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Table of Contents

Purpose

This GPowerHost Acceptable Use Policy (AUP) has been developed with the following objectives:

  • Ensure security, reliability and privacy of GPowerHost’s systems and network, and the networks and systems of others.
  • Maintain the image and reputation of GPowerHost as a responsible provider.
  • Preserve the value of Internet resources as a conduit for free expression.
  • Encourage the responsible use of net resources and discourage practices which degrade the usability of network resources and thus the value of Internet services.
  • Avoid situations that may cause GPowerHost to incur civil liability.
  • Preserve the privacy and security of individual users.

We expect our Customers to use the Internet with courtesy and responsibility and to be familiar with and to practice good Internet etiquette. By adhering to the following policies, our Customers are protecting the rights and privileges of all Internet users.

Violation and Consequence

Violation of any of the following policies is strictly prohibited and shall result in:

  • Immediate suspension or termination of all accounts
  • Immediate suspension or deletion of websites
  • Notification of suspected or illegal activities to the relevant authorities e.g. the Police etc.
  • Likely forfeiture of any remaining funds on account and/or the assessment and collection of damages (see: Denied Service Policy)

General Conduct

  1. Customers are prohibited from transmitting on or through any of GPowerHost’ services, any material that is, in GPowerHost’s sole discretion, unlawful, threatening, abusive, offensive, libellous, or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or international law, statute or regulation.
  2. GPowerHost’s services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of Peruvian or United States regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. GPowerHost reserves the right to remove such illegal material from its servers.
  3. Customers may not engage in tortuous conduct including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or making physical threats against another person via email, news, or any other electronic media/service GPowerHost provides.
  4. The Customer is responsible for providing and maintaining accurate and up-to-date billing information. Furnishing false data on the sign up form, contract, or online application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.
  5. Customer may not promote illegal activities such as: illegal drugs, violate export control laws, illegal gambling, and illegal arms trafficking.
  6. Customer may not publish, transmit or store that which constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, non-consensual sex acts, or sex acts that target degradation toward any class of individual (e.g. degrading to women, degrading to a specific race, degrading to law enforcement, degrading to a religion and etc.).
  7. Customer may not Live Stream potentially objectionable content or sex acts of any kind, even if the content would otherwise comply with this AUP.
  8. Customer may only use IP address(es) assigned to them by GPowerHost.
  9. Customer agrees that if GPowerHost IP address(es) assigned to them are listed on an abuse database like Spamhaus, they are be in violation of this AUP, regardless of whether the IP address(es) were listed as a result of their actions.
  10. Customers utilizing shared IP address(es) issued by GPowerHost shall be in violation of this AUP if the shared IP address is listed on an abuse database like Spamhaus, as a result of what in GPowerHost’s opionion is an action or inaction taken by them.

Security

  1. Customers may not attempt to circumvent user authentication or security of any host, network, or account (“cracking”). 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, or probing the security of other networks.
  2. Customers 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.
  3. Customers may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a user’s terminal session, via any means, locally or by the Internet.
  4. Customers must safeguard their account passwords to prevent unauthorized access to their account, and change their passwords periodically.
  5. Users who violate systems or network security may incur criminal or civil liability. GPowerHost 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.
  6. GPowerHost reserves the right to access servers/accounts within their network if they believe the terms and conditions of use are not being followed.
  7. Bit Torrent software and P2P protocol software is not permitted on our network. Servers continuously running a risk of supporting these types of services will be disabled and terminated from our network.
  8. Customers may not attempt unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to GPowerHost and its customers) without express authorization of the owner of the system or network.
  9. Customers may not attempt or monitor data or traffic on any network or system without the authorization of the owner of the system or network.
  10. Customers may not use an Internet account or computer without the owner’s authorization, including, but not limited to Internet scamming (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning.
  11. Customers may not participate in any conduct that is likely to result in retaliation against the GPowerHost’s network and/or services.

Email, Emailers, Mailing Lists

  1. Harassment, whether through language, frequency, or size of messages, is prohibited.
  2. Customers may not send email to any person who does not wish to receive it. If a recipient asks you to stop sending email, you must not send that person any further email.
  3. Customers are explicitly prohibited from sending unsolicited bulk mail messages (“junk mail” or “spam”). This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political messages. Such material may only be sent to those who have explicitly, confirm opt-in, requested it.
  4. Customers may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings.
  5. Malicious email, including but not limited to “mail bombing” (flooding a user or site with very large or numerous pieces of email) and “trolling” (posting outrageous messages to generate numerous responses) is prohibited.
  6. Forging of header or any other information is not permitted.
  7. Subscribing someone else to a mail list or removing someone else from a mail list without that person’s permission is prohibited.
  8. GPowerHost accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this AUP or the AUP of that other provider.
  9. These rules apply to other types of Internet-based distribution mediums as well.
  10. All email lists must comply with the United States CAN SPAM Act and other applicable US and Peruvian laws, regardless of your country of origin.
  11. You must maintain records, and provide proof within 8 hours of demand by GPowerHost, as to the continuing permission or subscription validity, and confirmation via some affirmative means, such as a confirmed opt-in procedure. Continuing permission means that all bounce records and other communications from the subscriber or their host are retained for the perpetuity of your maintaining to that subscriber on any list.
  12. Your procedures for soliciting consent must include reasonable means to ensure that the person giving consent is the owner of the email address for which the consent is given.
  13. The body of the email must describe how the email address was obtained, for example, “You opted in to receive this email promotion from our Website [LIST THE URL]” and information on how to request evidence of the consent, for example, “If you would like to learn more about how we received your email address please contact us at abuse@**yourdomain.com**.”
  14. You must have procedures in place that allow a recipient to easily revoke their consent via a one-step-process, such as a link in the body of the email, or instructions to reply with the word “Remove” in the subject line. Revocations of consent must be honored the earlier of: within 72 hours, 1 business day, OR prior to any additional emailings.
  15. You must post an abuse@**yourdomain.com** email address on the first page of any Website associated with the email, you must register that address at abuse.net, and you must promptly respond to messages sent to that address.
  16. You must have a Privacy Policy posted for each domain associated with the mailing, a link to the policy must be in the email, on your primary webpage (home page) and all pages that solicit subscriptions.
  17. You must have the means to track anonymous complaints posted on your primary webpage (home page) and all pages that solicit subscriptions.
  18. You may not obscure the source of your email in any manner. Your email must include the recipients email address in the body of the message or in the “TO” line of the email.
  19. These policies apply to messages sent using your GPowerHost 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 GPowerHost service. In addition, you may not use a third party email service that does not practice similar procedures for all its customers.
  20. You must comply with our Anti-Spam Policy located at: https://gpowerhost.com/anti-spam-policy.
    GPowerHost may test and otherwise monitor your compliance with its requirements, including requesting opt-in and confirmation information from a random or targeted sample of your list at any time.

USENET (News)

  1. GPowerHost is not responsible for the content of any USENET posting, whether or not the posting was made by a GPowerHost Customer.
  2. Postings to USENET newsgroups must comply with the written charters or FAQs for those newsgroups. Advertisements should only be posted in those newsgroups whose charters/FAQs explicitly permit them. The poster is responsible for determining the etiquette of a given newsgroup, prior to posting to it.
  3. Customers are prohibited from posting the same or similar message to large numbers of newsgroups (excessive cross-posting or multiple-posting, also known as “USENET spam”).
  4. Customers are prohibited from posting binary files to newsgroups not specifically named for that purpose.
  5. Customers are prohibited from cancelling or superseding posts other than their own, with the exception of official newsgroup moderators performing their duties.
  6. Customers are prohibited from forging header information. This includes attempting to circumvent the approval process for posting to a moderated newsgroup.
  7. A customer may not solicit mail for any other address, other than that of the Customer’s GPowerHost account or service, with the intent to harass or collect replies after GPowerHost’ service has been terminated.

IRC (Internet Relay Chat)

  1. GPowerHost is not liable for the content of any communications made on IRC.
  2. IRC robots (“bots” or “clones”) or IRC sessions may not be run from GPowerHost’s server accounts.
  3. Customers may not attempt to impersonate others or use IRC anonymously by disguising their hostname or username.
  4. Customers are prohibited from using IRC scripts or programs that interfere with or deny service to other users on any server or host. Customers are also prohibited from engaging in activities which harass other users. This includes, but is not limited to, “flooding” (rapidly entering text with the intent to fill the screens of others), “flashing” (disrupting terminal emulation), “takeovers” (forcibly seizing operator privileges), attempting to send private messages to those who do not wish to see them (via “ignore”), attempting to return to a channel after being banned from it, and other disruptive behaviors.

General Uses

  1. Customers may not permit the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for the Customer’s own account.
  2. Customers may not employ posts or programs that consume excessive CPU time or storage space. GPowerHost reserves the right to kill off any CPU intensive process.
  3. Customers may not use GPowerHost hosting services for back-ups or providing free hosting services.
  4. Customers may not use any GPowerHost host or server as a proxy or be connected with any part of a proxy network or service.

Material and Service Requirements

  1. Customers must ensure that all material and data placed on GPowerHost’s equipment is in a condition that is “server-ready,” which is in a form requiring no additional manipulation on GPowerHost’s part. We shall make no effort to validate this information for content, correctness or usability. In the event that the Customer’s material is not “server-ready”, we have the option at any time to reject this material. GPowerHost will notify the Customer immediately of its refusal of the material and afford the Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of GPowerHost.
  2. Use of GPowerHost’s service 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 the Customer’s Web space. Customers must have the necessary knowledge to create and maintain a Web space. It is not the responsibility of GPowerHost to provide this knowledge or customer support outside of the service defined in the Service Agreement.

Banned Scripts

  1. We do not allow scripts that require more than 8Mb of memory space (with a 16Mb burst), unless the customer pays for extra memory space.
  2. We do not allow scripts that require more than 30 CPU seconds at any time.
  3. We do not allow scripts that require more than 2% of all available shared system resources at any time, unless the customer pays for extra CPU boost. Customers may not utilize more CPU power than their CPU boost amount. One Boost CPU unit, equals 50% sustained and 80% maximum burst of one full hyper-thread.
  4. We do not allow to run stand-alone, unattended server-side processes at any point in time on non-dedicated servers. This includes any and all daemons, such as IRCD or any software that interfaces with an IRC (Internet Relay Chat) network.
  5. We do not allow IRC, egg drop bots or anything of the sort on our network. IRC servers are subject to DOS Attacks. The ports necessary to make IRC work are filtered. If you are caught running an IRC server inside our network your account will be terminated. This is a pretty common practice in the hosting market today.
  6. We do not allow scripts with known security issues. This certainly includes, but is not limited to: UltimateBBS (all versions), Ikonboard (all versions), IRC Egg Drops, Proxy Servers, nph-proxy, the Anonymizer, any SOAP mailers, virtual terminal connections or script that opens a shell session with the server.

This AUP defines the actions which GPowerHost considers to be abusive, and thus, strictly prohibited. The examples set forth in this policy are non-exclusive, and are provided solely for guidance to customers.

If you are unsure whether any contemplated use or activity is prohibited, please use our online forms and we will assist you. Please note that the activities set forth above are also not permitted from other Internet Service Providers on behalf of, or to advertise, any service hosted by GPowerHost, or connected via our network. Furthermore, such services may not be advertised via deceptive marketing policies.

GPowerHost must further limit any exceptions made to the AUP as secondary in regards to server and networks security, performance and integrity. Any user, regardless of exception status, may have his or her service disabled if it is interfering with our servers or network.

Specific questions about this policy should be filled out on our online forms. Reports of activity in violation of this policy may be sent via registered post to our head office.