Acceptable User Policy

Important Note: Safe and Sound Host, may revise this Acceptable Use Policy from time to time without notice by posting a new version of this document on the Safe and Sound Host Web site. Accordingly, users of the Safe and Sound Host services should consult this document regularly to ensure that their activities conform to the most recent version. In the event of a conflict between any service agreement or other terms and this policy, the terms of this policy will govern. Questions regarding this policy and complaints of violations of this policy by Safe and Sound Host customers can be directed to [email protected]

Introduction

Safe and Sound Host provides a variety of Internet services ("Safe and Sound Host Services"). For businesses and telecommuters, Safe and Sound Host Services provide a platform for internet connectivity solutions.
Use of the Safe and Sound Host Service is subject to the following rules and guidelines. Each customer of Safe and Sound Host is responsible for ensuring that the use of all Services provided to such customer complies with this Acceptable Use Policy (the "Policy"). ANY CUSTOMER WHO DOES NOT AGREE TO BE BOUND BY THESE TERMS SHOULD IMMEDIATELY STOP USE OF THE SERVICES AND NOTIFY SAFE AND SOUND HOST ACCOUNT MANAGEMENT SO THAT THE CUSTOMER'S SERVICE CAN BE CANCELLED.

Illegal Activity

Use of Safe and Sound Host Services for any activity that violates any local, state, federal or international law, order or regulation is a violation of this Policy:

  • Prohibited activities include, but are not limited to
  • Posting or disseminating material which is unlawful (such as child pornography or obscene material)
  • Disseminating material that violates the copyright or other intellectual property rights of others. You assume all risks regarding the determination of whether material is in the public domain
  • Pyramid or other illegal soliciting schemes
  • Any fraudulent activities, including impersonating any person or entity or forging anyone else's digital or manual signature

Security

You are responsible for any misuse of Safe and Sound Host Services that you have contracted for, even if the inappropriate activity was committed by an employee, customer, consultant, guest or other individuals who have access to your system. Therefore, you must take steps to ensure that others do not gain unauthorized access to Safe and Sound Host's Services. This includes any third party use of unsecured mail and news servers or any other unauthorized access that results in a violation of any portion of this Policy.
Safe and Sound Host Services may not be used to breach the security of another Internet user or to attempt to gain access to any other person's or business's computer, software or data, without the knowledge and consent of such person or business. The Services also may not be used in any attempt to circumvent the 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, such as password guessing programs, cracking tools, packet sniffers or network probing tools, are prohibited.
You may not disrupt Safe and Sound Host's Services. Safe and Sound Host's Services may also not be used to interfere with computer networking or telecommunications services to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to "crash" a host. The transmission or dissemination of any information or software which contains a virus or other harmful feature also is prohibited. You are solely responsible for the security of any device you choose to connect to Safe and Sound Host's Services, including any data stored on that device. Safe and Sound Host recommends that any files or services you do choose to make available for remote access be protected with a strong password or as otherwise appropriate.

Inappropriate Content

There may be content on the Internet or otherwise available through Safe and Sound Host Services which may be offensive to some individuals, or which may not be in compliance with all Ukrainian laws, regulations and other rules. For example, it is possible to obtain access to content which is pornographic or offensive, particularly for children. Neither Safe and Sound Host nor any of its distribution affiliates can assume any responsibility for the content contained on the Internet or otherwise available through Safe and Sound Host's Services. You must assume the risk of accessing content through our Service, and Safe and Sound Host shall not have any liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content. Content questions or complaints should be addressed to the content provider.
You are solely responsible for any information that you or anyone you allow to access or use the Services (including any of your customers) publishes on the web or other Internet services. You must ensure that the recipient of the content is appropriate. For example, you must take appropriate precautions to prevent minors from receiving inappropriate content. Safe and Sound Host reserves the right to refuse to post or to remove any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful.
Safe and Sound Host does not have any obligation to monitor transmissions made on Safe and Sound Host Services. However, Safe and Sound Host has the right to monitor such transmissions from time to time and to disclose the same in accordance with your service agreement.
By using Safe and Sound Host Services to reproduce, publish, display, transmit and distribute content, an Safe and Sound Host customer is warranting that the content complies with this Policy and authorizing Safe and Sound Host to reproduce, publish, display, transmit and distribute such content as necessary for Safe and Sound Host to deliver the content in a timely manner.

Electronic Mail

Safe and Sound Host Services may not be used to send unsolicited, bulk or commercial messages. This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures and political or religious messages. Such messages may only be sent to those who have explicitly requested them. Safe and Sound Host Services may not be used to send messages to any individual who has indicated that he/she does not wish to receive messages from you.
Safe and Sound Host Services may not be used to collect responses from unsolicited email sent from accounts on other Internet hosts or email services which violates this Policy or the acceptable use policy of any other Internet service provider. Moreover, unsolicited email may not direct the recipient to any web site or other resource which uses Safe and Sound Host Services. Forging, altering or removing electronic mail headers is prohibited.
You may not reference Safe and Sound Host, either directly or indirectly, or by listing an IP address that belongs to Safe and Sound Host in any unsolicited email even if that email is not sent through Safe and Sound Host Services.
"Mail bombing" is prohibited. That is, you may not send numerous copies of the same or substantially similar messages, nor may you send very large messages or files to a recipient with the intent to disrupt a server or account. The propagation of chain letters is similarly prohibited, whether or not the recipient wishes to receive such mailings.
Safe and Sound Host is not responsible for the forwarding of email sent to any customer's service which has been suspended or terminated. Such email will be returned to sender, ignored, deleted, or stored temporarily at Safe and Sound Host's sole discretion.
Any violation of this policy will result in immediate termination of your account and the forfeiture of any hosting fees already paid.

Internet Relay Chat

Safe and Sound Host Services may be used to participate in "chat" discussions. In all cases, Safe and Sound Host does not normally monitor the contents of the discussion and is not liable for the contents of any communications made via Internet chat.
Safe and Sound Host Services may not be used to perform chat "flooding." Flooding is defined as deliberately repeating actions in quick succession in order to fill the screens of other Internet users with text.
Any single computer or other device connected through Safe and Sound Host Services may not maintain more than 2 simultaneous chat connections. This includes the use of automated programs, such as "bots" or "clones". Automated programs may not be used when the user is not physically present at the device.
Safe and Sound Host Services may not be used to send messages which disrupt another Internet user's equipment, including software, hardware, and user display.
Safe and Sound Host Services may not be used to access any chat server in violation of the acceptable use policy of that server. Safe and Sound Host Services may not be used to manipulate any chat server in order to harass or disconnect other Internet users, or to gain privileges which have not been authorized.
A customer may not use Safe and Sound Host Services to connect to chat servers or channels from which they have been previously banned.
Safe and Sound Host Services may not be used to continue to send chat messages to an Internet user who has indicated their desire to not receive such messages.
Forging, altering, or obscuring your identity (other than using a nickname from which Safe and Sound Host could if necessary determine your real name) while participating in chat sessions is forbidden.

Bandwidth, Data Storage and Other Limitations

You must comply with the then current bandwidth, data storage and other limitations on Safe and Sound Host Services.
Users must ensure that their activity does not improperly restrict, inhibit, or degrade any other user's use of Safe and Sound Host Services, nor represent (in the sole judgment of Safe and Sound Host) an unusually large burden on the network itself. In addition, users must ensure that their activity does not improperly restrict, inhibit, disrupt, degrade or impede Safe and Sound Host's ability to deliver our Services and monitor our Services, backbone, network nodes, and/or other network services.

Violation of Acceptable Use Policy

Safe and Sound Host does not routinely monitor the activity of services used by customer for violation of this Policy. 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 Services. Although Safe and Sound Host has no obligation to monitor Services provided and/or the network, Safe and Sound Host reserves the right to monitor bandwidth, usage, and content from time to time to operate our Services; to identify violations of this Policy; and/or to protect the network and Safe and Sound Host customers.
Safe and Sound Host prefers to advise customers of inappropriate behavior and any necessary corrective action. However, if our Services are used in a way which Safe and Sound Host, in their sole discretion, believe violate this Policy, Safe and Sound Host may take any responsive actions they deem appropriate. Such actions include, but are not limited to, temporary or permanent removal of content, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of Services provided by Safe and Sound Host. Safe and Sound Host will not have any liability for any such responsive actions. The above described actions are not Safe and Sound Host's exclusive remedies and Safe and Sound Host may take any other legal or technical action it deems appropriate.
Safe and Sound Host reserves the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on Safe and Sound Host's servers and network. During an investigation, Safe and Sound Host may suspend the service or services of the customer involved and/or remove material which potentially violates this Policy. You hereby authorize Safe and Sound Host to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. Such cooperation may include Safe and Sound Host providing the name, IP address(es), or other identifying information about a customer. Upon termination of a customer's service, Safe and Sound Host is authorized to delete any files, programs, data and email messages associated with such account.
The failure of Safe and Sound Host to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that, if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. This Policy shall be exclusively governed by, and construed in accordance with, Ukrainian Law.

Terms of Service

By submitting the online order form, Customer hereby agrees to the following:

In consideration for hosting services to be delivered, Customer agrees to be bound to the following terms:

  • Customer agrees to pay for hosting services rendered in advance of each monthly service term.
  • Customer agrees to be bound by the service term selected on the online order form or previously negotiated custom plan.
  • Customer understands that all domain purchases are non-refundable.
  • Non-Payment of services shall result in a 10-day notice of disconnection. All payment failures must be cured within 10 days of notice. Customers failing to secure payment within 10 days of notice will incur service interruption.
  • Safe and Sound Host reserves the right to terminate service immediately to any subscriber it deems, in its sole discretion, violates any condition of service including this Terms of Service.

Prohibited Content

Customers shall not allow the posting, transmission, or storage of data and content on or through the services which, in Safe and Sound Host’s sole determination, constitutes a violation of any relevant law, regulation, ordinance, or court order. Customers shall be responsible for determining what laws or regulations are applicable to their use of the services. Prohibited content includes, without limitation, (a) content or code that facilitate any violation of, or describe ways to violate, this ToS or (b) "harvested" addresses or information, (c) "phishing" web sites, (d) "link farms", (e) pornographic web sites, (f) illegal “warez” web sites, or (g) "spamvertising" sites.

System and Network Security

Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. Safe and Sound Host investigates all incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected.
Examples of system or network security violations include, without limitation, the following:

  1. Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses, key loggers, and other executables intended to inflict harm).
  2. Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorized to access. For purposes of this section, "disruption" includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing and forged routing information.
  3. Executing any form of network activity that will intercept data not intended for the Customer's server.
  4. Circumventing user authentication or security of any host, network or account, including “cracking.”
  5. Interfering with or denying service to any user, host, or network other than the Customer's host (example: denial of service attack or distributed denial of service attack).
  6. Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including but not limited to the forging of packet headers (“spoofing”) or other identification information.
  7. Using any program script/command, or sending messages of any kind, designed to interfere with or to disable, a user's terminal session, via any means, locally or via the Internet.
  8. Running an openly accessible proxy of any kind.
  9. Failing to comply with the Safe and Sound Host's procedure relating to the activities of Customers on the Safe and Sound Host's premises. Violators of the policy are responsible, without limitations, for the cost of labor to correct all damage done to the operation of the network and business operations supported by the network. Such labor is categorized as emergency security breach recovery and is currently charged at $100.00 USD per hour required. Network interference by any Customers that may cause or is currently causing network interference with another Customer will be disconnected immediately. No service credits will be issued to Customers disconnected for network violations.

Email Policy

Mass Mailings. Safe and Sound Host has a zero stance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Safe and Sound Host whether or not the message actually originated from our network.
Mailing Lists: Safe and Sound Host's mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal by all end Customers with non-distribution in the future.
If your actions have caused Safe and Sound Host mail servers or Safe and Sound Host IP address ranges to be placed on blackhole lists and other mail filtering software systems used by companies on the internet, you will be assessed a $100 charge to your account and $25 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.
Violation of the above terms will result in one or all of the following:

  • A warning from via email or phone.
  • Removal of DNS for the advertised / originating site.
  • Immediate disconnection of service with no re-activation.
  • $100 fee assessed to your account for violation.

Copyright Infringement

Safe and Sound Host hosting accounts may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of Ukrainian law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Creating, utilizing, or distributing unauthorized copies of software are a violation of Ukrainian Copyright Law. If you copy, distribute or install the software in ways that the license does not allow, you are violating Ukrainian Copyright Law. Safe and Sound Host will cooperate with all law enforcement agencies in relation to alleged copyright infringement hosted on our servers. For more information on Ukrainian Copyright Law please read HERE.

Server Resources

Should your account utilize an excessive amount of server resources (including, but not limited to, CPU processing time, memory usage and network resources) for a sustained period of time, Safe and Sound Host reserves the right to request that you either upgrade your web hosting service package or reduce your account's use of resources to an acceptable level. Safe and Sound Host will be the sole arbiter of what is considered to be an excessive amount of server resources. Safe and Sound Host reserves the right to suspend or shut down any web hosting account deemed to adversely affect server performance or network integrity. In addition, Customers may not run network-accessible servers or other daemons from shared hosting accounts. Customer accounts and data on the shared hosting service should only be made accessible from the services provided by Safe and Sound Host.

Suspension and Cancellation

Safe and Sound Host reserves the right to suspend service to any Customer for violation of the Terms of Service. Safe and Sound Host will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. Safe and Sound Host reserves the right to terminate service without notice for continued and repeated violations of the ToS. Continued violations of the TOS resulting in cancellation of services will also result in a fee in the amount of $100 and contract acceleration for all amounts outstanding under the contract term.

Service Level Agreement

Safe and Sound Host endeavors to have network connectivity available for HTTP access by third parties 99% of each month ("Web Site Availability"). In the event that there is no Web Site Availability, Safe and Sound Host will credit the monthly service charge for the Service at the rate of 5% for every 30 minutes past 99% availability in a given month. Credits shall not be provided in the event that there is no Web Site Availability resulting from (i) scheduled maintenance, (ii) Customer behavior or the performance or failure of Customer applications, or (iii) circumstances beyond Safe and Sound Host's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation). Safe and Sound Host is not responsible for any additional loss and/or damage as a result of no Web Site Availability. While Safe and Sound Host attempts to keep regular backups of data stored on our systems, Safe and Sound Host does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, the client is responsible for making backups of data. Safe and Sound Host does not guarantee that its backup procedures will prevent the loss of, alteration of, or improper access to our clients' information.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Safe and Sound Host harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Safe and Sound Host, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Safe and Sound Host against Liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with Safe and Sound Host's service, any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party, copyright infringement, or any defective product which Customer sold on Safe and Sound Host's service.

Governing Law

This Agreement shall be governed by and construed in accordance with Ukrainian Law, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.