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This AUP governs the use of HostKing's web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and HostKing regarding the interpretation of this AUP, HostKing's interpretation, in its reasonable commercial judgment, shall govern. HostKing may refuse to accept any customer or any website for participation in the HostKing hosting network as determined by HostKing at its sole discretion. Any material that in our judgment that is obscene or threatening is prohibited and will be removed from our servers with or without notice. Offensive ContentYou may not publish or transmit via HostKing's service any content that HostKing 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 HostKing
- is otherwise malicious, fraudulent, or may result in retaliation against HostKing by offended viewers.
Content "published or transmitted" via HostKing's service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by HostKing. Examples of unacceptable material IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, Escrow, High-Yield Interest Programs(HYIP), Bank Debentures, Bank Debenture Trading Programs, and Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, sites promoting illegal activities. Internet Relay Chat (IRC) Use of Internet Relay Chat on any of our servers is explicitly forbidden. This includes, but is not limited to, running any clients, bots, redirection services (proxys), or servers, of any kind. Security You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically. Bulk Commercial E-Mail You must obtain HostKing's advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to HostKing's 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 HostKing's 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 must have a Privacy Policy posted for each domain associated with the mailing;
- You otherwise comply with the CAN SPAM Act and other applicable law.
These policies apply to messages sent using your HostKing 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 HostKing service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers. HostKing 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. Unsolicited E-Mail You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it. You must comply with the rules of any other network you access or participate in using your HostKing's services. Material Protected by Copyright You may not 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;
HostKing will terminate the service of repeat copyright infringers. Other You must have valid and current information on file with your domain name registrar for any domain hosted on the HostKing network. Disclaimer HostKing 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 HostKing network. Internet Abuse You may not 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 HostKing 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, host or 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 scanning (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 HostKing's network and/or services.
- Use of HostKing's network and/or systems in a way that unreasonably interferes with HostKing's other customers use of the same resources.
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