This Acceptable Use Policy applies to all users of our network, servers and systems and is supplementary to any additional service agreements.

Definitions

In this document, unless the context requires otherwise:

"us", "we" and "our" means Cheeky Monkey Hosting trading as "Cheeky Monkey Hosting" and "WPhost".

“users” and reference to “you” means users of our network, services and systems, including their affiliates or customers.

Web Hosting and Email Hosting Services

Users will be seen to be in violation of this Acceptable Use Policy when they (or their affiliates or customers) engage in any of the following prohibited activities;

1. Unacceptable Website Content

1.1 Users may not use Cheeky Monkey Hosting's network, servers or systems in order to transmit, distribute or store material, or in any other manner

  1. in violation of any applicable law,
  2. in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others, or
  3. that is obscene, threatening, abusive or hateful.

1.2 Pornography and sex-related merchandising and content are prohibited on all servers. This may include content with sexual inferences or links to adult content on other sites.

1.3 Any site which sells or promotes Bulk Email services is not permitted.

1.4 Other examples of unacceptable content or links are:

  • Pirated software
  • Hackers programs or archives
  • Warez Sites
  • Irc Bots

Media Files, e.g. mp3, mpeg, wav, ogg, quicktime. (Exemption: files for which you own the copyright, or have express permission of the copyright owner, or are in the public domain, or which have been obtained under a copyleft license such as Creative Commons or GFDL.

1.5  You must not use your web hosting disk space for electronic storage of archived materials or storage of any files not related to your website.

2. Server Abuse and other Harmful and Illegal Internet Activities

Any attempts to undermine or cause harm to a Cheeky Monkey Hosting server or any other server on the Internet is strictly prohibited. This includes but is not limited to, using our services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mailbombing, hacking or other unauthorised access and attempts to penetrate Cheeky Monkey Hosting's or other users’ security systems, or engaging in denial of service attacks. It is also not permitted for any user to engage in activities with the intention of disrupting or interfering with, or that results in the disruption of or interference with, the ability of others to effectively use our services.

3. CGI Scripts

You are free to use any CGI scripts provided with your account or to add any additional scripts you require. However, any CGI scripts deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice. For the purpose of this clause, "CGI script" includes any script which processes on the server regardless of scripting language. CGI script sharing with domains not hosted by Cheeky Monkey Hosting is not permitted.

4. Background Running Programs

Background daemons in general are prohibited.

5. Unsolicited Commercial Electronic Messages (Spam)

5.1 Cheeky Monkey Hosting's servers may not be the source, intermediary, or destination address involved in the transmission of spam (unsolicited commercial email), flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above.

5.2 We consider spam to be any unsolicited commercial message in the mediums of:

  • Newsgroups (including Usenet, Google Groups, Yahoo Groups)
  • Email
  • Instant Messaging (including but not limited to ICQ, MSN, AIM, Yahoo messenger, Skype, Jabber)
  • SMS and MMS Messaging (text and image-based mobile phone messaging)
  • Comment Spam (off-topic comments on blogs or web forums which link to a website)
  • Any similar communication technologies which may emerge.

5.3 If you are found to have spammed, then we may immediately, without warning, disable your service. We also reserve the right to refuse or terminate service to known spammers.

5.4 You are permitted to operate bulk mailing lists so long as they use an opt-in process with a clear audit trail and so long as un-subscription requests are honoured promptly.

5.5 The Department of Internal Affairs enforces the Unsolicited Electronic Messages Act 2007. Businesses and individuals are able to lay complaints about spam with the ‘Anti-Spam Compliance Unit’. The Department may investigate these complaints and take the appropriate action. Please see http://www.antispam.govt.nz/ for further details on laying a complaint.

6. Intellectual Property and Copyright Violation

6.1 You must not reproduce, distribute, copy, download, transmit or otherwise exploit any content which infringes any third party intellectual property rights or similar right unless you own or control the relevant rights or have obtained all the requisite licenses and approvals.

6.2 If a copyright owner believes that there has been a violation of his/her copyright on a website that is hosted by Cheeky Monkey Hosting, and the copyright owner wants Cheeky Monkey Hosting to remove the website or disable the material in question, Cheeky Monkey Hosting may remove the offending material if it is satisfied of the legitimacy of the request on receipt of a Notice of Infringement acceptable to us.

6.3 If Cheeky Monkey Hosting deletes or prevents access to a user’s material we know or have reason to believe infringes copyright, we will give notice to the user that the material has been removed or blocked.

7. Defamation

7.1 You must not publish words or images which in our opinion are defamatory or likely to be defamatory of any other person or business.

7.2 If a person wishes to make a complaint regarding defamatory content published on a website that is hosted by Cheeky Monkey Hosting, and the complainant wants Cheeky Monkey Hosting to remove the website or offending content, Cheeky Monkey Hosting may remove the offending material if it is satisfied of the legitimacy of the request.

7.3 If Cheeky Monkey Hosting deletes or prevents access to a user’s material we know or have reason to believe is defamatory, we will give notice to the user that the material has been removed or blocked.

Cheeky Monkey Hosting does not monitor its clients' websites or activities to determine whether they are in compliance with this policy. However, if Cheeky Monkey Hosting becomes aware of any violation of this policy it may take any action to stop or correct such violation, including but not limited to, shutting down a website, denying access to services, and removing material. In the event of a violation of this policy, no refund of service fees will be applicable and Cheeky Monkey Hosting will not be liable for any damages, costs, harm or loss suffered as a result of its actions in enforcing this policy.

Cheeky Monkey Hosting reserves the right in its sole and absolute discretion to determine what violates this Acceptable Use Policy.

Managed WordPress Hosting Services

This AUP amends the Agreement between Cheeky Monkey Hosting and Customer and describes certain restrictions related to your use of the Services. Any violation by you shall be deemed a breach of the Agreement.

Laws; Harmful Content. You may not use the Services to violate any governing law or regulation, including laws prohibiting: copyright, patent, trademark, trade secret, or other intellectual property infringement, misuse, or misappropriation; distribution of child pornography, child erotica, non-consensual sex acts (including in the support of or furtherance of sex trafficking), or bestiality; gambling; defamation, harassment, libel, or slander; fraud or false advertising; and hacking, phishing, social engineering, or any transmission of malicious code or unauthorized use of the computing resources of an end user. It is Cheeky Monkey Hosting’s policy to terminate the Services of customers who are repeat infringers of intellectual property rights. Further, you may not use the Services in connection with any content that we reasonably believe: promotes, incites, or threatens violence; is in support of or furtherance of sex trafficking; contains harassing content or hate speech; violates any person’s privacy; constitutes terrorism or trafficking in weapons or other illegal items; or is likely to result in retaliation against Cheeky Monkey Hosting’s system, network, or employees, including behavior that results in any denial of service attack. The Services may not be used in violation of export laws, controls, regulations, or sanction policies of the United States or your applicable jurisdiction. The Services may not be used by any individual or legal entity which is involved with or suspected of involvement in activities or causes relating to: illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles; in each case including any affiliation with others whatsoever who sponsor or support the above such activities or causes.

High-Risk Use. You may not use the Services in any circumstance or fashion where a failure of the Services could result in death or physical injury.

Spam. If you use the Services to transmit email, you must do so responsibly. Sending or promoting spam using the Services is prohibited and may result in immediate termination of your account. We consider spam to be the transmission of any email messages that are in violation of the most recent regulations issued by the Federal Trade Commission implementing the CAN-SPAM Act or, if you are sending emails to non-domestic end users, any foreign equivalent thereof. In addition, and at our discretion, we may place limits on the number of outbound messages you send if our review of your account indicates that you are jeopardizing our network stability. Without limiting any other rights we may have, the parties agree that should you breach this section by sending spam it would be difficult to determine actual damages. Accordingly, a $500 charge per violation will be assessed as a reasonable estimate of the damages. The parties further agree that such $500 would not act as a penalty.

Regulated and Sensitive Information. It is possible to run an ecommerce site on our platform, provided that you follow some best practices that prevent credit card information from being processed or stored on our platform. You are not permitted to use or cause the Services to store or process sensitive or otherwise regulated health or financial information, including Protected Health Information (as that term is defined under HIPAA), cardholder data protected under PCI DSS regulations (such as credit or debit card data), or other financial data (including any financial account details). You acknowledge and agree that we are not responsible for any liabilities arising from your violation of this restriction.

Overburdening Resources. You may not interfere with our business or our ability to provide services to other customers, nor take any action nor make any use of the Services that places excessive burdens on the network or systems used to provide such services. Specifically, you may not use or provide open proxies or Internet Relay Chat or use the Services for video streaming. If your use of the Services materially exceeds the use by similarly situated customers, we may offer to move you to a different plan or charge you for the additional use. If you refuse, we may place restrictions on your use of the Services. You may not perform any vulnerability or penetration testing of Cheeky Monkey Hosting's network or systems, including your own hosted environment, without our prior written approval.

Security Requirements. You must take reasonable security precautions in connection with your use of the Services. You are responsible for the actions and omissions of your Authorised Users and anyone to whom you provide access to the Services or the content you create using the Services.

 

Cheeky Monkey Hosting may vary this Acceptable Use Policy at any time by general notice on this website and changes will become effective upon publication.

This policy was last updated 12 May 2021.

Last Update: 12/05/2021 - 10:31am