PLEASE READ CAREFULLY BEFORE USING OUR SERVICES. THIS ACCEPTABLE USE POLICY CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND ViaHostingWebServices. ("ViaHosting", "WE" OR "US") a provider of retail web hosting, e-mail, electronic commerce, and domain name services (“Services”).

A. Acceptance:

1. YOU AGREE TO REFRAIN FROM THE FOLLOWING EXAMPLES OF PROHIBITED CONDUCT;

2. IF YOU ARE ACCEPTING ON BEHALF OF A COMPANY, YOU REPRESENT AND WARRANT TO ViaHosting THAT YOU HAVE FULL AUTHORITY TO BIND SUCH COMPANY; AND

3. IF YOU DO NOT AGREE TO ABIDE BY THIS POLICY PLEASE DO NOT USE OUR SERVICES.

B. Prohibited conduct

You will violate this Policy if you engage in the following examples of prohibited activities while using our Services:

1. Spamming

   1. Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”)

   2. Maintaining an open SMTP relay

2. Facilitating a Violation of this Policy

   1. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Policy, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software

3. Infringing Intellectual Property Rights

   1. Engaging in any activity that:

   1. infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities

   2. violates privacy, publicity, or other personal rights of others

4. Obscene Speech or Materials

1. Using ViaHosting to advertise, transmit, store, post, display, or otherwise make available child pornography or other forms of pornography or obscene speech or material. ViaHosting shall notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through ViaHosting

5. Promoting Violence or Injury

   1. Advocating, promoting or providing assistance in carrying out violence or any other unlawful activity against any persons, animals or any governments, businesses or other entities

   2. Describing or displaying a weapon, or parts of weapons, or manuals for assembling any weapon, including but not limited to firearms, ammunition, explosives, grenades, bombs and caustic or other dangerous substances

   3. Promoting products or services that involve a significant risk of death or injury to any persons, or damage to business or other entities or property

6. Defamatory or Abusive Language

   1. Using ViaHosting’ Services as a means to transmit or post defamatory, harassing, abusive, or threatening language

7. Forging of Headers

   1. Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message

8. Illegal or Unauthorized Access to Other Computers or Networks

   1. Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking")

   2. Engaging in any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity)

9. Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities

   1. Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks

   2. Engaging in activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment

10. Export Control Violations

    1. Exporting encryption software over the Internet or otherwise, to points outside Canada or the United States

11. Illegal Activities

    1. Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, phishing scams, fraudulently charging credit cards, and pirating software

12. Gambling

    1. Engaging in or promoting gambling

13. Promoting Intoxicants

    1. Illegally displaying or promoting any type(s) of intoxicant, alcoholic beverage, cigarettes or illegal substance

14. Instructing others in Prohibited Activities

    1. Providing instructions with respect to any activities listed in (a) through (n) above

15. Other Activities

    1. Engaging in any other activity, whether lawful or unlawful, that ViaHosting in its sole discretion determines to be harmful to customers, operations, reputation, goodwill, or customer relations.

C. Failure to abide by this acceptable use policy

ViaHosting reserves the right in its sole and absolute discretion to restrict or remove from its servers any content that it deems to be in violation of this Acceptable Use Policy or any laws. ViaHosting may immediately take action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Service(s), (c) restricting or prohibiting any and all uses of content hosted on ViaHosting' systems, and/or (d) disabling or removing: any hypertext links to third-party web sites, any of your content distributed or made available for distribution via the Services, or (iii) other content not supplied by ViaHosting. It is ViaHosting' policy to terminate Services to infringers. The above stated rights of action, however, do not obligate ViaHosting to monitor or exert editorial control over the information made available for distribution via the Services and you acknowledge that ViaHosting has no obligation to censor or monitor use of the Services by you, or any obligation to censor or monitor any content, material or other information sent, received or accessible through the Services. In the event ViaHosting takes action due to such possible violation, ViaHosting shall not be obligated to refund to you any fees paid in advance of such action.