AUP (Acceptable Use Policy)

Please review our AUP (Acceptable Use Policy), and TOS (Terms of Service):

If you would like to have our AUP e-mailed to you in plain text, send an e-mail to: aup@joeystarr.net

The Joey Starr Company’s Web Hosting Acceptable Use Policy (AUP)

The Joey Starr Company Hosting's Acceptable Use Policy (AUP) is provided to give our customers and users a clear understanding of what The Joey Starr Company’s Web Hosting expects of them while using the service. All users of The Joey Starr Company’s Web Hosting's internet services, both those who access our Services but do not have accounts, as well as those who pay a fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).

Use of The Joey Starr Company’s Hosting Service constitutes acceptance and agreement to The Joey Starr Company’s Web Hosting's AUP as well as The Joey Starr Company’s Web Hosting's TOS (Terms of Service).

The Joey Starr Company’s Web Hosting supports the uncensored flow of information and ideas over the Internet and does not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary web sites. However, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. The Joey Starr Company’s Web Hosting may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the immediate suspension or termination of your The Joey Starr Company’s Hosting account.

This document is intended to provide a basic understanding of The Joey Starr Company’s Web Hosting's Acceptable Use Policy. Listed below are guidelines for the establishment and enforcement of The Joey Starr Company’s Web Hosting's AUP. It is our policy to:

* Ensure reliable service to our customers
* Ensure security and privacy of our systems and network, as well as the networks and systems of others
* Comply with existing laws
* Maintain our reputation as a responsible service provider
* Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
* Preserve the value of Internet resources as a conduit for free expression and exchange of information
* Preserve the privacy and security of individual users

The Joey Starr Company’s Web Hosting intends to provide its customers access to everything the Internet has to offer. While The Joey Starr Company’s Web Hosting is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both The Joey Starr Company’s Web Hosting and the Internet and cannot be permitted under the guise of free speech. The resources of The Joey Starr Company’s Web Hosting and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

In summary, The Joey Starr Company’s Web Hosting does not allow:

1) Sites that are in the business of distributing large amounts of data for download. Examples are as follows: warez, spamware, shareware, freeware, repositories of stock photography, large amounts of music and video files, etc. Our servers are NOT to be used for the mass distribution of software.

2) Sites involved with unsolicited mailings of any kind (a.k.a. spam). This refers to hosting accounts that are used to send spam, and/or accounts that support sites advertised via unsolicited email from other servers, a.k.a. "spamvertised sites".

3) Sites and The Joey Starr Company hosted domains that are connected in any way with mass advertisement distribution sent via email. Note: The purchase of so called "Safe-Lists", "Opt-in", "Double Opt-in", etc. fall within this category. (Unless the email address holders opt in at YOUR site for information about the specific products or services promoted there, then use of such addresses constitutes UCE or spam.)

4) The Joey Starr Company account owners, their web pages or outside organizations that endeavor to resell or give away any of The Joey Starr Company services or resources.

5) Hosting accounts that are used for data storage, e.g. for remote backup of PCs or office systems.

6) Sites with installed software that take up an extreme amount of server resources.

7) Sites featuring explicit sexual content, hate-expousing material or sites that contain illegal content of any kind (e.g. flagrant copyright violations, warez or cracked software, hacker tools or instructions for system break-ins, etc.), OR sites that advertise with banners, links, sound files, etc. any of the foregoing. You may not use your hosting account or virtual site to publish material which The Joey Starr Company Hosting determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

Our intent is to preserve services for sites that have a wide, general audience, and to keep our servers up and running smoothly far into the foreseeable future. In short, we refuse to have our servers monopolized by ANY special interest group.

We realize there are some gray areas in the items mentioned. If you are unsure about whether the content of your The Joey Starr Company hosted web site will be in violation of our AUP, it is best to ask us before signing up.

At all times, what constitutes a violation of our AUP is strictly up to the discretion of the fair and open-minded people of The Joey Starr Company management.

Non-liability:

Your application and acceptance of the services of The Joey Starr Company’s Web Hosting constitutes an agreement that you will hold harmless The Joey Starr Company’s Web Hosting in every case for any damages caused by, but not exclusive of, web service outages (for any length of time), email service outages (for any length of time), and/or loss of data.

The Joey Starr Company management goes to extraordinary efforts to keep our server uptime among the very best in the industry, however, hosting and email services are based upon extremely complex file sharing systems and will always remain fallible no matter what precautions are taken. Furthermore, service interruptions can be caused by telcom-owned router outages, etc. which are between the client computer system and The Joey Starr Company servers over which The Joey Starr Company technical administration has absolutely no control.

Full, server-wide backups are made of all customer account and other critical data at least twice per week (3x per week is the standard). Every effort to validate the integrity of such backups is made, but again, such systems will always remain fallible no matter what precautions are taken.

The Joey Starr Company’s customer is well-advised to regard their server data as they would data residing on their own local computer systems, and perform regular backups of their web data. Backing up your data is the very best advice anyone can receive for ANY work involving critical computer data no matter where it resides. Easy methods are available for conducting such backups on an individual account-wide basis from the individual account The Joey Starr Company’s control panel. It is our recommendation that this system be utilized on a regular basis. If The Joey Starr Company customer maintains MySQL databases, they are advised to regularly do a data "dump" (archive), of all their databases on a regular basis. This can be achieved via use of the MySQL administration software which is provided for every The Joey Starr Company MySQL database user.

Violations:

If a The Joey Starr Company Hosting account is determined to be in violation of the Acceptable Use Policy or our TOS, we reserve the right to terminate service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at admin@joeystarr.net.

The following constitute violations of this AUP:

1. Illegal use: The Joey Starr Company’s Web Hosting's services may not be used for illegal purposes, or in support of illegal activities. The Joey Starr Company’s Web Hosting reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

2. Harm to minors: Use of The Joey Starr Company Hosting service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.

3. Threats: Use of The Joey Starr Company’s Web Hosting service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

4. Harassment: Use of The Joey Starr Company’s Web Hosting service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

5. Fraudulent Activity: Use of The Joey Starr Company Hosting service to make fraudulent offers to sell or buy products, items or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."

6. Forgery or Impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

7. Mass commercial e-mail distribution (via any The Joey Starr Company hosted account) and/or unsolicited bulk e-mail (SPAM): Use of The Joey Starr Company’s Web Hosting service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. The selling of any so-called opt-in lists or other email lists intended for mass email distribution is expressly prohibited. The selling of mass email software, a.k.a. spamware, sometimes described as stealth spamware, or software designed to "rake" addresses from web sites and search engines, or bulk email software of any kind that was designed for unsolicited commercial email (a.k.a. spam), or bulk email software that is commonly used by unsolicited email marketers (a.k.a. spammers), all are expressly prohibited. In addition, it is expressly prohibited to involve any The Joey Starr Company hosted web site in any unsolicited email campaign whether or not such a campaign used a The Joey Starr Company mail server in the transmission of the unsolicited email in question, a.k.a. "spamvertised web sites". Violations of this type will result in the immediate termination of the offending The Joey Starr Company’s Web Hosting account.

8. E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending The Joey Starr Company’s Web Hosting account.

9. E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through The Joey Starr Company’s Web Hosting service is in violation of this AUP.

10. Usenet SPAMing: The Joey Starr Company’s Web Hosting has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

11. Unauthorized access: Use of The Joey Starr Company’s Web Hosting service to access, or to attempt to access the accounts of others, or to penetrate or attempt to penetrate security measures of The Joey Starr Company’s Web Hosting or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending The Joey Starr Company’s Web Hosting account is subject to immediate termination.

12. Copyright or trademark infringement: Use of The Joey Starr Company’s Web Hosting service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

13. Collection of personal data: Use of The Joey Starr Company’s Web Hosting service to collect, or attempt to collect, personal information about third parties without their knowledge or consent is prohibited.

14. Network disruptions and unfriendly activity: Use of The Joey Starr Company’s Web Hosting service for any activity which affects the ability of other people or systems to use The Joey Starr Company’s Web Hosting services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. The Joey Starr Company’s Web Hosting will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

15. Fraud: Making a misrepresentation or misleading statement, writing or activity with the intent that the person receiving it will act upon it.

16. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

17. Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

18. Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection (e.g. pinging, installing/running daemon processes, etc.) within a The Joey Starr Company hosted account, or connected to any The Joey Starr Company’s Web Hosting services could result in suspension of service.

19. Third Party Accountability: The Joey Starr Company Hosting subscribers will be held responsible and accountable for any activity by third parties using their account that violates guidelines created within the Acceptable Use Policy.

20. Temporary Address: All members are given a temporary web address to view their web site. This address is to be used for testing purposes only for the brief period before your domain name points to The Joey Starr Company server

Security:

You, as account owner, are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

1) Your password provides access to your account. It is your responsibility to keep your password secure.

2) Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.

3) Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.

4) You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

5) You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

6) You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.

7) Special note for users with shell access (via SSH):

Telnet/SSH access is as secure as any web server can possibly be. Still for the dedicated hacker this provides one-step-into any web host server, therefore it is on a basis of trust that we provide this type of access for our customers.

Please be advised of the following rules, which if violated can be cause for instant termination of your account. Our servers are constantly monitored day and night for intrusions of any and every kind. Upon violation, we instantly know "when", "where" and "who".

-- Do not alter or delete any files in your "logs" or "stats" directories.

-- No snooping (via cd, ls, more, view, pico, vi, etc.) outside of your own account. (Yes, in this case curiosity WILL kill the cat.) All sensitive directories on The Joey Starr Company’s server are snoop-proof. However if ever there is a need on our part to look for the cause of any server problems, those who have attempted to roam the server in this manner will be put under investigation and such accounts may be at least temporarily suspended.

-- Do not install RedHat RPMs, Perl-based telnet enablers, any routines that enable demons (scripts that run continuously), or any other software which could negatively impact the server and other accounts on that server. (If you're not sure, please ask us first!)

-- Attempts store files outside of the boundaries of your individual The Joey Starr Company account, or attempts to copy or alter any root level files or attempts to install root level software (as RPMs will do), will be viewed as a hack attempt and will incur instant account termination. Such incidents may also be viewed as a server break-in and prosecuted accordingly.

8) Users who violate systems or network security may incur criminal or civil liability. The Joey Starr Company Hosting will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Network Performance:

The Joey Starr Company’s Web Hosting accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of The Joey Starr Company Hosting systems or networks. The Joey Starr Company Hosting reserves the right to terminate or limit such activities. In this regard the following software/scripting and program types are disallowed:

1) Free For All (FFA) link pages.

2) Free For All classified ad pages.

3) IRC programs or using your account for any IRC/BBN purposes. This includes any kind of locally installed chat software. However, you can establish a chat site at The Joey Starr Company by establishing your chat page at any number of free chat servers which you can find here - http://www.freecenter.com/chat.html. You can link to your chat page from your The Joey Starr Company web site. (Extended Feature accounts are included with free chat software, enabled upon request.)

4) Webcams.

5) Third-party installed versions of FormMail.pl, FormMail.cgi, BNBMail, MailForm, MAIL.CGI, and similar software. (FormMail is available, globally, for all accounts on our network.)

6) The following script installations are NOT ALLOWED due to the extreme amount of server resources they require, and/or security flaws which could compromise your account and The Joey Starr Company server on which your account resides:

* phpBB (pre 2.0.14 versions)
* phpNUKE (only allowed via the direct control panel install on the ULTRA account type)
* NoMoDomo
* shoutbox
* IkonBoard
* YABB
* XCART
* Eggdrop
* UBB (a.k.a. Ultimate Bulletin Board)
* YAPP
* nph-proxy.cgi, nph-proxy.cgi, and/or other similar proxy scripts

7) The following versions of the above and other script installations has been APPROVED for use at The Joey Starr Company (newest versions only):

* phpBB 2.0.14 or newer
* postNUKE (ULTRA account, control panel or Fantastico installation only)
* phpNUKE (ULTRA account, control panel or Fantastico installation only)
* YABB-SE
* vBulletin
* Ikonboard 3.1 or newer
* WebBBS
* MovableType is approved for version 2.2 or newer.

We ask our hosted customers to take a common sense approach when it comes to installation of 3rd party packages, and to keep good pace with security patches and updates as they are released by the script package publishers. If you are wondering about the security and stability of any particular package that may be under consideration for your The Joey Starr Company hosted site, please send email to admin@joeytstarr.net. We will be happy to do any necessary pre-installation research for you.

Please note - The Joey Starr Company’s Web Hosting Inc. reserves the right to place caps or limiters on a resource or upon any given group of resources at any time, and/or to remove customer installed scripts. The Joey Starr Company’s management may take such action in order to prevent detrimental impact and/or security breaches that may effect other accounts sharing the same server.

Reporting Violations of The Joey Starr Company’s Hosting AUP:

The Joey Starr Company requests that anyone who believes that there is a violation of this AUP direct the information to admin@joeystarr.net

If available, please provide the following information:

The web domain address used to commit the alleged violation.
The date and time of the alleged violation, including the time zone or offset from GMT.
Evidence of the alleged violation. E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information.

Possible Actions Taken in Response to Violations:

The Joey Starr Company Hosting may take any one or more of the following actions in response to complaints:

* Issue written or verbal warnings
* Suspend the Member's forum and/or newsgroup posting privileges
* Suspend the Member's account
* Terminate the Member's account
* Bill the Member for administrative costs and/or reactivation charges
* Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations

Revisions To This AUP

The Joey Starr Company reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).

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