ACCEPTABLE USE POLICY
Last updated: November 2, 2022
This Acceptable Use Policy (“AUP”) governs your use of our Services and is incorporated by reference into Somtico Web’s Terms of Service. Unless otherwise stated, defined terms in this AUP have the meanings provided in the Terms of Service. Somtico Web may modify this AUP at any time without notice.
The Services provided by Somtico Web may only be used for lawful purposes. You agree to comply with all applicable laws, rules, and regulations in connection with your use of our Services. Somtico Web reserves the right to refuse service to anyone. Any material that in our judgment violates this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to an email from our abuse department within the specified period in our email to you may result in the suspension or termination of the Services.
You are responsible for the activities of your agents, representatives, and end-users (“Users”) and will they abide by this AUP. Our Services shall be used solely for legitimate business and commercial purposes, and you shall not use our Services for activities which, in Somtico Web ‘s sole discretion, may be illegal, offensive, abusive, or in a manner that interferes with or adversely affects the Services or use of the Services (including deliberate attempts to overload a system and broadcast attacks) or that would expose Somtico Web to criminal or civil liability.
Prohibited Uses
Users are prohibited from using our services for the following purposes:
Infringement of Intellectual Property Rights
Use of our Services to infringe upon another party’s intellectual property rights is prohibited. This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. Selling or offering to sell any counterfeit merchandise will result in the immediate termination of your account. Any account found to be infringing on the intellectual property rights of others will be expeditiously removed or access to the material will be disabled. Any account found to be in repeated violation of this prohibition will be suspended or terminated.
If you believe that your intellectual property rights are being infringed upon, please email Somtico Web Support.
Using a Shared Account as a Backup/Storage Device
You may not use a shared hosting account as a backup/storage device with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
Unacceptable Material
The following materials/contents are unacceptable and prohibited for use on our services:
Adult Content
Somtico Web has a zero-tolerance policy in effect for adult content. We do not allow any content considered “adult material” on our servers. This includes any type of media that may contain nudity, partial nudity, or anything else of adult nature determined in Somtico Web’s sole discretion. Violators of this policy will be immediately terminated without a refund.
Child Pornography
Content that is potentially harmful to minors, as determined by Somtico Web’s sole discretion, is strictly forbidden, including but not limited to, child pornography or content perceived to be child pornography. Any website found to host child pornography or linking to child pornography will be suspended immediately without notice.
Other Prohibited Contents
Additional prohibited content is outlined below –unacceptable material on our servers includes without limitation:
- Topsites
- Any website related to Cannabis, CBD is strictly forbidden.
- IRC Scripts/Bots
- IRCD (irc servers)
- Proxy Scripts/Anonymizers
- Image Hosting Scripts (similar to Photobucket or Tinypic)
- AutoSurf/PTC/PTS/PPC sites
- IP Scanners
- Bruteforce Programs/Scripts/Applications
- Mail Bombers/Spam Scripts
- Banner-Ad services (commercial banner ad rotation)
- File Dump/Mirror Scripts (similar to rapidshare)
- Commercial Audio Streaming (more than one or two streams)
- Escrow/Bank Debentures
- High-Yield Interest Programs (HYIP) or Related Sites
- Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
- Sale of any controlled substance without prior proof of appropriate permit(s)
- Prime Banks Programs
- Lottery/Gambling Sites
- MUDs/RPGs/PBBGs
- Hacker focused sites/archives/programs
- Sites promoting illegal activities
- Forums and/or websites that distribute or link to warez/pirated/illegal content
- Bank Debentures/Bank Debenture Trading Programs
- Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
- Mailer Pro
- Push button mail scripts
- Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
- Tell A Friend Scripts
- Anonymous or Bulk SMS Gateways
- Bitcoin Miners
- PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate progams, etc)
- Hacking, phishing, spamming, scamming, identity theft, fraud, forgery, deception, virus or malware distribution, network attacks, and interference with any other user’s use of the Services.
- The unauthorized access, monitoring, collection, or use of data, systems, or networks.
- Transmitting, distributing, or storing illegal or fraudulent information or material or information or material that will infringe or otherwise violate any privacy, intellectual property, publicity or other personal rights including, any copyright, patent, trademark, trade secret or other proprietary right.
- Engaging in offensive activities such as harassment or transmitting or distributing content that is inappropriate, obscene, defamatory, threatening, abusive, that advocates violence, or that violates a law, regulation, or public policy.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our Terms of Service or this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice.
In addition, you and your Users must comply with all applicable laws, rules and regulations related to your use of our Services, specifically including data protection and privacy laws, as well as laws relating to unsolicited commercial electronic messages.
Somtico Web Hosting & Design's Rights
Somtico Web reserves the right at all times to investigate any actual, suspected, or alleged violations of this AUP. You shall reasonably cooperate with Somtico Web in investigating and correcting any actual or alleged breach of this AUP by yourself of any User. Somtico Web further reserves the right to cooperate with legal authorities and third parties in investigating any alleged violations of this AUP, including disclosing the identity of any User that Somtico Web believes is responsible for such violation. Somtico Web may implement technical mechanisms to prevent AUP violations.
Nothing in this AUP shall limit Somtico Web’s rights and remedies at law or in equity that may be available.
Disclaimer
Somtico Web is under no duty to monitor user’s activities, and Somtico Web disclaims any responsibility for any User’s misuse of the Services. Somtico Web has no responsibility for any User or other third-party material, or information created, stored, maintained, transmitted or accessible on or through the Services, and is not obligated to monitor or exercise any editorial control over such material. In the event that Somtico Web becomes aware that any such material violates this AUP and/or exposes Somtico Web to civil or criminal liability, Somtico Web may, but is not required to, block access to such material. Unless otherwise stated in this AUP, Somtico Web disclaims any obligation to any person who has not entered into an agreement with Somtico Web for use of the Services.
AUP Violations
Your Services may be terminated with or without notice upon any violation of this AUP. If applicable, violations will be reported to the appropriate law enforcement agency.
A failure to respond to an email from our abuse department within forty-eight (48) hours, or as otherwise specified in the email, may result in the suspension or termination of your Services.
If you feel you have discovered a violation of our AUP please report it to Somtico Web Support.