Acceptable Use Policy (“AUP”):

Ontrack Webhosting Services

This AUP governs the use of Ontrack's web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and Ontrack regarding the interpretation of this AUP, Ontrack's interpretation, in its reasonable commercial judgment, shall govern.

We ask that you please read this entire agreement in its entirety and review the general provisions of our Acceptable Use Policy for Ontrack Webhosting Services.

Our hosting services are being offered to you on your acceptance without modification to these terms of this acceptable use policy. Your use of our hosting services constitutes your agreement to these terms of use. Your use of our services may also be subject to additional restrictions specified in this document, or on Ontrack's website or in other accompanying documentation.

Your agree to familiarize yourself with Ontrack's Acceptable Use Policy as well as Ontrack's Terms of Service Policy, and abide by them if you choose to use our services to which such policy or terms apply. If you have any questions about something you do not understand in our policy it is your responsibility to ask us for clarification.

Table of Contents

-Modifications and Updates to the Acceptable Use Policy

-Offensive Content

-Security

-Bulk Commercial E-Mail

-Unsolicited E-Mail

-Material Protected by Copyright

-Copyright Infringement Notice

-Other

-Disclaimer

-Internet Abuse

-Forbidden Software, Applications, or Web Content

-Unlimited Domains

-Newsgroup, Chat Forums, Other Networks

Modifications and Updates to the Acceptable Use Policy

Ontrack Webhosting Services reserves the right to change the Acceptable Use Policy at anytime. You are still responsible for regularly reviewing these terms and conditions. Continued use of Ontrack Services after any such changes shall constitute your consent to such changes. Ontrack will make every attempt possible to notify you of any changes to this policy via email but does not and will not assume any obligation to notify you of any changes to our Acceptable Use Policy.

Offensive Content

You may not publish or transmit via Ontrack's service any content that Ontrack reasonably believes:

• constitutes child pornography;

• constitutes pornography;

• is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;

• is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;

• is defamatory or violates a person's privacy;

• creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;

• improperly exposes trade secrets or other confidential or proprietary information of another person;

• is intended to assist others in defeating technical copyright protections;

• clearly infringes on another person's trade or service mark, patent, or other property right;

• promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;

• is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Ontrack; or

• is otherwise malicious, fraudulent, or may result in retaliation against Ontrack by offended viewers.

Content “published or transmitted” via Ontrack's service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by Ontrack.

Security

You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.

Bulk Commercial E-Mail

You must obtain Ontrack's advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to Ontrack's reasonable satisfaction:

• Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;

• Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;

• You retain evidence of the recipient's consent in a form that may be promptly produced on request, and you honor recipient's and Ontrack's requests to produce consent evidence within 72 hours of receipt of the request.

• The body of the e-mail must describe how the e-mail address was obtained, for example, “You opted in to receive this e-mail promotion from our Web site or from one of our partner sites,” and information on how to request evidence of the consent, for example, “If you would like to learn more about how we received your e-mail address please contact us at abuse@yourdomain.com .

• You have procedures in place that allow a recipient to easily revoke their consent – such as a link in the body of the e-mail, or instructions to reply with the word “Remove” in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;

• You must post an abuse@yourdomain.com e-mail address on the first page of any Web site associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;

• You must have a Privacy Policy posted for each domain associated with the mailing;

• You have the means to track anonymous complaints;

• You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the “TO” line of the e-mail; and

• You otherwise comply with the CAN SPAM Act and other applicable law.

These policies apply to messages sent using your Ontrack service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your Ontrack service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.

Ontrack may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.

Unsolicited E-Mail

You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it.

You must comply with the rules of any other network you access or participate in using your Ontrack's services.

Material Protected by Copyright

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

• you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;

• you are otherwise permitted by established United States copyright law to copy the work in that manner.

Ontrack will terminate the service of repeat copyright infringers.

If you believe your copyright is being infringed by a person using the Ontrack network, please send your written notice of copyright infringement to:

Ontrack Webhosting Services

C/o Doug Paquette

P.O. Box 10483

Merrillville , Indiana 46411

Your notice must include the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Ontrack to locate the material;

• Information reasonably sufficient to permit Ontrack to contact you, such as an address, telephone number, and, if available, an e-mail address;

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner's agent, or the law;

• A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Other

You must have valid and current information on file with your domain name registrar for any domain hosted on the Ontrack network.

Disclaimer

Ontrack Webhosting Services are under no duty, and does not by this AUP undertake a duty or any obligation, to monitor or police our customer's activities or content and disclaims any responsibility for any misuse of the Ontrack network.

However we reserve the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from our servers at our sole discression.

Inquiries regarding this policy should be directed to INFO AT ONTRACKWEBHOSTING DOT NET.

Internet Abuse

You may not engage in illegal, abusive, or irresponsible behavior, including:

• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to Ontrack and its customers) without express authorization of the owner of the system or network;

• monitoring data or traffic on any network or system without the authorization of the owner of the system or network;

• Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;

• Use of an Internet account or computer without the owner's authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;

• Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or

• Any conduct that is likely to result in retaliation against Ontrack's network.

• Use of Ontrack's network in a way that unreasonably interferes with Ontrack's other customers use of the network

Forbidden Software, Applications, or Web Content

You are NOT allowed to install and or run any gaming servers or gaming software that connects to another server that is NOT owned by Ontrack Webhosting Services. This includes gaming scripts written in PHP, Java, JavaScript, or Perl and includes any other programming language. We also do NOT allow the use of IRC chat servers, bots, or services to hosting from any Ontrack Webhosting server. If we should find out you have one of these scripts installed on our servers and it is causing problems on our servers, or causing our servers to crash then you could be held 100 % liable for all downtime costs, reimbursement costs, and service credit costs to all our other clients that reside on the server.

In addition to the above you are NOT allowed to use our servers for the purpose of Spam or Porn Sites. Anyone who signs up for our services and is found in violation of this restriction will IMMEDIATELY have their account suspended and possibly deleted, and you could be held liable for any costs we might inccure as a result of your actions, such as black listing of our IP's or etc.

Unlimited Domains

Ontrack does allow unlimited domain names on paid hosting accounts, but you must strictly adhere to the following guidelines if you host more than one domain name on your account.

Please Note: Unlimited Domains do NOT apply to our Free Hosting Accounts. Free Hosting Accounts are limited to ONE domain name only.

• Domains you host must be owned by you and only you the account holder.
• Websites within the domains you host must be owned and operated by you the account holder.
• You may NOT host other peoples websites for them; it does NOT matter if they are friends, family, or co-workers.
• You may not offer hosting from your account, regardless of how much the amount is or even being free.
• Your websites and or domains must not place heavy loads on our servers, you share your hosting account with other users on the servers and we will not let one account affect our server's performance for the rest of our customers.

If you fail to adhere to these restrictions and we find out, your account may be suspended immediately without notice.

Newsgroup, Chat Forums, Other Networks

You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.

Please Note... Due to security issues and concerns; the use of PHPBB Message Boards are strictly prohibited on our servers and will not be allowed. If we find out you are running a PHPBB Message Board we will suspend your account until you remove it. There will be no exceptions to this rule.