Acceptable Use Policy and Service Guidelines
Thumper Media provides web site hosting and dedicated services to its clients as a way for those clients to pursue the informational and commercial exchange the Internet affords. To protect the interests of all clients and to ensure optimal service levels, Thumper Media has developed the following Acceptable Use Policy ("AUP") for clients as a guide to client rights and responsibilities when utilizing services offered by Thumper Media. Use of any service offered by Thumper Media and/or its affiliates by any client will constitute acknowledgment of and agreement to the terms outlined in this document. This AUP may be revised in part or in full at any time by Thumper Media and notices of changes will be posted to the Thumper Media website. Continued use of services offered by Thumper Media after such changes or enhancements to the AUP have been made will constitute acceptance of any revisions to the AUP.
All services provided by Thumper Media may be used for lawful purposes only. Thumper Media does not monitor, edit, censor, or take responsibility for client content or communications from within the network controlled by Thumper Media except inasmuch to determine if violations of the AUP have occurred once a suspected violation has been brought to the attention of Thumper Media. Therefore, clients are solely responsible for the content and use of their service as provided by Thumper Media and should ensure that such use falls within the guidelines of the AUP. Thumper Media cannot and will not monitor, edit, censor, or otherwise interfere with information or content clients may retrieve from sources outside the Thumper Media network even when such information is made available to clients through the use of material deliverable to any site or service maintained by Thumper Media, such as via email. Because of this, Thumper Media will not be responsible for injury or liability to any client resulting from communications that may be offensive, misleading, illegal, or otherwise unsuitable in the view of the client. Clients further agree to indemnify and hold harmless Thumper Media or any of its affiliates from claims resulting from the use of any provided service which damages the client of any other party.
Backups are performed by Thumper Media and/or its affiliates as a courtesy to clients; however, all clients are advised to maintain a current local copy of their files in the event backups are irretrievable for any reason. Thumper Media will not be deemed responsible for data or other loss resulting from the unavailability of backups. Backups will not be retained for accounts that have been cancelled, unless such retention is deemed necessary by Thumper Media. As cancellation requests are processed immediately, any required files from the affected account should be downloaded prior to the cancellation request.
1. Commercial advertising - email:
- The sending of unsolicited email (spamming) from a Thumper Media server or referencing a domain hosted by Thumper Media in any spam, whether originating from the Thumper Media network or not, is forbidden. Thumper Media maintains an excellent reputation as a zero-tolerance provider due to swift action on spam complaints. Complaints regarding spamming are investigated thoroughly by Thumper Media. Should abuses be found, Thumper Media reserves the right to immediately and without notice terminate the offending account. Sites that promote, sell, or otherwise provide access to spamware products or email lists or products that are solely for the purpose of extraction or sale of email addresses or which are used to send bulk email are not permitted on any Thumper Media server. Unsecured form to mail scripts are likewise prohibited as are any naming variant of generic form to mail scripts (formmail.*, Formmail.*, FormMail.*). Unsecured form to mail scripts found to exist under any client account may be deleted or renamed at the discretion of Thumper Media.
2. Misuse of system resources:
- To protect and maintain high availability of all servers, activities designed to cause harm to or monopolize the resources of any server in the Thumper Media network is prohibited. This includes, but is not limited to, the use of programs that consume excessive CPU time; use of server space for backup or storage of material unrelated to the web site of an account; use of any provided mail services other than for the client's own account; resale of disk space without an appropriate reseller agreement; use of servers to engage in any malicious or illegal activity, including unauthorized access to remote systems or providing the means for such access or engaging in any activity that can be used as a means to begin remote system penetration; distribution of viruses, worms, or any other electronic destructive resource; or maintaining or creating any free for all (FFA) type sites.
- Internet Relay Chat ("IRC") related materials are prohibited, without exception. This includes bots, bouncers, or any script or software package designed to facilitate the creation, maintenance, or access to any IRC server or channel. Client accounts found to have such software or scripts uploaded are subject to suspension or termination without notice. Scripts or software found to exist on any server will be deleted immediately upon discovery, without notice, and a warning issued. Further violations of this policy will result in account termination.
- CGI or php-based shell scripts are prohibited. This includes any script that is used for the purpose of issuing shell-level commands or which acts as a proxy for shell access via a web browser rather than the use of the embedded SSH client in the control panel or the use of a standalone SSH client. Such scripts will be deleted without notice when found. Continued use of such scripts will be grounds for account termination.
- Web proxy scripts are prohibited. This includes any script, such as nph-proxy, that allows anyone to browse to a third party web site from any server in the Thumper Media network or that otherwise masks the true origination point of browsing activities by use of network information associated with Thumper Media. Such scripts will be deleted when found. Repeated violations will result in account suspension or termination.
- The weblog software Greymatter is not permitted on any Thumper Media server. Filtering is performed on all servers to deny access to the scripts Greymatter utilizes due to the resource issues created by those scripts. Installations found will be noted to the account holder for removal and transitioning to a new weblog software package.
3. Illegal or obscene content:
- Use of any Thumper Media service to make any illegal or obscene content available via transmission, storage, or display of such material is prohibited. Accounts maintaining such content are subject to suspension or termination without notice.
4. Intellectual property violations and defamatory or abusive material:
- Any activity that infringes on copyrights, trademarks, service marks, patents, software ownership, or trade secrets held by any third party entity is prohibited. Thumper Media is required by law to remove or suspend accounts that violate copyright held by third parties when notified that such infringement exists. Accounts that continually engage in such violations are subject to termination. Material that is defamatory or abusive in nature, that infringes on the privacy or rights of others, or that is otherwise threatening, is prohibited.
5. Other activities:
- Any activity not defined above but judged by Thumper Media to be harmful to other clients or general operations of the network will be addressed on a case by case basis.
Account Policies and Cancellation
Cancellation requests must be made via email to email@example.com. No other avenues of cancellation will be accepted. While no advance notice of cancellation is required, all fees paid for service to the point of cancellation are nonrefundable. Cancellations made within 30 days of beginning service are subject to the Thumper Media 30-day guarantee, and will result in a refund of fees paid. All fees paid for domain registration are nonrefundable, without exception. Domain registration for accounts payable by check are completed only after payment is received.
Accounts are payable in full at the time of account creation. If payment by check or money order is selected, payment must be received within two (2) weeks of account activation or the account will be suspended without notice. New accounts that remain past due thirty (30) days after account activation are subject to termination. Any account reaching thirty (30) days past due is subject to suspension for nonpayment. Such accounts are subject to termination after forty-five (45) days in a past due state. All invoicing and payments are automatic and recurring based on the contract length specified by the client at the time of account setup or by request after setup has been completed.
Service and Reporting
Thumper Media reserves the right to refuse, cancel, or suspend service at its discretion. All clients, direct or indirect via resold account and all subnetworks and subsidiaries are subject to the terms of this AUP. Any violations of the above policy may be made via email to firstname.lastname@example.org or via postal mail to:
60 East Linden Avenue
Englewood, NJ 07631
Indemnification and Governance
All customers agree to indemnify, defend, and hold harmless Thumper Media and/or its affiliates from any and all losses, expenses, liabilities, claims, attorney's fees, damages, awards, judgments, or actions that may arise from the use of this service other than as expressly authorized by the terms of this policy. Thumper Media makes no warranties, expressly or implied, for this service. This service is offered on an "as is" basis, and customers waive all claims as noted above that may arise from the inability to use this service as provided. The recourse available to customers should customers become dissatisfied with this service, the terms of this service, or any policy, practice, or guideline as set by Thumper Media will be limited to discontinuation of service as denoted in the Account Policies and Cancellation item above.