Riven Host - Professional Web Hosting Solutions

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Acceptable Use Policy

This Acceptable Use Policy ("TOS") governs the use of Rivenhosts services ("Service") or network ("Network"). This includes but is not limited to, any use or access by Rivenhost's Customers ("Customers"), Rivenhost's Customers' Customers, members, end-users and agents or any other parties who access the Service or Network ("Users"). This AUP is also intended to establish clear expectations between Rivenhost and it's Customers when using our services. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and Rivenhost regarding the interpretation of this AUP, Rivenhost's interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this AUP, contact legal@rivenhost.com.

Rivenhost supports the uncensored flow of information and ideas and does not exercise editorial control over the content of any website, e-mail, newsgroups or other resource created or accessible over or through the Service. However, in compliance with our TOS (Terms of Service) we may remove any materials that in our sole discretion, may be illegal, subject us to liability or which may violate this AUP. Rivenhost may cooperate with legal entities and/or third parties in the investigation of any suspected or alleged crime or civil wrong doing.

Rivenhost believes in working with our Customers and we will work with our Customers to resolve any AUP violations before taking action which could cause a Customers service to be unavailable. Unfortunately, due to the nature or serverity of some violoations, expedited action by Rivenhost may be required. Rivenhost reserves the right to immediately suspend or terminate, without warning Services to a Customer who is in violation of the AUP.

The following activities are expressly prohibited, and are considered violations of the AUP. These definitions are guidelines and are not intended to be exhaustive or all inclusive. Rivenhost will be the sole arbiter as to what constitutes as unacceptable use.

TABLE OF CONTENTS

Offensive Content
Unsolicited Commercial/Bulk E-Mail
Material Protected by Copyright
Internet Abuse
Security
Other
Disclaimer

OFFENSIVE CONTENT

You may not publish or transmit via Rivenhost's service any content that Rivenhost reasonably believes:

Constitutes pornography;
Constitutes child pornography;
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;
Clearly infringes on another person's 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 Rivenhost; or
Is otherwise malicious, fraudulent, or may result in retaliation against Rivenhost by offended viewers.

Content "published or transmitted" via Rivenhost's service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by Rivenhost.

UNSOLICITED COMMERCIAL/BULK E-MAIL

You must obtain Rivenhost's advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to Rivenhost's reasonable satisfaction:

Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
You retain evidence of the recipient's consent in a form that may be promptly produced on request, and you honor recipient's and Rivenhost's requests to produce consent evidence within 72 hours of receipt of the request.
The body of the e-mail must describe how the e-mail address was obtained, for example, "You opted in to receive this e-mail promotion from our Web site or from one of our partner sites," and information on how to request evidence of the consent, for example, "If you would like to learn more about how we received your e-mail address please contact us at info@yourdomain.com.
You have procedures in place that allow a recipient to easily revoke their consent, such as a link in the body of the e-mail, or instructions to reply with the word "Remove" in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;
You must post an abuse@rivenhost.com e-mail address on the first page of any Web site associated with the e-mail, 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;
You have the means to track anonymous complaints;
You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the "TO" line of the e-mail; and
You otherwise comply with the CAN SPAM Act and other applicable law.

These policies apply to messages sent using your Rivenhost service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your Rivenhost service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.

Rivenhost may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.

You must comply with the rules of any other network you access or participate in using your Rivenhost's services.

MATERIAL PROTECTED BY COPYRIGHT

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

You have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
You are otherwise permitted by established United States copyright law to copy the work in that manner.

Rivenhost will terminate the service of repeat copyright infringers.

If you believe your copyright is being infringed by a person using the Rivenhost network, please send your written notice of copyright infringement to:

RIVENHOST.COM
5714 FOLSOM BLVD
SUITE #197
SACRAMENTO, CA 95819

Your notice must include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Rivenhost to locate the material;
Information reasonably sufficient to permit Rivenhost to contact you, such as an address, telephone number, and, if available, an e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner's agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Inquiries regarding this policy should be directed to legal@rivenhost.com.

INTERNET ABUSE

You may not engage in illegal, abusive, or irresponsible behavior, including:

Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to Rivenhost and its customers) without express authorization of the owner of the system or network;
monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
Use of an Internet account or computer without the owner's authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
Any conduct that is likely to result in retaliation against the Rivenhost's network.
Use of Rivenhost's network in a way that unreasonably interferes with Rivenhost's other customers use of the network.

SECURITY

You must take reasonable and proactive security precautions on both your Rivenhost account and any computer you use to access your Rivenhost account. You are responsible for maintaining and updating any 3rd Party scripts installed on your Rivenhost account. You must protect the confidentiality of your password, and you should change your password periodically. You are also responsible for any actions and consequences caused by any authorized or unauthorized access to your Rivenhost account by 3rd parties due to a user preventable security breach.

OTHER

You must have valid and current information on file with your domain name registrar for any domain hosted on the Rivenhost network. You are also resonsible for updating your billing information and for assuring prompt payments.

DISCLAIMER

Rivenhost is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers' activities and disclaims any responsibility for any misuse of the Rivenhost network. Inquiries regarding this policy should be directed to legal@rivenhost.com.

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