Acceptable Use Policy

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.

Shared 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

Prohibited Uses:

A. Customer agrees to comply with all applicable local, state, national and international laws and regulations regarding use of all services delivered by WPhost. The following are prohibited uses of WPhost’s services:

  1. Transmission, distribution, uploading, posting or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, material kept in violation of state laws or industry regulations such as social security numbers or credit card numbers, and material that is obscene, defamatory, libelous, unlawful, harassing, abusive, threatening, harmful, vulgar, constitutes an illegal threat, violates export control laws, hate propaganda, fraudulent material or fraudulent activity, invasive of privacy or publicity rights, profane, indecent or otherwise objectionable material of any kind or nature. Customer may not transmit, distribute, or store material that contains a virus, “Trojan Horse,” adware or spyware, malware, corrupted data, or any software or information to promote or utilize software or any of WPhost services to deliver unsolicited e-mail. Customer further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable local, state, national or international law or regulation.
  2. The sending of any form of unsolicited bulk email (“spam”) through WPhost's servers is prohibited. Likewise, the sending of spam from another service provider advertising a website, email address or utilizing any resource hosted on WPhost's servers, is prohibited. WPhost accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this AUP or that of the other provider.
  3. Advertising, transmitting, or otherwise making available or using any software, program, product, or service that is designed to violate this AUP, which includes, but is not limited to, the facilitation of the means to send spam, initiation of pinging, flooding, mail-bombing, denial of service attacks.
  4. Forwarding Internet users to any website that, if such website were hosted by WPhost, would violate the provisions of this AUP.
  5. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., “cracking”).
  6. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
  7. Engaging in any activities that do or are designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other customer, regardless of the network.
  8. Using WPhost's services in a manner that interferes with the use or enjoyment of the services by other customers or authorized users. This shall include excessive use of services which impair the fair use of other WPhost customers.
  9. Using WPhost's services as online backup or storage, or mirroring mass downloads.
  10. Impersonating any person or entity, including, but not limited to, a WPhost employee, or falsely stating or otherwise misrepresenting Customer’s affiliation with a person or entity.
  11. Using WPhost's services to operate or enable any telecommunications service or in connection with any application that allows customer end users to place calls or to receive calls from any public switched telephone network.
  12. Using WPhost's services for the operation of nuclear facilities, air traffic control or life support systems, where the use or failure of the services could lead to death, personal injury or environmental damage.
  13. Processing or storing any customer data that is subject to the International Traffic in Arms Regulations maintained by the Department of State (as found in 22 CFR 120-130).

B. Customer acknowledges and agrees that WPhost does not intend use of WPhost's services to create obligations under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), and makes no representations that the services satisfy HIPAA requirements. If Customer is (or becomes) a Covered Entity or Business Associate, as those terms are defined in HIPAA, Customer will not use the services for any purpose or in any manner involving Protected Health Information, as that term is defined in HIPAA, unless Customer has received prior written consent to such use from WPhost.

C. Customer acknowledges and agrees that it is a violation of this AUP for its services to cause an interruption or degradation of, interference with, or disproportionate burden on the operations of WPhost's systems or the services of other customers, regardless of whether such interruption, degradation, interference or burden is the result of Customer’s actions or those of a third party over which the Customer has no control.

D. Customer is solely responsible for the content it uploads to its website in connection with the services provided by WPhost. WPhost does not review or screen the content in its Customer’s websites and does not assume any obligation to monitor such content. However, Customer agrees that WPhost may review all hosted websites or other content in responding to a third party complaint or for any other reason.

E. Customer may access and use WPhost's services for lawful purposes only. Customer is solely responsible for the knowledge and adherence to any and all laws, statutes, rules and regulations pertaining to use of the services offered by WPhost. Customer agrees that it will not (i) use the services to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local state, Federal or international law or regulation; (ii) upload or otherwise transmit any content that Customer does not have a right to transmit under any law or contractual or fiduciary duty; (iii) interfere or infringe with any trademark or proprietary rights of any other party; (iv) interfere with the ability of other users to access or use WPhost's services; (v) claim a relationship with or to speak for any individual, business, association, institution or other organization for which Customer is not authorized to claim such a relationship; (vi) interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service; or (vii) reproduce, duplicate, copy, use, distribute, sell, resell or otherwise exploit for any commercial purposes any portion of the services.

F. Customer represents and warrants that no federal, state or local authority prohibits or materially limits WPhost from transacting business with Customer or providing services to Customer or its agents, representatives, affiliates or related entities. If, at any time, a federal, state or local authority prohibits or materially limits the transaction of business or WPhost's provision of services to Customer or its agents, representatives, affiliates or related entities, such prohibition or restriction shall be a violation of this AUP and a material breach of the Hosting Services Agreement.

Violations:

If WPhost determines in its sole discretion that Customer’s conduct violates the terms of AUP, WPhost may suspend, restrict, terminate, delete content, or take any other appropriate action with regard to the services, without any obligation to refund fees paid. WPhost reserves the right to take such actions without notice to Customer. Customer understands that WPhost reserves the right to conclude that Customer’s conduct is in violation of the standards set forth in this AUP. Customer agrees that WPhost, in responding to a third party complaint, reserves the right in its sole discretion to suspend or terminate the services subject to this AUP without notice and with no obligation to refund fees paid. Customer also understands and agree that by providing Customer services, WPhost in no way endorses Customer’s website or deems the website content to be suitable under the terms of this AUP.

Customer agrees that WPhost shall under no circumstances be held liable on account of any action WPhost takes, in good faith, to restrict transmission of material that it or any user of the services considers to be fraudulent, obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.

 

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 31 August 2019.

Last Update: 31/08/2019 - 16:03pm