As a provider of web site hosting and other Internet-related services, ProperHost ("ProperHost") offers its customer (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. ProperHost respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, ProperHost reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, ProperHost 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 ProperHost' services. This AUP will be revised from time to time.
One important aspect of the Internet is that no one 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 ProperHost 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. Because ProperHost cannot monitor or censor the Internet, and will not attempt to do so, ProperHost cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must keep in mind that ProperHost does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over ProperHost' network and may reach a large number of people, including both subscribers and non-subscribers of ProperHost, subscribers' postings to the Internet may affect other subscribers and may affect ProperHost' goodwill, business, reputation or operations. For these reasons, subscribers violate ProperHost policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Using ProperHost' network or servers to send unsolicited bulk (spam) is strictly prohibited and will result in service suspension/cancellation if not dealt with in a timely manner.
All clients are allowed access to the public and private network; however misuse of the network in any way, including interference, will result in a violation of this AUP. All violations of this AUP shall be subject to review by ProperHost, and an appropriate course of action shall be taken as determined by ProperHost in its sole discretion. Proper use of public network must comply with all local, state, and federal laws. Clients assume full liability for all content which they place on the server. Content displaying or transferring acts of copulation or exposed genitalia is prohibited, regardless of context. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting is deemed a violation of this AUP.
Any type of sabotage, regardless of intention, shall be grounds for termination of an account. This includes but is not limited to abuse of the remote reboot system by using it multiple times in a very short amount of time for improper reasons.
Clients are required and obligated to maintain all security on their servers. Any and all additional charges that are incurred due to client lack of monitoring or security are the responsibility of the client.
If any client or any third-party user that is a customer of our client uses ProperHost services, network, or its physical infrastructure in a manner that causes ProperHost, or any IP addresses issued by ProperHost to be "blacklisted" or "blocked", ProperHost reserves the right to suspend or terminate services of such client and/or suspend or terminate the access to services, network, and/or its physical infrastructure. Operating ProperHost service on behalf of, or in connection with or reselling any service to persons or firms listed in the Spamhaus Register of Known Spam Operations database at www.spamhaus.org shall constitute a violation of this AUP.
All IPs addresses issued by ProperHost are the sole property of ProperHost or its upstream provider. Clients retain no ownership rights to any IP addresses issued by ProperHost. Clients may not transfer IPs from ProperHost. Any client purchasing over 16 IP addressed in addition to their server may be required to submit ARIN justification forms as well as submit to additional terms depending on the number of IP addresses desired. For more information about IP Addresses, please contact us.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. ProperHost will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with ProperHost' policy or applicable law. However, when ProperHost becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by ProperHost.
ProperHost is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching ProperHost' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. ProperHost does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. ProperHost reserves the right to directly take action against a customer of its subscribers. Also, ProperHost may take action against the ProperHost' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, ProperHost anticipates that subscribers who offer Internet services will cooperate with ProperHost in any corrective or preventive action that ProperHost deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of ProperHost policy.
ProperHost 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. ProperHost may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, ProperHost 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. ProperHost assumes not 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, ProperHost may disclose subscriber information or information transmitted over its network where necessary to protect ProperHost and others from harm, or where such disclosure is necessary to the proper operation of the system. However, ProperHost will never sell information to other services or outside companies.
ProperHost 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 ProperHost policy. Finally, ProperHost wishes to emphasize that, in signing the Service Agreement, subscribers indemnify ProperHost for any violation of the Service Agreement, law or ProperHost policy resulting in loss to ProperHost or the bringing of any claim against ProperHost by any third party. This means that, if ProperHost 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 ProperHost, plus costs and reasonable attorney's fees.
Last updated: April 1, 2015