Acceptable Use Policy
This AUP governs the use of shackservers.com’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 shackservers.com regarding the interpretation of this AUP, shackservers.com’s interpretation, in its reasonable commercial judgment, shall govern. This Agreement governs Customer’s use of Shackservers Web hosting services (including but not limited to shared hosting, reseller hosting, business hosting, proxy hosting, and enterprise reseller hosting plans.. Please report any known violations to abuse@shackservers.com If you have any questions regarding this AUP, contact general@shackservers.com.
Table of Contents
Offensive Content
Security
Bulk Commercial E-Mail
Unsolicited E-Mail
Material Protected by Copyright
Copyright Infringement Notice
Other
Disclaimer
Internet Abuse
Newsgroup, Chat Forums, Other Networks
Offensive Content
You may not publish or transmit via shackservers.com’s service any content that shackservers.com 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 shackservers.com; or
» is otherwise malicious, fraudulent, or may result in retaliation against shackservers.com by offended viewers.
Content “published or transmitted” via shackservers.com’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 shackservers.com.
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 shackservers.com’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 shackservers.com’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 shackservers.com’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@shackservers.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 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 shackservers.com 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 shackservers.com service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.
shackservers.com 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 shackservers.com’s services."Unsolicited E-mail Complaint" is an occurrence of a third-party complaint regarding a specific E-mail communication message sent by You. "Unsolicited E-mail Incident" is an occurrence of a single E-mail message which may have been sent to multiple E-mail addresses. An Incident may contain numerous Complaints. Incidents may contain Complaints received up to 24 hours after the first. After 24 hours, a new Incident will be opened. "IP Black Listing" is an occurrence when a third party black listing service determines that a Shackservers issued IP address is a frequent source of Unsolicited E-mail. Black Listings result in the IP address (or multiple IP addresses in the same "IP range") are unable to send E-mail to certain third parties.
Shackservers considers any attempt to send Unsolicited E-mail Messages or other forms of Spam E-mail (including "Spamvertising" other websites or services or products) to be violations of this Agreement.
To help reduce the overall Unsolicited E-mail problem, Shackservers has put into place the following 3-Strike Policy: For every Unsolicited E-mail Incident, Shackservers will assess a penalty of $25.00 per verified Incident and a penalty of $200 for the first instance of IP Black Listing and $400 for the second instance of IP Black Listing (collectively, the "Penalties".) For each $25.00 Unsolicited E-mail Incident Penalty, you will be issued one strike. For your first IP Black Listing Incident, you will be issued one strike. For your second IP Black Listing Incident, you will be issued two strikes. On your third strike, Shackservers reserves the right to terminate your service with or without warning . If your service is terminated under the Unsolicited E-mail Policy then you forfeit all fees paid, including pre-paid fees and unused time. All fees paid become non-refundable. Further, account termination does not absolve or nullify Penalty payments you may owe to Shackservers. Further, you may accumulate additional Penalties based on complaints received after your termination. This section of the Agreement will survive for a period of one year after this agreement is terminated.
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.
shackservers.com will terminate the service of repeat copyright infringers.
Copyright Infringement Notice (DMCA Policy)
If you believe your copyright is being infringed by a person using the shackservers.com network, please send your written notice of copyright infringement to: abuse@shackservers.comYour 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 shackservers.com to locate the material;
» Information reasonably sufficient to permit shackservers.com 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 shackservers.com network.Disclaimer
shackservers.com is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the shackservers.com network. Inquiries regarding this policy should be directed to our General Inquiries Department at general@shackservers.com.
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 shackservers.com 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 the shackservers.com’s network.
» Use of shackservers.com’s network in a way that unreasonably interferes with shackservers.com’s other customers use of the network
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.
Privacy Policy
This Privacy Policy describes the information we collect from you, what we do with the information, and our information security practices. If you have any questions about our Privacy Policy, please contact abuse@shackservers.com.
Last updated May 11th, 2010 Tuesday at 4:08 PM CST
Information
When you sign up for our service, we will ask you to provide contact information such as your name, address, telephone numbers, e-mail addresses, and payment information such as credit card number and expiration date.
We may ask you to complete user surveys, and to provide certain demographic information, such as age, gender, special interests, etc. You do not have to provide this type of information to use our service if you do not want to.
If you contact us for customer support, we may also ask you for information about your operating system, software and other technical matters.
When you visit our Web site we will capture your IP Address, time of and duration of visit, and time and duration of the pages on our Web site that you view. We may tie this information to the personally identifiable information we have about you.
We will also place a cookie that will identify you to us as a repeat visitor or a customer when you visit our Web site. See “What is a Cookie” below. We may tie this cookie to the personally identifiable information we have about you.
(If we send you an e-mail, we may include a marker that will allow to identify e-mail that is opened and viewed.)
Use of Personally Identifiable Information
We will use your personally identifiable information only as follows:
» For payment purposes and to provide customer support;
» To announce special offers or provide other information from time to time via e-mail. We may also send e-mail announcing special offers by our third parties, but we will not provide the third parties with your e-mail address or other personally identifiable information. If you do not wish to receive these e-mails, you may opt out of future e-mails at any time by following the instructions included in the e-mail.
» To improve our service and the marketing of our service. For example, we may use the information we gather from user surveys, demographic data, and web site visits to help us improve or target our Web site and customize your visit.
We will not provide any personally identifiable information about you to any other person other than:
» a law enforcement or regulatory agency at their request;
» a person or company who acquires our business;
» third parties who perform services on our behalf (such as payment processing), subject to the third party agreeing with us that it will keep your personally identifiable information confidential;
» To our subsidiaries and affiliates; or
» As otherwise needed to protect or enforce or rights or the rights of others.
We absolutely do not transfer or sell your information for inclusion on third party e-mail or other marketing lists.
Use of Non-Personally Identifiable Information
We may share aggregate statistical data about our customers with third parties, such as advertisers or suppliers. This aggregate statistical data will not identify you personally.
What is a Cookie?
A “cookie” is an alphanumeric identifier that is unique to your browser. The cookie will identify your browser to us when you visit our web site so that we may customize your visit.
Our Money Back Guarantee Policy
We are confident that we will be able to satisfy your needs with our services and products. However, if you ever feel unhappy or no longer need our services anymore, we offer a full refund within 15 days of activation of your services, no questions asked.
Please note that this policy only applies to our Virtual Private Server (VPS), and web hosting services. The money back guarantee policy does not apply to our Dedicated Servers services including any additional fees for upgrades and control panels (such as cPanel, Plesk, etc.) for both VPS services and dedicated servers. This policy does not refund any setup fees. It also does not cover any fees paid for addons including but not limited to dedicated IPs and SSL certificates. Additional monthly bandwidth and disk space addons are also not covered by this policy. This policy does not refund for any dedicated server products, services, or management services or addons.
If you wish to request a refund within the 15 days of having your services activated, please submit a ticket to our billing department. As long as the ticket is submitted within the 15 days, you are eligible for a refund. A billing staff will reply to your ticket and notify you through the ticket when the amount(s) have been refunded to you. Refunds will not be handled through any other form of communication, support, or any other departments.
If you have any questions or concerns regarding this policy, please do not hesitate to contact us through our helpdesk support system.