WINHOST ACCEPTABLE USE POLICY

This Acceptable Use Policy (AUP) is part of our Terms of Service (TOS) and outlines the customer and their end users (collectively, you, your, yours) responsibilities and how they are expected to use the WinHost services. This policy states our policies on harmful activities toward our systems, our customers and the Internet community, which may compromise our services. Your use of any WinHost services constitute acceptance of this AUP as well as our TOS and Privacy Policy.

While WinHost respects that the Internet provides an open environment for free and open discussion and distribution of information, there are areas of competing interests, and we reserve the right to take remedy actions in order to protect these competing interests. We reserve the right to determine what activities are unacceptable at our sole discretion. WinHost reserves the right to refuse Services to any user at our sole discretion. WinHost also retains the right to discontinue service with or without notice for repeated violation of this AUP.

Changes
You understand that to meet the evolving needs of our customers, our hosting services, the changing laws, and the changing Internet, we reserve the right to revise this AUP at any time without notice. The latest version of the AUP will always be available here. Your continued use of our services constitutes acceptance of any changes to our AUP.

Notices of Violation
If you believe that this AUP is being violated, you may report this issue to abuse@winhost.com. Please note that, we require full details and the identification of the portion of this AUP that is being violated, and furthermore, we do not review anonymous reports. Your notice must contain your first and last name, a valid e-mail address and telephone number.

Content
WinHost does not censor or review content uploaded to our services or that is available on the Internet. When you obtain information through the Internet or our services, you must keep in mind that we cannot and do not monitor, verify, warrant, or vouch for the accuracy and quality of the information that users may acquire. Therefore, we cannot and do not accept any responsibility over content uploaded to our services or retrieved from the Internet. The responsibility of content is the sole responsibility of the customer, end user, or third party content provider. You must exercise your best judgment in relying on information obtained from the Internet or our services. We will only review content upon a verified complaint report. We reserve the right to refuse to provide services to customers who knowingly or unknowingly use our services to distribute materials that may degrade our network, harm other customers, or that is racist, pornographic, and hateful and creates customer service and/or abuse issues for us. We do not allow adult, gambling, obscene, pornographic content. We do not allow content used for harassment, defamation, libel and hate speech, or other offensive content.

Pass Through
Our services include third party services and this AUP incorporates policies from these other entities that provide products and services through us to you. These policies are “passed through” to you by this AUP.

IP Addresses
IP addresses assigned to customers are non-transferrable and you do not retain ownership or transfer rights to them. To provide our services, it may be necessary to change IP addresses, in which case we would contact all customers that will be affected by the change.

Use of Services
Our Services may only be used for lawful purposes.

You are required to provide us with accurate contact information.

Distribution, storage, or presentation of any information or material in violation of any applicable law, regulation, this AUP, or our TOS, is strictly prohibited.

The following are violations of this AUP and will be subject to immediate remedy action:

• Mass Email: The sending of more than 1000 emails per hour and/or 5000 emails per day.


• Unsolicited Email: The sending or receiving of mass unsolicited email (SPAM), support of web pages associated with SPAM, the dissemination of email lists to be used for SPAM, or the dissemination of software/tools to support SPAM are violations.


• Email Bombing: The sending of mass emails, email bounces or email forwards to a user in an attempt to interfere with email services is a violation.


• Warez: The sharing of copyright protected software or pirated software, especially in a peer to peer network, is a violation.


• Malware: Using services to store or disseminate or support the distribution of viruses, worms, Trojan horses or any other malware is a violation.


• Phishing: Any use of our services to perpetrate phishing or support phishing activities is a violation.


• Fraud: Content related to fraud, ponzi schemes, multilevel marketing is a violation.


• Child Pornography: Content related to child pornography is a violation.


• Terrorist-related: Content related to international or domestic terrorism is a violation.


• Port Sniffing: Engaging in or disseminating software for port sniffing is a violation.


• Hacking: Attempts to subvert or assist others in subverting or circumventing the security integrity of our services or our customers websites and databases is a violation.


• DOS/DDOS: Using our services to support or perpetrate or attract denial of service or distributed denial of service attacks is a violation.


• Password Attacks: Using our services to support password attacks, or engaging in password attacks against our systems or our customers sites, or engaging in storing or distributing password lists is a violation.


• Reverse Engineering: Any attempt to reverse engineer our systems is a violation.


• Excessive Server Resource Use: Posting messages or using software applications that consume excessive CPU time, or storage space, or network bandwidth is a violation.


• Spoofing: Misrepresenting, omitting or deleting identifiable headers to conceal or misidentify the origin of a communication is a violation.


• Helpdesk/Forum Spamming: Spamming our helpdesk or forum as a means of getting attention or for deliberate effort to degrade our service is a violation.

Intellectual Property Violations
You must comply with U.S. laws for trademarks, patents and laws governing the dissemination and use of intellectual property. Complaints about intellectual property rights violations, other than copyright violations, should be directed to abuse@winhost.com.

Copyright Infringement and DMCA
WinHost complies with the Digital Millennium Copyright Act (DMCA), whose guidelines can be found at http://www.copyright.gov. DMCA complaints should be sent to: Host Collective, Inc., Attn: Michael Phillips, 2700 E. Foothill Blvd. Suite 201, Pasadena, CA 91107

U.S. Export Controls
Use of our Service is governed by U.S. export control laws. These laws apply regardless where you reside. More information about U.S. export laws can be reviewed at: http://www.export.gov/regulation/index.asp.

Cooperation with Law Enforcement and Legal Documents
You understand that in order to comply with a court order, subpoena, summons, discovery request, warrant, or regulation, it may be necessary to disclose your personal and website information to protect our business, or others, from harm. We assume no obligation to inform you that we have provided this type of information and in some cases we may be prohibited by law from giving such notice.

Law enforcement agencies who seek information about our customers and their use of our Service are required to submit a subpoena. Unless specifically required by law, the Subpoena will be transmitted to the customer. Civil demands for information, such as discovery requests, must be part of a filed and pending litigation matter. Responses to Civil Demands are at our discretion. Responses are subject to a response fee of $250 per hour. We do not honor requests from civil litigants to limit or to pre-approve response expenses.

Remedies
WinHost may take remedy action, at our discretion, in response to any of the harmful activities described in this AUP, along with any activities that contradict the spirit of this AUP.

If WinHost learns of a violation of this AUP, we will respond to the applicable user and may, in our sole discretion, take any or all of the following remedy actions, with or without notice as it deems necessary or appropriate in accordance with the severity and duration of the violation:

• Issuing a warning to the user
• Suspending the offending user from all or part of our services
• Terminating the offending user from all or part of our services
• Imposing fees or charges to the offending user
• Removing the offending content
• Taking other action in accordance with this AUP or applicable laws

Suspension and Termination
If you violate this AUP, and we take action to suspend or terminate our service, you will not receive a refund of any fees paid to us. Your failure to abide by the terms of this AUP is grounds for suspension or termination of our service and may be undertaken with, or without, notice to you. You agree to hold WinHost harmless from any claims that a suspension or termination of service has caused you damage.

Last Update: October 18 2011