As a provider of web site hosting and other Internet-related services, Hoopla Hosting Limited offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Hoopla Hosting Limited respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Hoopla Hosting Limited reserves the right to take certain preventive or corrective actions (for further information, read our Terms Of Service). In order to protect these competing interests, Hoopla Hosting Limited has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer'sservice agreement, and is intended as a guide to the customer's rights and obligations when using Hoopla Hosting Limited's services. This AUP may be revised from time to time, and we will endeavour to make our customers aware of any changes made.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others.
When subscribers disseminate information from the Internet, they must keep in mind that Hoopla Hosting Limited does not edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Hoopla Hosting Limited's network and may reach a large number of people, including both subscribers and non-subscribers of Hoopla Hosting Limited, subscribers' postings to the Internet may affect other subscribers and may affect Hoopla Hosting Limited's goodwill, business, reputation or operations. For these reasons, subscribers violate Hoopla Hosting Limited policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Hoopla Hosting Limited, but also because it can overload Hoopla Hosting Limited's network and disrupt service to Hoopla Hosting Limited's subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Hoopla Hosting Limited will investigate and may shutdown the account that is spamming.
Resource Intensive Sites
Hoopla Hosting Limited currently only provides shared and reseller hosting packages. In this environment, what one customer's site does can have an effect on all other sites on the server. As such, any website or account that is deemed to be using up an unacceptable level of server resources may be shut down without warning. Hoopla Hosting Limited will be the sole determinant in what that unacceptable level is.
Obscene Speech or Materials
Using Hoopla Hosting Limited's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Hoopla Hosting Limited is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
Defamatory or Abusive Language
Using Hoopla Hosting Limited's network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.
Forging of E-Mail Headers
Forging or misrepresenting e-mail headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scanning, stealth scan or other information-gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.
Facilitating a Violation of this AUP
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes, but is not limited to, the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.
Hoopla Hosting Limited reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Other Illegal Activities
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.
Engaging in activities, whether lawful or unlawful, that Hoopla Hosting Limited determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.
As we have pointed out, the responsibility for avoiding harmful activitiesdescribed above rests solely with the subscriber. Hoopla Hosting Limited will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Hoopla Hosting Limited's policy or applicable law. However, when Hoopla Hosting Limited becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions,or any other action deemed appropriate by Hoopla Hosting Limited.
Hoopla Hosting Limited is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Hoopla Hosting Limited's facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Hoopla Hosting Limited does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Hoopla Hosting Limited reserves the right to directly take action against a customer of its subscribers. Also, Hoopla Hosting Limited may take action against the Hoopla Hosting Limited's subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Hoopla Hosting Limited anticipates that subscribers who offer Internet services will cooperate with Hoopla Hosting Limited in any corrective or preventive action that Hoopla Hosting Limited deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Hoopla Hosting Limited policy.
Hoopla Hosting Limited will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Hoopla Hosting Limited may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Hoopla Hosting Limited may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Hoopla Hosting Limited assumes no obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Hoopla Hosting Limited may disclose subscriber information or information transmitted over its network where necessary to protect Hoopla Hosting Limited and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Hoopla Hosting Limited will never sell information to other services or outside companies.
Hoopla Hosting Limited expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate Hoopla Hosting Limited policy. Finally, Hoopla Hosting Limited wishes to emphasize that, in agreeing to the Terms Of Service Agreement, subscribers indemnify Hoopla Hosting Limited for any violation of said Agreement, law or Hoopla Hosting Limited policy resulting in loss to Hoopla Hosting Limited or the bringing of any claim against Hoopla Hosting Limited by any third party. This means that, if Hoopla Hosting Limited is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against Hoopla Hosting Limited, plus costs and reasonable attorney's fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including Hoopla Hosting Limited and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent directly to us.