Acceptable use policy

There are certain things you can't use our services for. It's mostly commonsense, but read on for full details.

A. Introduction

1. Webfusion has created this Acceptable Usage Policy (AUP) to protect our customers, to be able to provide a high speed network and high availability of services, and to ensure that Webfusion and our customers comply with all relevant laws. As a Webfusion customer and by using the Webfusion services, you are subject to and agree to be bound by this AUP. This AUP must be read in conjunction with our Terms and Conditions. Unless specifically stated to the contrary, all sections of our AUP apply to all platforms.

2. This AUP may be modified by Webfusion without notice at any time and from time to time at the sole discretion of Webfusion. The latest version of the AUP shall be posted on Webfusion's website. As a Webfusion customer, it is your responsibility to ensure that you are at all times in compliance with the latest version of the AUP.

3. Completion of the relevant application form, or connection to the service for the first time, is deemed to be an agreement to our Terms and Conditions and this AUP.

4. In the event of a breach of this AUP, Webfusion reserves the right to terminate all or part of any service with immediate effect, without refund or other compensation to you, and delete any files held on our servers.

back to topB. Prohibited Uses of Webfusion Services

The following is a list of prohibited uses with respect to Webfusion services. This list is not meant to be all-inclusive. It is meant as a guideline of what Webfusion considers acceptable uses. Webfusion maintains the discretion to determine what is and what is not an acceptable use and to act accordingly.

1. You may not use the Webfusion services in any way that violates United States federal law, export control regulations, or any other applicable law, including without limitation applicable local, state, international and foreign laws.

2. You may not use our services to infringe the intellectual property rights of others or to transmit material that is copyrighted or otherwise protected without the owner's authorization. Customers are reminded that sharing copyright material, including without limitation through the use of peer to peer software, may constitute a criminal offence if done without permission of the rightful copyright owner. Reports of copyright infringement by a Webfusions customer should be sent to Webfusion's Designated Agent (Emma Jane Blatch) for such notices in the form proscribed by the Digital Millennium Copyright Act("DMCA"). Webfusions is not required to respond to notices that do meet the requirements of the DMCA. Misleading or improper DMCA notices may result in a lawsuit and may subject the sender to liability.

3. You may not use our services to engage in activities, or store, transfer or receive material of an indecent, offensive or otherwise illegal nature. You may not use our services for the publication of, linking to, transmitting of, or display of any unlawful, harmful, or material that Webfusion deems offensive, including without limitation pirated software, password cracking software, material that contains a virus, worm, Trojan horse, or other harmful code, or material that is obscene, pornographic, threatening, malicious, harmful, abusive, libellous, slanderous, defamatory, or which depicts acts of rape, sexual assault, bestiality, torture, disfigurement, or encourages criminal or violent acts, or for the promotion of activities prohibited by federal or other applicable law, such as gambling or conducting illegal lotteries.

4. You may not use our services to display, store, or transmit any material that constitutes, contains, or links to child pornography or which involves depictions of sexuality by someone who is or looks younger than eighteen years of age, regardless of their actual age, or which could otherwise result from or cause harm to minors or violates any laws against child pornography. You are required to install and maintain appropriate and effective screening devices to avoid access to, or communication of, any illegal, offensive, or inappropriate materials to minors.

5. You may not collect the personally identifiable data of any person without that person's consent. If you collect such data through your website, you shall do so only pursuant to a posted privacy policy disclosing any and all uses of such personally identifiable data and in compliance with applicable law.

6. You may not use our services in any manner that we would deem irresponsible or inappropriate. Webfusion deems irresponsible use of the services to include, but not be limited to, sending unsolicited e-mail ("spamming"), "phishing", "mail bombing", operating chat rooms, attempting to breach the security of a third party machine, and flooding Usenet by placing a single post in a large number of newsgroups.. The use of our network to send bulk email, whether opt-in or otherwise, and the use of bulk email to promote a site on our network, is strictly forbidden. Opt-in mailing lists are permissible, as long as you can demonstrate that subscribers actively opted-in and that a suitable opt-out mechanism is available in accordance with CAN-SPAM and other applicable law.

7. You may not use our services in any way that would disrupt, impair, or interfere with our servers or with other customers' use and enjoyment of our services. When using a quota-based service, it is your responsibility to remain within your usage quota. Webfusion reserves the right to delete files for over-quota users if disk space is affecting the normal running of the server. Should your use of our services result in an overly high load on our servers in our sole discretion, we may suspend your account until the cause of any such overload is determined and resolved, or we may terminate your account if we believe that the situation cannot be satisfactorily resolved.

8. You may not mount an attack, by whatever means, against our system, or any other systems. You may not run unauthorized mailing lists from or through any of our machines or mail servers.

9. You are prohibit from misusing resources, which includes but is not limited to employing applications that consume excessive CPU time, memory or storage space; any file you store on the Server will be reachable via a hyperlink from a page. Chat/IRC, web proxy and mailing list scripts are not allowed on our network under any circumstances. Streaming media can be a drain on web server resources and as such is not allowed. CGI based message forums which use flat file databases are often found to use excessive system resources, to avoid disappointment please use a PHP/ASP message forum. The use of web cam applications that maintain a constant FTP connection uploading an image at regular intervals is forbidden.

10. Any attempt to breach the security of our servers or of anyone else's system is strictly prohibited. Attempting to do so will result in immediate account termination and possible further legal action. Customers may not run any program that monitors network packet data or any program that compromises the privacy of network traffic.

11. You shall not use our services for anything other than operating a conventional website solely for business, artistic, entertainment, and/or educational purposes. You shall ensure that all data, visual materials, artwork, advertising and other matter is only transmitted to willing adults. You will ensure that all such transmissions comply with local laws and community standards.

back to topC.Security and privacy

The following is a list of guidelines with respect to protecting your personal information and the security of your website.

1. Login names and passwords must be kept secret and not be communicated to any third party. Webfusion must be notified immediately if they are compromised. If you forget or lose your password, you will need to contact support to have it changed.

2. You are responsible for all traffic that is sent from you server. It is therefore your responsibility to ensure that all software is virus-free and up-to-date with all relevant security patches. In particular, server software running on public-facing ports, such as mail servers and proxy servers, must not be remotely exploitable.

3. If we find malicious traffic emanating from your server, Webfusion has an obligation to its other customers to take immediate measures to block that traffic. In many cases, this can be achieved by selective port blocking, but in other cases, this will involve disconnecting and suspending your account until the issue has been resolved.

4. If you believe you or your system has been the subject of an attack originating from our network, contact us immediately at: abuse@webfusion.com

back to topD. E-mail

Webfusion reserves the right to remove any e-mail older than 60 days from shared mail servers. It is your responsibility to ensure that mail is regularly collected and removed from Webfusion's POP3 server. Webfusion strongly advises against the storage of e-mail on the server. If a mailbox contains an excessive amount of mail, Webfusion reserve the right to remove older mails from the mailbox to reduce its size. Notwithstanding anything herein to the contrary, Webfusion reserves the right to remove or delete any or all e-mails or files or suspend your account in its discretion.

back to topE. Websites

The following is a list of guidelines with respect to websites. Understanding these guidelines will help you maintain the integrity of your website and protect data contained on your website.

1. You are responsible for the content of you website, including obtaining the legal permission for any works you include and ensuring that the contents of these pages do not violate applicable law. Webfusion reserves the right, without notice or explanation, to remove material which does not comply with this AUP or our Terms and Conditions.

2. You are solely responsible for any confidential, secret, or other proprietary material made available via your website. Webfusion reserve the right to suspend any sites containing such material. Clients must be careful when using peer to peer networking software to ensure that they do not download or transfer material which they do not have the right to download or transfer.

3. You are solely responsibility for ensuring that any data is suitably backed-up. Webfusion will not keep backups of your websites or any other material or data. Webfusion will accept no responsibility whatsoever for loss of data or information resulting from the use of our services.

4. If the account is suspended for any reason, such as non-payment, access to your website, both for viewing and uploading, may also be suspended.

5. On closing an account, the relevant data on your website may be deleted.

back to topF.Undesirable Content

Certain types of content are not permitted on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software downloads may only be hosted if you are the writer and copyright owner of the software, all other software including freeware, shareware and trial software is forbidden. Audio and video downloads may only be hosted if you are the creator and copyright owner of the work.

back to topG. IP Addresses

Any IP addresses assigned to Clients are owned by Webfusion.

back to topH. Violations of this AUP

1. If, in Webfusion's sole and exclusive judgment, we conclude that you have violated any provision of this AUP, then we may, without prior notice to you and in our sole and exclusive discretion, either remove and erase the offending material from your website, and/or disable public access to the material on your website, and/or suspend or terminate your account and the services, and/or cease hosting your website, or take any other action we deem appropriate without any liability of any kind to Webfusion from either you or any third party. You agree to pay all associated fees related to the suspension, termination, and reactivation of your account and any other actions Webfusion has taken as a result of your violation of this AUP. You waive any and all claims you may have, now and forever, against Webfusion relating to any action taken as a result of your violation of this AUP or in response to the claim that you have infringed the intellectual property or other rights of a third party.

2. You agree that you shall fully defend and indemnify Webfusion, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, and their respective heirs, and assigns, from any and all claims, demands, actions, suits, losses, liabilities, damages, injuries, fines penalties, costs and expenses, attorneys' fees, arbitration fees, mediation fees, expert expenses, and all other consequences of every kind, directly or indirectly resulting from any and all failure(s) of you or your agent(s) to fully comply with all duties, obligations and other provisions set forth in this AUP, including, but not limited to, the prohibitions against violating a third party's intellectual property rights. You further agree to defend, indemnify and hold harmless Webfusion, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, and their respective heirs, and assigns, from and against any and all claims, demands, actions, suits, loses, liabilities, damages, injuries, fines, penalties, costs and expenses, including, without limitation, reasonable attorneys' fees, arising out of any property damage or recoverable economic loss incurred by a third party, to the extent such damage or loss is caused by your violation of this AUP. You agree that Webfusion shall have the right to participate in the defense of any such claim through counsel of its own choosing at your expense.

3. YOU UNDERSTAND AND ACKNOWLEDGE THAT WEBFUSION RESERVES THE RIGHT (SUBJECT TO APPLICABLE LOCAL LAW), IN ITS SOLE DISCRETION, TO MON ITOR YOUR ACCOUNT, INCLUDING BUT NOT LIM ITED TO THE USE OF YOUR ACCOUNT, FOR THE PURPOSE OF INVESTIGATING VIOLATIONS OF THIS AUP OR TO ASSIST WITH CRIMINAL OR CIVIL INVESTIGATIONS. Webfusion shall neither have nor exert any editorial or other subjective control over the substantive content of your website. Webfusion cannot be held responsible for the content of website. You are solely responsible for the content of your website.

back to topI. Amendments to this AUP

Webfusion reserves the right to amend this AUP at any time and from time to time without notice. The latest version of this AUP shall be available on Webfusion's website.

Terms and conditions