ACCEPTABLE USAGE POLICY
Your use of the Services means that you accept, and agree to abide by, all the policies in this acceptable use policy, which are incorporated into our Standard Terms and Conditions (https://enspir.net/terms). Words defined in our Standard Terms and Conditions shall have the same meaning in this acceptable use policy (AUP).
The Services provided by ENSPIR SOLUTIONS may only be used for lawful purposes. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services. ENSPIR SOLUTIONS reserves the right to refuse service to anyone. Any material that in our judgment violates this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice.
You may use our site or the services we provide only for lawful purposes. You may not use our site or services:
- In any way that breaches any applicable local, national or international law or regulation;
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- For the purpose of harming or attempting to harm minors in any way;
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- To send, knowingly receive, upload, download, use or re-use any material which: • is defamatory of any person;
- is obscene, offensive, hateful or inflammatory;
- promotes sexually explicit material;
- promotes violence;
- promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringes any copyright, database right, trade mark or other intellectual property right of any other person;
- is likely to deceive any person;
- is made in breach of any legal duty owed to a third party such as a contractual duty or a duty of confidence;
- promotes any illegal activity;
- is threatening, abusive or invades another’s privacy, or causes annoyance, inconvenience or needless anxiety;
- is likely to harass, upset, embarrass, alarm or annoy any other person;
- advertises for sale substances that are legal in law but are known to be abused;
- is used to impersonate any person, or to misrepresent your identity or affiliation with any person; or gives the impression that it emanates from us if this is not the case.
You also agree not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
You may not register for an account with us or sign up or use our services for the purposes of testing or vetting security measures in any way or format without our express written consent to do so.
You will not forge the signature or other identifying mark or code of any other person or engage in any activity (including “spoofing”) to attempt to deceive other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames).
UNACCEPTABLE CONTENT, DATA, MATERIALS, OR WEBSITES
These includes but are not limited to:
IRC Bots, Proxy Scripts, Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming, Bank Debentures/Bank Debenture Trading Programs, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites, sale of any controlled substances without providing proof of appropriate permit(s) in advance, Bitcoin Miners, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, muds/rpg’s, Lottery/Gambling Sites,Q hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc), IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forum sites and or any other websites that distribute or link to warez content are strictly prohibited as well.
Any material that in our reasonable opinion is either obscene or threatening is strictly prohibited and will be removed from our servers.
By using our Services, you also agree not to engage in or to instigate actions that cause harm to ENSPIR SOLUTIONS, other ENSPIR SOLUTIONS customers or any third party. Such actions include, but are not limited to, actions resulting in blacklisting any ENSPIR SOLUTIONS IPs by any online spam or IP reputation database, actions resulting in DOS attacks for any ENSPIR SOLUTIONS server, etc.
You are solely responsible for ensuring that all programs and scripts installed or used on the Services are secure and the permissions of directories and files are set properly. We recommend that you set the permissions on all directories and files to be as restrictive as possible. You are solely responsible for any actions and activity while using the Services, including any compromise of login credentials.
You agree to keep all your login credentials secure at any time. We reserve the right to carry out audits to determine the security level of login credentials. In the event that we determine your login credentials have been compromised (e.g. were brute-forced, hijacked, stolen, etc.) and are being used or were used for uploading, maintaining, running unacceptable content, data materials or websites, we may suspend access to the compromised Service (including but not limited to Customer Account, hosting service, user accounts, website, FTP service, Email service). We will notify you if such actions are taken against your hosting account.
ENSPIR SOLUTIONS shall not provide legal advice referring to compliance of content and materials uploaded on or transmitted through our Services. You shall be solely responsible for verifying whether your content and materials comply with any applicable law, including laws in jurisdictions where your content and/or materials are uploaded, hosted or accessed. ENSPIR SOLUTIONS shall not bear any liability if your use of the Services violates any law or regulation
The purpose of the web hosting space provided is for use with web hosting and all files uploaded or stored must comply with this requirement and be visible and accessible to end users visiting the web site or domain.
In the event the bandwidth, number of websites or disk space usage of your website presents a risk to the stability, performance or uptime of our servers, data storage, networking or other infrastructure, you may be required to upgrade to a VPS or Dedicated Server, or we may take action to restrict the resources your website is utilizing.
The web hosting space will not be used as a file storage method for purposes other than serving content for your web site and in any event may not contain the following content;
- Warez’ content or content commonly known to be pirated or illegal copies of software or other works;
- Pornographic material;
- Any content that is illegal under UK or European law;
- Image hosting scripts that allow an anonymous user to upload an image for display on another website;
- Banner advertising services for display on other websites or devices (commercial banner advertisement rotation);
- File dump/mirror scripts that allow anonymous users to upload a file for others to download;
- Commercial audio streaming (more than one or two streams);
- Push button mail scripts that allow the end user to specify recipient email addresses;
- Anonymous or bulk SMS gateways;
- Backups of content from a computer or website;
- Bit torrent trackers
- Any script that causes a degradation in the performance of our server or network environment;
We reserve the right to serve notice to suspend service, or remove any files which do not comply with these rules
Shared and reseller accounts may not run any database queries longer than fifteen (15) seconds. Shared or reseller cPanel accounts using more than five thousand (5,000) database tables or hosting a single database that is larger than five (5) gigabytes, or any number of databases that total more than ten (10) gigabytes in size may be reviewed and receive a warning after which the account’s databases may be excluded from ENSPIR SOLUTIONS generated backups. All database tables should be indexed appropriately. High database usage may also impact CPU and RAM resource usage limits, as set forth in Section 15 of the General Terms of Service, which may result in the Subscriber’s cPanel account being flagged for review and/or suspension.
STANDARD EMAIL SERVICES SUPPLIED WITH SHARED HOSTING AND EMAIL ONLY HOSTING PACKAGES.
Our shared and reseller hosting, also encompassing our email only hosting plans, are provided with email services and facilities. The maximum permissible emails that can be sent out in any single hour is 300 from a domain. We do not provide catch all mailboxes as these are commonly spam magnets. For windows hosting customers, all emails from deleted items will be deleted at 15 days’ age, Sent Items at 30 days’ age, inbox 365 days and spam folder 7 days. however, these default settings can be changed. Each email sent must have 40 or less recipients. The total email allowance per domain name is 1024mb. this means all mailbox’s together must not exceed 1024mb, however we can increase this to 2048mb if proven more space is needed, this is on a per domain basis. Whilst our standard email services as supplied with our shared and reseller hosting plan are typically of high quality and features we do not warrant them in any way.
Note – these limits and policies do not apply to our Microsoft Exchange hosting service. Customers requiring higher limits and policies or a business class email service should purchase our Microsoft Exchange hosting service.
Mass mailing is not allowed on ENSPIR SOLUTIONS shared hosting servers. A dedicated mass email server can be provided with the use of unlimited SMTP for sending via programmatic means from shared hosting on our web sites if required. Anyone who sends mass mail and is found to have caused problems affecting ENSPIR SOLUTIONS mail servers or IP reputation will be subject to a fine and have their domain and service suspended.
Proxy services are often used to hide the originating users true IP address or location. Unfortunately, this presents us with a number of issues relating to our obligations relating to security, finance and taxation and so accessing our services via proxy services is expressly prohibited. Where we find proxy services have been used to sign up for an account or to otherwise disguise the location of the account holder we reserve the right to terminate any accounts and services used in this manner without notice.
We will always do our best to be respectful and in our dealings with you, by email or by phone, treat you in the manner in which we ourselves would expect to be treated. We fully expect that our customers will treat us the same way.
That can be a challenge sometimes for both parties as we recognise that things can sometimes get frustrating. Computers do have errors (often caused by humans) and humans also make mistakes from time to time. Whether those computers or humans are either yours or ours, we expect that both parties will remain calm and deal with any issues that occur professionally.
On rare occasions a customer will become threatening or abusive. This can manifest itself in the use of all capitals in email (considered in general internet terms as shouting) or the use of abusive language. On the phone this includes shouting and abusive language.
On such occasions we reserve the right not to answer the email or to hang up. We don’t need any abuse (the job can be challenging enough) and simply won’t tolerate it. If a customer feels the need, do as we do – leave your desk and go for a walk. Breath. Talk to somebody and vent if you need to – just not at us.
SUSPENSION AND TERMINATION
We will determine, in our sole discretion, whether you have breached this acceptable use policy. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of our Standard Terms and Conditions and, in addition to our rights contained therein, may result in our taking all or any of the following additional actions:
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- further legal action against you;
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
If you have a complaint, then there are ways in which you can address them.
Your first port of all is an email to email@example.com with full details of your complaint. You should make sure you provide as much detail as possible including a timeline of events if applicable, the details of any of our team that you have dealt with, any relevant trouble ticket numbers and the time and date of any phone calls. The complaint will be received and reviewed by a manager who will consider all of the information available and who may contact you to ask further questions if appropriate.
We will do everything we can to deal with any complaint raised and if we can find a way to resolve any issue to your satisfaction we will.
CHANGES TO OUR ACCEPTABLE USE POLICY
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you and form part of your contract with us. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.