Acceptable Use Policy and Terms of Service
From time to time Enterhost may impose reasonable rules and regulations regarding
the use of its services. Such rules and regulations are called Acceptable Use Policies
(AUPs) and are posted on the Internet at http://www.enterhost.com/aboutus/legal.aspx.
The AUPs are not exhaustive and Enterhost reserves the right to modify the AUPs
at any time, effective upon either the posting of the modified AUPs to www.enterhost.com
or notification of the modified AUPs. By registering for and using the services,
and thereby accepting the terms and conditions of the Acceptable Use Policy (AUP),
you agree to abide by them as modified from time to time. Any violation of the AUPs
may result in the suspension or termination of your account or such other action
as Enterhost deems appropriate. An unlisted activity may also be a violation of
the AUPs if it is illegal, irresponsible, or disruptive use of the Internet. No
credits will be issued for any interruption in service resulting from policy violations.
VIOLATION OF ANY AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION
OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM ENTERHOST. YOU SHALL REMAIN SOLELY
LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT
YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT"
INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN
NAMES. IT IS ENTERHOST'S POLICY TO TERMINATE REPEAT INFRINGERS. ENTERHOST RESERVES
THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME.
Client Security Responsibilities
The client is solely responsible for any breaches of security affecting servers
under client control. If a client's server is involved in an attack on another server
or system, it will be shut down and an immediate investigation will be launched
to determine the cause/source of the attack. In such event, the client is responsible
for the cost to rectify any damage done to the client's server and any other requirement
affected by the security breach. The labor used to rectify any such damage is categorized
as emergency security breach recovery and is currently charged at $100 USD per hour.
Enquiries regarding security matters may be directed to Support at email@example.com.
System And Network Security
Violations of system or network security are prohibited, and may result in criminal
and civil liability. Enterhost may investigate incidents involving such violations
and may involve and will cooperate with law enforcement if a criminal violation
is suspected. Examples of system or network security violations include, without
limitation, the following:
*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 without express authorization of the owner of the system
*Unauthorized monitoring of data or traffic on any network or system without express
authorization of the owner of the system or network.
*Interference with service to any user, host or network including, without limitation,
mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.
*Forging of any TCP-IP packet header or any part of the header information in an
e-mail or a newsgroup posting.
Violators of the policy are responsible, without limitations, for the cost of labor
to clean up and correct any damage done to the operation of the network and business
operations supported by the network, and to respond to complaints incurred by Enterhost.
Such labor is categorized as emergency security breach recovery and is currently
charged at $100 USD per hour required. Enquiries regarding security matters may
be directed to Support at firstname.lastname@example.org. Enterhost is concerned with the
privacy of online 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, Enterhost urges its clients to assume that all
of their online communications are insecure. Enterhost cannot take responsibility
for the security of information transmitted over Enterhost's facilities.
The client is responsible for protecting client's password and for any authorized
or unauthorized use made of client's password. The client will not use or permit
anyone to use Enterhost's service to guess passwords or to access other systems
or networks without authorization. Enterhost will fully cooperate with law enforcement
authorities in the detection and prosecution of illegal activity.
The client is expected to be familiar with and to practice good Internet etiquette
(Netiquette). The client will comply with the rules appropriate to any network to
which Enterhost may provide access. The client should not post, transmit, or permit
Internet access to information the client desires to keep confidential. The client
is not permitted to post any material that is illegal, libelous, tortuous, indecently
depicts children or is likely to result in retaliation against Enterhost by offended
users. Enterhost reserves the right to refuse or terminate service at any time for
violation of this section. This includes advertising services or sites via IRC or
USENET in clear violation of the policies of the IRC channel or USENET group.
Copyright Infringement - Software Piracy Policy
The Enterhost network may only be used for lawful purposes. Transmission, distribution,
or storage of any information, data or material in violation of United States or
state regulation or law, or by the common law, is prohibited. This includes, but
is not limited to, material protected by copyright, trademark, trade secret, or
other intellectual property rights.
Making unauthorized copies of software is a violation of the law, no matter how
many copies you are making. If you copy, distribute or install the software in ways
that the license does not allow, you are violating federal copyright law. If caught
with pirated software, you or your company may be liable under both civil and criminal
law, and you may be fined up to $250,000 and/or receive up to 5 years in jail.
In compliance with the Digital Millenium Copyright Act (the "DMCA"), please
send DMCA notifications of claimed copyright infringements to: Mr. Kevin R Valadez,
Enterhost, 801 Cherry Street, Suite LLG50, Unit 3, Fort Worth, Texas 76102 or by
e-mail to email@example.com.
Enterhost will cooperate fully with any civil and/or criminal litigation arising
from the violation of this policy.
Clients have a responsibility to use the Enterhost network responsibly. This includes
respecting the other clients of Enterhost. Enterhost reserves the right to suspend
and or cancel service with any Client who uses the Enterhost network in such a way
that adversely effects other Enterhost clients. This includes but is not limited
*Attacking or attempting to gain unauthorized access to servers and services that
belong to Enterhost or its clients (i.e. computer hacking), and/or
·*Participating in behavior which result in reprisals that adversely effect the
Enterhost network or other clients' access to the Enterhost network.
Enterhost will react strongly to any use or attempted use of an Internet account
or computer without the owner's authorization. Such attempts include, but are not
limited to, "Internet Scanning" (tricking other people into releasing
their passwords), password robbery, security hole scanning, port scanning, etc.
Any unauthorized use of accounts or computers by a Enterhost client, whether or
not the attacked account or computer belongs to Enterhost, will result in severe
action taken against the attacker. Possible actions include warnings, account suspension
or cancellation, and civil or criminal legal action, depending on the seriousness
of the attack. Any attempt to undermine or cause harm to a server, or client, of
Enterhost is strictly prohibited.
Violations of this policy may be reported directly to the FBI's Infrastructure Protection
& Computer Intrusion Squad at http://www.fbi.gov/programs/ipcis/ipcis.htm. Enterhost will
cooperate fully with any civil and/or criminal litigation arising from the violation
of this policy.
All services may be used for lawful purposes only. Transmission, storage, or presentation
of any information, data or material in violation of any applicable law, regulation,
or AUP is prohibited. This includes, but is not limited to: copyrighted material
or material protected by trade secret and other statute or dissemination of harmful
or fraudulent content.
Using any Enterhost service or product for the purpose of participating in any activity
dealing with subject matters that are prohibited under applicable law is prohibited.
Any conduct that constitutes harassment, fraud, stalking, abuse, or a violation
of federal export restriction in connection with use of Enterhost services or products
is prohibited. Using the Enterhost network to solicit the performance of any illegal
activity is also prohibited, even if the activity itself is not performed. In addition,
knowingly receiving or downloading a file that cannot be legally distributed, even
without the act of distribution, is prohibited.
Servers hosted within Enterhost network are open to the public. You are solely responsible
for your usage of the Enterhost network and servers and any statement you make on
servers hosted within the Enterhost network may be deemed "publication"
of the information entered. Acknowledging the foregoing, you specifically agree
not to use our service in any manner that is illegal or libelous.
Child Pornography on the Internet
Enterhost will cooperate fully with any criminal investigation into a Client's violation
of the Child Protection Act of 1984 concerning child pornography. Clients are ultimately
responsible for the actions of their customers over the Enterhost network, and will
be liable for illegal material posted by their clients.
According to the Child Protection Act, child pornography includes photographs, films,
video or any other type of visual presentation that shows a person who is or is
depicted as being under the age of eighteen years and is engaged in or is depicted
as engaged in explicit sexual activity, or the dominant characteristic of which
is the depiction, for a sexual purpose, of a sexual organ or the anal region of
a person under the age of eighteen years or any written material or visual representation
that advocates or counsels sexual activity with a person under the age of eighteen
Violations of the Child Protection Act may be reported to the U.S. Customs Agency
Commercial Advertisements with E-mail
Enterhost takes a zero tolerance approach to the sending of Unsolicited Commercial
E-mail (UCE) or SPAM over our network. Very simply, this means that clients of Enterhost
may not use or permit others to use our network to transact in UCE. Clients of Enterhost
may not host, or permit hosting of, sites or information that is advertised by UCE
from other networks. Violations of this policy carry severe penalties, including
termination of service.
Sending a message, especially an advertisement, to more than five recipients, is
by itself spamming unless the individuals have specifically requested to be added
to a mailing list on that topic. This includes both commercial advertisements and
informational messages sent to recipients via electronic mail (email) as well as
off-topic messages posted in Usenet discussion groups where the recipient has not
requested or invited the message. E-mail is a person-to-person medium, not a broadcast
Clients of Enterhost are strictly prohibited from using or permitting others to
use UCE or SPAM over our network. As our Clients are ultimately responsible for
the actions of their customers over the Enterhost network, it is advisable that
Clients develop a similar, or stricter, policy for their customers.
Violation of Enterhost's SPAM policy will result in severe penalties. Upon notification
of an alleged violation of our SPAM policy, Enterhost will initiate an immediate
investigation (within 48 hours of notification). During the investigation, Enterhost
may restrict client access to the network to prevent further violations. If a client
is found to be in violation of our SPAM policy, Enterhost may, at its sole discretion,
restrict, suspend or terminate client's account. Further, Enterhost reserves the
right to pursue civil remedies for any costs associated with the investigation of
a substantiated policy violation. Enterhost will notify law enforcement officials
if the violation is believed to be a criminal offense.
Violation of Enterhost's SPAM policy may be reported to
IP Address Overlap
The client cannot use IP addresses which were not assigned to them by Enterhost
staff. Any server found using IPs which were not officially assigned will be suspended
from network access until such time as the IP addresses overlap can be corrected.
Each account offered and supported by Enterhost comes with its own cgi-bin. You
are free to use any CGI scripts you wish, however we reserve the right to disable
any CGI script that affects normal server operation without prior notice.
We currently do not allow IRC or IRC bots to be operated on our servers.
The client understands that the client is responsible for paying for any network
resources that are used to connect the client's server to the Internet. The client
may request that the client's server be disconnected from the Internet, but the
client will still be responsible for paying for any network resources used up to
the point of suspension or cancellation.
All accounts are set up on a pre-pay basis. Setup fees are charges for all new accounts
and major account changes and are non-refundable. All pricing is guaranteed for
the term of pre-payment. Enterhost reserves the right to change prices at any time,
unless other terms have been agreed upon. Any account not brought current within
a month (30 days) of the invoice due date or exceeding this time frame in any way
is subject to suspension. The Client is responsible for all money owed on the account
from the time it was established to the time that the Client notifies Enterhost
in writing for a request for termination of services. All payment is in U.S. currency.
Enterhost reserves the right to suspend network access to any client if, in the
judgment of Enterhost, the client's server is the source or target of the violation
of any of the other terms of the AUPs or for any other reason which Enterhost chooses.
If inappropriate activity is detected, all accounts of the Client in question will
be deactivated until an investigation is complete. Prior notification to the Client
is not assured. In extreme cases, law enforcement will be contacted regarding the
activity. The client will not be credited for the time the client's machines were
suspended. The Client will be credited on a prorated basis based on the monthly
fees the Client pays for the servers that are suspended for the time the Client's
machines were suspended.
Enterhost reserves the right to cancel service at any time. If inappropriate activity
is detected, all accounts of the client in question will be deactivated until an
investigation is complete. Prior notification to the Client is not assured. In extreme
cases, law enforcement will be contacted regarding the activity. All fees paid in
advance of cancellation will be prorated and paid by Enterhost if Enterhost institutes
its right of cancellation. Any violation of policies which results in extra costs
will be billed to the client (i.e. transfer, space etc.).
Enterhost wishes to emphasize that in agreeing to the AUP, the client indemnifies
Enterhost for any violation of the AUP or its equivalent, that results in loss to
Enterhost or the bringing of any claim against Enterhost by any third-party. This
means that if Enterhost is sued because of a client's or a customer of a client's
activity, the client will pay any damages awarded against Enterhost, plus costs
and reasonable attorney's fees.
Disclaimer of Responsibility
Enterhost is under no duty to look at each client's or user's activities to determine
if a violation of the AUPs has occurred, nor do we assume any responsibility through
our AUPs to monitor or police Internet-related activities. Enterhost disclaims any
responsibility for any such inappropriate use and any liability to any person or
party for any other person's or party's violation of this policy.
All websites and dedicated servers of Enterhost must adhere to the above policies.
Failure to follow any term or condition will be grounds for immediate Cancellation.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND ACTUAL OR ATTEMPTED VIOLATIONS
BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THESE AUPs BY