Acceptable Use Policy (AUP)
UnderHost is dedicated to providing top-quality service at a very affordable price. The conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers while at the same time satisfying our legal and ethical responsibilities.
Failure to follow any condition will be grounds for immediate account deactivation without notice. UnderHost will be the sole arbiter as to what constitutes a violation of any of these provisions.
Activity that results in the suspension or deactivation of an account will include forfeiture of all fees paid. Complaints regarding abuses of an account will be investigated, and if found guilty, will be grounds for immediate suspension.
To report suspected abuses or any violations of these policies, don't hesitate to contact the management via our CustomerPanel.
Illegal Usage
Customers may use UnderHost servers for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law from housed country or regulation is prohibited. This includes but is not limited to copyrighted material, trademark, trade secret or other intellectual property rights used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat or violates export control laws of server location. Examples of non-acceptable content: Hackers programs or archives, MP3, and IRC bots. Any forum/discussion board discussing where to obtain such files or one that distributes the files is also prohibited. The subscriber to UnderHost service agrees to indemnify and hold harmless UnderHost from any claims resulting from the use of the service that damages the subscriber or any other party. UnderHost will be the sole arbiter as to what constitutes a violation of this provision.
Illegal Content
UnderHost does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with regular server operation. If your site is found to hold any phishing files, your account will be suspended, and the account holder will be issued a fee of $50 USD. When using an account with shell, you cannot run ANY servers or services on the UnderHost network. Servers are defined as perlbots, proxies, BitchX, psyBnc, root exploits, DDoS scripts, etc. Running any of these will face an immediate suspension, and users will be subject to a fine no less than $50.00 and no more than USD 100.00. UnderHost reserves the right to terminate any account for these activities also.
Software Distribution
UnderHost's web hosting accounts should not be used to distribute software and multimedia products. If you wish to distribute software and/or multimedia files, please get in touch with our sales for special arrangements.
File Usage and Storage
UnderHost web hosting accounts should not be used to distribute and/or store an unusual amount of files. We are a web hosting service, not a remote file storage service. Any website whose disk space usage for storing the files exceeds 70% of its total usage, either in terms of full size or number of files, will be deemed to be using an unusual amount of files. At that point, if we find that those files are illegal or harmful in any way, you will be notified. If you do not have any harmful intentions, such as causing harm to our server or others with the files you keep, you have nothing to worry about.
Chat Rooms
UnderHost does not provide or allow chat rooms on shared hosting environments. You may select a dedicated server to run a chat room efficiently.
IRC
UnderHost does not allow IRC or IRC bots to be operated on our shared or reseller servers. They are allowed on dedicated servers provided that no adverse effects occur to our network.
Security
Users are prohibited from violating or attempting to violate the security of the UnderHost Network. Violations of system or network security may result in civil or criminal liability. UnderHost will investigate occurrences, which may involve cooperation with law enforcement authorities in prosecuting users involved in such violations. These violations include, without limitation:
- Accessing data not intended for such user or logging into a server or account, which such user is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding," "mailbombing," or "crashing."
- Forging any TCP/IP packet header or any part of the header information in any email or forum posting.
- Taking any action to obtain services to which such user is not entitled.
- Sharing your account with your friends is prohibited obviously for security reasons. You are responsible for the data on your account.
- Attempting to couple many hosting packages together to take advantage of massive space or bandwidth allocations.
- Each hosting package purchased is unique to a domain name and use - you are not purchasing multiple plans to obtain combined bandwidth & space. We have an upgrade path for all services, and we can often work out special deals for users if they ask us for assistance. UnderHost will stop such transactions and label them as deceptive.
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Server Abuse
Any attempts to undermine or cause harm to a UnderHost server or customer of UnderHost are strictly prohibited. Any sub-networks of UnderHost and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines is grounds for account deactivation. We reserve the right to remove any account without prior notice.
Free Hosting Sites
UnderHost believes in the freedom of hosting. We allow our users to run Free Hosting sites, though for having lots of abuses and resources delegation, UnderHost reserves the right to limit an account if the abuse department approves the account as a "FREE HOSTING PROVIDER." Usually, for a free hosting provider, a 200 domains limit is eligible if and only if the provider is a TLD Free domain hosting provider. If the provider is a subdomain hosting (FREE), the limit is usually set to 100 domains. We do not block free hosting services like other hosting providers, though this policy is applied for abuse and resource limitation on a premium server.
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 is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as using Free For All links pages). The use of UnderHost's service requires a certain level of knowledge in Internet languages, protocols, and software. This level of knowledge varies depending on the client's anticipated use and desired content of the webspace. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools and Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that they have the necessary knowledge to create and maintain their web space. The client agrees that it is not the responsibility of UnderHost to provide this knowledge or support outside matter specific to UnderHost servers.
Backups
UnderHost takes extreme steps to maintain system integrity. However, UnderHost shall not be held responsible for data loss due to any cause. To ensure the highest level of data protection, UnderHost recommends that ALL information be backed up on your computer or offsite backup we offer. As with any data that you hold a high importance to, it should be in more than one location at all times. All UnderHost data backups are designed against hardware failure, not customer user error.
Actions
The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. UnderHost will be the sole arbiter as to what constitutes a violation of the AUP. UnderHost reserves the right to remove any account without prior notice.
If UnderHost becomes aware of an alleged violation of its AUP, UnderHost will initiate an investigation. UnderHost may restrict a customer's access to the inquiry to prevent further potentially unauthorized activity. Depending on the severity of the violation, UnderHost may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such a violation is a criminal offence, UnderHost will notify the appropriate law enforcement authorities of such a breach.
UnderHost does not issue credits for outages incurred through service disablement resulting from AUP violations.
UnderHost customers agree to indemnify and hold harmless UnderHost from any claims resulting from the use of our services that damages them or any other party. The UnderHost service is provided on an as-is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. UnderHost expressly disclaims any representation or warrant that the UnderHost service will be error-free, secure or uninterrupted. No oral advice or written information given by UnderHost, its employees, licensors or the like will create a warranty; nor may you rely on any such information or advice. UnderHost and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Modification
UnderHost reserves the right to add, delete, or modify any provision of this policy at any time without notice.
Refusal of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion. An example of refusal of service is if an account continues to abuse our policies after warnings. Denial, cancellation or suspension of services especially holds to issues with spam or any script abuse. Another example of refusal of service is if a customer becomes very unreasonable, unprofessional, extremely difficult to work with or threatening. Said customer's account will be suspended, and we will recommend that the customer find a new host. A backup of the account(s) will be provided.
Resource Abuse Policy (RAP)
Any website on our shared servers that uses a high amount of server resources (CPU, memory usage, and network resources) will be given an option to pay for a dedicated server. The abuse and misuse of system resources is a serious problem, and UnderHost does not tolerate it. Accounts on a shared server must be shared with other users, limiting how much anyone can use CPU and memory.
Excessive CPU & memory usage by one or more clients causes extreme slowness in all areas: MySQL, Email, HTTP and more. If a few clients' CPU & memory usage gets out of hand, all sites hosted on the machine will return Errors and not be accessible in any way. In all fairness, we cannot allow one or two clients to use all the system resources on a shared machine and have all other clients suffer because of it.
AVERAGE SERVER RESOURCE LIMITS ON SHARED HOSTING and OFFSHORE HOSTING
Memory & CPU allocation are listed on each of our packages, and these limits are done to avoid overloading our server. If your account gets 408 resource limit errors too often, you should upgrade the plan to get more resources. We also limit 350 emails per hour per domain, and if your failed message goes over a 50% threshold, we will deactivate the email address sending ability while we investigate to protect your account and avoid spam on our networks.
There are notable exceptions to these rules to be determined when we discover abuse. There are different combinations of usage that can create problems and other exceptional cases. When a server is unstable, and an account is found to be the cause, we reserve the right to suspend the account to keep the server online and operating normally. If the usage increases, we recommend the user invest in a cloud, dedicated server or at least a VPS so the website can regularly grow without restriction.