Acceptable Use Policy
ClearBearing, Inc. (“ClearBearing”) seeks to maintain its reputation as a high-quality web hosting company. Accordingly, it is important to us that our customers use our services both responsibly and courteously. The following identifies unacceptable uses of ClearBearing’s Web Hosting Services, which will result in suspension and/or termination of the customer’s account:
- Affronts to Etiquette Unacceptable activities include spamming (sending unsolicited advertising to those with which the customer has no existing business relationship, posting off-topic advertising in newsgroups, or cross-posting); spoofing (using a return email address which is not the valid reply address of the sender or sending an email message which does not contain enough information to enable the recipient to identify the party who is sending the message; passive spamming (promoting a web site hosted by ClearBearing by spamming from some other source), trolling (posting controversial messages in newsgroups to generate responses), mailbombing (inundating a user with email without any serious intent to correspond), generating a higher volume of outgoing mail than a normal user (over 10% of available system resources), and subscribing someone else to an electronic mailing list without that person’s permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distributed unsolicited email. Any customer repeatedly “mailbombed” or that attracts such behavior will find their account terminated.
- Age The client must be 18 years of age or older to obtain ClearBearing’s Web Hosting Services.
- Abuse of the Legal Rights of Others Examples of unacceptable activities in this regard include posting private information about a person without their consent, infringing intellectual property rights, defaming a person or business, and knowingly making available code which will have a deleterious effect on third party computers. ClearBearing supports free speech on the Internet and will not suspend or cancel a customer’s account simply because it disagrees with the views expressed by the customer. Where there are allegations that a customer’s online activity has violated the legal rights of a third party, ClearBearing will not substitute itself for a court of law in deciding tort claims raised by the third party.
- Abuse of the Law ClearBearing Web Hosting Services may be used for lawful purposes only. Illegality includes, but is not limited to: drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEGs, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law such as the Electronic Communications Privacy Act , the Computer Fraud and Abuse Act , or the Economic Espionage Act. Linking to illegal material is also prohibited. ClearBearing Web Hosting Solutions reserves the right to check system files, email, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary.
- Pornography Pornography, sex-related merchandising, or links to such material, even if legal, is not an acceptable use of ClearBearing Web Hosting Services.
- Abuse of Server Resources Running programs in the background on our servers without prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, more then 1000 emails a day and the like are not acceptable uses of ClearBearing’s servers. Usage of scripts or other utilities to direct pointed domain names to subdirectories outside of ClearBearing’s existing subdomain infrastructure is not permitted and is grounds for termination of the account.
- ClearBearing reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution.
- The following examples of unacceptable behavior are non-exclusive, and are provided for guidance purposes. If you are unsure if your actions will be a violation of our policies please contact firstname.lastname@example.org:
- Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network.
- Attempts to circumvent any user authentication or security of host, network, or account.
- Accessing data not intended for user.
- Probing the security of any network.
- Spawning dozens of processes.
- Port scans, ping floods, packet spoofing, forging router information,
- Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land, teardrop.
- Promulgation of viruses.
- IRC bots such as eggdrop.
Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken. The presence of any of these programs, whether or not run, will result in action against the user including suspension or termination.
- Client Responsibility The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client assumes responsibility for all material on their site that may be put on by a third party.
- Limitation of Liability
- ClearBearing shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from our servers going off-line or being unavailable for any reason whatsoever. Further, ClearBearing shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of ClearBearing’s servers. All damages shall be limited to the immediate termination of service.
- ClearBearing shall be the sole arbiter of what is and is not a violation of these acceptable use policies. ClearBearing reserves the right to terminate an account at any time and for any reason that causes harm to any ClearBearing customer’s web sites. ClearBearing reserves the right to delete all content and files upon termination. ClearBearing reserves the right to refuse, cancel, or suspend service at our sole discretion.
ClearBearing reserves the right to change the Acceptable Use Policy without prior notice or warning. Non-enforcement of any part of the Acceptable Use Policy does not constitute consent.
Failure to follow any term or condition will be grounds for immediate account termination and loss of any paid fees.