Acceptable Use Policy (AUP)
The Mach4 Acceptable Use Policy (AUP) sets out the rules and guidelines for using our services. While this primarily focuses on website hosting, it applies to all services where applicable. The AUP is an integral part of the Mach4’s Master Services Agreement and individual Terms of Service (TOS).
1. General Agreement
By using any service provided by Mach4:
- You agree that you will not violate any applicable laws, regulations, ordinances, rules, or any requirements of any applicable Federal, State, national, or local government or any applicable regulator.
- You agree not to transmit any unsolicited commercial or bulk email. You will not engage in any activity known or considered to be spamming or Mail Bombing.
- You agree not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
- You agree not to make, attempt, or allow any unauthorized access to Mach4’s website, servers, your own hosting account, or the account of any other Customer of Mach4.
- You agree not to allow any remote code execution of malicious software through the hosting account provided by Mach4.
- You agree not to cause denial of service attacks, port scans, or other endangering and invasive procedures against Mach4 servers and facilities or the servers and facilities of other network hosts or Internet users.
- You agree not to forge the signature or other identifying mark or code of any other person or engage in any activity (including “spoofing”) to attempt to deceive other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames).
- You agree that you will not use the account provided by Mach4 for storing any data if it is copyrighted and you are not the owner of the copyright. This includes but is not limited to copyrighted music or video files, copyrighted software, etc.
2. Website Content
You agree that you will not use Mach4 services to host any website, other content, links, or advertisements of websites that:
- infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third-party information;
- offers image hosting scripts that allow an anonymous user to upload an image for display on another website (similar to Photobucket or Tinypic);
- offers banner ad services for display on other websites or devices (commercial banner ad rotation);
- hosts file dump/mirror scripts that allow an anonymous user to upload a file for others to download (similar to Rapidshare);
- serves commercial audio or video streaming (more than one or two streams);
- offers push-button mail scripts that allow the user to specify recipient email addresses;
- serves anonymous or bulk SMS gateways;
- stores or hosts backups of content from another computer or website;
- runs or uses any script that causes a degradation in the performance of our server or network environment;
- profess hatred for a particular social, ethnical, religious, or other group;
- contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person’s property;
- contain Illegal or Hacking/Phreaking Software (Warez);
- contain any software that is copyrighted and not freely available for distribution without cost. This includes, but is not limited to, ROMs, ROM Emulators, and Mpeg Layer 3 files (MP3);
- contain any kind of proxy server or other traffic relaying programs;
- promote Money Making Schemes, Multi-level Marketing, or similar activities;
- contain Torrent trackers, Torrent Portals, Brute Force, IP Scanners, Bitcoin Miners, or similar software;
- are with adult content, pornographic, obscene, unlawfully harassing, or connected with child abuse or sex-related merchandising;
- are violent or encouraging violence.
- or for any purpose similar to the above.
3. Zero Tolerance Spam Policy
We take a zero-tolerance stance against the sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists,” purchased lists, and selling lists will be treated as spam. We may terminate the account of any User who sends out spam with or without notice. Websites advertised via spam (Spamvertised) may not be hosted on our servers. This provision includes but is not limited to, spam sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any User account which results in our IP space being blacklisted will be immediately suspended and/or terminated without notice. Mach4 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.
4. Defamation Policy
Websites hosted on Mach4’s servers in the U.S. are regulated by U.S. law. Accordingly, pursuant to Section 230(c) of the Communications Decency Act, Mach4’s policy is not to remove allegedly defamatory material from websites hosted on our servers unless the material has been found to be defamatory by a court, as evidenced by a court order. As a web host, Mach4 is not a publisher of User content, and we are not in a position to investigate the veracity of individual defamation claims. We rely on the legal system and the courts to determine whether or not material is indeed defamatory. In any case in which a court order indicates that material is defamatory, libelous, or slanderous in nature, we will disable access to the material. Similarly, in any case, in which a U.S. court has placed an injunction against specified content or material being made available, we will comply and remove or disable access to the material in question.
Mach4 cannot and shall not provide legal advice referring to the contents of your account and its performance. All information, articles, tutorials, and tech support advice are provided in good faith and do not constitute official requirements, regulations or statements. You shall be solely responsible for verifying whether the content of your account complies with any specific legal act or provision. Mach4 shall not be liable in the event that any part of your account violates any law or regulation.
By using our services, you also agree not to engage in or to instigate actions that cause harm to Mach4 or other Mach4 customers. It is your responsibility to ensure that your hosting account will not be used to, engage in or to instigate actions that cause harm to Mach4 or other Mach4 customers. Such actions include but are not limited to, actions resulting in blacklisting any Mach4 IPs by any online spam database, actions resulting in DOS attacks for any Mach4 server, etc.
You acknowledge and agree that Mach4 has the sole right to decide what constitutes a violation of the AUP as well as what is the appropriate severity of any corrective action to be applied. If any part of your account is found to violate the AUP, we may take immediate corrective action without prior warning, including require changes (if you are managing your own account), immediate account suspension, deletion of content from your account or account termination with no refund. Mach4 shall not be liable for any loss or damage arising from our measures taken against actions causing harm to Mach4 or any other third party.
We reserve the right to terminate any hosting account that has been suspended for violation of the AUP or the TOS. Backup copies may not be available for terminated accounts.
You understand and agree that in the event your account is suspended for violation of the AUP, we may ask for a re-activation fee ($60.00) in addition to any fees incurred for time spent correcting the problem.