Acceptable Use Policy (AUP)

esbhost.com 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 whilst at the same time satisfying our legal and ethical responsibilities.

Failure to follow any condition will be grounds for immediate account deactivation without notice. esbhost.com will be the sole arbiter as to what constitutes a violation of any of these provisions.

Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made 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, please contact management.

Illegal Usage
esbhost.com servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. Any type of forum/discussion board discussing where to obtain such files or one that distributes the files is also prohibited. The subscriber to esbhost.com service agrees to indemnify and hold harmless esbhost.com from any claims resulting from the use of the service that damages the subscriber or any other party. esbhost.com will be the sole arbiter as to what constitutes a violation of this provision.

Illegal Content
esbhost.com does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation. No warez is allowed. Web proxies are not tolerated. This includes NPH-Proxy, and web proxy. If your site is found to hold any proxy 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 are not allowed to run ANY servers or services on the esbhost.com network. Servers are defined as perlbots, proxies, BitchX, psyBnc, root exploits, DDoS scripts, Shoutcast servers, etc. Running any of these will face an immediate suspension, and users will be subject to a fine no less than $50.00 USD, and no more than $100.00 USD. esbhost.com reserves the right to terminate an account for these activities also.

Software Distribution
esbhost.com’s web hosting accounts are not to be used for the purposes of distributing software and multimedia products. If you wish to distribute software and/or multimedia files, please contact our sales for special arrangement.

File Usage and Storage
esbhost.com web hosting accounts are not to be used for the purposes of distributing and/or storing an unusual amount of files. We are a web hosting service not a remote file storage service. Any web site whose disk space usage for storing the files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be using 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 negative intentions such as causing harm to our server or to others with the files you keep, then you have nothing to worry about.

Chat Rooms
esbhost.com does not provide nor allow chat rooms on shared hosting enviroments. You may elect for a dedicated server to run a chat room efficiently.

IRC
esbhost.com 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 negative effects occur to our network.

Security
Users are prohibited from violating or attempting to violate the security of the esbhost.com Network. Violations of system or network security may result in civil or criminal liability. esbhost.com will investigate occurrences, which may involve cooperation with law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

1) Accessing data not intended for such user or logging into a server or account, which such user is not authorized to access,
2) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,
3) Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”,
4) Forging any TCP/IP packet header or any part of the header information in any e-mail or forum posting,
5) Taking any action in order to obtain services to which such User is not entitled,
6) Attempting to couple many hosting packages together to take advantage of massive space or bandwidth allocations,
Each hosting package purchased is unique to a do main name and use - you are not allowed to purchase multiple plans to obtain combined bandwidth & space. esbhost.com will stop such transactions and label them as deceptive. We have an upgrade path for all services and we can often times work out special deals for users if they ask us for the assistance.

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 of 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 esbhost.com server or customer of esbhost.com is strictly prohibited. Any sub-networks of esbhost.com and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.

Free Hosting Sites
esbhost.com believes in the freedom of hosting. We do allow our users to run Free Hosting sites, though for having lots abuses and resources delegation esbhost.com reserves the rights to set a limit over an account if 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) then the limit is set to 100 domains usually. We do not block free hosting services like other hosting providers though, for abuse and resource limitation on a premium server this policy is applied.

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 the usage of Free For All links pages). Use of esbhost.com ’s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. 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 as well as 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 he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of esbhost.com to provide this knowledge or support outside matter specific to esbhost.com servers.

Backups
esbhost.com takes extreme steps to maintain system integrity. However, esbhost.com shall not be held responsible for loss of data due to any cause. To ensure the highest level of data protection, esbhost.com recommends that ALL information be backed up on your own computer. As with any data that you hold a high importance to, it should be in more than one location at all times. All esbhost.com 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. esbhost.com will be the sole arbiter as to what constitutes a violation of the AUP. esbhost.com reserves the right to remove any account without prior notice.

When esbhost.com becomes aware of an alleged violation of its AUP, esbhost.com will initiate an investigation. During the investigation, esbhost.com may restrict a customer’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, esbhost.com may, at its sole discretion, restrict, suspend, or terminate a customer’s web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, esbhost.com will notify the appropriate law enforcement authorities of such violation.

esbhost.com does not issue credits for outages incurred through service disablement resulting from AUP violations.

esbhost.com customers agree to indemnify and hold harmless esbhost.com from any claims resulting from the use of our services that damages them or any other party. The esbhost.com 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. esbhost.com expressly disclaims any representation or warranty that the esbhost.com service will be error-free, secure or uninterrupted. No oral advice or written information given by esbhost.com, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. esbhost.com 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
esbhost.com 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. Refusal, cancellation or suspension of services especially holds true 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 to the customer to 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 esbhost.com does not tolerate it. Accounts on a shared server must be shared with other users, so we must limit how much of the CPU and memory that can be used by any one account.

In all fairness, we cannot allow one or two clients to use all of the system resources on a shared machine and have all other clients suffer because of it. Excessive CPU & memory usage by one or more clients causes extreme slowness in all areas: MySQL, Email, HTTP and more. If the CPU & memory usage by a few clients gets out of hand, all sites hosted on the machine will return errors and not be accessible in any way.

AVERAGE SERVER RESOURCE LIMITS
Memory usage may not exceed 10% per domain/file/application
CPU usage may not exceed 20% per domain/file/application
Apache connections may not exceed 30 connections
15 MySQL maximum user connections allowed
350 emails per hour, per domain

There are special exceptions to these rules to be determined at the time we discover abuse. There are different combinations of usage that can create problems and other special cases. At any given time 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 is an increasing trend, we recommend the user invest in a dedicated server so the website can grow at a normal rate without restriction.

Service Level Agreement (SLA)

Coverage
This web site availability service level agreement (SLA) applies to you if you have ordered any hosting plan (”service”) and you are in good financial standing with esbhost.com.

Service Level
esbhost.com endeavors to have network connectivity available for http access by third parties 99.9% of the time (”web site availability”).

Credits
In the event that there is no web site availability, esbhost.com will credit the monthly service charge for the service as calculated below and as measured 24 hours a day in a calendar month. The maximum credit is not to exceed the monthly service charge for the affected month:

Web site availability credit
95% to 99.4% = 25%
90% to 94.9% = 50%
89.9% or below = 100%

In order for you to receive a credit on your account, you must request such credit within seven (7) business days after you experienced no web site availability so that we may check our stats and your stats. You must request credit by sending an electronic mail message to our sales. For security, the body of this message must contain your domain name, the dates and times of the unavailability of your web site, and such other customer identification requested by esbhost.com. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event that there is no web site availability.

Restrictions
Credits shall not be provided to you in the event that you have no web site availability resulting from (i) scheduled maintenance, (ii) your behavior or the performance or failure of your equipment, programs or applications, or (iii) circumstances beyond esbhost.com’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your Web Site.

Limitations
Online problems occur continuously. There might come a time when you cannot access your website or any other service. This is not necessarily due to esbhost.com. Perhaps your ISP is experiencing technical difficulties, or there might be a routing problem between your ISP and the data center utilized and maintained by esbhost.com, making communication difficult or impossible. We cannot bear the responsibility of such problems. Our monitoring agents determine the uptime of our service, and not any one client’s experience. DEDICATED SERVER RESTORE
esbhost.com is not responsible for the restoration of data to server. We strongly recommend that your purchase backup options for your server, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occur, you the client, are responsible for data restoration. esbhost.com shall not be liable for loss of data under any circumstance.

Hardware Replacement
Hardware replacement will occur within 1 - 8 hours of the reported problem, esbhost.com will refund 5% of the monthly fee per additional 8 hours of down time (up to 100% of customer’s monthly fee). In order to reduce replacement hardware downtime, we keep a certain quantity of pre-built systems on hand to swap out hard disks so that your server can be back up in the shortest amount of time. For hard disk failures, we keep pre-installed drives with our standard partitioning for immediate deployment. In order to request a SLA hardware violation credit, you must within 10 days of reported violation contact our sales. SLA violations will be reviewed by our personnel Monday - Friday 9AM to 5PM GMT. *Hardware SLA violations do not cover network violation*

Privacy Policy

By accessing or using the esbhost.com web site, you agree to the terms of the esbhost.com Privacy Policy, as outlined below. If you do not agree to these terms, please do not access or use this site. esbhost.com reserves the right to change its Privacy Policy from time to time at its sole discretion. Your use of this site will be subject to the most current version of the Privacy Policy at the time of such use.

Collection of personal information
When you engage in certain activities on this site, such as ordering products, downloading software, or entering contests, esbhost.com may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, esbhost.com may ask that you provide us personal information, such as your first and last name, mailing address (including zip code), e-mail address, employer, job title and department, telephone and facsimile numbers, and other personal identifying information. When ordering products or services on the site, you may be asked to provide a credit card number. Depending upon the activity, some of the information that we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.
In the process of administering our site, we maintain and track usage through Web server logs. Web server logs provide such information as what types of browsers are accessing our site, what pages receive high traffic, and the times of day our servers experience significant load. We use this information to improve the content and navigation features of our site. It is not used to personally identify you.

How your personal information is used
esbhost.com collects your information in order to record and support your participation in the activities you select. The information that you provide is also used as part of our effort to keep you informed about special offers and other products and services of esbhost.com and selected third parties.

How we share your personal information
We will not sell, rent or lease to others telephone numbers or e-mail addresses. We will share the personal data you provide only with other esbhost.com entities and/or business partners who are acting on our behalf for the uses described above, except as provided below (see Consent).

Consent
esbhost.com will use and share the personally identifiable information you provided to us in ways related to those described above. We reserve the right to disclose any and all pertinent customer information to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate.

Reprinting personal information
Please note that any information you post to a public bulletin board or chat room, is available to all persons accessing that site.

Abuse Reports
We know for having lots of scam and fraudulant activities, most of the hosted customers face several unconscious abuse report(s). We therefore, tried to create a powerful abuse team to verify the abuse reports (Copyright, Email Spam, Unauthorised Activities) sent to us. We first verify the reporters identity and then verify the existence of copyrighted material according to our company law. A reporter has to send a paper with the compnay header signed by him/her/company’s MD to prove the copyright authorisation. According to MLA, only Abuse Department (Or Piracy Department) of the related company/personal is only allowed to send an abuse request to our Department for verification. If its a personal copyright, then a Passport identity including his/her copyright over the material has to be proven to our abuse department. All the documents are verified according to our law and MLA. If Abuse passes the request to Support, then support department asks the owner to take proper action against the complaint. If support doesn’t receive proper information(s) from client then a suspention is issued after 15 days of escalation. This steps are only taken to prevent fradulant scam reports and reduce the activities of support to verify the abuse report. For Email spamming a proper header is required so that its possible to do a network scan and find out the verification of the email sender. For any Abuse report please contact our Abuse department using the contact provided here: http://www.esbhost.com/support.php

Privacy related concerns
Should you have questions or concerns relating to this Privacy Statement or compliance with it, please send e-mail to: sales@esbhost.com

 

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