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Acceptable Use Policy

This Acceptable Use Policy governs the use of Yard Bird Host’s web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and Yard Bird Hosting regarding the interpretation of this AUP, Yard Bird Hosting’s interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this AUP, contact support@yardbirdhost.com.

Offensive Content
You may not publish or transmit via Yard Bird Host’s service any content that Yard Bird Host reasonably believes:
  • constitutes child pornography;
  • constitutes 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;
  • Fraudulent activity, phishing, pyramid schemes, chain letters, forgery, or impersonation
  • Scripts commonly used for abuse, attacks, or flooding
  • Any proxies which do not require authentication (including open mail proxies, unprotected anonymous web surfing proxies, etc...)
  • Virus/Virii, Spyware, Malware, or other infectious material
  • IRC and associated programs (including psybnc, "bots", etc...)
  • Terrorist propaganda, racist material, or bomb/weapon instructions 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 Yard Bird Hosting; or
  • is otherwise malicious, fraudulent, or may result in retaliation against Yard Bird Hosting by offended viewers.
Content “published or transmitted” via Yard Bird Hosting’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 Yard Bird Host.

Security
You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.

Bulk Commercial E-Mail
You must obtain Yard Bird Host’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 Yard Bird Host’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 recipients’ and Yard Bird Host’s requests to produce consent evidence within 24 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 support@yardbirdhost.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 24 hours, and you notify recipients that their revocation of their consent will be honored in 24 hours;
  • You must post an abuse@yardbirdhost.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 Yard Bird Host 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 Yard Bird Hosting service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.
Yard Bird Hosting 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. If your caught is reported or caught spamming you account will be immediately suspend and without refund.

Unsolicited E-Mail
You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it. You must comply with the rules of any other network you access or participate in using your Warthog Hosting’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.
Yard Bird Hosting will terminate the service of repeat copyright infringers.

Copyright Infringement Notice (Digital Millennium Copyright Act)
If you believe your copyright is being infringed by a person using the Warthog Hosting network, please send your written notice of copyright infringement to: Yard Bird Host PO Box 398  Parkton, MD 21120
**Insert Name and Address as registered with the U.S. copyright office**
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 Yard Bird Host to locate the material;
  • Information reasonably sufficient to permit Yard Bird Host 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.

Other
You must have valid and current information on file with your domain name registrar for any domain hosted on the Yard Bird Host network. If the information is incorrect your account will be suspended for 48 hours and then possibly terminated.

Disclaimer
Yard Bird Host 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 Yard Bird Host network.
Inquiries regarding this policy should be directed to Yard Bird Host.

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 Yard Bird Host 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 Yard Bird Host’s network.
  • Use of Yard Bird Host’s network in a way that unreasonably interferes with Yard Bird Host’s other customers use of the network

Newsgroup, Chat Forums, Other Networks
You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.

Banned Scripts
Use of any scripts that may interfere with the normal operation of our servers will result in suspension and repeat offenders will be terminated.

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