As a provider of web site hosting, and other Internet-related services, ProIT Hosting offers its clients, and their customers and users, the means to disseminate a wealth of public, private, commercial, and noncommercial information. ProIT Hosting respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, ProIT Hosting reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, ProIT Hosting 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 ProIT Hosting’s services. This AUP will be revised from time to time. A customer's use of ProIT Hosting’s services after changes to the AUP are posted on ProIT Hosting’s web site, www.proithosting.com, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.

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 to disseminate information to others.

When information is disseminated through the Internet, users also must keep in mind that ProIT Hosting does not review, edit, censor, or take responsibility for any information its clients 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 ProIT Hosting’s network and may reach a large number of people, including both clients and non-clients of ProIT Hosting, clients' postings to the Internet may affect other clients and may harm ProIT Hosting’s goodwill, business reputation, and operations. For these reasons, clients violate ProIT Hosting policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
• Spamming
• Intellectual Property Violations
• Adult Material
• Defamatory or Abusive Language
• Forging of Headers
• Illegal or Unauthorized Access to Other Computers or Networks
• Background Running Programs
• Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
• Facilitating a Violation of this AUP
• Export Control Violations
• Usenet Groups
• Other Illegal Activities
• Other Activities

Spamming
Sending unsolicited bulk and/or commercial messages over the Internet is known as "spamming". It is not only harmful because of its negative impact on consumer attitudes toward ProIT Hosting, but also because it can overload ProIT Hosting’s network and disrupt service to ProIT Hosting clients. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, ProIT Hosting has the discretion to determine from all of the evidence whether the e-mail recipients were from an "opt-in" e-mail list.

Intellectual Property Violations
This type of violation includes:
• Engaging in any activity that infringes on or misappropriates the intellectual property rights of others; including copyrights, trademarks, service marks, trade secrets, and patents held by individuals, corporations, or other entities;
• Engaging in software piracy; or
• Engaging in any activity that violates privacy, publicity, or other personal rights of others.
ProIT Hosting is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also ProIT Hosting’s policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Adult Material
Because the Internet is a global communication tool and we have clients from nearly every country in the world, it is difficult to dictate what is considered "adult material." However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. This being said, there are still several reasons why ProIT Hosting has been forced to create its no adult sites policy for its virtual server users.

What does ProIT Hosting consider "Adult Material?"
• Any site whose revenue is gained in part or whole from its adult content.
• Photos or videos showing frontal nudity on either men or women for nonscientific or non-artistic purposes.
• Revenue-generating hyperlinks to sites who violate policy #1.

Why does ProIT Hosting have this policy?
A virtual server is a shared environment where many web sites reside on each particular machine. Consider that an average "adult site" gets more hits than 100 standard websites. Some of the smaller adult sites get around 5 GB of transfer per day. With these types of resources being utilized, our servers would be severely slowed if we allowed these high traffic sites to also reside on our servers. On top of that, we would be forced to raise our prices to pay for the additional bandwidth. We strive to keep our servers fast and inexpensive, and our bandwidth clear; therefore, adult sites are not an option.
ProIT Hosting reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related". Let us know if you are unsure of the approval of your site before placing an order.

Defamatory or Abusive Language
Using ProIT Hosting’s network as a means to transmit or post defamatory, harassing, abusive, or threatening language is prohibited.

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

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") is not permitted. 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) is prohibited.

Background Running Programs
Background Daemons in general are prohibited on ProIT Hosting servers. These include but not limited to IRC bots, eggdrop, BitchX, XiRCON, warez sites and any other program that interferes with normal server operation.
ProIT Hosting will be the sole arbiter of what constitutes a violation of the above policy.

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
Sending or distributing information regarding the creation of Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks is prohibited. 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 are prohibited.

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, mailbombing, denial of service attacks, and piracy of software is prohibited.

Export Control Violations
Exporting encryption software over the Internet or otherwise, to points outside the United States is prohibited.

Usenet Groups
ProIT Hosting reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

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 is prohibited.

Other Activities
Engaging in activities, whether lawful or unlawful, that ProIT Hosting determines to be harmful to its clients, operations, reputation, goodwill, or customer relations is prohibited.
As we have pointed out, the responsibility for avoiding the harmful activities described above rests primarily with the client. ProIT Hosting will not, as an ordinary practice, monitor the communications of its clients to ensure that they comply with ProIT Hosting policy or applicable law. When ProIT Hosting 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.
ProIT Hosting 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, ProIT Hosting urges its clients to assume that all of their on-line communications are insecure. ProIT Hosting cannot take any responsibility for the security of information transmitted over ProIT Hosting’s facilities.
ProIT Hosting will not intentionally monitor private electronic mail messages sent or received by its clients unless required to do so by law, governmental authority, or when public safety is at stake. ProIT Hosting may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, ProIT Hosting may disclose information, including but not limited to, information concerning a client, 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. ProIT Hosting assumes no obligation to inform the client that client information has been provided and in some cases may be prohibited by law from giving such notice. Finally, ProIT Hosting may disclose client information or information transmitted over its network where necessary to protect ProIT Hosting and others from harm, or where such disclosure is necessary to the proper operation of the system.
We hope this AUP is helpful in clarifying the obligations of Internet users, including ProIT Hosting and its clients, as responsible members of the Internet. Any complaints about a client's violation of this AUP should be sent to support@proithosting.com
*This Accepted Use Policy and all other ProIT Hosting policies are subject to change by ProIT Hosting without notice. Continued usage of the services after a change to this policy is implemented and posted on the ProIT Hosting site constitutes your acceptance of such change or policy. We encourage you to regularly check the ProIT Hosting site for any changes or additions. Visit our Terms & Conditions for further information regarding our policies.