ClubWebHost.com Web Hosting Acceptable Use Policy


As a provider of web site hosting, and other Internet-related services, ClubWebHost.com Web Hosting offers its clients, and their customers and users, the means to disseminate a wealth of public, private, commercial, and noncommercial information.

ClubWebHost.com 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, ClubWebHost.com Web Hosting reserves the right to take certain preventative or corrective actions.

In order to protect these competing interests, ClubWebHost.com 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 utilizing ClubWebHost.com Web Hosting’s services.

This AUP may be revised from time to time.

A customer's use of ClubWebHost.com Web Hosting’s services after changes to the AUP are posted on ClubWebHost.com Web Hosting’s web site, http://www.ClubWebHost.com, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.

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 the Internet to disseminate information to others.


When information is disseminated through the Internet, they also must keep in mind that ClubWebHost.com Web Hosting does not review, edit, censor, or take responsibility for any information its clients 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 they create is carried over ClubWebHost.com Web Hosting’s network and may reach a large number of people, including both clients and non-clients of ClubWebHost.com Web Hosting, clients' postings to the Internet may affect other clients and may harm ClubWebHost.com Web Hosting’s goodwill, business reputation, and operations. For these reasons, clients violate ClubWebHost.com Web Hosting policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

Spamming

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward ClubWebHost.com Web Hosting, but also because it can overload ClubWebHost.com Web Hostings network and disrupt service to ClubWebHost.com Web Hosting clients. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, ClubWebHost.com Web Hosting has the discretion to determine from all of the evidence whether the e-mail recipients were from an "opt-in" e-mail list. If we receive a complaint of spam from your hosted email account; your site will immediately be suspended and or deleted from our servers. are forced in determining this; you will be charged a fee of $25

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. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. ClubWebHost.com 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 ClubWebHost.com Web Hosting’s policy to terminate the privileges of customers who commit violations of copyright laws.

ClubWebHost Copyright and Intellectual Property Agent for Notice

Adult Material

Because the Internet is a global communication tool, and we have clients from nearly every country in the world it is difficult to dictate what is considered "adult material." However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. This being said, there are still several reasons why ClubWebHost.com Web Hosting has created a no adult material policy.

What does ClubWebHost.com Web Hosting consider "Adult Material?"

  • Any site whose revenue is gained in part or whole from its adult or adult related content.
  • Photos, videos or any web page content showing or inferring nudity on either men or women for non-scientific or non-artistic purposes.
  • Revenue-generating hyperlinks to sites who violate any of the above policies.
  • ClubWebHost.com Web Hosting will be the sole arbiter in determining what is and what is not "Adult Material".

Why does ClubWebHost.com Web Hosting have this policy?

A virtual server is a shared environment where many servers reside on each particular machine. Consider that an average "adult site" gets more hits than 100 standard websites. Some of the smaller adult sites get around 5 GB of transfer per day. With these types of resources being utilized, our servers would be severely slowed if we allowed these high traffic sites to also reside on our servers. On top of that, we would be forced to raise our prices to pay for the additional bandwidth. We strive to keep our servers fast and inexpensive, and our bandwidth clear; therefore, adult sites are not an option. ClubWebHost.com Web Hosting reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related". Let us know if you are unsure of the approval of your site before placing an order.

We may terminate your account at our descretion if you are guilty
of any of the following:


Defamatory or Abusive Language

Using ClubWebHost.com Web Hosting’s network as a means to transmit or post defamatory, harassing, abusive, or threatening language. This is not acceptable. ClubWebHost.com Web Hosting will be the sole arbiter of what constitutes a violation of the above policy.

Forging of Headers

Forging or misrepresenting message (email) headers, whether in whole or in part, to mask the originator of the message. Forging headers is generally a sign of spamming; grounds for immediate hosting account termination.

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"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

Background Running Programs

Background daemons in general are prohibited on ClubWebHost.com Web Hosting servers, including, but not limited to, IRC bots, eggdrop, BitchX, XiRCON, warez sites and any other program that interferes with normal server operation. ClubWebHost.com Web Hosting will be the sole arbiter of what constitutes a violation of the above policy.

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities

Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. 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.

Facilitating 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.

Export Control Violations

Exporting encryption software over the Internet or otherwise, to points outside the United States or Canada.

Usenet Groups

ClubWebHost.com Web Hosting reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities

Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirated software. ClubWebHost.com Web Hosting will be the sole arbiter of what constitutes a violation of the above policy.

Other Activities

Engaging in activities, whether lawful or unlawful, that ClubWebHost.com Web Hosting determines to be harmful to its clients, operations, reputation, goodwill, or customer relations we reserve the sole right to cancel your hosting account without refund. As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the client.

ClubWebHost.com Web Hosting will not, as an ordinary practice, monitor the communications of its client to ensure that they comply with ClubWebHost.com Web Hosting policy or applicable law. When ClubWebHost.com Web Hosting becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.

ClubWebHost.com Web Hosting also 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, ClubWebHost.com Web Hosting urges its clients to assume that all of their on-line communications are insecure. ClubWebHost.com Web Hosting cannot take any responsibility for the security of information transmitted over ClubWebHost.com Web Hosting’s facilities. ClubWebHost.com Web Hosting will not intentionally monitor private electronic mail messages sent or received by its clients unless required to do so by law, governmental authority, or when public safety is at stake. ClubWebHost.com Web Hosting may, however, monitor its service electronically to determine that its facilities are operating satisfactorily.

Also, ClubWebHost.com Web Hosting may disclose information, including but not limited to, information concerning a client, 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. ClubWebHost.com Web Hosting assumes no obligation to inform the client that client information has been provided and in some cases may be prohibited by law from giving such notice. Finally, ClubWebHost.com Web Hosting may disclose client information or information transmitted over its network where necessary to protect ClubWebHost.com Web Hosting and others from harm, or where such disclosure is necessary to the proper operation of the system.