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These Terms Apply To ALL ACCOUNTS AT ALL TIMES. Failure to Comply with these Terms may result in the Non-Refundable Closure of Account(s).

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Usage Policy

1. Security

Circumventing security measures or interference with the services of another user, host, or network is explicitly prohibited.

This includes, but is not limited to, denial of service attacks, password cracking, use of security exploits, or using resources not allocated to you.

Customers will be held liable for any activity on, against, or otherwise related to their server, even if the customer did not initiate that activity.

2. High-risk services

High-risk services, which are services which tend to attract denial of service attacks, are strictly prohibited. This includes, but is not limited to, IRC related services and selling of shell accounts.

3. Mandatory Security Updates

Elite Hosts, Inc reserves the right to issue 'Mandatory Security Updates'. These are updates that the customer must apply as quickly as possible.

If the customer does not apply them within a reasonable amount of time, to be determined by Elite Hosts, Inc, then Elite Hosts, Inc. will apply them for the customer at our standard hourly rate.

We only issue 'Mandatory Security Updates' when we find that an exploit is being so widely used, that it represents a threat to our network or the Internet in general.

4. Network Policies

Customers will be held liable for incorrect setting of netmasks, routes, or any other network configuration or programming issue which causes unnecessary broadcast or multicast traffic on our network, or denial of service, deliberate or not, caused by forging ARP queries or replies or by configuring IPs into their machine which were not assigned to their server.

Misconfiguration of network settings may result in disconnection of the server at fault from the network, and/or correction of the fault at the customer's risk and expense. Any loss of functionality caused by the attempted correction of the problem will be the customer's responsibility to solve.

IP allocation is governed by ARIN policy. Particularly, ARIN policy states that the use of IP addresses for IP based virtual hosts will not be accepted as justification for the allocation of new IP addresses. This means that you MUST use name based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use the IP addresses in violation.

To facilitate re-use of IP addresses, at the conclusion of a customer's contract, the customer is required to provide a copy of an authorized domain registrar (ie, Network Solutions/Verisign) records, showing that the customer's host name servers no longer are configured to use Elite Hosts-owned IP addresses. This document must be delivered to Elite Hosts, Inc within 10 days after the effective termination date. Failure to comply will result in fees for the continued use of the still-registered IP addresses.

5. Contact Information

Customers are responsible for maintaining their contact information in the ticketing system such that the email address is always reachable even in the event of their Elite Hosts, Inc servers being shut down.

6. Unsolicited Bulk Email, and Messaging -- SPAM.

Elite Hosts, Inc strongly believes that UCE/UBE degrades the usability of Internet mail services everywhere, and thus any spam or spam support services are expressly prohibited from using our network.

This includes supporting the beneficiaries of spam in any shape or form, including, but not limited to, hosting DNS, web sites, or email addresses related to spam.

Distribution of spam-related software is also strictly prohibited.

Mailing lists must be true opt-in mailing lists. Before sending any email to a listed user, a confirmation email, with a tracking number, must be sent to the new subscriber, to which they must respond with a confirmation that they wish to be added to the list. You must keep these confirmations on file, so that in the case that a spam complaint is made against you, you have proof that the user did indeed opt-in. In addition, you must provide at least one easy way to opt out; see the MAPS guidelines (http://mail-abuse.org/rbl/manage.html) for details. Opt-out requests must be honored immediately.

If your server is used to send any email at all, it must also conform to RFC1123; in particular, it must accept mail for 'postmaster' and must accept bounces (which have a FROM address of '<>').

7. General legal compliance

Customers are prohibited from using Elite Hosts, Inc's services in order to engage in any activities which are, in Elite Hosts, Inc's sole discretion, unlawful, threatening, abusive, libelous, or would constitute a criminal offense, give rise to civil liability, or otherwise violate the laws of any applicable jurisdiction.

8. Facilitating violations, attempted violations, and the 'spirit' of the AUP.

Any activities that would facilitate or promote activities which violate this AUP will be considered violations of this AUP. Attempted violations will be treated as if they succeeded.

It is not possible to enumerate all possible violations of our AUP. We expect our customers to comply with the spirit of this AUP, particularly the four points at the beginning of this document.

9. Indemnification

You agree to indemnify Elite Hosts, Inc for any liability and loss incurred as a result of activities that occur within resources allocated to you by Elite Hosts, Inc.

10. Email Storage

Customers may not store their read email on the servers for a period of more than seven (7) days. All email should be downloaded when it is received and erased from the server. Large email storage files cause high server loads and performance degradation.

11. Third Party Users

Any third party acting on your behalf must follow this AUP.

If you provide third parties with services, you must also present them with an AUP that complies with ours; you may also add your own policies if you desire, as long as they do not conflict with this AUP. In case of conflicts between AUPs, Elite Hosts, Inc's AUP will take precedence over customers' AUPs.

12. Audio/Video Streaming

Audio and video streaming is strictly prohibited on our network. Our bandwidth allowance is for email and web traffic only.

13. Other Uses

Elite Hosts, Inc does not allow customers to use its servers for any purpose other than serving webpages and email. Other uses including, but not limited to public or private upload or download services, speed test services and backup storage services are prohibited.

14. MySQL Databases

MySQL databases are limited to 2GB in size.

15. Chat/IRC

Chat applications, (be them web-based or IRC based) are strictly prohibited on our network.

16. Prohibited Content Spidering and mirroring applications are strictly prohibited on our network. Website and internet crawlers are prohibited on our network. Search engine drop pages and catch all search term pages are strictly prohibited on our network.

17. Proxy Services

Proxy services of any kind are strictly prohibited on our network.

18. Copyright Content

Storing of any material, files or information under copyright or trade protection is strictly prohibited. Elite Hosts, Inc reserves the right to search for and identify any copyright materials located on our servers.

19. Violation of this AUP.

In addition to the indemnification clause, Elite Hosts, Inc will take actions to enforce this AUP. We may, at our discretion 'black hole' IP space violating our AUP. We may, at our discretion, completely disconnect servers and networks which are violating our AUP. We may, at our discretion, accelerate any contracts we hold with the customer responsible for the violation of this AUP. We may, at our discretion, completely terminate any and all services we provide to the customer responsible for the violation of this AUP. Customer agrees to cover all costs incurred by Elite Hosts, Inc. as a result of AUP violations, and to additionally pay an administrative fee of $500 per violation, or $95 per hour for our time, whichever is greater.

20. Disclaimer

Elite Hosts, Inc reserves the right to discontinue service at any time for any reason.

You agree that Elite Hosts, Inc's responsibility for loss of data, delays, non-deliveries, wrong delivery, and any and all service interruptions shall be limited to credits described by the Service Level Agreement (SLA) included in your contract, and that the results of any invocation of any clause in this AUP shall not result in SLA credits.

If no Service Level Agreement is included in your contract, you agree that Elite Hosts, Inc has no liability.
   
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