This agreement ("Agreement") is between wholesale hosting service provider ASB Host Hosting Inc. ("ASB Host") at Chicago, IL 60626, USA and the Customer or Hosting/Internet Service Reseller ("Customer") specified in the electronic order form annexed herein by reference ("Order"). The agreement is made effective as of the date of the order.
By using services ("Services") provided by ASB Host, Customers agree to comply with the Acceptable Use Policies outlined in this agreement (AUP) and also to indemnify ASB Host against any claims arising from any violation of this Policy as per sections 13 and 14 of the ASB Host Master Service Agreement.
ASB Host reserves the right to make changes to this Acceptable Use Policy at any time without notice, and those changes will be effective immediately upon posting to ASB Host's web site at: http://www.ASBHost.com.
ASB Host Customers agree to and are responsible for regularly reviewing this Policy. Continued use of ASB Host services following any changes shall constitute acceptance of those changes by Customer.
This policy recognizes the fundamental fact that no one owns or controls the Internet. ASB Host cannot monitor or control all activities of our Customers and their clients. We do not intend to actively screen, review, censor, edit or take responsibility for the activities or content of our Customers. Customers, not ASB Host, assume all responsibility relating to their Internet activities including, but not limited to:
Activities conducted on the Internet are subject to many of the same laws and regulations applicable to the offline environment. Customers must exercise a high degree of judgment and responsibility with respect to their use of the Services, including the responsibility to comply with this Acceptable Use Policy.
Customers will violate this Policy when they or their affiliates engage in any of the following activities:
Using the ASB Host network in any way that adversely affects other ASB Host Customers is strictly prohibited. This includes but is not limited to:
Accounts may be terminated that include content or where links are provided to content that:
SPAM or Unsolicited Commercial Email
ASB Host has a zero tolerance policy for the sending of SPAM or Unsolicited Commercial Email (UCE) over our network. ASB Host Customers cannot send SPAM or UCE and cannot host sites or information advertised in SPAM or UCE. Customers are also responsible for the actions of their clients and must take all reasonable precautions to secure their servers and sites against SPAM exploits (e.g. open email relays and insecure CGI scripts).
Violating our UCE or SPAM policy will result in penalties. Upon detection or notification of a violation of our UCE policy, ASB Host will initiate an immediate investigation. During this time, outgoing mail may be suspended from the offending ip address to prevent further violations. If a client is found to be in violation of our UCE policy, ASB Host will impose penalties and/or, at its discretion, restrict or terminate the offending account and the Customer's access to our network. Repeated or serious violations may result in the immediate termination of the account. SPAM is a very serious matter.
PLEASE DO NOT SPAM. EDUCATE YOUR CLIENTS and TAKE ALL PRECAUTIONS against SPAM EXPLOITS. ASB Host reserves the right to apply a minimum $200 US per complaint investigation/resolution charge.
ASB Host Administrative Login and Management Software
To facilitate data center/network/server management, inventory and related activities, ASB Host DDS (VPS), dedicated and shared servers include a ASB Host administrative account and password and/or a ASB Host daemon. All reasonable precautions are made by ASB Host to maintain the security of these tools and the privacy of client data. Customers cannot tamper, hinder, delete, or in anyway change the functioning of these tools. To do so intentionally or otherwise is a violation of this agreement and is grounds for the immediate suspension of a Customer's account.
This Acceptable Use Policy (AUP) is not exhaustive. ASB Host has the right to refuse service to anyone at any time WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to a violation of the Acceptable Use Policy as outlined above.
ASB Host reserves the right to charge investigation/resolution/cleanup fees related to any AUP violation activity. Standard ASB Host investigation/resolution/cleanup fee is $400 US or more depending on circumstances. In the case of SPAM activity additional hourly fees, charged at ASB Host standard rates, may apply.