Acceptable Use Policy

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WebSharx Florida’s Acceptable Use Policy (AUP) describes the proper kinds of conduct and prohibited uses of WebSharx Florida’s hosting services (the “Services”). This AUP is not exhaustive and WebSharx Florida reserves the right to modify this AUP at any time, effective upon posting of the modified AUP at: https://websharx.us/acceptable-use-policy/.

By registering for and using the Services, and thereby accepting the terms and conditions of this AUP, you agree to abide by these conditions as modified from time to time. Any violation of the AUP may result in the suspension or termination of your account or such other action as WebSharx Florida deems appropriate.

Server Abuse

Any attempt to undermine or cause harm to a server, or customer, of WebSharx Florida is strictly prohibited.

Unauthorized use of other people’s accounts or computers is strictly prohibited. WebSharx Florida will strongly react to any use, or attempted use, of an internet account or computer without the owner’s authorization. Such attempts include internet scamming, password theft, and security hole scanning.

Any unauthorized use of accounts or computers by a WebSharx Florida customer, whether or not the attacked account or computer belongs to WebSharx Florida, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

Important note: WebSharx Florida has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below without warning or prior notice. No refunds of fees paid will be made if account termination is due to violation of the terms outlined in this AUP.

Customers may not run IRC, bots or clients on WebSharx Florida’s servers. Unacceptable uses also include, but are not limited to: bulk emailing, unsolicited emailing, newsgroup spamming, pornographic or adult content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and any other use determined by WebSharx Florida to be unacceptable use of WebSharx Florida’s services including abuse of server resources.

All hosting accounts may be terminated that include the following content or which have links to the following content:

Material that is grossly offensive to the web community including blatant expressions of bigotry, racism or hatred.
Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
Displaying material that exploits children under 18 years of age.
Acts of copyright infringement including offering pirated programs or links to such programs, information used to circumvent copy protection, serial or registration numbers, or cracker utilities
Exporting encryption software over the internet or otherwise to points outside the United States.
Distributing information regarding the creation or sending of internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. This includes activities that disrupt or interfere with the ability of others to effectively use the network or any connected system, service, or equipment.
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, including tools that facilitate spam, pinging, flooding, mailbombing, denial of service attacks, or software piracy.

Any account that is deactivated by the abuse team will be charged the following reactivation fees:

This fee will be waived only if it is determined by the abuse team that the account was disabled without cause. WebSharx Florida reserves the right to decide what it considers server abuse.

Unsolicited Email (Spam)

Unsolicited commercial advertisements are not allowed in email and will likely result in account cancellation. WebSharx Florida takes a zero tolerance approach to spam originating from our servers or spam advertising of domains hosted on our servers.

The following activities are not allowed:

Unsolicited bulk or commercial messages. These include bulk mailing of commercial advertising, announcements, charity requests, petitions, and political or religious tracts. Such messages may only be sent to recipients who have explicitly requested them from your domain.
Forging, altering, or removing electronic mail headers. Any domain sending stealth spam will be terminated without warning and without refund.
Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account.
Spamming newsgroups or mailing lists. Inappropriate posting may result in account cancellation.
Using mail to harass or intimidate others. If a recipient asks to stop receiving email, you must not send further messages.
Providing spamware or links to sites providing spamware.

Note: If you use the services of another provider to promote a website hosted by or through WebSharx Florida, the provisions of this Policy apply as if the spam were sent through our servers.

Penalty: Depending on the severity of your spamming, WebSharx Florida reserves the right to charge between $1.00 and $100.00 per spam sent through our network. Your website content may also be confiscated and will not be returned.

Server Resource Abuse

Shared hosting accounts are limited in the use of server resources. Abuse includes any process or service usage that affects normal shared server operation, resources, or connectivity, and causes a server to become overloaded. Shared server resources include CPU and memory usage, number of concurrent processes, number of concurrent port or database connections, and total bandwidth.

Possible causes include, but are not limited to, the use of CGI, Perl, Sendmail, MySQL, MSSQL, PHP, ASP, CFML, HTTP, SMTP, POP3, and FTP. If abuse is detected, actions may include disabling the offending script or service, disabling the account, or account cancellation. If server overload results from resource abuse, these actions may be taken without prior notice.

Adult Content

Adult content, pornography, and sex-related merchandising are prohibited within the WebSharx Florida network. This includes sites that infer sexual content or link to adult content elsewhere. WebSharx Florida reserves the right to decide what it considers adult content or sexually explicit material.

Child Pornography

Our policy on child pornography is zero tolerance. WebSharx Florida will cooperate fully with any criminal investigation into a customer’s violation of the Child Protection Act concerning child pornography. Customers are responsible for the actions of their clients over the WebSharx Florida network and will be liable for illegal material posted by their clients.

IRC

Any kind of IRC clients or bots are strictly forbidden. Violation may result in immediate account termination.

Excessive Use and Overages

You will not exceed the bandwidth, storage, and email usage limits of your hosting package. In the case of unmetered bandwidth, WebSharx Florida may elect to re-negotiate terms if usage is determined to be extraordinary. If you exceed agreed limits, WebSharx Florida may assess additional charges. Corrective actions will not include refunds of unused pre-paid fees. You are responsible for any unauthorized access to your account resulting in overages.

Right to Audit

WebSharx Florida reserves the right to audit all accounts for integrity and security to protect our hardware and network. Customers must maintain strong security at all times. WebSharx Florida may audit your passwords for adequate strength. If your password fails the audit, you will have 24 hours to change it, otherwise we may change it for you.

Right of Inspection

WebSharx Florida reserves the right to monitor activity on our servers and network for integrity, security, performance, and good business practices. By ordering an account, you consent to such monitoring of files, applications, internet traffic, and any other content uploaded or received through the WebSharx Florida network or servers.

Any attempt to circumvent or bypass our ability to accurately monitor our services is prohibited and can result in termination of services without refund. WebSharx Florida will adhere to its Privacy Policy when monitoring its network. Customers will be notified before action is taken unless WebSharx Florida deems the issue an emergency requiring immediate action.

Payment Policies

WebSharx Florida requires payment terms of Net 10 unless otherwise agreed. Accounts not brought current will be assessed a 1.5 percent finance charge, with a minimum charge of $3.00. The annual percentage rate for past due accounts is 18 percent.

Setup fees are non-refundable. Pricing is guaranteed for any term of pre-payment. WebSharx Florida reserves the right to change prices at any time unless other terms have been agreed upon. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies WebSharx Florida to request termination of services. All payment is in U.S. currency. WebSharx Florida will bill $60.00 per returned check and per credit card chargeback.

Cancellation

WebSharx Florida reserves the right to cancel service at any time. Fees paid in advance of cancellation may, at our sole discretion, be prorated and refunded if WebSharx Florida institutes its right of cancellation. Any violation of policies that results in extra costs will be billed to the customer. If this Agreement is terminated due to any violation of this AUP, any pre-payments, fees, or costs will not be prorated or returned.

Liability and Obligations on Cancellation

If the Agreement expires or is canceled for any reason, WebSharx Florida is not liable for compensation, reimbursement, or damages on account of loss of prospective profits, anticipated sales, goodwill, or expenditures made in connection with your business.

If you terminate this Agreement, you remain responsible for any fees and costs accrued before the termination date and any other amounts owed under this Agreement

IP Address Overlap

WebSharx Florida administers the network on which customer servers reside. Customers cannot use IP addresses that were not assigned by WebSharx Florida staff. Any server found using unassigned IPs will be suspended from network access until corrected.

Material and Product Requirements

You must ensure that all material and data placed on WebSharx Florida’s equipment is server ready. WebSharx Florida will make no effort to validate information for content, correctness, or usability. If your material is not server ready, WebSharx Florida may reject it and will notify you so you can modify it. Use of the Services requires a level of knowledge in internet languages, protocols, and software. You must have the necessary knowledge to create and maintain a website. WebSharx Florida does not provide this knowledge or support outside of the Services.

Intellectual Property Rights

Material accessible through WebSharx Florida’s Services may be protected under copyright, trademark, trade secret, or other laws. Except when expressly permitted by the rights owner, you must not use WebSharx Florida or its network in a manner that would infringe or misappropriate any such rights. If you use a domain name in connection with WebSharx Florida or similar service, you must not use that domain name in violation of any third party rights.

Network Security

Customers may not use the WebSharx Florida network in an attempt to circumvent user authentication or security of any host, network, or account. This includes accessing data not intended for the customer, logging into a server or account without authorization, password cracking, probing other networks for weakness, or violating any other organization’s security policy. Customers may not attempt to interfere with or deny service to any user, host, or network. WebSharx Florida will cooperate fully with investigations of violations and with law enforcement authorities. Users who violate system or network security may incur criminal or civil liability. You are responsible for security breaches affecting servers or accounts under your control. If your server or website is involved in an attack or unauthorized access, WebSharx Florida will shut it down immediately. You will pay any charges resulting from correcting security breaches affecting WebSharx Florida or any of its customers.

Electronic Commerce

You are solely responsible for the development, operation, and maintenance of your online store and products, including:

The accuracy and appropriateness of content and materials.
Ensuring content does not violate third party rights.
Ensuring content is not libelous or illegal.
Calculation and application of shipping and sales tax.
Accepting, processing, and fulfilling customer orders, and handling customer inquiries or complaints.

You are responsible for the security of any customer credit card numbers and related information you may access. You will keep all such information confidential and use the same degree of care you use with your own confidential information.

Static and Dynamic Content Caching

You expressly grant to WebSharx Florida a license to cache the entirety of your website, including third party content, hosted by WebSharx Florida under this Agreement. You agree that such caching is not an infringement of any intellectual property rights.

IP Address Ownership

WebSharx Florida shall maintain and control ownership of all IP numbers and addresses that may be assigned to you and reserves the right to change or remove any such IP numbers and addresses.

Domain Name Registration

Customer agrees to pay WebSharx Florida prior to the effectiveness of the desired domain name registration the then current amounts for the initial registration and any renewals. All fees are non-refundable even if the domain is suspended, canceled, or transferred before the end of the term. We may change fees or institute new fees at any time.

A requested domain name will not be registered until payment is received and confirmed by email. In the event of a chargeback, the domain may be transferred to WebSharx Florida as the paying entity. Reinstatement is at our discretion and subject to receipt of the fee and any reinstatement charge.

Copyright Infringement

Digital Millennium Copyright Act

Notice and procedure for making claims of copyright infringement. Under 17 U.S.C. 512, notifications of claimed copyright infringement on the WebSharx Florida system or website should be sent only to our Designated Agent.

Designated Agent:

Your notification must include:

Physical or electronic signature of a person authorized to act on behalf of the copyright owner.
Identification of the copyrighted work claimed to have been infringed or a representative list if multiple works are involved.
Identification of the material that is claimed to be infringing that should be removed or access disabled and information reasonably sufficient to locate the material.
Information reasonably sufficient to allow us to contact you.
A statement that you have a good faith belief that use of the material is not authorized.
A statement that the information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner.

Lawful Purpose

WebSharx Florida reserves the right to refuse service to anyone. Customers may use WebSharx Florida’s servers only for lawful purposes. Transmission of any material in violation of any Federal, State, or Local regulation is prohibited. The designation of materials as prohibited is at the discretion of WebSharx Florida management. For venue and jurisdiction, this Agreement is entered into and performed in Pasco County, Florida, and any dispute will be litigated or arbitrated in Pasco County Courts. In no event shall WebSharx Florida’s maximum liability exceed five hundred dollars.

Indemnification

Customer agrees to defend, indemnify, save, and hold WebSharx Florida harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney fees, asserted against WebSharx Florida that may arise from any service provided or product sold by Customer or its agents. This includes injury to person or property, infringement claims, and defective products.

Disclaimer

WebSharx Florida will not be responsible for any damages your business may suffer. WebSharx Florida makes no warranties of any kind, expressed or implied, for services we provide. This includes loss of data resulting from delays, non deliveries, wrong delivery, and any service interruptions. WebSharx Florida reserves the right to revise its policies at any time. All sub networks, resellers, and dedicated servers of WebSharx Florida must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate account deactivation.