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MetroCast Acceptable Use Policy

 
1.0 Restricted Content - What is not allowed on our servers
  1.1 Expectations of client
    Client is expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. Client is expected to use his/her account for the purposes of maintaining a website only. Common sense is the best guide as to what is considered acceptable use. Simply put, we ask that you use your account for the purposes of hosting a non-adult oriented, legal website.
  1.2 Adult Content
    MetroCast forbids websites with adult graphic content (softcore and/or hardcore), including, but not limited to, banners advertising any adult website(s), child pornography, and distribution of adult website passwords. Client's whose accounts are found in violation of this policy may, at the discretion of MetroCast, have their account(s) terminated without notice and are subject to a maximum clean-up/disconnect fee.
  1.3 Illegal activities
    Client's whose website promotes activities that violate federal, state, local laws and/or violation of U.S. export restrictions are also not welcome at MetroCast This includes "warez" sites (freely distributing copyright programs), or sites promoting hacking and/or cracking programs. Client's whose accounts are found in violation of this policy may, at the discretion of MetroCast, have their account(s) terminated without notice and are subject to a maximum clean-up/disconnection fee. Additionally, Metahrabor may contact the Software Piracy Association ("SPA") and release any information in connection with any illegal activities relating to software piracy on the Client's account.
  1.4 File distribution; mirrors
    Sites whose primary purpose is for file distribution or mirroring of a site are strictly prohibited.
  1.5 IRC bots
    IRC Bots, or any other automaton programs written in C, Perl or IRC-script used specifically in conjunction with IRC are not allowed. These programs tie up system resources and are in no way related to maintaining a website. Clients are not allowed to have any programs, including but not limited to, Eggdrop, or any other IRC-related programs, within their account. Client agrees not to upload the tar file for any of these programs or to execute them within their account. The first violation of this policy will result in the IRC-related program to be removed from the Client's account and MetroCast will notify the Client immediately of the violation. The second violation of this policy may, at the discretion of MetroCast, result in the Client's account(s) being terminated without notice and a maximum clean-up/disconnect fee.
2.0 Email/Spam Policy
  2.1 Basic spam policy
    We have a ZERO tolerance spam policy. Don't do it. IF YOU ARE A CLIENT OF METROCASTWEBHOSTING.COM AND YOUR WEBSITE RESIDES ON OUR SERVER, YOU ARE STRICTLY FORBIDDEN TO SPAM, EVEN USING SOMEONE ELSE'S EMAIL SYSTEM. The reason for this is quite simple. If you spam and someone reports it, your domain name will get traced back to us, causing our servers to get on email "blacklists". If that happens, not only you, but many other customers of MetroCast.com will not be able to send emails to some people. If you plan to do any mass marketing via email, you are not welcome on our servers, period.
  2.2 Spam definition
    Spamming is the sending of unsolicited e-mail, regardless of size or volume, to persons the sender does not know or have prior consent to send the message to. Spamming also includes sending unsolicited advertisements to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user. A violation of this policy extends to clients who send unsolicited e-mail from a domain name not affiliated or hosted with MetroCast but the mail message makes mention of a website hosted with MetroCast.
  2.3 Using fake email addresses
    Using fictitious e-mail addresses @MetroCast.com or any domain name hosted with MetroCast is strictly forbidden.
  2.4 Mailing lists
    MetroCast allows clients to send mailings to subscribers of their own mailing list. Such mailings must have explicit instructions to the recipient on how to remove his/her name from the list, and all requests to do so must be honored immediately. Client agrees not to send mailings to lists provided by an outside agency or individual. Client further agrees not to provide mailing list services to others. Due to the nature of a shared-server environment, MetroCast requests that mailing lists be sent during non-peak hours, specifically between the hours of 1:00 am and 5:00 am, EST Time. MetroCast reserves the right to terminate a client's mailing program, whether provided by MetroCast or not, immediately and without notification to client if said list causes a problem with the e-mail services of other clients. MetroCast also reserves the right to forbid a client from utilizing any mail-sending program that jeopardizes the mail services of other clients.
  2.5 Spamware
    Providing spamware or spam related programs is strictly prohibited. Additionally, clients may not have e-mail lists available for download on the site.
  2.6 Gossamer links
    Due to the consumption of system resources and overloading of the e-mail server, MetroCast forbids the use of the Gossamer Links program by any client.
  2.7 Trolling
    Trolling, the posting of outrageous messages to generate numerous responses, is also not allowed. Mailbombing, the sending of multiple messages without significant new content to the same user and/or subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system is strictly forbidden. MetroCast reserves the right to determine what constitutes abuse of this policy. Clients whose accounts are found in violation of this policy may, at the discretion of MetroCast, have their account(s) terminated without notice and are subject to a maximum $500 clean-up/disconnection fee. Sites closed for violations of this policy will not be reinstated under any circumstance.
3.0 Copyright
  3.1 Copyright ownership
    It is the responsibility of the client to ensure that all information within their account is their own work. Unless you own the copyright, you may not have the information on your site.
  3.2 Shareware software
    Due to distribution rights of shareware programs, clients may not distribute shareware or freeware software programs unless the programs are their own work.
  3.3 Copyrighted materials
    Copyrighted materials include art, music and other works. MP3 is a popular file format for encoding music. While we do not ban MP3s, we do ask that any MP3s you have on your website are not in violation of any copyrights. Copyrighted music, in any format, cannot be placed within client's account.
  3.4 Indemnity
    Clients agree to indemnify MetroCast of any possible litigation involving trademark or copyrighted materials.
  3.5 Copyright notice modification
    Client agrees not to modify any copyright notices in features (Perl programs, etc.) provided by MetroCast Modification of scripts provided by MetroCast without written permission is strictly prohibited.
4.0 Excessive usage
  4.1 CGI scripts
    Client agrees to take all responsibility for all programs including CGI scripts executed under their account. Programs that consume an excessive amount of CPU run time or Random Access Memory (RAM) are not permitted. Client agrees and understands that such excessive use can have an adverse effect on the performance of the webserver. Client agrees to accept responsibility for programs executed under his/her account, regardless of who authored the program. The use of cgi or html chat scripts or pages is strictly prohibited. MetroCast reserves the right to suspend accounts without notice to clients who violate these terms. MetroCast has sole discretion over what constitutes excessive usage.
  4.2 Provided scripts
    Scripts provided by MetroCast as an installable feature are not exempt from this policy. While every efforts is made on MetroCast' end to ensure the program it provides are efficient, problems with excessive usage on particular programs may occur.
5.0 Revisions
    MetroCast may at any time, revise the Acceptable Uses Policy with advanced notice given to clients. Renewal of a virtual server with MetroCast constitutes acceptance to all modifications to the Acceptable Uses Policy and to the Contract for Virtual Server. The Acceptable Uses Policy is only a portion of our service agreement.