Terms of Service
Privacy Statement
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ACCEPTABLE USE POLICY (AUP)
Epsilon9 Hosting's Acceptable Use Policy ("AUP") is provided to give our clients and users a clear understanding of what to expect of Epsilon9 Hosting and what Epsilon9 Hosting expects of them while using our systems and services. All users of Epsilon9 Hosting's: who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).
NOTE: Use of Epsilon9 Hosting service constitutes acceptance and agreement to Epsilon9 Hosting's AUP as well as Epsilon9 Hosting's TOS (Terms of Service)
We support the uncensored flow of information and ideas over the Internet and do 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, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Epsilon9 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 suspension or immediate termination without prior notice of either your Epsilon9 Hosting account. In the event of a service termination due to a violation no refund will be due and damages may be assessed.
Epsilon9 Hosting's Acceptable Use Policy was established with the following principals mind:
- Ensure reliable service to our clients
- 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 enjoyment , 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
Epsilon9 Hosting intends to provide its clients access to everything the Internet has to offer. While the Epsilon9 Hosting is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the Epsilon9 Hosting and the Internet and cannot be permitted under the guise of free speech. The resources of Epsilon9 Hosting and the Internet are limited, abuse of these resources by one user can have 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.
You may not use your shared hosting, dedicated rack or virtual site to publish material, which Epsilon9 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.
If an Epsilon9 Hosting account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise clients 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
VIOLATIONS OF Epsilon9 Hosting ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
- Illegal use: Epsilon9 Hosting's services may not be used for illegal purposes, or in support of illegal activities. Epsilon9 Hosting reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
- Harm to minors: Use of the Epsilon9 Hosting service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
- Threats: Use of the Epsilon9 Hosting service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
- Harassment: Use of the Epsilon9 Hosting service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
- Fraudulent activity: Use of Epsilon9 Hosting service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "phishing", "pyramid schemes," "ponzi schemes," and "chain letters."
- 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.
- Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM): Use of Epsilon9 Hosting services and/or facilities to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending account.
Anyone hosting websites or services that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account resources immediately removed from our network. Account resources will not be made available until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the account resources to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the account resources from our network without notice to the client. Any account resources guilty of a second violation WILL be immediately and permanently removed from our network without notice.
- 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 Epsilon9 Hosting account.
- E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Epsilon9 Hosting service is in violation of this AUP.
- Interactive Chat: Interactive Web applications, of the specific type commonly known as "chat", are not allowed on Epsilon9 Hosting's shared hosting servers.
Dedicated server customers may use a "chat" system, but we recommend against it. "Chat" should only be accomplished through systems specifically designed for it. Epsilon9 Hosting does not support any systems of that nature.
For the purposes of this policy, a "chat" system is defined as a Web site or portion thereof that encourages visitors to post messages that are immediately viewable by other users, in order to engage in "real-time" conversation with other visitors at the same site.
- Usenet SPAMing: Epsilon9 Hosting takes a strong stand on the use of our 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.
- Unauthorized access: Use of the Epsilon9 Hosting service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Epsilon9 Hosting's 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 Epsilon9 Hosting account is subject to immediate termination.
- Copyright or trademark infringement: Use of the Epsilon9 Hosting service to transmit any material (by e-mail, uploading, posting, hot linking, directly linking 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.
- Collection of personal data: Use of the Epsilon9 Hosting service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
- Network disruptions and unfriendly activity: Use of the Epsilon9 Hosting service for any activity which affects the ability of other people or systems to use Epsilon9 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. Epsilon9 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.
- Net Send Spam: The use of the net send utility to send unsolicited bulk communication is prohibited. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service.
- Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
- 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.
- 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.
- Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Epsilon9 Hosting services could result in suspension service.
- Third Party Accountability: Epsilon9 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.
- Violation Of Epsilon9 Hosting Virtual Accounts: It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
- IRC networks: It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the irc server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation will result in immediate account termination.
- SECURITY:
You 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, server or accounts resources.
- Your password provides access to your account. It is your responsibility to keep your password secure.
- 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.
- Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
- You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
- 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.
- 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.
- Users who violate systems or network security may incur criminal or civil liability. Epsilon9 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
Epsilon9 Hosting accounts operate on shared resources. Excessive use or abuse of these shared network resources by one client may have a negative impact on all other clients. 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 clients or the performances of Epsilon9 Hosting systems or networks. Epsilon9 Hosting reserves the right to terminate or limit such activities.
- REPORTING VIOLATIONS OF Epsilon9 Hosting's AUP
Epsilon9 Hosting requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at
If available, please provide the following information:
- The IP address used to commit the alleged violation
- The date and time of the alleged violation, including the time zone or offset from GMT
- Any available 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. Epsilon9 Hosting may take any one or more of the following actions in response to complaints:
- Issue written or verbal warnings
- Suspend the Member's 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 ACCEPTABLE USE POLICY
Epsilon9 Hosting 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).
Abuse and Spam:
Misuse of Account Features:
You may not offer or operate any service which enables or assists anonymous or abusive behavior by third parties.
Operating any service which affects the stability or reliability of any Epsilon9 Hosting server or network component, impacts other users or the company negatively, or degrades quality of service is forbidden.
Shared hosting clients may not make any service which makes use of an account feature available to third parties for any use other than normal access to that account's Web site.
This includes but is not limited to third party access to CGI services, database hosting, counters, banner exchanges, autoresponders, mailboxes, mail forwarding, mail filtering, and content publishing systems. All account features are to be used solely in order to develop and implement the Web site(s) associated with that account. Resellers may make reasonable use of account features shared between multiple accounts they are being billed for.
CGI Resource Usage:
CGI scripts and programs running on shared hosting servers are subject to resource limitations as set forth bellow. These limits may be enforced automatically by the system.
- Size of Core Files - 0 MB
- CPU Time Used - 30 seconds
- Memory Size - 16 MB
- Number of Open Files - 32
- Number of Simultaneous Processes - 8
Details of what these limits mean are available on the man page for setrlimit - use "man setrlimit" to read more.
CGI scripts are to be run only by users with the appropriate account types - Copper or higher for use of the System CGI, and Silver or higher account levels for custom CGI scripting. No user may run CGI scripts for the benefit of external sites or services.
These limits are subject to change and variation as necessary, at the sole discretion of Epsilon9 Hosting.
Database Resource Usage:
Database access is provided at no additional cost to owners of the following account types: Copper, Silver, Gold and Platinum accounts. Dedicated servers have their own database service running on their server. Use of our MySQL service on shared hosting servers is subject to the conditions and restrictions shown below:
- No shared hosting databases may be used as a "hit counter," or for logging of information that is already available in the raw web logs (including but not limited to browser and page referrer information).
- Databases are limited to 15 concurrent connections on shared hosting servers.
- Each shared hosting account is limited to 1500 queries per hour, of which at most 750 can add, change or remove data from the database.
- Disk space used by each individual database on shared hosting servers will apply to the total amount available on your account. Epsilon9 Hosting reserves the right to apply disk usage charges in excess of your accounts storage quota.
- Databases on shared hosting servers may only be used in conjunction with Epsilon9 Hosting hosted accounts. Access to databases from outside our local network is provided strictly for site and database development.
- On shared hosting databases should not be used to store binary data when possible. These files should be stored within the user account and referred to in the database by a "pointer," if needed.
Epsilon9 Hosting reserves the right to require changes to database designs or usage methods in any case where such designs or methods are found to have an adverse impact on a database server and/or other databases on that server. Epsilon9 Hosting reserves the right to disable any database determined to be unacceptably harming performance of a database server. For projects too database-intensive for the shared database servers, dedicated servers are available.
Server Side Processes:
The installation or operation of any stand-alone, unattended server-side processes or daemons on Epsilon9 Hosting shared hosting servers, with the exception of cron jobs, is forbidden, except by special arrangement. This specifically includes IRC bots or clients as well as any network redirector programs. Use of such a process to accept network connections, for any purpose whatsoever, is expressly forbidden. Violation of this policy may result in immediate account termination without warning. Cron jobs are subject to their own restrictions.
Cron Usage:
The use of "cron jobs," which are processes that are run automatically at certain times, in accordance with a "crontab" file or via your control panel are allowed on Epsilon9 Hosting shared hosting servers but are subject to the following conditions and restrictions:
- The account type must be Silver or higher.
- The job must not execute more often than once every hour.
- The job must generate no greater impact than a CGI script. See the policy on CGI resource usage.
- The job must be "niced". For details, read about the nice command with "man nice". The nice value must be 10 or greater.
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