Acceptable Use Policy

Acceptable Use Policy (AUP) [October 3rd, 2008]

This AUP governs the use of LayeredZone Web Hosting'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 LayeredZone Web Hosting regarding the interpretation of this AUP, LayeredZone Web Hosting's interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this AUP, contact abuse@layeredzone.com.

Table of Contents:
Offensive Content
Security
Bulk Commercial E-Mail
Unsolicited E-Mail
Material Protected by Copyright
Copyright Infringement Notice
Other
Disclaimer

1. Offensive Content. You may not publish or transmit via LayeredZone Web Hosting's service any content that LayeredZone Web Hosting reasonably believes:

constitutes child pornography;
constitutes pornography of any nature;
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 LayeredZone Web Hosting or
is otherwise malicious, fraudulent, or may result in retaliation against LayeredZone Web Hosting by offended viewers.

2. Security.

(a). You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.

(b). IRC networks are prohibited on our service. Any account hosting IRC bots/scripts or proxies will be terminated upon discovery, and will be subject to a one hundred ($100) dollar clean up fee.

(c). Hosting any type of phishing website is prohibited. Phishing website is defined as any website that collects personal information without the knowledge of other persons. Any account hosting a Phishing website will be terminated without any notice, and referred to the FBI with all logs for investigation.

(d). Proxy Scripts are prohibited on our service. They create large loads, and can be used to relay illegal activity, including site defacements. Accounts hosting proxies of any nature will be suspended upon discovery.

(e). Support Abuse. Any abuse of our support resources will result in a One Hundred ($100) dollar fee, and will result in account suspension. Please treat our staff in a respectful manner. This includes using foul language towards our staff members, bumping tickets, submitting more than one ticket for the same problem, or anything that may be deemed abusive by staff members.

(f). Shared/Reseller services are provided off shared servers. The server may not be excessively used by one user. Any account using excessive resources may be temporarily suspended with(out) notification. You may NOT use our service to run resource intensive scripts. Accounts constantly using excessive amounts of resources will be asked to upgrade to a dedicated server.

(g). It is prohibited to host any form of Virus, Trojan, Key logger or worm on our service, even if it is to be used for “educational” or “experimental” services. Any account found with Virus, Trojans or Key loggers will be terminated immediately.

(h). Executable Scripts are prohibited on our shared/reseller servers. They can be used for destructive, and resource intensive purposes. Accounts with Executable scripts will be terminated upon discovery.

(i). Hosting, or providing IM bot service is not allowed on our service due to the fact that it may consume large amounts of bandwidth, and resources. Any accounts hosting such content will be terminated.

(j). Peer To Peer network scripts are prohibited. Any account found to be sharing, distributing or downloading Peer To Peer files will be suspended and a $50 Peer To Peer administrative charge will apply.

(k). Any websites providing Warez / Serials are not welcome on our service due to the fact that these are often used for illegal purposes, Sites hosting Warez or Serials will be suspended upon discovery, and forced to remove content in question.

(l). Any attempts to undermine or cause harm to a server owned by LayeredZone Web Hosting, or subscriber of LayeredZone Web Hosting is strictly prohibited. This includes, but is not limited to:

Logging into a server or account that you don't have authorization to access.
Taking services, or trying to access data that is not indended for your use.
Attempting to probe, scan or test any vulnerability of any system, subsystem or network without authorization.
Hacking, tampering, modifying, or corrupting, breaching security or authentication measures without proper authorization.
Interfering, intercepting or modifying any system, data or information.
Interfering with service supplied to any user, host or network. This includes without limitation, by overloading, "flooding," or "crashing" any system.

3. Bulk Commercial E-Mail.

You must obtain LayeredZone Web Hosting'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 LayeredZone Web Hosting'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 LayeredZone Web Hosting'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.

You have procedures in place that allow a recipient to easily revoke their consent, such as a link in the body of the e-mail, or instructions to reply with the word "Remove" in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;

You must post an abuse@yourdomain.com e-mail address on the first page of any Web site associated with the e-mail, and you must promptly respond to messages sent to that address;

You must have a Privacy Policy posted for each domain associated with the mailing;

You have the means to track anonymous complaints;

You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the "TO" line of the e-mail; and you must comply with the CAN SPAM Act and other applicable laws.

These policies apply to messages sent using your LayeredZone Web Hosting 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 LayeredZone Web Hostingservice. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.

LayeredZone Web Hosting 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.

4. 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 LayeredZone Web Hosting's services.

5. 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;

You are otherwise permitted by established United States copyright law to copy the work in that manner.

LayeredZone Web Hosting will terminate the service of repeat copyright infringers. At LayeredZone Web Hosting's discretion, a $25.00 DMCA processing fee will apply to account holders who receive DMCA notices.

All torrents, including “legal” torrents are prohibited on our service. Torrents are used to distribute often illegal content. This includes torrent trackers. Any site hosting torrents, or torrent trackers will be suspended upon discovery. URL downloaders, website/file copying utilities are also prohibited

5. Copyright Infringement Notice (Digital Millennium Copyright Act).

Pursuant to Title II of the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on LayeredZone Web Hosting's network or servers should be promptly sent in the form of written notice to the Designated Agent for DMCA Notices listed below:

Your notice must include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit LayeredZone Web Hosting to locate the material;
Information reasonably sufficient to permit LayeredZone Web Hosting to contact you, such as an address, telephone number, and, an e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner.s agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

6. Other.

You must have valid and current information on file with your domain name registrar for any domain hosted on the LayeredZone Web Hosting network. LayeredZone Web Hosting offers domain service to certain clients. Clients are bound to the domain agreement located at http://layeredzone.com/domainagreement.php. If the account attached to the domain is suspended for non-payment, or the payment for the domain has been charged back. We reserve the right to lock the domain, and require payment before the domain is unlocked. Through an agreement with a 3rd party. LayeredZone Web Hosting has the ability to provide SSL certificates for clients to use with their hosting package. By signing up for an SSL certificate, the client acknowledges, and agrees to the SBS SSL policy located at, http://www.securebusinessservices.com/terms-service-sbs-subscriber.asp. Anonymous FTP is enabled on certain servers. This is enabled PER ACCOUNT! Be warned that any illegal activities that occur due to anonymous FTP being activated on your account will result in action against the account holder. HYIP and related sites are NOT allowed on our servers due to the risk of denial of service attacks that are commonly placed against these types of sites.

7. Disclaimer.

LayeredZone Web Hosting 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 LayeredZone Web Hosting network. Inquiries regarding this policy should be directed to LayeredZone Web Hosting Abuse at abuse@layeredzone.com.