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    Acceptable Use Policy

    This Acceptable Use Policy (“AUP”) governs your use of the Services and is incorporated by reference into Berkshire Host’s Terms of Service. Unless otherwise stated, defined terms in this AUP have the meanings provided in the Terms of Service. Berkshire Host may modify this AUP at any time without notice.

    The Services provided by Berkshire Host may only be used for lawful purposes. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services. Berkshire Host reserves the right to refuse service to anyone. Any material that in our judgment violates this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to an email from our abuse department within the specified time period in our email to you may result in the suspension or termination of the Services.

    Responsibilities of Account Holder

    You are responsible for the activities of your agents, representatives, and end-users (“Users”) and will they abide by this AUP. The Services shall be used solely for legitimate business and commercial purposes, and you shall not use the Services for activities which, in Berkshire Host’s sole discretion, may be illegal, offensive, abusive, or in a manner that interferes with or adversely affects the Services or use of the Services (including deliberate attempts to overload a system and broadcast attacks) or that would expose Berkshire Host to criminal or civil liability.

    Prohibited Uses

    Infringement of Intellectual Property Rights

    Use of the Services to infringe upon another party’s intellectual property rights is prohibited. This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. Selling or offering to sell any counterfeit merchandise will result in the immediate termination of your account. Any account found to be infringing on the intellectual property rights of others will be expeditiously removed or access to the material will be disabled. Any account found to be in repeated violation of this prohibition will be suspended or terminated.

    If you believe that your intellectual property rights are being infringed upon, please email  abuse@BerkshireHost.com  For copyright infringement claims, Berkshire Host follows the Digital Millennium Copyright Act (“DMCA”) notice and takedown procedures.

    Using shared web hosting as backup or storage devices.

    You may not use your shared hosting account as a backup solution. Our Services are designed to host your website only and may not be used as a data repository with the exception of one cPanel backup of the same account.  BerkshireHost reserves the right to delete or remove multiple backups in your account that may take up excess disk space.

    Inappropriate Materials

    Zero Tolerance for Adult Content

    Berkshire Host has a zero tolerance policy in effect for adult content. We do not allow any content considered “adult material” on our servers. This includes any type of media that may contain nudity, partial nudity, or anything else of adult nature determined in Berkshire Host’s sole discretion. Violators of this policy will be immediately terminated without a refund.

    Zero Tolerance for Child Pornography

    Content that is potentially harmful to minors, as determined in Berkshire Host’s sole discretion, is strictly forbidden, including but not limited to, child pornography or content perceived to be child pornography. Any website found to host child pornography or linking to child pornography will be suspended immediately without notice.

    Additional Prohibited Content

    Additional Unacceptable Content Includes but is not limited to the following and may be updated from time to time by BerkshireHost

    BerkshireHost reserves the right to refuse service to anyone.  Any material that we that in our opinion or judgement violates the Terms of Services or this AUP in any manner or is obscene, threatening, or illegal may be removed from our servers with or without further notice.

    1. Warez, Piracy Sites, Copyright Infringment, Infringing the intellectual property or other proprietary rights of others.
    2. Any Website related to Cannabis, and/or CBD is strictly forbidden.
    3. IRC Servers, Scripts/Bots, Proxy Scripts
    4. Image Hosting Scripts to the likes of PhotoBucket
    5.  Mail Bombers,
    6. Bruteforce Programs, IP Scanners
    7. File Dump Sites (Similar to RapidShare)
    8. Commercial Audio Streaming (Similar to Spotify, and iHeart Radio)
    9. Investment sites, and/or Pyramid schemes.
    10. Banking Programs
    11. Lottery and Gambling, and/or Gambling Game sites
    12. Hackers focused sites, archives, warez, and programs.
    13. Any sites promoting illegal activities
    14. Escrow Sites
    15. Forums and/or websites that may Link to Warez/pirates/illegal/or copyright content.
    16. Cryptocurrency Miners
    17. Broadcast or Streaming of Live Sports Events
    18. PayDay Loan Websites including Affiliate programs
    19. Engaging in Offensive behavior or activities such as harassment, or distributing content that is inappropriate, obscene, defamatory, threating, abusive, advocates violence, or that violates a law, regulation, or public policy.
    20. Promoting or facilitating prostitution or sex trafficking
    21. Distributing computer viruses, worms, Trojan horses or other malicious code

    Inappropriate Usage of Resources

    You, your representatives, or your users may not:

    • Run any type of Software that interfaces with IRC (Internet Relay Chat) network
    • Use Twenty-Five percent (25%) or more of our system resources for longer than ninety (90) seconds at a time.  Activities that could cause this include but are not limited to CGI Scripts, FTP, PHP, HTTP, etc.
    • Run any type of web spider or indexer on shared servers.
    • Run any bit-torrent application, tracker, or client.  You may link to legal torrent off-site, but may not host or store them on our shared servers.
    • Participate in file-sharing and/or peer-to-peer activities.
    • Run cron job entries with intervals of less than fifteen (15) minutes.
    • Run any gaming servers 
    • Run any MySQL queries longer than (15) seconds. MySQL tables should be indexed appropriately and optimized.

    INODES

    The use of more than two hundred thousand (200,000) inodes on any shared server account may result in a warning that you are approaching our limit.  The use of more than two hundred and fifty thousand (250,000) inodes may result in a warning, and if no action is taken to reduce the excessive use of inodes, your account may be suspended.

    If an account exceeds one hundred thousand (100,000) inodes it will automatically be removed from our backup system to avoid over-usage.

    Every file (i.e. a webpage, image file, email, folder, etc) on your account used up one (1) inode.

    The primary cause of excessive inodes is typically due to Users leaving their main email address enabled, but never checking the account mailbox.  Over time, tens of thousands of messages (or more) build up, eventually pushing the account past an acceptable limit of inodes.

    ZERO Tolerance Spam Policy

    BerkshireHost takes Zero Tolerance against sending bulk email, unsolicited e-mail, spam.

    Purchased lists, and selling of lists will be treated as spam.

    We may terminate the account of any user who send out spam with or without notice.

    • Any user account which causes or results in our IP space being blacklisted will be immediately suspended and/or terminated.
    • Websites advertised vis Spam (Spamvertised) may not be hosted on our servers.  This provision includes, but is not limited to, spam sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups.
    • Any User account which
    • BerkshireHost reserve the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee or any charges incurred for blacklist removal at our sole discretion.

     

    Defamation Policy

    Websites hosted on Berkshire Host’s servers in the U.S. are regulated by U.S. law. Accordingly, pursuant to Section 230(c) of the Communications Decency Act, Berkshire Host’s policy is not to remove allegedly defamatory material from websites hosted on our servers unless the material has been found to be defamatory by a court, as evidenced by a court order. As a webhost, Berkshire Host is not a publisher of User content and we are not in a position to investigate the veracity of individual defamation claims. We rely on the legal system and the courts to determine whether or not material is indeed defamatory. In any case in which a court order indicates that material is defamatory, libelous, or slanderous in nature, we will disable access to the material. Similarly, in any case in which a U.S. court has placed an injunction against specified content or material being made available, we will comply and remove or disable access to the material in question.

    BerkshireHost's Rights

    Berkshire Host reserves the right at all times to investigate any actual, suspected, or alleged violations of this AUP. You shall reasonably cooperate with Berkshire Host in investigating and correcting any actual or alleged breach of this AUP by yourself of any User. Berkshire Host further reserves the right to cooperate with legal authorities and third parties in investigating any alleged violations of this AUP, including disclosing the identity of any User that Berkshire Host believes is responsible for such violation. Berkshire Host may implement technical mechanisms to prevent AUP violations.

    Nothing in this AUP shall limit Berkshire Host’s rights and remedies at law or in equity that may be available.

    Disclaimer

    Berkshire Host is under no duty to monitor user’s activities, and Berkshire Host disclaims any responsibility for any User’s misuse of the Services. Berkshire Host has no responsibility for any User or other third-party material or information created, stored, maintained, transmitted or accessible on or through the Services, and is not obligated to monitor or exercise any editorial control over such material. In the event that Berkshire Host becomes aware that any such material violates this AUP and/or exposes Berkshire Host to civil or criminal liability, Berkshire Host may, but is not required to, block access to such material. Unless otherwise stated in this AUP, Berkshire Host disclaims any obligation to any person who has not entered into an agreement with Berkshire Host for use of the Services.

    AUP Violations

    Your Services may be terminated with or without notice upon any violation of this AUP. If applicable, violations will be reported to the appropriate law enforcement agency.

    A failure to respond to an email from our abuse department within forty-eight (48) hours, or as otherwise specified in the email, may result in the suspension or termination of your Services. All abuse issues must be dealt with via trouble ticket/email and will receive a response within forty-eight (48) hours.

    If you feel you have discovered a violation of our AUP please report it to: abuse@BerkshireHost.com

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