When you open your 42, Inc. account, you join two communities. First is the community formed by our network and our customers; the second community is the one made up of all Hosting and users connected to each other to form the Internet. Becoming a member of these communities gives you certain rights and privileges, but also imposes certain duties and responsibilities. 42, Inc. has established an Acceptable Use Policy in order to make these duties and responsibilities more clear. This document is intended to provide a general understanding of 42, Inc.'s Acceptable Use Policy. The following factors guide the establishment and enforcement of 42, Inc.'s usage policies:

  • Ensure reliable service to our customers
  • Ensure security and privacy of our systems and network, as well as the hosting and systems of others
  • Comply with existing laws
  • Maintain our reputation as a responsible service provider - Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
  • Preserve the value of Internet resources as a conduit for free expression and exchange of information
  • Preserve the privacy and security of individual users
42, Inc. intends to provide its customers access to everything the Internet has to offer. While 42, Inc. is firmly committed to the principles of free speech, certain activities are damaging to the resources of both 42, Inc. and the Internet and cannot be permitted under the guise of free speech. The resources of 42, Inc. and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

If a 42, Inc. account is used to violate the Acceptable Use Policy, we reserve the right to terminate or suspend your service without notice and you agree to indemnify 42, Inc. and its affiliates against any claims threatened or brought by third parties as a result of your violation of this Acceptable Use Policy and/or the content of your website. We prefer to advise customers of inappropriate behavior and any necessary corrective action. However, violations of the Acceptable Use Policy will result in immediate termination or suspension of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
If you have any questions regarding this policy, please contact us

General Information
42, Inc. customers are prohibited from transmitting on or through any of 42, Inc.'s services, any material that is, in 42, Inc.'s sole discretion, unlawful, obscene, threatening, abusive, defamatory, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law.
In general, you may NOT use your 42, Inc. account:
  • In a manner which violates any law, regulation, treaty or tariff;
  • In a manner which violates the rules, regulations and policies of any network, server, web site, database or service provider that you access through your 42, Inc. account;
  • In a manner which is defamatory, fraudulent, indecent, offensive or deceptive;
  • To threaten, harass, abuse or intimidate others;
    To damage the name or reputation of 42, Inc., its' parent, affiliates and subsidiaries;
  • To break security on any computer network, or to access an account which does not belong to you; or
  • In a manner which interferes with other customers' use and enjoyment of the services provided by 42, Inc. .

42, Inc.'s services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. 42, Inc. reserves the right to remove such illegal material from its servers or to immediately terminate your services without notice.
The customer is responsible for keeping billing data with 42, Inc. up-to-date and accurate. Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.
42, Inc. reserves sole discretion to determine whether any use of the service is a violation of this policy. Guidelines for using your account follow. This information is only a guideline, and is not intended to be all-inclusive.

Email
42, Inc. may block mail that violates this AUP. Inquiries regarding this policy should be directed to support@42inc.com.

Bulk Mail
You may not use your Mail Service to send Bulk Mail. "Bulk Mail" means email messages of similar content that are sent to more than two hundred and fifty (250) recipients. Attempts to circumvent this restriction by breaking up bulk email over time, using multiple accounts, or other means will be a violation of this restriction.

You may not use a third party other than an authorized 42, Inc. partner to send Bulk Mail that references a Mail Service email address or that has a Mail Service return email address.

You may not intentionally use your Mail Service for the purpose of receiving bulk email from others. For example, you may not submit any Mail Service email address to a "Safelist" or "Free for All" (FFA) list.

"Mail messages sent to other users within your domain names hosted on the 42, Inc. system are not Bulk Mail.

Unsolicited Mail
You may not send unsolicited email. Email is unsolicited if you have no pre-existing relationship with the recipient, unless the recipient has published or otherwise provided or his or her email address in a manner which implies consent to receive the email.

Message Source
You may not obscure the source of your email in any manner, including by intentionally omitting, forging, or misrepresenting messages headers or return addresses.

Offensive Content
You may not use the Mail Services to distribute content or links to content that 42, Inc. reasonably believes:

  • constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, or non-consensual sex acts;
  • is excessively violent, incites violence, threatens violence or contains harassing content or hate speech;
  • is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
  • is defamatory or violates a person's privacy;
  • creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security or interferes with a investigation by law enforcement;
  • improperly exposes trade secrets or other confidential or proprietary information of another person;
  • is intended to assist others in defeating technical copyright protections;
  • infringes on another person's copyright, trade or service mark, patent or other property right;
  • promotes illegal drugs, violates export control laws, relates to illegal gambling or illegal arms trafficking;
  • is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to 42, Inc.;
  • is otherwise malicious or fraudulent, or may result in retaliation against 42, Inc. by offended recipients; or is intended to harass or threaten.

You may not send email of any kind to a person who has indicated that they do not wish to receive it.

Security
You may not probe, scan, or test 42, Inc.'s systems for vulnerabilities. You may not violate or attempt to violate 42, Inc.'s security measures. You may not use 42, Inc.'s services to probe, scan or test a third party's systems for vulnerabilities, or to violate or attempt to violate a third party's security measures. Examples of security violations are: (i) attempting to access data not intended for your use; (ii) attempting to log into an account that you are not authorized to access; (iii) attempting to obtain services you have not paid for (including 42, Inc. Services); (iv) attempting to discover another person's authentication information; and (v) interfering with another user's use of the Services.

You must use reasonable security precautions in connection with your use of the Services, such as a desktop virus scanner and firewall. If your Service is exploited by a third party, 42, Inc. may suspend your Services until the vulnerability is addressed. For example, 42, Inc. may suspend your Mail Service if you are distributing a virus, even if you are unaware that you are distributing a virus.

System Abuse
You may not use the Mail Services in a way that creates technical disturbances for other 42, Inc. customers or for the 42, Inc. systems generally. In addition:
  • No Shared Mailboxes - each mailbox may be used by one natural person at a time. Attempts to log into a single mailbox simultaneously from more than one computer are prohibited. You may not use automated tools such as "Fetchmail" or "Microsoft Exchange Connector" to virtualize one mailbox into multiple mailboxes.
  • Automated Use - mailboxes are not intended for automated use such as sending emails from web servers, or receiving emails by automated programs. However, such use is permitted provided Customer does not violate this AUP. 42, Inc. does not provide technical support for this type of use.

Email Abuse Complaints
Complaints from email recipients and third party abuse agencies (e.g. SpamHaus or Spamcop) shall be deemed proof of the facts stated therein unless you provide compelling evidence to the contrary. 42, Inc. shall have the right to terminate your Mail Service if we receive excessive or repeated complaints from your email recipients, regardless of whether you are in breach of this AUP or are otherwise at fault.

Blacklisting/Retaliation
42, Inc. may terminate your Services if your email address or related IP number(s) is/are blacklisted by any third party, or 42, Inc. is retaliated against as a result of your email, regardless of whether you are in breach of this AUP or are otherwise at fault.

Third Party Mail Marketing
You may not use your Mail Service to send Bulk Mail (defined above) except via a mail marketing service that we have approved in advance. You must comply with the CAN-SPAM Act of 2003 and other laws and regulations applicable to bulk and commercial mail. In addition, you must meet all of the following requirements:
  • The mail may be sent only to individuals who have affirmatively indicated they wish to receive it;
  • Your procedures for seeking consent include reasonable means to ensure that the person giving consent is the owner of the email address for which consent is given;
  • You retain evidence of each recipient's consent in a form that can be promptly produced on request, and you honor the recipient's and 42, Inc.'s requests to produce consent evidence within 72 hours of receipt of the request.
  • You have procedures in place that allow a recipient to revoke their consent — such as a link in the body of the email, or instructions to reply with the word "Remove" in the subject line; you honor revocations of consent within 48 hours, and you notify recipients that the revocation of their consent will be implemented within 48 hours;
  • You have procedures in place to prevent you from adding to a list a recipient who has previously revoked their consent;
  • You must post an email address for complaints (such as abuse@yourdoman.com) in a conspicuous place on any website associated with the email, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
  • You must have a Privacy Policy posted for each domain associated with the mailing;
  • The subject line of the email must clearly describe the subject matter contained in the email, and the message must include valid contact information, including your physical address;
  • You have the means to track anonymous complaints; and
  • You must not attempt to send any message to an email address if 3 consecutive delivery rejections have occurred and the time between the third rejection and the first rejection is longer than fifteen days.
These requirements apply to distribution lists created by third parties to the same extent as if the list were created by you.
You may not use a third party email service that does not practice similar procedures for all of its customers.

42, Inc. may test and otherwise monitor your compliance with these requirements and may require you to seek advance approval for any Bulk Mail. 42, Inc. may throttle your mailing if your Bulk Mail is generating excess bounced messages.

Web Sites
42, Inc. provides storage space and access for web sites through its Web services. 42, Inc. will not routinely monitor the contents of your web sites. You may only host one domain per virtual account; resellers are allowed to host unlimited domains.
You are solely responsible for any information contained on your web site. However, if complaints are received regarding language, content or graphics contained on your web site, 42, Inc. may, at its sole discretion, remove the web site hosted on 42, Inc. servers and terminate your Web service. You agree to promptly reimburse 42, Inc. for any reasonable expenses it incurs (including attorney's fees) in defending itself form third party claims relating to any of the content (whether created by you, your customers or your users) contained on your website.
You may not use your web site to publish material which 42, Inc. determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.
Unlawful content is that which violates any law, statute, treaty, regulation, or lawful order. This includes, but is not limited to: obscene material; defamatory, fraudulent or deceptive statements; threatening, intimidating or harassing statements, or material which violates the privacy rights or property rights of others (copyrights or trademarks, for example).
Indecent content is that which depicts sexual or excretory activities in a patently offensive matter as measured by contemporary community standards.Objectionable content is otherwise legal content with which 42, Inc. concludes, in its sole discretion, it does not want to be associated in order to protect its reputation and brand image, or to protect its employees, shareholders and affiliates.
Your subdomains are allowed to be used for any legal purpose. You may not sell the subdomain space to others, nor may you point other domain names to your subfolders.
Examples of prohibited web site content:
Material which encourages the commission of a crime; or which tends to incite violence; or which tends to degrade any person or group based on sex, nationality, religion, color, age, marital status, sexual orientation, disability or political affiliation.

Security
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest, visitor or employee. Therefore, you must take steps to ensure that others do not gain access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
Denial of Services, DDoS, Smurf and other service attacks started against your web site will effect the entire population of the Totalchoice Network, therefore your site will be subject to immediate termination of your account.
You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
You may not attempt to circumvent user authentication or security of any host, network or account ("cracking"). This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other Hosting. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
You may not host within your account files used to hack, crack, decode or generate keys.
You may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of Hosting, deliberate attempts to overload a service, and attempts to "crash" a host.
Users who violate systems or network security may incur criminal or civil liability. 42, Inc. will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Network Management
You are responsible for ensuring that the services obtained from 42, Inc. are used in an appropriate manner by your customers and users. Therefore, you must take steps to manage the use of the services obtained from 42, Inc. in such a way that network abuse is minimized. You must also make information publicly available about how to contact you, and you must respond in a timely manner to complaints concerning misuse of the services obtained from 42, Inc. . Failure to responsibly manage the use of the services obtained from 42, Inc. may be cause for termination of services to you.
You must designate one or more individuals ("Contacts") to be responsible for every host, IP network or subnet connected to the Internet through the use of the services. You must provide Contact names, phone numbers, and postal and e-mail addresses ("Contact Information") to any and all appropriate Domain Name Registrars prior to the initial network connection of your service. You must keep Contact Information updated and accurate at all times. Changes in the Contact Information must be sent to the appropriate Domain Name Registrars in a timely manner. Contacts must have the authority, access and tools necessary to configure, operate and control access to your systems.
For important timesharing hosts, primary domain name servers and mail relays or gateways, Contacts must be accessible to 42, Inc. via telephone 24 hours a day, 7 days a week. Every customer who allows third party access to the services provided by 42, Inc., whether such third parties are employees, users or customers, must maintain a postmaster address for the receipt of complaints by e-mail. Messages delivered to the postmaster address must be reviewed and handled in a timely manner.
Additionally, you may not run any type of proxy service from your account. This includes but is not limited to a http proxy.

Network Performance
42, Inc. accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination or suspension of your account without notice.
You are prohibited from excessive consumption of resources, including but not limited to, CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performance of 42, Inc. systems or Hosting. 42, Inc. reserves the right to terminate or limit such activities.
Denial of Services, DDoS, Smurf and other service attacks started against your web site will effect the entire population of the Totalchoice Network, therefore your site will be subject to immediate termination of your account.

Privacy Statement
42, Inc. has a policy to respect and protect the privacy of its customers and their information that is stored with 42, Inc. 42, Inc. will only access and disclose information as necessary to comply with applicable laws and government requests, to provide the 42, Inc. Services, to operate or maintain its systems or to protect itself or its customers.
If you have any questions regarding these policies, please contact us

 
 
 
 
 
 
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