Illegal Use
ASU UTO servers are to be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
Commercial Use
The UTO webhosting service is intended for non-commercial use. Utilizing the UTO webhosting service to host a non-ASU affiliated website for the purpose of soliciting income, products, or services is a violation of this policy. This includes, but is not limited to 3rd party advertising; non-ASU e-commerce; and pay-for-use services.
Spamming
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to ASU UTO's computing service users. The term "spamming" also includes, but is not limited to; maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on a ASU UTO server, and selling or distributing software (on a web site residing on a ASU UTO server) that facilitates spamming. Violators will face immediate suspension. ASU UTO reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
System and Network Abuse
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: 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 without express 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; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Viruses and Other Destructive Activities
Use of ASU UTO's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any user to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use ASU UTO's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
Copyright Violations
The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All ASU UTO clients are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a ASU UTO client (per the DMCA) to ASU UTO must follow the below procedures. Copyright infringement notifications submitted to ASU UTO according to these procedures will be processed within 21 days of receipt. Clients who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at ASU UTO's sole discretion.
DMCA Copyright Infringement Notification Requirements:
a. Signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant").
b. Identification of the copyrighted work(s) claimed to have been infringed.
c. Identification of the material claimed to infringe the copyright(s), and enough information for ASU UTO to locate it including URLs and specific descriptions of the infringing material at each URL.
d. The Claimant's name, address, and telephone number(s).
e. A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
f. A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
g. Mail the notification to:
ASU UTO Hosting Services
Pornography
The use of ASU UTO's services to store, post, display, transmit, advertise or otherwise make available pornography is prohibited. ASU UTO is required by law, and will notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
Privacy
ASU UTO is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, ASU UTO urges its users to assume that all of their on-line communications are insecure. ASU UTO cannot take any responsibility for the security of information transmitted over ASU UTO's facilities. Additional details on privacy and ASU UTO's use of client information can be found in ASU UTO's Privacy Policy (provide link).
User/Client Responsibility
Users and clients are required to use the ASU UTO network responsibly. This includes respecting the other users of ASU UTO services. ASU UTO reserves the right to suspend and/or cancel service with any user who uses the ASU UTO network in such a way that adversely affects other users. While ASU UTO may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, ASU UTO does not monitor its clients' communications or activities to determine whether they are in compliance with the TOU However, when ASU UTO becomes aware of any violation of the TOU or other user agreements, ASU UTO may take any action to stop or correct such violation, including, but not limited to, denying access to ASU UTO's services and equipment or to the Internet. In addition, ASU UTO may take action against a client or a client of such client because of the activities of such client. ASU UTO anticipates that clients who offer Internet services will cooperate with ASU UTO in any corrective or preventive action that ASU UTO deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of ASU UTO policy and ASU UTO reserves the right to take any such action even though such action may affect other clients of the ASU UTO client.
Maintenance
Client acknowledges that from time to time ASU UTO may deem it necessary to limit or suspend the availability of ASU UTO services to perform routine and remedial maintenance to the network, hardware, software, or other related assets.
Server Resources
Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. ASU UTO shall be the sole arbiter of what is considered to be a high server usage level. Any Web Hosting and/or E-Commerce account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
CGI Scripts
Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. ASU UTO does not permit CGI script sharing with domains not hosted by ASU UTO or any scripts that may be abused for UCE (spam) purposes.
Background Running Programs and Cron Jobs
ASU UTO may allow programs to run in the background. These programs will be considered on an individual basis and Web Hosting and E-Commerce clients will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact ASU UTO at ******** so that we can arrange set-up.
IRC
ASU UTO does not allow IRC or IRC bots to be operated by Web Hosting and/or E-Commerce clients.
Software Distribution
ASU UTO's Web Hosting and E-Commerce accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact ************* to make special arrangements.
Multimedia Files
Multimedia files are defined as any graphics, audio, and video files. ASU UTO Web Hosting and E-Commerce accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files since ASU UTO already provides such resources through different systems. Please contact *************** for more information on multimedia hosting
Databases
Any database stored on ASU UTO's Web Hosting and E-Commerce servers shall be limited to the database size allotted for that particular domain's plan/web hosting account.
Adult Content
Pornography and sex-related merchandising are prohibited for Web Hosting and/or E-Commerce clients. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true (what is also true?) for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.
Actions Taken by ASU UTO
The failure by a user or client to meet or follow any of the TOU is grounds for account deactivation. ASU UTO will be the sole arbiter as to what constitutes a violation of the TOU. ASU UTO reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When ASU UTO becomes aware of an alleged violation of its TOU, ASU UTO will initiate an investigation. During the investigation, ASU UTO may restrict a client's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, ASU UTO may, at its sole discretion, restrict, suspend, or terminate a client's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, ASU UTO will notify the appropriate law enforcement authorities of such violation. An unlisted ? something about how the above list of violations is not a complete list activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. ASU UTO does not issue credits for outages incurred through service disablement resulting from TOU violations. ASU UTO clients agree to indemnify and hold harmless ASU UTO from any claims resulting from the use of our services that damages them or any other party. The ASU UTO 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. ASU UTO expressly disclaims any representation or warranty that the ASU UTO service will be error-free, secure or uninterrupted. No oral advice or written information given by ASU UTO, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. ASU UTO 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. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by ASU UTO.