Internet Abuse
You may not use ForgeHost.com network to engage in illegal, abusive, or
irresponsible behavior, including:
- Unauthorized access to or use of data, systems or networks,
including any attempt to probe, scan or test the vulnerability of a
system or network or to breach security or authentication measures
(including those belonging to ForgeHost.com and its customers)
without express authorization of the owner of the system or network;
monitoring data or traffic on any network or system without the
authorization of the owner of the system or network;
- Interference with service to any user of the ForgeHost.com or
other network including, without limitation, mail bombing, flooding,
deliberate attempts to overload a system and broadcast attacks;
- Use of an Internet account or computer without the owner's
authorization, including, but not limited to Internet scamming
(tricking other people into releasing their passwords), password
robbery, security hole scanning, and port scanning;
- Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
- Any conduct that is likely to result in retaliation against the
ForgeHost.com network or website, or ForgeHost.com
employees, officers or other agents, including engaging in behavior
that results in any server being the target of a denial of service
attack (DoS).
Security
You must take reasonable security precautions in light of your use of the
ForgeHost.com services. You are solely responsible for any breaches of
security affecting the servers under your control. You must protect the
confidentiality of your password(s), and you should change your password(s)
periodically.
A compromised server is potentially disruptive to ForgeHost.com network
and other customers. Therefore ForgeHost.com may take your server off line
if it is accessed or manipulated by third party without your consent.
Bulk or Commercial E-Mail
You must comply with the CAN-SPAM Act of 2003 and other laws and regulations
applicable to bulk or commercial e-mail. In addition, you must obtain
ForgeHost.com advance approval for any bulk commercial e-mail, which
will not be given unless you are able to demonstrate all of the following to
ForgeHost.com reasonable satisfaction:
- Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
- Your procedures for soliciting consent include reasonable means to
ensure that the person giving consent is the owner of the e-mail
address for which the consent is given;
- You retain evidence of the recipient's consent in a form that may
be promptly produced on request, and you honor recipient's and ForgeHost.com requests to produce consent evidence within 72 hours of
receipt of the request.
- The body of the e-mail must describe how the e-mail address was
obtained, for example, "You opted in to receive this e-mail promotion
from our Web site or from one of our partner sites," and information on
how to request evidence of the consent, for example, "If you would like
to learn more about how we received your e-mail address please contact
us at abuse@yourdomain.com."
- You have procedures in place that allow a recipient to easily
revoke their consent - such as a link in the body of the e-mail, or
instructions to reply with the word "Remove" in the subject line.
- Revocations of consent are honored within 72 hours, and you notify
recipients that their revocation of their consent will be honored in 72
hours;
- You must post an abuse@yourdomain.com e-mail address on the first
page of any Web site associated with the e-mail, you must register that
address at abuse.net, and you must promptly respond to messages sent to
that address;
- You must have a Privacy Policy posted for each domain associated with the mailing;
- You have the means to track anonymous complaints; and
- You may not obscure the source of your e-mail in any manner. Your
e-mail must include the recipients e-mail address in the body of the
message or in the "TO" line of the e-mail.
These policies apply to messages sent using your ForgeHost.com service, or
to messages sent from any network by you or any person on your behalf that
directly or indirectly refer the recipient to a site hosted via your
ForgeHost.com service. In addition, you may not use a third party e-mail
service that does not practice similar procedures for all its customers.
ForgeHost.com may test and otherwise monitor your compliance with its
requirements, including requesting opt-in information from a random sample of
your list at any time.
Newsgroup, Chat Forums, Other Networks
You must comply with the rules and conventions for postings to any bulletin
board, chat group or other forum in which you participate, such as IRC and
USENET groups including their rules for content and commercial postings. These
groups usually prohibit the posting of off-topic commercial messages, or mass
postings to multiple forums.
You must comply with the rules of any other network you access or participate
in using your ForgeHost.com services.
Offensive Content
You may not publish or transmit via ForgeHost.com network and equipment
any content that ForgeHost.com reasonably believes:
- constitutes child pornography;
- is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
- is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
- is defamatory or violates a person's privacy;
- creates a risk to a person's safety or health, creates a risk to
public safety or health, compromises national security, or interferes
with a investigation by law enforcement;
- improperly exposes trade secrets or other confidential or proprietary information of another person;
- is intended to assist others in defeating technical copyright protections;
- clearly infringes on another person's trade or service mark, patent, or other property right;
- promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
- is otherwise illegal or solicits conduct that is illegal under laws
applicable to you or to ForgeHost.com; or is otherwise malicious,
fraudulent, or may result in retaliation against ForgeHost.com by
offended viewers.
Content "published or transmitted" via ForgeHost.com network or
equipment includes Web content, e-mail, bulletin board postings, chat, and any
other type of posting or transmission that relies on the Internet.
Copyrighted Material
You may not use ForgeHost.com network or equipment to download, publish,
distribute, or otherwise copy in any manner any music, software, art, or other
work protected by copyright law unless:
- you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
- you are otherwise permitted by established United States copyright law to copy the work in that manner.
ForgeHost.com may terminate the service of repeat copyright infringers.
Copyright Infringement Notice (Digital Millennium Copyright Act)
If you believe your copyright is being infringed by a person using the
ForgeHost.com network, please send your written notice of copyright
infringement to:
Legal Counsel
ForgeHost.com
3700 Commerce Blvd
Kissimmee, FL 34741
E-Mail our Abuse Department
Your notice must include the following:
- A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been
infringed, or if multiple copyrighted words at a single site are
covered by a single notification, a representative list of such works
at that site;
- Identification of the material that is claimed to be infringing or
to be the subject of infringing activity and that is to be removed or
access to which is to be disabled, and information reasonably
sufficient to permit ForgeHost.com to locate the material;
- Information reasonably sufficient to permit ForgeHost.com to
contact you, such as an address, telephone number, and, if available,
an e-mail address;
- A statement that you have a good faith belief that use of the
material in the manner complained of is not authorized by the copyright
owner, the copyright owner's agent, or the law;
- A statement that the information in the notification is accurate,
and under penalty of perjury that you are authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
Cooperation with Investigations and Legal Proceedings.
ForgeHost.com may, without notice to you:
- report to the appropriate authorities any conduct by you that it
believes violates applicable criminal law, and provide any information
it has about you in response to a formal or informal request from a law
enforcement or government agency, or in response to a formal request in
a civil action that on its face meets the requirements for such a
request.
Other
- You must have valid and current information on file with your
domain name registrar for any domain hosted on the ForgeHost.com
network.
- You may only use IP addresses assigned to you by ForgeHost.com staff in connection with your ForgeHost.com services.
- You may not take any action which directly or indirectly results in
ForgeHost.com IP space being listed in any of the various abuse
databases.
Consequences of Violation of AUP
ForgeHost.com may without notice to you, suspend your service or remove
any content transmitted via the ForgeHost.com service if it discovers
facts that lead it to reasonably believe your service is being used in
violation of this AUP. You must cooperate with ForgeHost.com reasonable
investigation of any suspected violation of the AUP. ForgeHost.com will
attempt to contact you prior to suspension of network access to your
server(s), however, prior notification is not assured.
You are strictly responsible for the use of your ForgeHost.com service in
violation of this AUP, including use by your customers, and including
unauthorized use. ForgeHost.com will charge you its hourly rate for
security breach recovery (currently $250.00) plus the cost of equipment and
material needed to (i) investigate or otherwise respond to any suspected
violation of this AUP, (ii) remedy any harm caused to ForgeHost.com or any
of its customers by the use of your service in violation of this AUP, (iii)
respond to complaints, and (iv) have ForgeHost.com Internet Protocol
numbers removed from any "blacklist" such as SPEWs or other abuse databases.
Amendments to AUP
The Internet is still evolving, and the ways in which the Internet may be
abused are also still evolving. Therefore, we may from time to time amend this
AUP in accordance with our Master Services Agreement to further detail or
describe reasonable restrictions on your use of our services.
Disclaimer
ForgeHost.com is under no duty, and does not by this AUP undertake a duty,
to monitor or police our customers' activities and disclaims any
responsibility for any misuse of the ForgeHost.com network.
ForgeHost.com disclaims any obligation to any person who has not entered
into an agreement with ForgeHost.com for services.
