Acceptance of Use Policy of MaxterHost Internet Solutions, Proprietor Emanuel Stefan Popescu
Introduction, Purpose, and General Terms.
- This Web site gives you the ability to learn about MaxterHost and its products and services as well as the ability to access our network and services ("MaxterHost Services"). By using this site, and any other sites or services owned, operated, or provided by MaxterHost, you signify your agreement to the terms, conditions and notices of this policy. "You" when used in the Agreement shall mean the MaxterHost Customer of record and that MaxterHost Customer's end users.
- This document sets forth the principles, guidelines and requirements of the Acceptable Use Policy of MaxterHost ("Company") governing the use by the Customer ("Customer") of the Company's services and products ("Services and Products"). The purpose of MaxterHost's Acceptable Use Policy (the AUP") is to comply with all international, federal, state, and local laws and to protect the network security, network availability, physical security, Customer privacy, and other factors affecting the services provided by MaxterHost. MaxterHost reserves the right to impose reasonable rules and regulations regarding the use of its services provided to all Customers and such rules and regulations are subject to change.
- In order to maintain an informative and valuable service that meets the needs of the users of this site and MaxterHost Services, the rules in this AUP have been established to protect against abuse. The AUP is not an all-inclusive, exhaustive list and MaxterHost reserves the right to revise, amend, or modify the AUP at any time as needed, effective upon either the posting of the revised, amended, or modified AUP tohttps://www.maxterhost.com/aupor notification to the Customer via e-mail to the e-mail address of Customer as set forth in the Service Descriptions.
- Any violation of the AUP may result in the suspension or termination of your account or such other action, as MaxterHost deems appropriate. No credits will be issued for any interruption in service resulting from violations of the AUP.
- VIOLATION OF ANY SECTION OF THE AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM MaxterHost.
- Any questions or comments regarding the AUP should be directed to MaxterHost by e-mail to the Customer CareDepartment, for issues concerning the AUP.
General Prohibitions.You may not use this site or MaxterHost's Services for any purpose that is unlawful or in any manner that could damage, disable, overburden or impair the operation of this site, the MaxterHost Network, or MaxterHost's Services, or any other part's use or enjoyment of this site, the MaxterHost Network, or MaxterHost's Services.
- You may not use this site or MaxterHost's Services for any purpose that is unlawful or in any manner that could damage, disable, overburden or impair the operation of this site, the MaxterHost Network, or MaxterHost's Services, or any other party's use or enjoyment of this site, the MaxterHost Network, or MaxterHost's Services.
- Adult Content Prohibited.
- Adult-oriented sites demand special system, network, and bandwidth requirements. MaxterHost does not accommodate those extraordinarily large requirements in its standard shared, reseller, and VPS hosting plans. Therefore you may not use MaxterHost's services for adult-oriented and pornography sites. This includes sites that may include sexual content, or links to adult content elsewhere.
- Where allowed by applicable law, MaxterHost does not prohibit you from posting a static Web page that meets all of the following criteria:
- the page merely advertises an adult service and provides information about how to contact the service offline, i.e., by telephone, facsimile, or postal mail and not via a link from a Web site that uses MaxterHost's services;
- the page does not display any sexually explicit content and does not link to any Web page or site displaying any sexually explicit content; and
- the page does not require a user to log in with a username or password to access any of the Web site's content.
- In some jurisdictions, even the notice and advertisement of adult-oriented services may be illegal. It is your sole responsibility to learn the laws that govern what you are and are not allowed to post on your Web site. As part of your agreement with MaxterHost, you must comply with all such applicable laws.However, MaxterHost cannot and does not advise you or make any recommendations to you about the existence of any such laws in a particular jurisdiction. Nor does MaxterHost advise you about how to comply with any such laws. Furthermore, laws vary throughout Germany and all over the world, so you should contact your legal advisor for more information and specific recommendations concerning the kinds of online materials that are legal in your region.
- If you use MaxterHost's service to publish any content that any applicable law deems "harmful," "inappropriate," or "unsuitable" for minors (persons under 18 years of age), then you must provide appropriate protection to prevent minors from accessing that content. Such protection is your sole responsibility because MaxterHost does not censor the content of your Web sites and pages.
- If you have a reseller account with MaxterHost, you may not resell our hosting services to any clients or customers that sell adult content.
- You may not use MaxterHost's services to sell or solicit sales for any of the following items, products or services because they are or may be illegal in one or more jurisdictions where MaxterHost's services are offered, or where they can be viewed through MaxterHost's services:
- Online pornography or adult content for which a viewer must subscribe to access it,
- Adult content-related products or services (including X-rated videos, pictures, etc. especially of individuals under 18 years of age), and
- Obscene materials, as defined by law.
If we find any of your sites (or any of the sites of your customers, if you have a reseller account) to be selling any of the prohibited products or services, the offending accounts shall be subject to immediate account termination.
Compliance with Law.Customer shall not use MaxterHost's Service or any other service or network to post, upload, transmit, retransmit, store, distribute or facilitate the distribution of any content, including without limitation text, communications, software, images, sounds, data, or other information that, in MaxterHost's sole discretion:
- violates, attempts to violate, or helps any third party to violate any local, state, federal, international, or non-German law, ordinance, or regulation,
- is threatening, obscene, indecent, pornographic, abusive, harassing, libelous, defamatory, deceptive, fraudulent, invasive of another's privacy, tortious, inaccurate, or that otherwise could adversely affect any individual, group or entity (collectively, "Persons"),
- threatens or encourages bodily harm or destruction of property,
- harms any person,
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, sex, sexual orientation, race, ethnicity, national origin, immigration status, age, disability, or any other reason,
- is posted in violation of a newsgroup charter,
- contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer,
- violates any terms or conditions of any other network access provider or Internet service provider,
- 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" information content or data or other software products that are not appropriately licensed for use by Customer. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products,
- adds, removes, or modifies identifying network header information in an effort to deceive or mislead any person. Additionally, attempting to impersonate any person by using forged headers or other identifying information is prohibited. However, the use of anonymous remailers or nicknames does not by itself constitute impersonation, unless such use is made with the intent to deceive, defraud, or mislead any person or to violate any applicable laws or regulations,
- collects, attempts to collect, or helps any third party to collect personal information about third parties without their knowledge or consent or in a manner that violates applicable laws concerning privacy,
- has a negative effect on MaxterHost or its network (including, without limitation, overloading servers on the MaxterHost Network; causing portions of the MaxterHost Network to be blocked by other network providers; generating unresolved third party complaints or complaints which, in the discretion of MaxterHost, impose an unreasonable administrative burden on MaxterHost; etc.), or
- violates the prohibition on terrorist content and activities described below. Terrorist Content Prohibited.
- You may not use MaxterHost's services to do any of the following acts by any means, or resell MaxterHost's services to any individual or organization that you know to be doing any of the following acts by any means:
- engage in terrorism,
- solicit any other individual or organization to engage in terrorism,
- conspire with any other individual or organization to engage in terrorism,
- help any other individual or organization to engage in terrorism, or
- knowingly engage in transactions or dealings in money, goods, or services with terrorists, suspected terrorists, or terrorist organizations; or
- make donations to terrorists and suspected terrorists.
- While MaxterHost is not giving you legal advice or a consulting recommendation about how to comply with this no-terrorism policy or with the applicable laws that prohibit terrorism in Germany or in other countries, you may find the following general strategies helpful in complying with these requirements.
- Verify the identity of any person who wants to buy goods, services, or information through your Web site. This includes, but is not limited to, the resale of MaxterHost's hosting services.
- Check the names of any persons or organizations attempting to buy from your Web site against the Annex in the Executive Order.
- Work with the company that provides transaction payment and fraud-prevention services for your e-commerce Web sites. The provider may be able to automate the identity checking for you.
- You may not use MaxterHost's services to do any of the following acts by any means, or resell MaxterHost's services to any individual or organization that you know to be doing any of the following acts by any means:
System and Network Security.Violations of system or network security are strictly prohibited, and may result in criminal and civil liability as well as termination of services from MaxterHost. MaxterHost investigates all incidents involving such violations and will cooperate with law enforcement if a violation of the criminal law is suspected. You are responsible for any misuse of your account, even if a friend, family member, guest, agent, or employee committed the inappropriate activity while using your account. 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 the security of another MaxterHost account or attempt to gain unauthorized access to another network or server. Examples of system or network security violations include, without limitation, the following:
- Introduction into the network or server of any malicious program (examples: viruses, worms, Trojan Horses, logic bombs, and other executables intended to inflict harm).
- Introduction into the network or server of any self-extracting file or program containing any malicious program as specified in Section 4.1 of this AUP.
- Introduction into the network or server of any data, parameter, configuration, template, or control files for software applications that contain destructive macros or other malicious code.
- Introduction into the network or server of any encrypted or compressed file or archive such as .zip or .gz files that contains any malicious program as specified in paragraphs 4.1 through 4.3 of this AUP.
- Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient, logging into a server or account that the Customer is not expressly authorized to access, or exceeding the access to a server or account that has been granted to the Customer. For purposes of this section, "disruption" includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information.
- Executing any form of network activity that will intercept data not intended for the Customer.
- Circumventing user authentication or security of any host, network or account.
- Interfering with or denying service to any user other than users of the Customer's host (examples: denial of service attack or distributed denial of service attack).
- Using any program script/command, or sending messages of any kind such as a punter, designed to interfere with or to disable, a user's terminal session, via any means, locally or via the Internet.
- Attempting to use or gain unauthorized access to data, accounts, hosts, servers, systems or networks of this site, or to probe, scan or test the vulnerability of a system or network of this site, any MaxterHost Services or those of any other party.
- Interfering with service to any user, host or network including, without limitation, mail-bombing, flooding, or attempting to overload the system.
- Forging any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
- Falsifying address information or otherwise modifying e-mail headers to conceal the sender's or the recipient's identity.
Internet Etiquette.The Customer agrees to observe and abide by reasonable Internet etiquette (Netiquette). The Customer shall comply with the rules appropriate to any network to which MaxterHost may provide access. The Customer should not post, transmit, or permit Internet access to information the Customer desires to keep confidential. The Customer shall not post any material that is illegal, is libelous, is otherwise tortious, indecently depicts children, or is likely to result in retaliation against MaxterHost by offended users. MaxterHost reserves the right to refuse or terminate service at any time for violation of this section. This includes, but is not limited to, advertising services or sites via Internet Relay Chat (IRC) or USENET in clear violation of the policies of the IRC channel or USENET group.
Child Pornography.MaxterHost will cooperate fully with any criminal investigation into a Customer's violation of any applicable international, federal, state, or local law that prohibits child pornography. Customers are ultimately responsible for the actions of their clients over MaxterHost network, and shall be liable for illegal material posted by their clients. 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.
MaxterHost No-Spam Policy (NSP).
- Customer shall comply with all the terms and conditions of MaxterHost's No-Spam Policy (NSP) as described in this Section 7. Violation of the NSP shall be deemed a violation of this AUP and of the Customer's Agreement with MaxterHost.
- At MaxterHost, we are committed to providing valuable hosting services to our valued customers.
- An important part of MaxterHost's mission is to be a respected and responsible member of the business and Internet communities. We take seriously our role in protecting our customers and the general public from nuisances such as "spam." This section describes our NO-SPAM Policy. Please read it carefully, because it contains important information and because it is a material part of your Agreement with MaxterHost.
- To report any spam you receive that identifies itself as coming from the maxterhost.com servers or claims to be related to MaxterHost in any way, please send an e-mail message to the Abuse Department. In your message to us, please include a complete and accurate copy of the message that you consider to be spam, along with full message headers and routing information for e-mail, a message board provided by a Web site or an online service, Usenet, interactive chat message, or instant message service, as the case may be.
- Definition of Spam.
Unsolicited commercial e-mail and electronic messages are colloquially referred to as "spam." Other common names for spam include "spam e-mail," "junk e-mail," "bulk e-mail," "direct e-mail," and "mass e-mail." Spam is the electronic equivalent of the direct mail you receive in your postal mailbox frequently. In its most general terms, and as used in this NO-SPAM Policy (the "Policy"), spam is:
- a commercial e-mail message or other electronic message, including, but not limited to, messages that are:
- posted to an electronic mailing list (other than an "opt-in" e-mail list as described below),
- posted on an online bulletin board system or Web-based message board system or "guest book",
- posted to a Usenet newsgroup,
- posted to the common area of an online community, group, or club,
- posted in a chat room,
- posted in a message board of a commercial online service (such as America Online),
- posted to a Weblog ("blog"),
- sent via an instant message system (such as ICQ, Yahoo! Pager, Yahoo! Instant Messenger, or AOL Instant Messenger),
- sent through e-mail or another Internet means of communication when the message's ultimate destination is a facsimile ("fax") machine, cellular or wireless telephone, or wireless device,
- a commercial e-mail message or other electronic message that is addressed to one or more recipients with whom you do not have an preexisting business or personal relationship,
- a commercial e-mail message or other electronic message that is sent to a mailing list of addresses that you purchased or that were otherwise distributed, or any list of e-mail addresses whose owners did not sign up for your specific mailing list, including
- without limitation lists commonly known as "affiliate lists,"
- a commercial e-mail message or other electronic message that is not sent at the request of, or with the express consent of, the recipient(s),
- a commercial e-mail message or other electronic message that is sent to a recipient who has opted out of receiving further commercial electronic messages from you, or
- a commercial e-mail message or other electronic message that contains forged headers, compromised mail server relays, or false contact information.
For purposes of this Policy, spam also includes any e-mail or other electronic message that is sent in violation of any applicable Federal, state, or local law regulating unsolicited commercial e-mail, unsolicited fax transmissions, or any other type of unsolicited commercial electronic message, regardless of whether that message fits the definition of "spam" provided above.
"Opt-in" E-mail Lists.Please note: messages sent to "opt-in" e-mail lists are not spam, for purposes of this Policy, provided that those messages meet all of the following criteria:
- the messages are sent to an "opt-in" e-mail list in which ALL subscribers have VOLUNTARILY agreed to receive announcements and advertisements about products and services;
- the messages STRICTLY COMPLY with ALL the requirements and regulations of the "opt-in" e-mail list; and
- upon request of any subscriber to the "opt-in" e-mail list, you immediately stop sending that subscriber any e-mail regarding your products and services.
If you choose to use an "opt-in" e-mail list, please be aware that MaxterHost will consider ANY violation of the requirements or regulations of such any third party provider of software or services for such a list to be a violation of this NO SPAM Policy.
Furthermore, MaxterHost reserves the right to prohibit "opt-in" e-mail lists in the future if such a prohibition is reasonably necessary to keep its hosting service operating efficiently for all users.
Zero Tolerance for Spam.MaxterHost will not tolerate any spamming by any of its Customers. This prohibition of spam extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of MaxterHost's services whether or not the message actually originated from our network. Violation of this NO-SPAM policy will result in MaxterHost taking one or more of the following actions:
- A warning via e-mail or telephone,
- Suspension of your site until furthur notice,
- Removal of DNS for the advertised/originating site, or
- Temporarily blocking outgoing mail from your site.
- Repeated violation of this NO-SPAM policy will result in immediate disconnection of service with no re-activation.
- MaxterHost reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from being sent from or transmitted through the MaxterHost Network.
- PLEASE NOTE: The transmission of spam, including the transmission of counterfeit e-mail, may result in civil and criminal penalties against the sender, under various federal, state, and local laws and regulations, including the federal CAN-SPAM Act of 2003.
Indemnification of MaxterHost.You agree to defend, hold harmless, and indemnify MaxterHost from any harm or damages whatsoever resulting directly or indirectly from your engaging in any spamming practices or from your violation of any of the terms of this NO SPAM Policy.
- Mailing Limits
- Shared and reseller hosting accounts may not send more than 200 emails per hour per domain.
- VPS hosting accounts may not send more than 500 emails per hour per domain.
You agree to not use excessive amounts of resources. Any violations may result in us taking corrective action in order maintain server stability by killing any processes, disabling and/or suspending your account.
- Shared and reseller hosting accounts may not use more than 2% CPU daily, 3% memory daily, run more than 18 simultaneous processes per user, allow any process to run for longer than 30 seconds CPU time, run any process that consumes more than 20% of available CPU at any time, or run any process that consumes more than 256 MB of memory. Databases are limited to 18 max user connections with a max query time of 8 seconds. Cron jobs must not execute more than once every 15 minutes and will be niced to 15 or greater.
- VPS hosting accounts may not use more than 8% CPU daily.
MaxterHost reserves the right to make adjustments to these limits at its sole discretion. If MaxterHost takes corrective action, Customer shall not be entitled to a refund of any fees paid in advance.
No Editing, Censoring, or Control of Communications; Reservation of Rights.Your participation in online communication or use of any MaxterHost service is not edited, censored, or otherwise controlled by MaxterHost. However, MaxterHost reserves the right to monitor content on this site and on any MaxterHost servers, networks, or systems and to remove content, disable sites, or suspend or terminate services if MaxterHost, in its sole discretion, determines such content or user practices are harmful, offensive, or otherwise in violation of this Acceptable Use Policy.
International Use.MaxterHost makes no representation that materials available on this site or any or through any MaxterHost service are appropriate or available for use in locations outside Germany, and accessing them or using them from territories where their contents are illegal is prohibited. Customers and their users who access this site or any site hosted by MaxterHost from locations outside of Germany are solely responsible for compliance with all applicable local laws and regulations. Moreover, to the extent allowed by law, Customers agree to defend, indemnify, and hold harmless MaxterHost, its parents, subsidiaries, partners, joint venturers, employees and agents, and all their respective heirs, successors, and assigns for any acts of Customer or Customer's users that may violate any applicable law.
Intellectual Property Rights.
- All MaxterHost Web site design, text, graphics and the selection and arrangement thereof are the copyrighted work of MaxterHost, © 2004-2015. All rights reserved. If any page, information, or content is copied, it may only be copied for non-commercial uses that are explicitly allowed under the Customer's Agreement with MaxterHost or by law, and MaxterHost shall, in any event, retain all copyright and other proprietary interests in said page, information, or content.
- You acknowledge and agree that copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws protect all content and materials available on this site or through any MaxterHost service. Nothing on any MaxterHost Web site shall be interpreted or implied in such a way as conferring any license or right to any intellectual property rights or license to any intellectual property, content, technology, system, process, or related material belonging to MaxterHost by virtue of it being displayed or made accessible on any MaxterHost Web site. Except as expressly authorized, you agree not to use this site or any MaxterHost Services in any manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you may access, receive or make available through this site or any MaxterHost Services.
- If you use a domain name or content in connection with the MaxterHost Web hosting, or any other Web hosting service, you agree not to use that domain name or content in any way which violates any trademark, service mark, or similar rights of any third party. Specifically, and without limitation, you agree that you will not engage in, attempt to engage in, or conspire with others or solicit others to engage in any cybersquatting or domain name hijacking,
- MaxterHost's data center infrastructure including all hardware, software, and telecommunications facilities located in its data center may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of any German regulation, law or the common law, or any applicable foreign or international law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, patent, trade secret, or other intellectual property rights.
- Creating, utilizing, or distributing unauthorized copies of software or other information content is a violation of international, federal, and state law. If you copy, distribute, or install software or other information content in ways that the license to use that content does not allow, you are violating federal copyright law and international copyright law. MaxterHost will cooperate with all law enforcement agencies in relation to alleged copyright infringement based on content housed in our data centers.
- Please see Copyright Infringement Reporting on the MaxterHost Web site for procedures on disclosing alleged copyright infringement.
Customer's Grant of Limited License to MaxterHost; Warranties on Content.By posting or submitting content to any MaxterHost Web site or server, you:
- Grant MaxterHost a limited license to transmit, copy, store, back up, and retrieve the content, solely for the purpose of providing you with the services you are purchasing under your Agreement with MaxterHost;
- Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by MaxterHost does not and will not infringe or violate the rights of any third party; and
- Agree to defend, hold harmless, and indemnify MaxterHost for any claims of any third party resulting from the public posting or use of your content.
IP Allocation.MaxterHost administers an Internet network on which multiple Customer servers reside. Customers shall NOT use Internet protocol (IP) addresses that were not assigned to them by MaxterHost staff or network administrators.
Restrictions on Use of MaxterHost Services.
- You may not operate Internet Relay Chat ("IRC") servers using MaxterHost's services.
- You may not run any IRC robot on any IRC server that might interfere with the Services or otherwise violate this AUP. When logged into any IRC server, you must comply with the rules and policies established by that IRC's service administrator.
- You must not use any programs that may or will interfere with another's use of this site or any MaxterHost Services.
- You may not run any background processes on the MaxterHost servers, networks, or systems without prior written authorization from MaxterHost.
- You may not use any MaxterHost services to send denial-of-service (DOS) attacks to any computer or network, or to "flood" any computer or network.
- You may not host any type of HYIP, autosurf, proxy, or bit torrent on MaxterHost servers.
- You may not use any MaxterHost services to make available to third parties for any use other than normal access to that account's Web site.
- MaxterHost reserves the right to add further restrictions to Customers'use of the MaxterHost Services if such further restrictions are reasonably necessary to keep its hosting service operating efficiently for all users.
Notices Regarding Violations of AUP and Intellectual Property Rights.
- The MaxterHost Agreement and all its components prohibit acts of copyright and trademark infringement and other unlawful behavior by MaxterHost Customers. MaxterHost takes Customer violations seriously and will investigate complaints and, where appropriate, may remove content, disable sites, suspend or terminate services, or take other action as necessary.
- General Complaints: Please send reports of any activity in violation of this Acceptable Use Policy to the Abuse Department. If possible, please provide the IP address used to commit the violation, the date and time of the violation, and evidence of the violation. MaxterHost will reasonably investigate incidents involving such alleged violations. MaxterHost may involve and will cooperate with law enforcement officials if any criminal activity is suspected. Violations may result in criminal and civil liability.
- Copyright/Trademark Infringement Complaints: If you believe that your copyright or trademark has been used by a MaxterHost subscriber without permission, such that the use may constitute infringement of your intellectual property rights, please see the instructions on how to send your claim at https://www.maxterhost.com/copyright
Miscellaneous.All monetary amounts to which this Agreement refers shall be in Euros.
Revisions.MaxterHost may revise this Acceptable Use Policy without prior notice. Such changes will be posted at https://www.maxterhost.com/acceptance-of-use. You are responsible for reviewing the online Acceptable Use Policy to stay update of any changes.