BAYANHOSTING CORPORATION
("BAYANHOSTING.COM")

Acceptable Use Policy
(“AUP”)



This AUP governs the use of BAYANHOSTING.COM'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 BAYANHOSTING.COM regarding the interpretation of this AUP, BAYANHOSTING.COM's interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this AUP, contact This email address is being protected from spambots. You need JavaScript enabled to view it. .

 

Table of Contents


Reseller Accounts
Offensive Content
Security
Bulk Commercial E-Mail
Unsolicited E-Mail
Internet Abuse
Server Abuse
Bandwidth and Disk Usage
Material Protected by Copyright
Copyright Infringement Notice
CGI Scripts
Chat Rooms
Background Running Processes
IRC
Other
Disclaimer

 

Reseller Accounts

BAYANHOSTING.COM is not responsible for providing direct support to our reseller's customers. It is the reseller's sole responsibility. For support issues beyond the scope of the reseller's account privileges please submit a trouble ticket to our support center. The reseller and any of his customers with accounts hosted under your reseller account must abide by this AUP.

Bayanhosting.com - Acceptable Use Policy

 

Offensive Content

You may not publish or transmit via BAYANHOSTING.COM's service any content that BAYANHOSTING.COM 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, interferes with an investigation by law enforcement, or interferes with matters under litigation;
  • improperly exposes trade secrets or other confidential or proprietary information of another person;
  • 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 BAYANHOSTING.COM; or
  • is otherwise malicious, fraudulent, or may result in retaliation against BAYANHOSTING.COM by offended viewers.

Content “published or transmitted” via BAYANHOSTING.COM'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 BAYANHOSTING.COM.

Bayanhosting.com - Acceptable Use Policy

 

Security

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

Bayanhosting.com - Acceptable Use Policy

 

Bulk Commercial E-Mail

You must obtain BAYANHOSTING.COM'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 BAYANHOSTING.COM'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 recipient's and BAYANHOSTING.COM's requests to produce consent evidence within 72 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 abuse@** yourdomain.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 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;
  • You must post an abuse@** yourdoman.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 BAYANHOSTING.COM 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 BAYANHOSTING.COM service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.

BAYANHOSTING.COM 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.

Bayanhosting.com - Acceptable Use Policy

 

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 BAYANHOSTING.COM's services.

Bayanhosting.com - Acceptable Use Policy

 

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 BAYANHOSTING.COM 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;
  • Any conduct that is likely to result in retaliation against the BAYANHOSTING.COM's network; or
  • Use of BAYANHOSTING.COM's network in a way that unreasonably interferes with BAYANHOSTING.COM's other customers use of the network
Bayanhosting.com - Acceptable Use Policy

 

Server Abuse

Any hosting accounts using an unacceptable amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required) or reduce the resources used to an acceptable level. BAYANHOSTING.COM will be the sole arbiter of what is considered to be an unacceptable server usage level.

Any Shared or Reseller Hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

Bayanhosting.com - Acceptable Use Policy

 

Bandwidth and Disk Usage

BAYANHOSTING.COM provides Users with bandwidth, disk space and other resources, such as e-mail and/or file-transfer-protocol ("FTP") accounts, the amount of which is defined in BAYANHOSTING.COM's web pages describing the package of Services purchased at the time of purchase. In some cases, BAYANHOSTING.COM may not establish a specific amount of bandwidth, disk space and other resources, and refer to that as "Unlimited". In all cases, the Services are intended for normal personal or small business use only, and any activity that results in excessive usage that is inconsistent with normal personal or small business usage patterns is strictly prohibited. BAYANHOSTING.COM reserves the right to suspend, discontinue or delete the accounts of Users whose use of disk space, bandwidth or other resources results in or presents the risk of degradation of service to other customers, regardless of the amount of disk space, bandwidth or other resources included in the User's plan. User agrees that such usage shall not exceed the amounts set by BAYANHOSTING.COM for the Services purchased (the "Agreed Usage") and is additionally subject to normal usage guidelines established by BAYANHOSTING.COM as in effect from time to time. These allotments are optimized and dedicated towards serving the Content and User's active electronic mail services related solely to User's web hosting account(s) with BAYANHOSTING.COM.

Hosting space is intended for normal personal or small business use only, and is limited to Web files, active e-mail and content of the hosted Web sites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, electronic mail or FTP hosts. You are responsible for removing any files, e-mails or other data which do not meet these requirements, and for adhering to any usage requirements or limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials (including without limitation files and e-mails), and/or in discontinuation of your services or account, which actions we may take in our sole discretion.

BAYANHOSTING.COM will monitor User's use of bandwidth, disk usage and other resources. BAYANHOSTING.COM, in its sole discretion, shall have the right to take any corrective action if User's utilization of bandwidth, disk usage or other resources exceeds the Agreed Usage, normal personal or small business usage, or is used for other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of User's Web site, User Content, User's electronic mail and e-mail services and/or other materials and services or termination the User's account and of this Agreement, which actions may be taken in BAYANHOSTING.COM's sole and absolute discretion.

If BAYANHOSTING.COM takes any such corrective action under this section, User shall not be entitled to a refund or credit of any fees paid prior to such action. User will comply with all applicable laws, rules and regulations regarding User's Web site, User Content and/or User's electronic mail services, including use of bandwidth, disk usage and other resources and will use such services and resources only for lawful purposes. User may not utilize: the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization; the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party; the Services to traffic in illegal drugs, gambling, obscene materials or any other products or services that are prohibited under applicable law; the Services to export encryption software to points outside the United States (or, if User is outside the United States, to points outside the User's national jurisdiction) in violation of applicable export control laws; the Services to forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message. If BAYANHOSTING.COM learns or discovers that User is violating any law related to User's Web site, User Content and/or User's electronic mail services, use of bandwidth, disk usage or other resources or Agreed Usage, BAYANHOSTING.COM may be obligated to or may in its discretion inform the necessary law enforcement and/or any related agency(ies) of such conduct and may provide such agency(ies) with information related to User, User's Web site, User Content and/or User's electronic mail.

User is responsible for complying with any usage requirements or limits for bandwidth, disk space or other resources, and monitoring such usage to ensure the Web site does not violate such requirements or exceed any such limits allocated for the account(s) and otherwise complies with this Agreement. BAYANHOSTING.COM will use commercially reasonable efforts to e-mail Users who are at or near their utilization limits, but BAYANHOSTING.COM does not take responsibility if e-mail notification(s) is not received by the User. BAYANHOSTING.COM reserves the right to discontinue service through the beginning of the next month for your account in the event that it exceeds the any such allotment.

Bayanhosting.com - Acceptable Use Policy

 

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.

BAYANHOSTING.COM will terminate the service of repeat copyright infringers.

Bayanhosting.com - Acceptable Use Policy

 

Copyright Infringement Notice (Digital Millennium Copyright Act)

If you believe your copyright is being infringed by a person using the BAYANHOSTING.COM network, please send your written notice of copyright infringement to:

Bayanhosting Corporation
Unit 3F, Double E Brothers Bldg.
Aguirre Ave. cor. P. Banzon St.
Bf Phase I, Paranaque City
Philippines 1720

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 BAYANHOSTING.COM to locate the material;
  • Information reasonably sufficient to permit BAYANHOSTING.COM 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.
Bayanhosting.com - Acceptable Use Policy

 

CGI Scripts

Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. BAYANHOSTING.COM does not permit CGI script sharing with domains not hosted on our servers or any scripts that may be abused for UCE purposes.

Bayanhosting.com - Acceptable Use Policy

 

Chat Rooms

BAYANHOSTING.COM does not allow all hosting customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. BAYANHOSTING.COM provides chat rooms that meet most users' needs and run without hindering system performance.

Bayanhosting.com - Acceptable Use Policy

 

Background Running Programs

BAYANHOSTING.COM may allow, on a case-to-case basis, programs to run in the background. If these programs require additional system resources, extra charges may be applied to your account. If you wish to run background programs please contact This email address is being protected from spambots. You need JavaScript enabled to view it. for review and setup.

Bayanhosting.com - Acceptable Use Policy

 

Internet Relay Chat

BAYANHOSTING.COM does not allow IRC or IRC bots to be operated by Web Hosting and Reseller customers. If an IRC program is discovered, immediate termination will result without warning. The following processes are illegal on our servers and will be killed automatically: BitchX, bnc, eggdrop, guardservices, ircd, psyBNC, ptlink, or similar services.

Bayanhosting.com - Acceptable Use Policy

 

Other

You must have valid and current information on file with your domain name registrar for any domain hosted on the BAYANHOSTING.COM network.

Bayanhosting.com - Acceptable Use Policy

 

Disclaimer

BAYANHOSTING.COM 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 BAYANHOSTING.COM network.

Inquiries regarding this policy should be directed to This email address is being protected from spambots. You need JavaScript enabled to view it. .

INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A BAYANHOSTING.COM CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.

This AUP is subject to change without notice.
Bayanhosting.com - Acceptable Use Policy