This policy is subject to change, without alternate notice, so please check regularly for updates. This policy is in addition, and considered part of MyResellerHome.com Terms and Conditions. MyResellerHome.com will be the sole arbiter as to what constitutes a violation of this provision. If you feel you have discovered a violation of any area of our AUP (other than notices of alleged infringement by our customers or any court orders, subpoenas, search warrants, or other legal process, the email address for all of which is "[email protected] ")
1) Web Hosting
1.1) MyResellerHome.com reserves the right to suspend or cancel a customer's access to any or all services provided by MyResellerHome.com , where MyResellerHome.com decides that the account has been inappropriately used. MyResellerHome.com reserves the right to refuse service and /or access to its servers to anyone.
1.2) MyResellerHome.com offers various levels of web space and bandwidth allowance with the different account types. By this, we mean space for legitimate web site content and bandwidth for visitors to view it. All files on a domain must be part of the active website and linked to the site. MP3 and other large multimedia files are not web-based content. MyResellerHome.com offers a streaming media service for this type of content. All files, information and mail under the account will be preserved for 30 days from the date the payment is due. If the payment is not received after 30 days, all files, information and mail under the account may be deleted. If the subscriber wishes to reuse/reactivate the service, the subscriber may need to re-apply as a new subscriber, and an activation fee may be required.
1.2.1) Bandwidth and Disk Usage: Company shall provide Customer with a unlimited volume of bandwidth, disk space and other resources, such as email and/or file-transfer-protocol ("FTP") accounts. The Services are intended for normal use only. Any activity that results in excessive usage inconsistent with normal usage patterns is strictly prohibited. Customer agrees that such bandwidth and disk usage shall not exceed the amounts set by Company for the Services (the "Agreed Usage"). These allotments are optimized and dedicated towards serving the Content and Customer's electronic mail services related solely to Customer's web hosting account(s) with Company. Customer shall not use any bandwidth and/or disk usage for materials other than the Customer’s Web site, Customer Content and/or Customer's electronic mail services. For example, Customer may not use bandwidth or disk usage as offsite storage area for electronic files or as a provisioning service for third party electronic mail or FTP hosts. Company will monitor Customer's bandwidth and disk usage. Company, in its sole discretion, shall have the right to take any corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage or other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of Customer’s Web site, Customer Content, Customer's electronic mail services and/or other materials or termination of this Agreement, which actions may be taken in Company's sole and absolute discretion. If Company takes any such corrective action under this section, Customer shall not be entitled to a refund or credit of any fees paid prior to such action. Customer will comply with all applicable laws, rules and regulations regarding Customer’s Web site, Customer Content and/or Customer's electronic mail services and will each, including bandwidth, disk space and other resources only for lawful purposes. Customer may not utilize: the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization; the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party; the Services to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law; the Services to export encryption software to points outside the United States in violation of applicable export control laws; the Services to forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message. If Company learns or discovers that Customer is violating any law related to Customer’s Web site, Customer Content and/or Customer's electronic mail services, use of bandwidth, disk usage or Agreed Usage, Company maybe obligated to inform the necessary law enforcement and/or any related agency(ies) of such conduct and may provide such agency(ies) with information related to Customer, Customer’s Web site, Customer Content and/or Customer's electronic mail..
Cron Jobs: While customers are able to setup cron jobs through their control panel (linux only), cron job timing can not be quicker than every 5 minutes. Each server will revert 'every minute' cron jobs to every 5 minutes on a nightly basis.
1.2.2) CPU Usage. Customer agrees that Customer shall not use excessive amounts of CPU processing on any of Company's servers. Any violation of this policy may result in corrective action by Company, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in Company's sole and absolute discretion. If Company takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.
1.3) Scripts on the site must be designed to produce web-based content, and not to use the server as an application server. Using the server to generate large volumes of email from a database is an example of activity that is not allowed. Scripts should not attempt to manipulate the timeouts on servers. These are set at the present values to ensure the reliability of the server. Sites that reset these do so because they are resource intensive, and adversely affect server performance and are therefore not allowed.
1.4) MyResellerHome.com will disable any domain that fails to adhere to the following criteria as soon as we are made aware, in line with current working practices:
1.4.1) The primary purpose of any site must be to provide web-based content to viewers. Files on the site must be linked to the web site.
1.4.2) The primary purpose of any script must be to produce a web page. Scripts that send a single email based upon user entered information, or update a database are acceptable. Scripts that send bulk email or perform processor intensive database processes are not allowed. All outgoing mail is monitored and filtered.
1.4.3) Sites must not contain Warez, illegal, immoral or copyright material. The onus is on you the customer to prove that you own the rights to publish material, not for MyResellerHome.com to prove that you do not.
1.4.4) Sites must not contain MP3 files, as they do not represent active web content. Other multimedia files are acceptable if they are configured to stream to the client rather than download (Please see section 1.2 of this policy).
1.4.5) Sites must not contain password protected archive (e.g. zip or rar) files, or data back ups.
1.4.6) Sites must not contain pornographic or other lewd material. Adult Material includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of MyResellerHome.com .
1.4.7) Sites must not use excessive amounts of server resources. These include bandwidth, processor utilization and / or disk space. When a website is found to be monopolising the resources available MyResellerHome.com reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby an upgrade option or hosting addition is necessary.
1.4.8) Sites must not contain scripts that attempt to access privileged server resources, or other sites on the same server.
1.4.9) Any MyResellerHome.com client wishing to utilise our infrastructure with regards to the provision of gaming services are required to provide us with a valid copy of their gaming licence from their licensing jurisdiction. This must be provided to MyResellerHome.com prior to the activation of any gaming service.
2.1) If MyResellerHome.com identifies a mailbox or domain that is causing problems; we will either remove the offending mailboxes or change their settings to resolve the issue. In extreme cases, we will disable email or suspend all services to the domain as appropriate.
2.2) Common issues that cause problems are:
2.2.1) Where a mailbox receives large volumes of undeliverable email.
2.2.2) Where mailboxes have forwarders set to other mailboxes where mail cannot be delivered.
2.2.3) Where mailboxes have forwarders and/or auto-responders that generate circular mail loops.
2.3) You may not use MyResellerHome.com 's Email services for any of the following:
2.3.4) To send messages or communications, which are unsolicited, offensive, abusive, indecent or obscene.
2.3.5) To send messages causing annoyance, inconvenience or anxiety to another user of the Internet.
2.3.6) To send messages for the purpose of Fraud and /or with the intention of committing a criminal offence.
2.4) To prevent the sending of bulk unsolicited mail, SMTP traffic to and from a server will be blocked in the following scenarios:
2.4.1) Where we identify a server that has an open mail relay.
2.4.2) Where a significant volume of mail is sent from a domain in a 10-minute period.
2.4.3) Where we have received significant volumes of complaints concerning unsolicited mail originating from a MyResellerHome.com hosted server.
2.5) To prevent MyResellerHome.com s' IP Addresses being blocked by IP Address blocking, a domain held on MyResellerHome.com 's servers may be disabled:
2.5.1) Where we have received significant volumes of complaints concerning unsolicited mail originating from or unsolicited email being sent to promote sites being hosted on a MyResellerHome.com server.
SPAM and Unsolicited Commercial E-mail (UCE): Myresellerhome.com takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply this means that customers of Myresellerhome.com may not use or permit others to use our network to transact in UCE. Customers of Myresellerhome.com may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Violation of Myresellerhome.com SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Myresellerhome.com will initiate an immediate investigation (within 48 hours of notification). During the investigation, Myresellerhome.com may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Myresellerhome.com may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Myresellerhome.com reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Myresellerhome.com will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an "Administrative Fee" of $30 and your account will be reviewed for possible immediate termination. A second violation will result in an immediate termination of your account.
As our resellers are ultimately responsible for the actions of their clients over the Myresellerhome.com network, it is advisable that resellers develop a similar, or stricter, policy for their clients. E-mail Forwarding Services. The Services, for which you have registered may, at your option, include e-mail forwarding. To the extent you opt to use e-mail forwarding, you are obliged to do so in accordance with all applicable legislation and are responsible for all use of e-mail forwarding, including the content of messages sent through e-mail forwarding. You undertake to familiarize yourself with the content of and to comply with the generally accepted rules for Internet and e-mail usage. This includes, but is not limited to the Acceptable Use Policy, available at http://www.nic.name/downloads/aup.pdf as well as the following restrictions. Without prejudice to the foregoing, you undertake not to use e-mail forwarding:
to encourage, allow or participate in any form of illegal or unsuitable activity, including but not restricted to the exchange of threatening, obscene or offensive messages, spreading computer viruses, breach of copyright and/or proprietary rights or publishing defamatory material; to gain illegal access to systems or networks by unauthorized access to or use of the data in systems or networks, including all attempts at guessing passwords, checking or testing the vulnerability of a system or network or breaching the security or access control without the sufficient approval of the owner of the system or network; to interrupt data traffic to other users, servers or networks, including, but not restricted to, mail bombing, flooding, Denial of Service (DoS) attacks, willful attempts to overload another system or other forms of harassment; or for spamming, which includes, but is not restricted to, the mass mailing of unsolicited e-mail, junk mail, the use of distribution lists (mailing lists) which include persons who have not specifically given their consent to be placed on such distribution list. Users are not permitted to provide false names or in any other way to pose as somebody else when using e-mail forwarding.
3) Managed or Unmanaged Dedicated Servers
3.1) All dedicated server customers are responsible for the activities and security of their server. Servers will be disconnected from the network in the following scenarios:
3.1.1) Any server that attempts network scans or other possible hacking activities.
3.1.2) MyResellerHome.com believe a server has been compromised.
3.1.3) Where there is a sudden increase in a server's use of network capacity, which impacts other servers on the same network.
4.1) MyResellerHome.com have a Crime Liaison function and we are committed to assisting, and cooperating with, all law enforcement and government agencies in helping to reduce Internet Crime.
4.2) MyResellerHome.com will suspend access to an account which:
4.2.1) Contains invalid or fraudulent details.
4.2.2) Initiates a payment card chargeback.
4.3) If MyResellerHome.com disable a site or server, we will:
4.3.1) Send an E-mail to the account contact, informing them of the suspension - please ensure you use an email address that will be unaffected by any suspensions, to ensure that you are immediately made aware of any changes in your account status.
4.3.2) Provide follow up correspondence during office hours from the appropriate department, detailing the reasons for the suspension and what actions, if any, the contact should take to rectify the situation. 4.3.3) Not re-enable any domain or server that has previously been suspended for similar abuse.
4.3.4) Pass the account to the appropriate department to resolve any outstanding issues such as account balance or closure.
4.4) For less serious cases, such as email problems, the support department will contact you during office hours and inform you of any changes made to your account and the reasons for those changes.
4.5) If an action is taken against a site or server, you must correspond only with our support department via your online control panel or via the communication address given in the notifying e-mail. No other departments are able to discuss the details of an Abuse Investigation.
4.6) Restoration of any and all services suspended during an Abuse Investigation will be considered on a case-by-case basis.
5) Limited Liability
5.1) Any Liability of the company, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or Destruction of or unauthorized access to, alteration of, or use of records, Whether for breach of contract, tortuous behavior, negligence, or under any other cause of action, shall be strictly limited to the amount paid by or on behalf of the subscriber to the company for the current month.
5.2) Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a court of law, the legality, validity and enforceability of the remaining provisions of this agreement shall remain unaffected thereby unless otherwise stated.
5.3) These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of MyResellerHome.com Service constitutes acceptance of these Terms and Conditions.
Please note: by signing up for any of our services you agree to be bound by all MyResellerHome.com 's terms and conditions.