As a provider of Internet access, web site hosting, and other
Internet-related services, ProHosters offers its customers
(also known as subscribers), and their customers and users, the
means to acquire and disseminate a wealth of public, private,
commercial, and non-commercial information. ProHosters
respects that the Internet provides a forum for free and open
discussion and dissemination of information, however, when there
are competing interests at issue, ProHosters reserves the
right to take certain preventative or corrective actions. In order
to protect these competing interests, ProHosters has developed
an Acceptable Use Policy ("AUP"), which supplements
and explains certain terms of each customer's respective service
agreement and is intended as a guide to the customer's rights
and obligations when utilizing ProHosters's services. This
AUP will be revised from time to time.
One important aspect of the Internet is that no one party owns
or controls it. This fact accounts for much of the Internet's
openness and value, but it also places a high premium on the
judgment and responsibility of those who use the Internet, both
in the information they acquire and in the information they
disseminate to others. When subscribers obtain information through
the Internet, they must keep in mind that ProHosters
cannot monitor, verify, warrant, or vouch for the accuracy and
quality of the information that subscribers may acquire. For
this reason, the subscriber must exercise his or her best judgment
in relying on information obtained from the Internet, and also
should be aware that some material posted to the Internet is
sexually explicit or otherwise offensive. Because ProHosters cannot monitor or censor the Internet, and will not
attempt to do so, ProHosters cannot accept any responsibility
for injury to its subscribers that results from inaccurate,
unsuitable, offensive, or illegal Internet communications.
When subscribers disseminate information through the Internet,
they also must keep in mind that ProHosters does not
review, edit, censor, or take responsibility for any information
its subscribers may create. When users place information on
the Internet, they have the same liability as other authors
for copyright infringement, defamation, and other harmful speech.
Also, because the information they create is carried over ProHosters's network and may reach a large number of people, including
both subscribers and nonsubscribers of ProHosters, subscribers'
postings to the Internet may affect other subscribers and may
harm ProHosters's goodwill, business reputation, and
operations. For these reasons, subscribers violate ProHosters policy and the service agreement when they, their customers,
affiliates, or subsidiaries engage in the following prohibited
Spamming -- Sending
unsolicited bulk and/or commercial messages over the Internet
(known as "spamming"). It is not only harmful because
of its negative impact on consumer attitudes toward ProHosters, but also because it can overload ProHosters's
network and disrupt service to ProHosters subscribers.
Also, maintaining an open SMTP relay is prohibited. When a complaint
is received, ProHosters reserves the right to terminate any service/site that is advertised via spam regardless of where the message was sent from.
Intellectual Property Violations
-- Engaging in any activity that infringes or misappropriates
the intellectual property rights of others, including copyrights,
trademarks, service marks, trade secrets, software piracy, and
patents held by individuals, corporations, or other entities.
Also, engaging in activity that violates privacy, publicity,
or other personal rights of others. ProHosters is required
by law to remove or block access to customer content upon receipt
of a proper notice of copyright infringement. It is also ProHosters's policy to terminate the privileges of customers who
commit repeat violations of copyright laws.
Obscene Speech or Materials
-- Using ProHosters's network to advertise, transmit,
store, post, display, or otherwise make available child pornography
or obscene speech or material. ProHosters is required
by law to notify law enforcement agencies when it becomes aware
of the presence of child pornography on or being transmitted
through ProHosters's network.
Defamatory or Abusive Language
-- Using ProHosters's network as a means to transmit
or post defamatory, harassing, abusive, or threatening language.
Forging of Headers
-- Forging or misrepresenting message headers, whether in whole
or in part, to mask the originator of the message. Illegal or
Unauthorized Access to Other Computers or Networks -- Accessing
illegally or without authorization computers, accounts, or networks
belonging to another party, or attempting to penetrate security
measures of another individual's system (often known as "hacking").
Also, any activity that might be used as a precursor to an attempted
system penetration (i.e. port scan, stealth scan, or other information
Distribution of Internet Viruses,
Worms, Trojan Horses, or Other Destructive Activities
-- Distributing information regarding the creation of and sending
Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing,
or denial of service attacks. Also, activities that disrupt
the use of or interfere with the ability of others to effectively
use the network or any connected network, system, service, or
-- For information on how to file a DMCA please see the
following link and PDF. When sending a DMCA into
Carpathia Hosting, please use these guidelines and send
your completed request into
Facilitating a Violation of this
AUP -- Advertising, transmitting, or otherwise
making available any software, program, product, or service
that is designed to violate this AUP, which includes the facilitation
of the means to spam, initiation of pinging, flooding, mailbombing,
denial of service attacks, and piracy of software.
Export Control Violations
-- Exporting encryption software over the Internet or otherwise,
to points outside the United States.
Internet Relay Chat (IRC) Service
-- Carpathia Hosting does not support the hosting of IRC servers or bots.
We reserve the right to terminate any account we find hosting this material
with no notice and no refund.
-- ProHosters reserves the right not to accept postings
from newsgroups where we have actual knowledge that the content
of the newsgroup violates the AUP.
Other Illegal Activities
-- Engaging in activities that are determined to be illegal,
including advertising, transmitting, or otherwise making available
ponzi schemes, pyramid schemes, fraudulently charging credit
cards, and pirating software.
-- Engaging in activities, whether lawful or unlawful, that
ProHosters determines to be harmful to its subscribers,
operations, reputation, goodwill, or customer relations.
As we have pointed out, the responsibility for avoiding the
harmful activities just described rests primarily with the subscriber.
ProHosters will not, as an ordinary practice, monitor
the communications of its subscribers to ensure that they comply
with ProHosters policy or applicable law. When ProHosters becomes aware of harmful activities, however, it may
take any action to stop the harmful activity, including but
not limited to, removing information, shutting down a web site,
implementing screening software designed to block offending
transmissions, denying access to the Internet, or take any other
action it deems appropriate.
ProHosters also is aware that many of its subscribers
are, themselves, providers of Internet services, and that information
reaching ProHosters's facilities from those subscribers
may have originated from a customer of the subscriber or from
another third-party. ProHosters does not require its
subscribers who offer Internet services to monitor or censor
transmissions or web sites created by customers of its subscribers.
ProHosters has the right to directly take action against
a customer of a subscriber. Also, ProHosters may take
action against the ProHosters subscriber because of activities
of a customer of the subscriber, even though the action may
effect other customers of the subscriber. Similarly, ProHosters anticipates that subscribers who offer Internet services
will cooperate with ProHosters in any corrective or preventive
action that ProHosters deems necessary. Failure to cooperate
with such corrective or preventive measures is a violation of
ProHosters policy. ProHosters also is concerned
with the privacy of on-line communications and web sites. In
general, the Internet is neither more nor less secure than other
means of communication, including mail, facsimile, and voice
telephone service, all of which can be intercepted and otherwise
compromised. As a matter of prudence, however, ProHosters
urges its subscribers to assume that all of their on-line communications
are insecure. ProHosters cannot take any responsibility
for the security of information transmitted over ProHosters's
ProHosters will not intentionally monitor private electronic
mail messages sent or received by its subscribers unless required
to do so by law, governmental authority, or when public safety
is at stake. ProHosters may, however, monitor its service
electronically to determine that its facilities are operating
satisfactorily. Also, ProHosters may disclose information,
including but not limited to, information concerning a subscriber,
a transmission made using our network, or a web site, in order
to comply with a court order, subpoena, summons, discovery request,
warrant, statute, regulation, or governmental request. ProHosters assumes no obligation to inform the subscriber that
subscriber information has been provided and in some cases may
be prohibited by law from giving such notice. Finally, ProHosters may disclose subscriber information or information transmitted
over its network where necessary to protect ProHosters
and others from harm, or where such disclosure is necessary
to the proper operation of the system.
ProHosters expects that its subscribers who provide
Internet services to others will comply fully with all applicable
laws concerning the privacy of on-line communications. A subscriber's
failure to comply with those laws will violate ProHosters
policy. Finally, ProHosters wishes to emphasize that
in signing the service agreement, subscribers indemnify ProHosters for any violation of the service agreement, law, or
ProHosters policy, that results in loss to ProHosters or the bringing of any claim against ProHosters
by any third-party. This means that if ProHosters is
sued because of a subscriber's or customer of a subscriber's
activity, the subscriber will pay any damages awarded against
ProHosters, plus costs and reasonable attorneys' fees.
We hope this AUP is helpful in clarifying the obligations of
Internet users, including ProHosters and its subscribers,
as responsible members of the Internet. Any complaints about
a subscriber's violation of this AUP should be sent to abuse@Carpathiahosting.com.