the AUP are determined by our Abuse Department and appropriate actions will be taken to protect the well being of our network segment whenever abuse/AUP-violation issues are concerned.
One important aspect of the Internet is that no singular party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Silicon Valley Web Hosting cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive in a variety of facets. Because Silicon Valley Web Hosting cannot monitor or censor content on the Internet, and will not attempt to do so, Silicon Valley Web Hosting cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
Server Security: When server security is maintained by the server owner, it is his or her responsibility to maintain the server software and ensure updates and all aspects of server security are properly maintained. Servers that are compromised in any extent are considered to be in direct violation of this AUP. In the event that server security is breached, Silicon Valley Web Hosting reserves the right to perform the following actions:
A.) Disable the server and cancel it from our system if it is determined that updates and standard updates have not been taking place. Silicon Valley Web Hosting, following an in-depth analysis, may offer updates and related procedures to the server owner for a one time fee. Multiple violations that occur in a six (6) month period will result in mandatory service termination, and at all times the Silicon Valley Web Hosting’s Administrative Team reserves the right to immediately terminate any server that breaches these policies and causes risk to our network as a whole.
DDOS Attacks: Silicon Valley Web Hosting does not provide attack mitigation of any kind. In the event that a server is attacked and causes connectivity issues to the overall network, the following actions can take place:
A.) All network addresses associated with the server can be null routed and blocked at the routing perimeter of the affected network for an indefinite amount of time- ‘semi-permanent’ null routes is a practice here as well, when necessary.
B.) Server can be disabled for a “timeout” period set forth by the network administrators. Timeout periods disable the server and stop the flow of traffic to and from the server. The period for timeout down is determined by our network administrators, based upon the severity of the attack taking place.
C.) Server cancellation can take place if it is determined the overall operations of this server will likely cause perpetual network disruption that is unknown or determined as harmful to other clients on the Silicon Valley Web Hosting network.
Shared Hosting/Resold Services: Silicon Valley Web Hosting is a host to a multitude of shared hosting and reseller hosting providers. As one of these customers you are accepting full responsibility for the content and operations of the server. To protect our network and the well being of our customer base, Silicon Valley Web Hosting reserves the explicit right to terminate and/or quarantine any web hosting account located on our network for violation of this AUP. Disabling accounts may be the first course of action taken by our Abuse Department and notification to the server owner will take place alongside these procedures. Silicon Valley Web Hosting also reserves the right to request permanent removal of the account in question. Failure to comply can and will result in the cancellation of server.
Bulk Email: or, the sending of unsolicited bulk and/or commercial information over the Internet. This is not only harmful because of its negative impact on consumer attitudes toward Silicon Valley Web Hosting, but also because it can overload Silicon Valley Web Hosting’s network and disrupt service to Silicon Valley Web Hosting’s subscribers.
In the event that bulk transmissions of unsolicited mail are sent either by the customer, via the customer’s server, and/or advertising products or services provided by the customer or by one of the customer’s accounts, Silicon Valley Web Hosting reserves the right to have the offending account, source engine of transmission, or entire server itself, removed from our network.
If your server, one of the accounts on your server, or IP range(s) associated with your server are found to have been listed on any of the RBL lists provided by SPAM blocking organizations, we will take action in having these listings removed, which may include having accounts and/or servers deactivated or cancelled, as to be determined by our Abuse Department. Full cooperation is expected from the customer in having these listings removed, as to prevent any of the abovementioned unpleasant actions.
The CAN SPAM law of 2003 will not be used as a guideline in determining the legitimacy of mailing practices. Instead, our internal policies will continue to be used in regards to this issue, so that our network is protected against being blocked by RBL listings. If you would like further information concerning this, or would like to inquire as to the legitimacy of your mailing list, please contact firstname.lastname@example.org.
IRC/Shell Servers: Use of the Silicon Valley Web Hosting service for IRC/Shell/Bot related activities is unacceptable. Servers continuously running a risk of supporting IRC daemons or eggdrops will be disabled and cancelled from our network.
Bit Torrents/P2P Protocols: Bit Torrent software and P2P protocol software are not permitted on our network, when used to distribute or receive copies of otherwise illegal materials. Servers continuously running a risk of supporting these types of services will be disabled and cancelled from our network.
Intellectual Property Violations: Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy and patents held by individuals, corporations or other entities is strictly prohibited. Also, engaging in activity that violates privacy, publicity or other personal rights of others is prohibited. Silicon Valley Web Hosting is required by law to remove or block access to customer content, upon receipt of a proper notice of copyright infringement. It is also Silicon Valley Web Hosting’s policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Obscene Speech or Materials: Using Silicon Valley Web Hosting’s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Silicon Valley Web Hosting is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography immediately hosted within or being transmitted through its network.
Defamatory or Abusive Language: Using Silicon Valley Web Hosting’s network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language is prohibited.
Forging of Headers: Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message; is not allowed on Silicon Valley Web Hosting’s network.
Illegal or Unauthorized Access to Other Computers or Networks: Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”), is strictly prohibited. Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity) will not be allowed.
Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities: Distributing information regarding the creation of and/or sending Internet viruses, worms, Trojan horses, ICMP assaults or other flooding mediums, mail-bombing or the launching of denial of service attacks are strictly prohibited. Also, 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 are not allowed.
Facilitation a Violation of this AUP: Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail-bombing, denial of service attacks and piracy of software is prohibited.
Export Control Violations: Exporting encryption software over the Internet or otherwise, to points outside the United States is prohibited.
Other Illegal Activities: Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software is prohibited.
Other Activities: Engaging in activities, whether lawful or unlawful, that Silicon Valley Web Hosting determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations, is strictly prohibited.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Silicon Valley Web Hosting will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Silicon Valley Web Hosting’s policy or applicable law. However, when Silicon Valley Web Hosting becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, deactivating a web site, implementing screening software designed to block offending transmissions, denying Internet connectivity, or any other action deemed appropriate by Silicon Valley Web Hosting.
Silicon Valley Web Hosting is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Silicon Valley Web Hosting’s facilities from those subscribers may have originated from a customer of the subscriber or from yet another third party. Silicon Valley Web Hosting does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Silicon Valley Web Hosting reserves the right to directly take action against a customer of its subscribers. Also, Silicon Valley Web Hosting may take action against the Silicon Valley Web Hosting subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Silicon Valley Web Hosting anticipates that subscribers who offer Internet services will cooperate with Silicon Valley Web Hosting in any corrective or preventive action that Silicon Valley Web Hosting deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Silicon Valley Web Hosting policy.
Silicon Valley Web Hosting will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority, or when public safety is at stake. Silicon Valley Web Hosting may, however, monitor any aspect of service electronically to determine that its facilities are operating satisfactorily. Also, Silicon Valley Web Hosting may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Silicon Valley Web Hosting assumes no obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Silicon Valley Web Hosting may disclose subscriber information or information transmitted over its network where necessary to protect Silicon Valley Web Hosting and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Silicon Valley Web Hosting will never sell information to other services or outside companies.
Silicon Valley Web Hosting expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber’s failure to comply with those laws will violate Silicon Valley Web Hosting policy.
Silicon Valley Web Hosting wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Silicon Valley Web Hosting for any violation of the Service Agreement, law, or Silicon Valley Web Hosting policy resulting in loss to Silicon Valley Web Hosting or the bringing of any claim against Silicon Valley Web Hosting by any third party. This means that, if Silicon Valley Web Hosting is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will be responsible for payment of any damages awarded against Silicon Valley Web Hosting, plus costs and reasonable attorney’s fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including Silicon Valley Web Hosting and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent to email@example.com immediately.
REPORTING VIOLATIONS OF Silicon Valley Web Hosting AUP
Silicon Valley Web Hosting requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at firstname.lastname@example.org.
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. Silicon Valley Web Hosting may take any one or more of the following actions in response to complaints:
- Issue written or verbal warnings
- 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
Silicon Valley Web Hosting reserves the right to revise, amend, or modify this AUP, our TAC (Terms and Conditions), 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 TAC (Terms and Conditions).