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This Dubai-Hosting.com Acceptable
Use Policy/Terms of Service ("AUP/TOS") describe the
proper kinds of conduct and prohibited uses of
Dubai-Hosting.com's hosting services (the
"Services"). This AUP is not exhaustive and Dubai-Hosting.com
reserves the right to modify this AUP at any time,
effective upon posting of the modified AUP at
Acceptable Use Policy / Terms of Service. By
registering for and using the Services, and thereby
accepting the terms and conditions of this AUP, you
agree to abide by these conditions as modified from
time to time. Any violation of the AUP may result in
the suspension or termination of your account or
such other action as Dubai-Hosting.com deems
appropriate.
IMPORTANT NOTE - Dubai-Hosting.com
has the right to discontinue service, or deny access
to anyone who violates our Policies or the terms and
conditions shown below WITHOUT WARNING OR PRIOR
NOTICE. No refunds or fees paid will be made if
account termination is due to violation of the terms
outlined below.
Shared Server Abuse
Any attempt to undermine or cause harm to a server,
or customer, of Dubai-Hosting.com is strictly
prohibited.
Unauthorized use of other
people's accounts or computers Dubai-Hosting.com
will strongly react to any use or attempted use of
an Internet account or computer without the owner's
authorization. Such attempts include "Internet
scamming" (tricking other people into releasing
their passwords), password robbery, security hole
scanning etc.
Any unauthorized use of accounts
or computers by a Dubai-Hosting.com customer,
whether or not the attacked account or computer
belongs to Dubai-Hosting.com, will result in action
against the attacker. Possible actions include
warnings, account suspension or cancellation, and
civil or criminal legal action, depending on the
seriousness of the attack.
Customers may not run IRC, bots
or clients on shared servers. Unacceptable uses also
include, but are NOT limited to: Bulk emailing,
unsolicited emailings, newsgroup spamming,
pornographic content, illegal content, copyright
infringement, trademark infringement, warez, cracks,
software serial numbers, and/or anything else
determined by Dubai-Hosting.com to be unacceptable
use of Dubai-Hosting.com's services including abuse
of server resources.
All hosting accounts may be
terminated that include the following content or
which have links to the following content:
Providing material that is
grossly offensive to the Web community including
blatant expressions of bigotry, racism or hatred.
Promoting or providing
instructional information about illegal activities,
or promoting physical harm or injury against any
group or individual.
Displaying material that exploits
children under 18 years of age.
Acts of copyright infringement
including offering pirated computer programs or
links to such programs, information used to
circumvent manufacturer-installed copy-protect
devices, including serial or registration numbers
for software programs, or any type of cracker
utilities.
Distributing information
regarding the creation of and sending Internet
viruses, worms, Trojan horses, pinging, flooding,
mailbombing, or denial of service attacks. Also,
activities that disrupt the use of or interfere with
the ability of others to effectively use the network
or any connected network, system, service, or
equipment.
Advertising, transmitting, or
otherwise making available any software, program,
product, or service that is designed to violate this
AUP, which includes the facilitation of the means to
spam, initiation of pinging, flooding, mailbombing,
denial of service attacks, and piracy of software.
Any account that is deactivated by the abuse team
will be charged the reactivation fees.
This fee will only be waived if
it is determined by the abuse team that the account
was disabled without cause.
Abuse of Unlimited Traffic
Dubai-Hosting.com's customers are privileged to be
offered unlimited traffic for their websites. The
intention of Dubai-Hosting.com is to provide a large
space to serve web documents, not an off site
storage area for electronic files. All (90%) of your
web pages (html) must be 'linked' with files (.GIF,
.JPEG, etc.) stored on Dubai-Hosting.com's server.
Websites that are found to contain either/or no html
documents, a large number of unlinked files are
subject to warning, suspension or cancellation at
the discretion of Dubai-Hosting.com management. Any
customer who violates Dubai-Hosting.com's Policies
in abusing either space/site transfer will be
notified and given 2 days to remedy the problem. If
the problem is not resolved within the allotted
period, the client will be billed for the overages.
To maintain the integrity of our
shared hosting service the following limitations
apply:
-
Sites with banners, graphics
or cgi scripts running from their domain used on
other domains.
-
Sites with picture galleries
(This is any site where 50% of the files
transferred is graphics).
-
Sites offering download files
or archives (This is any site where 50% or more
of there monthly traffic is from file
downloads).
-
Sites running multimedia
files (QuickTime, Real Audio, Real Video, MP3).
-
Sites acting as document
repositories or document storage/backup
services.
For those that do not qualify for
the unlimited service, normal data transfer cost of
will be billed to your account.
Dubai-Hosting.com will be the
sole arbiter as to what constitutes a violation of
this provision.
Unsolicited Email (Spam)
Unsolicited commercial advertisements (spam) are not
allowed in e-mail, and will likely result in account
cancellation.
Dubai-Hosting.com takes a
zero-tolerance approach to spam originating from our
servers or for spam advertising of domains hosted on
our servers.
The following activities are
not allowed:
Unsolicited bulk or commercial
messages ("spam"). This includes, but is not limited
to, bulk mailing of commercial advertising,
informational announcements, charity requests,
petitions for signatures, and political or religious
tracts. Such messages may only be sent to those who
have explicitly requested it from your domain.
Forging, altering or removing
electronic mail headers is prohibited. Any domain
sending stealth spam will be terminated without
warning and without refund.
Sending numerous copies of the
same or substantially similar message with the
intent to disrupt a server or account ("mail
bombing").
Spamming Newsgroups: Commercial
advertisements are unwelcome in most Usenet
discussion groups and on most e-mail mailing lists.
Inappropriate posting may result in account
cancellation. See the newsgroup or mailing list's
charter for whether advertising is allowed or not.
"Spamming," or sending a message to many different
off-topic newsgroups, is particularly unethical and
will be treated as such.
Mail may not be used to harass or
intimidate others. Harassment, whether through
language, frequency of messages, or size of
messages, is prohibited. Sending a single unwelcome
message may be considered harassment. If a recipient
asks to stop receiving e-mail, you must not send
that person any further messages.
Providing spamware (software used
to send bulk email or software used to harvest email
addresses) or links to sites providing spamware is
strictly prohibited and subject to demand for
removal or account cancellation.
Note: If you use the services of
another provider (including but not limited to the
use of address lists obtained from a third party
vendor or provider) to promote a website hosted by
or through Dubai-Hosting.com (spamvertising), then
the provisions of the above Policy shall apply as if
the spam were sent through our servers.
Penalty: Depending on the
severity of your SPAMMING, Dubai-Hosting.com
reserves the right to charge you PER SPAM sent
through our network. Your website content will also
be confiscated and it will be NEVER returned to you.
Server Resource Abuse
Shared server accounts are limited in use of the
amount of server resources. Shared server resource
abuse includes any process or service usage that
affects normal shared server operation, resources or
connectivity, and which causes a server to become
overloaded. Shared server resources include CPU and
memory usage, number of concurrent processes, number
of concurrent port or database connections and total
bandwidth. Possible causes of server resource abuse
include, but are not limited to, the use of: CGI,
Perl, Sendmail, mySQL, MSSQL, PHP, ASP, COLDFUSION,
HTTP, SMTP, POP3 and FTP. If server resource abuse
is detected, possible actions include, but are not
limited to: disabling of the offending script or
scripts, disabling of the specific service,
disabling of the entire account or account
cancellation. If server overload is a result of
server resource abuse, these actions will be taken
without prior notice or warning.
Child Pornography
Our policy on child pornography is zero tolerance.
Dubai-Hosting.com will cooperate fully with any
criminal investigation into a Customer's violation
of the Child Protection Act of 1984 concerning child
pornography. Customers are ultimately responsible
for the actions of their clients over the Dubai-Hosting.com
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
years.
Abuse of SMTP Mail Server
We do not allow clients to send more than 2000
pieces of e-mail per day from a shared hosting
account. If you do send more than 2000 pieces of
e-mail per day, your account will be placed on hold
for Network Abuse. If you are sending legitimate
e-mails and they total more than 2000 per day your
account will be moved to a special server that is
specifically designed to handle high volumes of
e-mail. You will be charged in addition to your
regular hosting charges if your account is moved to
this server. Please contact noc@Dubai-Hosting.com to
have your domain moved.
Background Running Programs
We may allow programs to run continually in the
background. These are considered on a one-to-one
basis and an extra charge will be incurred based on
system resources used and operational maintenance
needed. (this section does not apply to managed
dedicated servers)
IRC
We currently do not allow IRC IRC clients or IRC
bots to be operated on any of our servers. In
addition, IRC servers are not permitted on our
network. Anyone found to be in violation of this
policy risks immediate account termination.
Current Contact Information
Current customers must provide Dubai-Hosting.com
with, and keep current and up to date, good contact
information including full address, email, phone,
and fax numbers. Dubai-Hosting.com uses contact
information to reach customers during network
emergencies, server downtime, maintenance windows
and in case there are billing issues with your
account. Failure to keep contact information up to
date could lead to temporary account suspension
until the information is updated.
Window 2000/2003 Based
Dedicated Servers
Subscribers are prohibited from allowing more
than five (5) authenticated users of the Microsoft
Windows Server Operating Systems under Microsoft
licensing terms and could create liability issues
with Microsoft Corporation if violated.
Customer agrees not to remove,
modify or obscure any copyright, trademark or other
proprietary rights notices that appear on Software
Products or that appear during the use of Software
Products. Customer further agrees not to reverse
engineer, decompile, or disassemble the Software
Products.
Dubai-Hosting.com may provide you
access to other third party software and/or services
("Third Party Products ") through reseller
relationships Dubai-Hosting.com has established with
certain commercial software and licensing vendors,
including without limitation, Microsoft Corporation
("Third Party Vendors"). Unless otherwise notified,
Customer understands that product support for Third
Party Products is provided by Dubai-Hosting.com and
not by the Third Party Vendor. Neither Dubai-Hosting.com
nor any Third Party Vendor makes any representations
or warranties, express or implied, regarding any
Third Party Products. Customer expressly
acknowledges and agrees that use of third party
products is at customer's sole risk and such third
party products are provided "as is" and without
representation or warranty of any kind from Dubai-Hosting.com
or any third party vendor, including without
limitation, any implied warranty of merchantability,
fitness for a particular purpose, accuracy or
completeness of responses or results, correspondence
to description, or non-infringement of third party
rights.
To the maximum extent permitted
by applicable law, neither Dubai-Hosting.com nor any
third party vendor will be legally responsible for
any damages, whether direct, indirect, or
consequential, arising from the use or inability to
use any third party product. Customer agrees to
observe the terms of any license and/or applicable
end user subscriber agreement for third party
products and that customer shall be fully liable to
third party vendors and Dubai-Hosting.com with
respect to any improper use of such third party
products or violation of license agreements with
them and/or applicable end user subscriber
agreements.
Payment Policies
All accounts are set up on a pre-pay basis.
Setup fees are charged for all new accounts and
major account changes and are non-refundable. All
pricing is guaranteed for the term of pre-payment.
Dubai-Hosting.com reserves the right to change
prices at any time, unless other terms have been
agreed upon. Credit card accounts are subject to
login deactivation upon the card declining for
charges within 48 hours of email notification. Any
account not brought current within a week (7 days)
of e-mail notice or exceeding this time frame in any
way is subject to complete account deactivation.
Dubai-Hosting.com accepts paper
checks, as well as credit cards, wire transfers,
money orders, cashiers checks and cash from
customers for payment of web hosting services and
fees associated with your account. However, there
will be a $5.00/month processing fee for each
customer paying by paper check and a $50/transaction
fee for customers paying by wire transfer (no
additional fee for credit cards, money orders,
cashiers checks and cash). Additionally, if you
decide to switch your payment method of billing
cycle you will be charged a $10 processing fee for
that change.
Cancellation
Dubai-Hosting.com reserves the right to cancel
service at any time. All fees paid in advance of
cancellation will be pro-rated and paid by Dubai-Hosting.com
if Dubai-Hosting.com institutes its right of
cancellation. Any violation of policies which
results in extra costs will be billed to the
customer (i.e. transfer, space etc.)
Liability and Obligations on
Cancellation
If the Agreement expires or is cancelled for any
reason, Dubai-Hosting.com is not liable to you
because of the expiration or cancellation for
compensation, reimbursement or damages on account of
the loss of prospective profits, anticipated sales,
goodwill or on account of expenditures, investments,
leases or commitments in connection with your
business, or for any other reason whatsoever flowing
from the termination or expiration. If you terminate
this Agreement, Dubai-Hosting.com will not relieve
you of any obligations to pay fees and costs accrued
before the termination date or any other amounts you
owe to Dubai-Hosting.com under this Agreement.
IP Address Overlap
Dubai-Hosting.com administers the network on which
customer servers reside. The customer cannot use IP
addresses which were not assigned to them by Dubai-Hosting.com
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.
Material and Product
Requirements
You must ensure that all material and data placed on
Dubai-Hosting.com's equipment is in a condition that
is "server-ready," which is in a form requiring no
additional manipulation by Dubai-Hosting.com. Dubai-Hosting.com
will make no effort to validate any of this
information for content, correctness or usability.
If your material is not "server-ready", Dubai-Hosting.com
may reject this material. Dubai-Hosting.com will
notify you of its refusal of the material and afford
you the opportunity to modify the material to
satisfy Dubai-Hosting.com's requirements. Use of the
Services requires a certain level of knowledge in
the use of Internet languages, protocols and
software. This level of knowledge varies depending
on the anticipated use and desired content of your
website. You must have the necessary knowledge to
create and maintain a website. Dubai-Hosting.com
does not provide this knowledge or customer support
outside of the Services.
Network Security
Customers may not use the Dubai-Hosting.com
network with an attempt to circumvent user
authentication or security of any host, network, or
account. This includes, but is not limited to:
-
accessing data not intended
for the customer logging into a server or
account the customer is not expressly authorized
to access
-
password cracking
-
forging any TCP/IP packet
header or any part of the header information in
any e-mail or newsgroup posting
-
attempting to probe, scan or
test the vulnerability of a system or network or
to breach security or authentication measures
without proper authorization
-
probing the security of other
networks in search of weakness or violation of
any other organization's security policy
Customers may not attempt to
interfere or deny service to any user, host, or
network. This includes, but is not limited to:
or other deliberate attempts to
overload or crash a host or network.
Dubai-Hosting.com will cooperate
fully with investigations of violations of systems
or network security at other sites, including
cooperating with law enforcement authorities in the
investigation of suspected criminal violations.
Users who violate system or network security may
incur criminal or civil liability. You are solely
responsible for any security breaches affecting
servers or accounts under your control. If your
server or website is responsible for or involved in
an attack on or unauthorized access into another
server or system, Dubai-Hosting.com will shut it
down immediately. You will pay any charges resulting
from the cost to correct security breaches affecting
Dubai-Hosting.com or any of its other customers.
Shared Hosting
Account/Dedicated Server Security
You are responsible for any misuse of your account,
even if the inappropriate activity was committed by
a friend, family member, guest or employee.
Therefore, you must take steps to ensure that others
do not gain unauthorized access to your account. In
addition, you may not use your account to breach
security of another account or attempt to gain
unauthorized access to another network or server.
Your password provides access to
your account. It is your responsibility to keep your
password secure.
Sharing your password and account
access with unauthorized users is prohibited. You
should take care to prevent others from using your
account since you will be held responsible for such
use.
Attempting to obtain another
user's account password is strictly prohibited, and
may result in termination of service.
You must adopt adequate security
measures to prevent or minimize unauthorized use of
your account.
You may not attempt to circumvent
user authentication or security of any host, network
or account. This includes, but is not limited to,
accessing data not intended for you, logging into or
making use of a server or account you are not
expressly authorized to access, or probing the
security of other networks. Use or distribution of
tools designed for compromising security is
prohibited. Examples of these tools include, but are
not limited to, password guessing programs, cracking
tools or network probing tools.
You may not attempt to interfere
with service to any user, host or network ("denial
of service attacks"). This includes, but is not
limited to, "flooding" of networks, deliberate
attempts to overload a service, and attempts to
"crash" a host.
Customers who violate systems or
network security may incur criminal or civil
liability. Dubai-Hosting.com will cooperate fully
with investigations of violations of systems or
network security at other sites, including
cooperating with law enforcement authorities in the
investigation of suspected criminal violations.
Electronic Commerce
You will be solely responsible for the development,
operation and maintenance of your online store and
products and all contents and materials appearing
online or on your products, including without
limitation (a) the accuracy and appropriateness of
content and materials appearing within the store or
related to your products, (b) ensuring that the
content and materials appearing within the store or
related to your products do not violate or infringe
upon the rights of any third party, and (c) ensuring
that the content and materials appearing within the
store or related to your products are not libelous
or otherwise illegal. You will be solely responsible
for the final calculation and application of
shipping and sales tax. You will also be solely
responsible for accepting, processing, and filling
any customer orders, and for handling any customer
inquiries or complaints arising there from.
You are also responsible for the
security of any customer credit card numbers and
related customer information you may access as a
result of conducting electronic commerce
transactions through your website. You will keep all
such information confidential and will use the same
degree of care and security as you use with your
confidential information.
Static/Dynamic Content Caching
You expressly (i) grant to Dubai-Hosting.com a
license to cache the entirety of your website,
including content supplied by third parties, hosted
by Dubai-Hosting.com under this Agreement and (ii)
agree that such caching is not an infringement of
any of your intellectual property rights or any
third party's intellectual property rights.
IP Address Ownership
Dubai-Hosting.com shall maintain and control
ownership of all IP numbers and addresses that may
be assigned to you by Dubai-Hosting.com and Dubai-Hosting.com
reserves, in its sole discretion, the right to
change or remove any and all such IP numbers and
addresses.
Copyright Infringement
DIGITAL MILLENNIUM COPYRIGHT ACT
Notice and Procedure for Making
Claims of Copyright Infringement
NOTE: THE FOLLOWING INFORMATION
IS PROVIDED SOLELY FOR NOTIFYING Dubai-Hosting.com
THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN
INFRINGED.
WE CAUTION YOU THAT UNDER FEDERAL
LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE
MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY
CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES,
COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY
ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S
LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING
UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT
TO CRIMINAL PROSECUTION FOR PERJURY.
DO NOT SEND ANY INQUIRIES
UNRELATED TO COPYRIGHT INFRINGEMENT (e.g. REQUESTS
FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE,
REPORTS OF E-MAIL ABUSE, etc.) TO THE CONTACT LISTED
BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO
THAT CONTACT.
Written notification must be
submitted to the following Designated Agent:
Dubai-Hosting.com
Legal Department
P.O.Box.118326
Deira, dubai
Fax: +971 4 22 82 602
copyright@Dubai-Hosting.com
Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY,
SAVE AND HOLD Dubai-Hosting.com HARMLESS FROM ANY
AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND
CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES
ASSERTED AGAINST Dubai-Hosting.com, ITS AGENTS, ITS
CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR
RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR
AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY
CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS.
CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD
HARMLESS Dubai-Hosting.com AGAINST LIABILITIES
ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY
CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED
IN CONNECTION WITH Dubai-Hosting.com'S SERVER; (2)
ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR
ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A
THIRD PARTY; (3) COPYRIGHT INFRINGEMENT AND (4) ANY
DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM Dubai-Hosting.com'S
SERVER.
Disclaimer
Dubai-Hosting.com WILL NOT BE RESPONSIBLE FOR ANY
DAMAGES YOUR BUSINESS MAY SUFFER. Dubai-Hosting.com
MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR
IMPLIED FOR SERVICES WE PROVIDE. Dubai-Hosting.com
DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA
RESULTING FROM DELAYS, NON-DELIVERIES, WRONG
DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS
CAUSED BY Dubai-Hosting.com AND ITS EMPLOYEES.
Dubai-Hosting.com RESERVES THE RIGHT TO REVISE ITS
POLICIES AT ANY TIME.
CUSTOMER SHALL NOT TRANSFER OR
ASSIGN THIS AGREEMENT WITHOUT THE PRIOR WRITTEN
CONSENT OF Dubai-Hosting.com. HOWEVER, Dubai-Hosting.com
MAY ASSIGN THE CUSTOMER'S CONTRACT, IN PART OR IN
WHOLE, AT ANYTIME WITHOUT CONSENT FROM OR NOTICE TO
THE CUSTOMER. Dubai-Hosting.com RESERVES RIGHT TO
CANCEL CUSTOMERS RIGHTS UNDER THIS CONTRACT AT
ANYTIME WITHOUT FURTHER OBLIGATION.
ALL SUB-NETWORKS, RESELLERS AND
DEDICATED SERVERS OF Dubai-Hosting.com MUST ADHERE
TO THE ABOVE POLICIES.
FAILURE TO FOLLOW ANY TERM OR
CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT
DEACTIVATION.
AUP/TOS Revisions
Dubai-Hosting.com RESERVES THE RIGHT TO REVISE,
AMEND, OR MODIFY THIS AUP/TOS AND ALL OF OUR OTHER
POLICIES AND AGREEMENTS AT ANY TIME AND IN ANY
MANNER. NOTICE OF ANY REVISION, AMENDMENT, OR
MODIFICATION WILL BE DEEMED WHEN THE NEW INFORMATION
IS POSTED WITHIN THIS DOCUMENT OR ANY OTHER ONLINE
AGREEMENTS. CUSTOMERS WILL NOT NECCESSARILY BE
NOTIFIED IN WRITING OF THESE CHANGES. PLEASE CHECK
THIS AND ALL OTHER Dubai-Hosting.com AGREEMENTS AND
DOCUMENTS FREQUENTLY FOR CHANGES. |
