1 Preamble
This Acceptable Use Policy (AUP) governs your use of products and services provided by creativeON, or any of third parties that subscribed to or obtained the creativeON services. This Acceptable Use Policy (AUP) makes part of each contract creativeON or any of such third parties enters with the Subscriber (The User) of such Services. This AUP is incorporated by reference into creativeON Terms of Service and holds the meanings as provided into the Terms of Service.
The purpose of this Acceptable Use Policy (AUP) is to enhance the quality of the Services provided by creativeON and to protect the subscribers of our services and internet community as a whole, from any disruptive, illegal and irresponsible internet activities. This AUP applies to every subscriber of our services.
creativeON reserves the right to change, or modify this AUP without prior notice to the Users. This AUP is applicable to creativeON website and creativeON services for the reason that any person who utilizes the website or services of CreativeON albeit of the fact that user is a subscriber, may take any action utilizing the website of CreativeON Web Hosting that a subscriber would be prohibited to take utilizing the Services.
The Services provided by creativeON may only be used for lawful purposes. You agree to comply with all applicable laws, rules and regulations in connection with your use of these Services. We reserve the right to refuse service to anyone, anytime. We reserve the right to remove, or disable any material that we find in violation of this AUP in any manner without prior notice.
Your failure in response of an email from the creativeON abuse department within the specified time limit may result in suspension or termination of our Services.
2 Prohibited Uses
CreativeON prohibits the use of its Services for the activities set forth in this section. If a subscriber or any affiliate or subscriber of subscriber as we determine in our sole discretion constitutes a material breach of this AUP, will be subject to immediate termination of account without any prior notice and without any refund.
2.1 Infringement of Intellectual Property Rights
- The AUP prohibits the use of the Services to infringe upon anther party’s intellectual property rights. This includes but not limited to unauthorized copy, distribution, and publishing of movies, software, photographs, and books or any other copyrighted work. Any account found to be infringing on the intellectual property rights of others will be expeditiously removed or access to the material will be disabled. Sale or an offer to sell counterfeit merchandise will result in immediate termination of your account. The repeated violation of these prohibitions will result in suspension or termination of account. CreativeON reserve the right not to offer its Services to such persons/businesses/institutions in future.
- If you believe that your intellectual property rights are infringed upon, please email us at [email protected]. We follow the Digital Millennium Copyright Act (DMCA) notice and takedown procedures for copyright infringement claims.
2.2 Use of Shared Account as a Backup/Storage Device
You are prohibited to use a shared hosting account as backup/storage device. You can have one CPanel backup of the same account. Your taking backup of backups is prohibited.
3 Unacceptable Materials
3.1 The following without limitations is considered an unacceptable material on creativeON servers;
- Topsites IRC Scripts/Bots IRCD (IRC Servers) Proxy Scripts/Anonymizers
- Image Hosting Scripts Autosurf/PTC/PTS/PPC sites Mail Bombers/Spam Scripts
- Banner Ad Services File Dump/Mirror Scripts Commercial Audio Streaming
- Escrow/Bank Debentures High-Yield Interest Programs Investment Sites
- Sale of Controlled Substances Prime Banks Programs Lottery/Gambling Sites
- MUDs/PBBGs/RPGs Hacker focused sites Sites promoting illegal activities
- Forums of illegal content Bank Debentures Fraudulent Sites Mailer Pro
- Push Button mail scripts Broadcasting of live sporting event streams Tell a Friend Script
- Bulk SMS Gateways Bitcoin Miners Payday Loan Sites
3.2 Pornography
Any kind of material that is determined potentially harmful to minors is strictly prohibited including any content that could be perceived child pornography. Any such website that hosts child pornography or links to child pornography will be suspended immediately without any notice.
3.3 Other Prohibited Content
If we find any material being obscene, threatening and illegal, we may remove this material from our servers without prior notice. Any other content found in violation of our Terms of Service or AUP in any manner will be immediately removed from servers.
4 Unacceptable Resource Usage
4.1 You are not allowed to;
- Use twenty-five percent (25%) or more of our system resources for more than ninety (90) seconds at any point of time. Activities that could cause this excessive use including but not limited to CGI Scripts, FTP, PHP, HTTP etc.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
- Participate in any file-sharing/peer-to-peer activities
- Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
- Run cron entries with intervals of less than fifteen (15) minutes.
- Run any MySQL queries longer than fifteen (15) seconds. MySQL tables should be indexed appropriately.
5 Resources Limits
5.1 Diskspace Usage for Windows
You are allowed to use 40% of allocated diskspace for emails and 60% for web pages, databases and logs. In the virtual world, there are situations when hosting panels/servers cannot monitor and enforce this limit. In such case users must comply with the allocated diskspace usage for windows when informed by creativeON. The maximum email diskspace usage should not exceed 2GB on any shared hosting account.
5.2 Use of Budget Hosting for Business
Budget and Portal packages are designed for hobbyists/ freelancers and are sold on subsidized prices. Using budget or portal packages for business purposes is not permitted. Any account found in violation of the terms will be terminated on one week notice to registered email address. Shared hosting packages carry the following resource limit;
5.2.1 Budget Packages
- Memory usage must not exceed 10% per domain/file/application
- CPU usage must not exceed 15% per domain/file/application
- Apache connections may not exceed the limit of 15 connections
- Maximum user connection allowed for MySQL limits to 15
- Emails allowed on per hour per domain basis are 100
- Maximum allowed INODES are 100, 000
- Maximum file size allowed is 10MB
- One backup file is allowed for maximum 500 MB
5.2.2 Portal/Ultimate Packages
- Memory usage must not exceed 10% per domain/file/application
- CPU usage must not exceed 15% per domain/file/application
- Apache connections may not exceed the limit of 25 connections
- Maximum user connection allowed for MySQL limits to 15
- Emails allowed on per hour per domain basis are 100
- Maximum allowed INODES are 300, 000
- Maximum file size allowed is 20MB
- One backup file is allowed for maximum 1000 MB
Note: Portal/Ultimate Packages are meant to run portals and should not be used for as extensive email activity and for company/business websites and reselling.
5.2.3 Business Packages
- Memory usage must not exceed 10% per domain/file/application
- CPU usage must not exceed 15% per domain/file/application
- Apache connections may not exceed the limit of 30 connections
- Maximum user connection allowed for MySQL limits to 30
- Emails allowed on per hour per domain basis are 350
- Maximum allowed INODES are 300, 000
5.2.4 INODES
All shared hosting account may not use an excessive number of inodes. Any account found to have over 100,000 inodes may be removed from our backup system to prevent overload.
Note: Every file (a webpage, image file, email, etc) on your account uses up 1 inode.
5.2.5 Cloud Hosting & Unlimited/No-limit Packages
Our unlimited services must not be sued in such a way that use of a single or few subscribers unfairly or adversely impact the user experience for other subscribers. Following terms and conditions apply for cloud hosting and unlimited packages;
- mp3s, audios, videos, anime, .rar files, Warez files are not allowed
- Gamer sites, shout count and similar, picture uploads, file sharing and picture sharing is not allowed
- The accounts cannot be used for general storage of any kind
- The accounts cannot be used for email storage
- The accounts cannot be used for upload or download portals of any kind
- The selling of ebooks and other downloadable material is not allowed (we may allow this facility within reason)
- The accounts cannot be uses as a distribution point for any kind of files and data
- The accounts may not be used for HYIP (High Yield Investment Programs), Ponzi Schemes, or Pyramid Schemes
- These packages are for hosting web pages and web graphics and not for downloading or streaming media. Any files that are not viewable in web browsers are considered downloads. The web graphic size may not exceed 1500KB limit.
- Proxy servers are not allowed
- All files hosted must be directly linked to webpages and accessible from internet for everyone
- Maximum Inodes allowed are 200,000 and maximum disksapce 20GB
- Offering free hosting is not allowed
- Hosting a torrent is not allowed
- Reselling is not allowed
6 Zero Tolerance Spam Policy
- CreativeON observes a zero tolerance policy against the sending of unsolicited emails, bulk emailing, and spam. Safe lists, purchases lists, and selling of lists are considered a spam. We reserve the right to terminate the account of any Users who sends out spam with or without notice.
- We may not host websites advertised via spam commonly known as spamvertised may not be hosted on CreativeON servers. This provision includes, but is not limited to, spam sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. Any User account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
- CreativeON reserves the right to require changes or disable as necessary, any website, account, database, or other component that does not comply with our policies, or to make any such modifications in an emergency that we deem necessary at our sole discretion.
- CreativeON reserves the right to charge the holder of the account used to send any unsolicited e-mail a ‘cleanup fee’ or any charges incurred for blacklist removal at our sole discretion.
7 Defamation Policy
Under the Communication Decency Act (Section 230 (c), CreativeON does not remove allegedly defamatory material from websites that are hosted on our servers. We will remove the material found defamatory by a court of law as evidenced by a court order. We are not publishers of the user content and we are unable to investigate the veracity of individual defamation claims. We however do rely on the court of laws to determine whether any material is defamatory. If a court of law determines that a certain material is defamatory, libelous and or slanderous, we will immediately disable access to the material. We will also remove or disable specified content under court of law injunctions.
8 AUP Violations
8.1 Resellers
If any of our resellers’ clients violates this AUP, we will suspend the client’s website by notifying the reseller that reseller can terminate the specified account. We may but not obligated to monitor the account or website for AUP violations. We may terminate your reseller account on occurrence of additional violations.
8.2 Direct Customers
CreativeON may terminate providing Services to its direct clients with or without any prior notice to the client upon any kind of violation of this AUP. We also reserve the right to report such violations to an appropriate law enforcement agency.
An Acceptable Use Policy (AUP) is a set of rules and conditions systematized by a network, system or a website owner that define and restrict the ways in which the network, system or website may be utilized.
9 Dedicated Servers
This AUP of creativeON is aimed at explicitly outlining the purposes for which customers CANNOT use dedicated servers provided by creativeON.com
This Acceptable Use Policy (AUP) is accepted as part of the Dedicated Terms of Service each user agrees to abide by when signing up for a Dedicated server account.
We at creativeON, shall be the final part to determine whether an act constitutes a violation of this AUP and misuse of our services. We reserve our right to respond accordingly and immediately terminate the provision of the services, shall we become aware, and/or have sufficient evidence, of any prohibited conduct outlined in this AUP. We shall be the sole arbiter in determining the sufficiency of the present evidence.
10 COMPLIANCE WITH LAW
The Customer shall not post, transmit, re-transmit or store material on or through any of the Services or Products which, in the sole judgment of the Company (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”) or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by the Customer. The Customer shall be responsible for determining what laws or regulations are applicable to the use of the Services and Products.
11 CUSTOMER SECURITY OBLIGATION
It is customer responsibility to take care of servers security. If a server is used for any lawful purpose even without customers knowledge, the responsibility falls on the customer. If a security breach occurs resulting in network attack, network downtime, the administration time to resolve it is currently charged at $100.00 USD per hour.
Examples include, but are not limited to the following:
Unauthorized access, use, probe, or scan of network, authentication measures, data or traffic. Interference with the service to any user, host or network.
Such attempts include, but are not limited to the following:
a. ‘Internet scamming’ (tricking other people into releasing their passwords, etc.)
b. password robbery, security hole scanning,
c. running proxy – proxy lists and any kind of proxy scripts (including, but not limited to php proxy and nph proxy),
introducing of any computer programs (viruses, Trojan horses, trap doors, back doors, worms, time bombs, packet bombs, cancel bots, etc.) that are intended to negatively interfere with, intercept, irreversibly damage or take hold of any system, data or personal information.
12 EMAIL POLICIES
SPAMMING IS PROHIBITED. Users MAY NOT utilize our Dedicated server hosting services to transmit, distribute or deliver any unsolicited bulk or commercial messages over the Internet (an action known as “spam” or “spamming”).
If such e-mails are relayed through 3rd party (e-mail spoofing) and/or are promoting a domain hosted on our servers, this will lead to immediate account suspension.
If Customer actions have caused IP address ranges to be placed on black hole lists and other mail filtering software systems, the Customer will incur a $50 charge to the Customer’s account and $50 per hour for administrative charges to remove and protect mail servers and IP ranges.
Header Forgery: Forgery of email headers (‘spoofing’) is prohibited.
13 CORRECTIVE ACTIONS
We reserve our right to be the sole arbiter in determining the seriousness of each infringement and to immediately take corrective actions.
We will disable the customer’s Dedicated server hosting account if we deem necessary, at our sole discretion. Upon closing of the customer’s account we will send an e-mail notification to the customer, stating the reason for the termination and quoting our terms’ chapter that has been violated. The customer will be given an opportunity to respond and take measures to remedy the situation should he/she consider him/herself abused by a third party. Upon fulfilling of this obligation, we may re-activate the customer’s account, if we find, at our own discretion, sufficient evidence pro customer’s side.
Closed accounts due to repeated violations will not be re-activated.