Tems Of Service
As a provider of Internet access, web site hosting, and other Internet-related services, Pinkhosting offers its customers (also known as subscribers), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Pinkhosting respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue; Pinkhosting reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Pinkhosting has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing Pinkhosting's services. This AUP will be revised from time to time. A customer's use of Pinkhosting's services after changes to the AUP are posted on Pinkhosting's web site, www.pinkhosting.com, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes. Pinkhosting reserves the right to amend, change, or modify Terms of Service without notifying the customers
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Pinkhosting cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because Pinkhosting cannot monitor or censor the Internet, and will not attempt to do so, Pinkhosting cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
When subscribers disseminate information through the Internet, they also must keep in mind that Pinkhosting does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Pinkhosting's network and may reach a large number of people, including both subscribers and non-subscribers of Pinkhosting, subscribers' postings to the Internet may affect other subscribers and may harm Pinkhosting's goodwill, business reputation, and operations. For these reasons, subscribers violate Pinkhosting policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward Pinkhosting, but also because it can overload Pinkhosting's network and disrupt service to Pinkhosting subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Pinkhosting has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list. Customers engaging in spam, while operating an open SMTP relay will have their accounts terminated and all moneys forfeited.
Intellectual Property Violations -- Engaging in any activity that 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. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Pinkhosting is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Pinkhosting's policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Obscene Speech or Materials -- Using Pinkhosting's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Pinkhosting is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Pinkhosting's network. We will notify the authorities and provide them with your complete contact information as well as all logs required to successfully prosecute child pornography cases, including your home IP numbers, logs of all activities, payment details, and any/all information we have on fil
Obscene Speech or Materials -- Using Pinkhosting's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Pinkhosting is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Pinkhosting's network. We will notify the authorities and provide them with your complete contact information as well as all logs required to successfully prosecute child pornography cases, including your home IP numbers, logs of all activities, payment details, and any/all information we have on file.
Defamatory or Abusive Language -- Using Pinkhosting's network as a means to transmit or post defamatory, harassing, abusive, or threatening language shall result in suspension and subsequent termination of services.
Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message shall result in suspension and subsequent termination of services. Should we detect you using our servers to SPAM, your account shall be terminated.
Illegal or Unauthorized Access to Other Computers or Networks -- 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"). Also, 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). This includes running 'anonymous services' such as Proxy servers,VPN servers, and other servers which allow the public to use our network address space to mask their identity. Internet Relay Chat is not permitted on our network, otherwise known as IRCd or 'IRC'.
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, 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. Such activities shall result in suspension and subsequent termination of services.
Facilitating a Violation of this AUP -- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software. Such activities shall result in suspension and subsequent termination of services.
Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software. Downloading pirated software using P2P applications shall result in immediate termination of services. You are not permitted to use Pinkhosting networks and servers, to pirate software illegally. Software piracy is a crime, and we will forward details of violators to authorities upon discovery. We regularly scan our servers for pirated software i.e. 'warez'.
Other Activities -- Engaging in activities, whether lawful or unlawful, that Pinkhosting determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations. Pinkhosting subscribers are not permitted to cause disruption to other users by way of inbound DDOS/DOS attacks. Subscribers who are attacked by DDOS/DOS shall be null routed to prevent damage to our network and other users. We do not provide DDOS/DOS friendly hosting and do not provide haven to sites which are considered 'DDOS magnets'.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. Pinkhosting will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Pinkhosting policy or applicable law. When Pinkhosting becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate. Pinkhosting does not permit it's subscribers to host adult material on our web or database servers.
This is the responsibility of the customer to research thoroughly. If Pinkhosting - Security receives an order to provide information about a customer to a law enforcement authority, we will provide that information. Pinkhosting will absolutely not be held accountable for information stored on Pinkhosting servers. Customer is 100% responsible for all data stored under his account / control. Proof positive of a customer's access & knowledge of data stored on said servers includes FTP logs, login logs, and payment/signup confirmations. We record and store IP's used to access our systems, and will forward said information to law enforcement if request follows due process.
Pinkhosting does maintain it's own backups of file, web, and database servers. These backups can be used by Pinkhosting to restore a failed server or drive array. These backups are not for the customer's usage, and no custom restore requests can be guaranteed to be processed. Customer is responsible for their own backups. Pinkhosting holds absolutely no liability to any customer for any data stored on Pinkhosting servers.
Pinkhosting also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching Pinkhosting's facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. Pinkhosting does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Pinkhosting has the right to directly take action against a customer of a subscriber. Also, Pinkhosting may take action against the Pinkhosting subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Pinkhosting anticipates that subscribers who offer Internet services will cooperate with Pinkhosting in any corrective or preventive action that Pinkhosting deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Pinkhosting policy.
Pinkhosting also 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, Pinkhosting urges its subscribers to assume that all of their on-line communications are insecure. Pinkhosting cannot take any responsibility for the security of information transmitted over Pinkhosting's facilities.
Pinkhosting reserves the right to cancel any account at any time, for any reason. We expect our users to treat our technical support engineers with a professional tone at all times. Should any users use profanity, threats, or otherwise verbally abuse our engineers the contract for services between 'user' and 'provider' shall be nulled.
Pinkhosting will not be responsible for any damages your business may suffer. In case of payment reversal or charge back, customer account shall be immediately and permanently closed, without further possibility of reactivation. In such a case all data would be irrevocably deleted. This applies to any and all accounts. Pinkhosting makes no warranties of any kind, expressed or implied for services we provide. Pinkhosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Pinkhosting and its employees. Services deactivated due to non-payment or decline of charges, will be assessed a 125.00 EUR delay penalty, which shall not be waived under any circumstances. This is particularly important for customers choosing to make payment via PayPal, as per our terms, pre-paid accounts will be disconnected on the last day of the subscription unless balance has been recharged in advance. Customers electing to pay via Credit Card will be automatically billed.
Pinkhosting will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. If Pinkhosting detects illegal activity taking place on it's network, it may record incoming and outgoing IP addresses, and any other information needed to assist in the prosecution of offenders. Pinkhosting reserves the right to use any method available to monitor and record illegal activities taking place on it's network, and forward these records to law enforcement, if we feel that it is in the interest of public safety.
Pinkhosting will monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Pinkhosting may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Pinkhosting assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Pinkhosting may disclose subscriber information or information transmitted over its network where necessary to protect Pinkhosting and others from harm, or where such disclosure is necessary to the proper operation of the system.
Pinkhosting expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate Pinkhosting policy. Finally, Pinkhosting wishes to emphasize that in signing the service agreement, subscribers indemnify Pinkhosting for any violation of the service agreement, law, or Pinkhosting policy that results in loss to Pinkhosting or the bringing of any claim against Pinkhosting by any third-party. This means that if Pinkhosting is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against Pinkhosting, plus costs and reasonable attorneys' fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including Pinkhosting and its subscribers, as responsible members of the Internet.