Acceptable Use Policy (AUP)
These Terms of Service (the "Agreement") set forth the terms and conditions of Your Use of hosting and related services ("Services") and this website ("Site"). In this Agreement "You" and "Your" refer to You as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf. "We", "us" and "our" refer to Symbiostock.com, as well as its subsidiaries and sister companies (“Symbiostock Hosting”). This Agreement explains Our obligations to You, and explains Your obligations to Us for various services offered by Symbiostock Hosting. When You Use Your account or permit someone else to Use it to purchase or otherwise acquire access to additional Symbiostock Hosting service(s) or products or to cancel Your Symbiostock Hosting service(s) (even if We were not notified of such authorization), this Agreement covers such service or actions. Symbiostock Hosting Terms of Service agreement (“TOS”) is incorporated herein by reference and is applicable to all Services under this Accepted Use Policy.
Sharing of Information
As a condition of purchasing and using hosting plans, You acknowledge and agree that Symbiostock Hosting may provide Your personal information to their partners, as necessary to provide You with the selected products and services. The provided information falls into the following categories: (a) Information that users provide through optional, voluntary submissions. These are voluntary submissions made by You in order to receive Our electronic newsletters, to participate in Our message boards or forums, to email a friend, and to participate in polls and surveys; and (b) Information Symbiostock Hosting gathers through aggregated tracking information derived mainly by tallying page views throughout Our sites. This information allows Us to better tailor Our content to users' needs and to understand the demographics of Our audience.
You represent and warrant to Symbiostock Hosting that: Your content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your account content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your server account. You also represent and warrant that the server content being hosted by Symbiostock Hosting shall not be used in connection with any illegal activity.
You expressly (i) grant to Symbiostock Hosting a license to cache the entirety of the content that is submitted, stored, distributed or disseminated by you via the Services and your website, including content supplied by third parties, hosted by Symbiostock Hosting under this agreement; and (ii) agree that such caching is not an infringement on any of your intellectual property rights or any third party’s intellectual property rights.
Symbiostock Hosting will use its best efforts to maintain a full time Internet presence for Your account. You hereby acknowledge that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall Symbiostock Hosting be liable to You for any damages resulting from or related to any failure or delay of Symbiostock Hosting in providing access to the Internet under this Agreement. In no event shall Symbiostock Hosting be liable to You for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of Symbiostock Hosting under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive the termination of this Agreement
This Agreement applies to all accounts, sub-accounts, and alternative account names associated with Your principal account. You are responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A Symbiostock Hosting account may not be transferred without prior written approval from Symbiostock Hosting.
Symbiostock Hosting assigns to You an Internet Protocol ("IP") address in connection with Your use of the Symbiostock Hosting services. The right to use that IP address will remain with and belong only to Symbiostock Hosting, and You will have no right to use that IP address except as allowed by Symbiostock Hosting in its sole and absolute discretion.
By using any Services, provided by Symbiostock Hosting You agree:
-not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
-not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
-not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
-not to make, attempt or allow any unauthorized access to Symbiostock Hosting website, servers, your own hosting account or the account of any other customers of Symbiostock Hosting. -not to allow any remote code execution of malicious software through the hosting account provided by Symbiostock Hosting.
-not to cause denial of service attacks, port scans or other endangering and invasive procedures against Symbiostock Hosting servers and facilities or the servers and facilities of other network hosts or Internet users.
-not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
-not to use Symbiostock Hosting services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; contain nudity, pornography or other content deemed adult related; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person's property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain lottery, gambling, casino; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.
-not to upload unacceptable material which include: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc), bitcoin miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
-not to engage in or to instigate actions that cause harm to Symbiostock Hosting or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, etc. Symbiostock Hosting reserves the right to refuse service to anyone upon Our discretion. Any material that in Symbiostock Hosting judgment, is either obscene or threatening is strictly prohibited and will be removed from Symbiostock Hosting servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, Symbiostock Hosting will take corrective action upon our own discretion and will notify You. Symbiostock Hosting decision in such case is binding and final, and cannot be a subject of a further change. Symbiostock Hosting cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to Symbiostock Hosting or any other third party. We have the right to terminate each and any hosting account that has been suspended for any reason for more than 7 calendar days after the suspension date, unless You has taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. Symbiostock Hosting will not be liable for any loss or damages in such cases.
-not to violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription.
At its discretion, Symbiostock Hosting can remove any content we determine to be prohibited by this agreement or our Terms and Conditions. No backups will be kept of removed content.
Email and Anti-spam Policy
You must comply with the CAN-SPAM Act of 2003 and all relevant regulations and legislation on bulk and commercial email. You are prohibited from sending mass unsolicited email messages. All emails sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from You will be considered as unsolicited email messages. You using and sending mass mailings must at all times maintain complete and accurate records of all consents and opt-ins and upon request provide said records to Symbiostock Hosting. In the event that You cannot provide actual and verifiable proof of such consents and opt-ins, We will consider the mass mailing to be unsolicited.
Symbiostock Hosting places quota limits on the number of emails that can be sent from individual hosting accounts. This includes forwarded mail. Therefore if You utilise Symbiostock Hosting servers to forward mail and the forwarded mail includes large quantities of mail and/or spam mail that exceeds the quota on Your account, Your mail will not be successfully forwarded. If You have large quantities of mail that You need to forward You must do so through a third party SMTP service.
Symbiostock Hosting prohibits the following activities listed without limitation hereunder:
-Usage of the Symbiostock Hosting network and systems to receive replies to unsolicited mass e-mail messages.
-Forgery of e-mail headers (i.e."spoofing").
-Spamming using third-party proxy, aggregation of proxy lists, or proxy mailing software installation.
-Configuring a mail server to accept and process third-party emails for sending with no user identification and/or authentication.
-Hosting web pages advertised via "spam e-mail" sent from another network ("spamvertising"). -Hosting any web pages or providing any services that support spam.
-Using weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-ups, instant messages or text/SMS messages for sending, posting or transmitting unsolicited bulk messages.
-Advocating any activities, prohibited by the Acceptable Use Section of this Agreement.
-If we determine that you have deliberately or recklessly used our hosting services for the sending of SPAM e-mail messages, we reserve the right to assess a $500 charge upon your account, which shall serve to compensate us for increased administration costs and expenses of redressing SPAM-related activity. You agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity, we may assess the fee entirely at our discretion. The fee will be charged to your account, in accordance with the payment information submitted by you as part of your acquisition of our services. You further agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity we may share information regarding your activities, including but not limited to your identity, with the various anti-SPAM organizations and/or blacklists.
We take all SPAM issues extremely seriously and will take redress such activity whenever we deem necessary.
Email Marketing & Newsletters
Sending bulk emails and newsletters via Symbiostock Hosting's server SMTP for marketing or similar purposes is strictly prohibited. This does not include transaction related emails that are pertinent to the normal everyday operations of a standard business website, such as user registration emails, invoices, and receipts. If You wish to send out marketing emails, newsletters or any kind of bulk promotional emails, You must do so through a third party SMTP service. Failure to comply may result in the suspension or in the immediate termination of Your account.
Additional Acceptable Use Policy for Hosting Accounts:
Server Resource Provision. Your use of the server resources shall not endanger the capacity and operation of the shared server.
The burst allowance is considered an exception to the acceptable use allowance and shall be permitted solely to stabilize the operation of the website during peak intervals. Any user whose account employs the higher burstable resources on a consistent basis shall have their account suspended or terminated.
For all account packages:
No script may use 25% or more of system resources for 60 seconds or longer;
Running stand-alone, unattached server side processes/daemons is strictly prohibited
Running any type of web spider / indexer (Google Cash / Ad Spy) is strictly prohibited
Running any bit-torrent / P2P application is strictly prohibited
Running of public file exchange services is strictly prohibited
Symbiostock Hosting staff may use the following tools at our discretion to identify use of system resources:
Conventional UNIX system tools, like 'ps', 'top', 'iostat' etc
MySQL/PostgreSQL stats reporting features
Resource usage alerts from CSF/LFD server security system
Disk Usage Provision. The content on your website must be linked from an HTML or similarly coded web page with all content is freely available to the public. Your website must consist of web pages of a standard design, essentially HTML based text and graphics. Your hosting account should consist mostly of html and php files.
Under its sole discretion, Symbiostock Hosting reserves the right to determine any kind of unfair or inappropriate usage of any content which may result in immediate account suspension or termination.
Storage and Security
At all times, You shall bear full risk of loss and damage to your website or server content hosted on Symbiostock Hosting servers. You are entirely responsible for maintaining the confidentiality of Your account access credentials (including but not limited to Your customer username/login, cPanel login credentials, password) and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with Your website or server content displayed, linked, transmitted through or stored on Symbiostock Hosting servers. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your website or server content; (ii) maintain independent archival and backup copies of Your website or server content; (iii) ensure the security, confidentiality and integrity of Your website or server content transmitted through or stored on Symbiostock Hosting servers; and (iv) ensure the confidentiality of Your password. Symbiostock Hosting's servers are not an archive and Symbiostock Hosting shall have no liability to You or any other person for loss, damage or destruction of any of Your website or server content. The Services offered by Symbiostock Hosting are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. Symbiostock Hosting shall have no liability to You or any other person for Your use of Symbiostock Hosting Services in violation of these terms.
Transfer of Content
In the event You terminate this Agreement or Your use of Symbiostock Hosting products and/or services, then moving Your server content off of the Symbiostock Hosting servers is Your responsibility. Symbiostock Hosting will not transfer or FTP Your server content to another provider. In the event Your use of Symbiostock Hosting products and/or services is terminated, Symbiostock Hosting will not transfer or manage Your services or Your content.
Symbiostock Hosting provides some third-party software to You for easier account management including, but is not limited to cPanel, etc. Such software is provided on an "as is" as available basis. We do not guarantee that any specific results can be obtained by using such software. Symbiostock Hosting does not take responsibility for any faults in such software functioning. You agree that Your use of any Symbiostock Hosting Services shall be used by You in accordance with the terms of any relevant third-party licenses. Your failure to abide by any third-party license may result in the immediate termination of Your Services by Symbiostock Hosting.
You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by Symbiostock Hosting. Your use of any third party software is at Your own risk. Symbiostock Hosting does not control and therefore cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. Symbiostock Hosting will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products. Symbiostock Hosting reserves the right, at its sole discretion, to terminate, suspend, cancel or alter Your access to third-party software at any time.
You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup.
Symbiostock Hosting Reservation of Rights
Symbiostock Hosting explicitly reserves the right and sole discretion to: (i) modify its pricing, if desired by Symbiostock Hosting; (ii) establish limits and guidelines concerning the use of Symbiostock Hosting services and/or products; (iii) terminate Your use of Symbiostock Hosting services and/or products for use of Symbiostock Hosting services and/or products to unnecessarily or illegally harass Symbiostock Hosting or third parties, non-payment of fees for Symbiostock Hosting services and/or products, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the United States and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of Symbiostock Hosting, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that Symbiostock Hosting determines, in its sole discretion, to be harmful to its other customers, operations, or reputation; (iv) terminate Your use of Symbiostock Hosting services and/or products if Your use of Symbiostock Hosting services and/or products may results in, results in, or is the subject of, legal action or threatened or proposed legal action, against Symbiostock Hosting or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit; and (v) terminate Your use of Symbiostock Hosting services and/or products at any time and for any reason if deemed reasonably necessary by Symbiostock Hosting. Symbiostock Hosting has no obligation to monitor Your use of Symbiostock Hosting services and/or products, but reserves the right in its sole discretion to do so.
Right of Refusal. Symbiostock Hosting has the right to refuse services to anyone at Our discretion.
Limitation of Liability; Waiver and Release
The services offered by Symbiostock Hosting are being provided on an "AS IS" and Symbiostock Hosting expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose, and non-infringement, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, Symbiostock Hosting expressly does not warrant that Symbiostock Hosting services and/or products will meet Your requirements, function as intended, or that the use of the provided Services will meet Your requirements, function as intended, or that the use of the provided Services will be uninterrupted or error free. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from Symbiostock Hosting shall create any warranty not expressly made herein. You agree that Symbiostock Hosting will not be liable for any (i) suspension or loss of the Services, except to the limited extent that a remedy is provided under this Agreement; (ii) interruption of business; (iii) access delays or access interruptions to the website(s) provided through or by the Services; (iv) loss or liability resulting from acts of god; (v) data non-delivery, mis-delivery, corruption, destruction or other modification; (vi) events beyond the control of Symbiostock Hosting; (vii) the processing of Your application for Services; or (viii) loss or liability resulting from the unauthorized use or misuse of Your account identifier or password.
Information obtained by you from the internet may be inaccurate, offensive or in some cases illegal. Symbiostock Hosting has no control over information contained on the Internet and accepts no responsibility for any information that you may receive or transmit via the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you disseminate or display in connection with your use of the Services of obtain from the Internet. You agree that Symbiostock Hosting has no obligation to back-up any data related to your website unless Symbiostock Hosting expressly agrees otherwise in writing or has expressly stated so on the website.
Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge Symbiostock Hosting and all affiliates of Symbiostock Hosting, and all officers, agents, employees, and representatives of Symbiostock Hosting, and all of their heirs, personal representatives, predecessors, successors and assigns, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the Services and Your acquisition and use thereof, including, but not limited to, the provision of the Symbiostock Hosting products and/or services by Symbiostock Hosting and its agents and employees. Further, You agree to defend, indemnify and hold harmless Symbiostock Hosting and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of (i) any breach of any representation or warranty provided in this Agreement, or as provided by Symbiostock Hosting’s AUP or any other agreement that has been incorporated by reference herein; (ii) the Services or your use of the Services, including without limitation infringement or dilution by You or by another using the Services from Your computer; (iii) any intellectual property or other proprietary right of any person or entity; (iv) any information or data You supplied to Symbiostock Hosting, including, without limitation, any misrepresentation in Your application, if applicable; (v) the inclusion of metatags or other elements in any website created for you or by you via the Services; (vi) any information, material, or services available on your licensed Symbiostock Hosting website; or (vii), any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets.
This indemnification is in addition to any indemnification required of You elsewhere. Should Symbiostock Hosting be notified of a pending law suit, or receive notice of the filing of a law suit, Symbiostock Hosting may seek a written confirmation from You concerning Your obligation to defend, indemnify Symbiostock Hosting. Such written confirmation may include the posting of performance bonds or other guarantees. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that Symbiostock Hosting shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Symbiostock Hosting of any such claim promptly in writing and to allow Symbiostock Hosting to control the proceedings. You agree to cooperate fully with Symbiostock Hosting during such proceedings. The terms of this section will survive any termination or cancellation of this Agreement.
Additional Reservation of Rights
Symbiostock Hosting expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any account or any Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Symbiostock Hosting in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Symbiostock Hosting in offering or delivering any Services (including any domain name registration); (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry; (iii) to assist with our fraud and abuse detection and prevention efforts; (iv) to comply with applicable local, state, national and international laws, rules and regulations; (v) to comply with requests of law enforcement, including subpoena requests; (vi) to comply with any dispute resolution process; (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Symbiostock Hosting, its officers, directors, employees and agents, as well as Symbiostock Hosting’s affiliates.
In the event that Symbiostock Hosting need exercise any of its rights expressed herein to investigate any potential breach or violation of the terms and conditions of this Agreement, service fees may continue to accrue on your accounts, and you will continue to remain responsible for the payment of any service fees that accrue during the relevant period. Notices
You agree that any notices required to be given under this Agreement by Us to You will be deemed to have been given if delivered in accordance with the account information You have provided. You acknowledge that it is Your responsibility to maintain current contact information in the account information You have provided.
This Agreement, together with all modifications, constitute the complete and exclusive agreement between You and Us, and supersede and govern all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by You except by means of a written document signed by both You and an authorized representative of Us. By applying for Symbiostock Hosting’s services through the online application process or otherwise, or by using the Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference.
No Agency Relationship
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
Assignment and Resale
Except as otherwise set forth herein, Your rights under this Agreement are not assignable or transferable. Any attempt by Your creditors to obtain an interest in Your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at Our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the Services (or portion thereof) without Symbiostock Hosting's prior express written consent.
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over Symbiostock Hosting, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, Symbiostock Hosting may immediately terminate this Agreement.
The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.