ArborHost strives to provide the best possible service to all customers. For this reason, we will NOT tolerate any unlawful activity or abuse of our servers. We respect freedom or speech and expression, unless it is harmful to others. This contract is imposed to protect all ArborHost customers, as well as our company, from harm.

Content

You may not use ArborHost accounts to store, transmit, or present any information in violation of US State or Federal law.

ArborHost reserves the right to refuse service to anyone. Customers may only use ArborHost servers for lawful purposes. Transmission, storage, or presentation of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to: unlawful redistribution of copyrighted material, obscene, racist, or hate publications, any links to such content, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of ArborHost management. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue this contract was entered into in Washtenaw County, Michigan, and any dispute will be litigated or arbitrated in Washtenaw County, Michigan.

Pornography is prohibited on our servers. This includes sites that imply pornographic content, or contains links to such content elsewhere. ArborHost also does not host sites of or promoting its competitors. The exceptions to this rule are corporate comparison sites, such as Find-A-Host, which provide objective information about each company.

Liability

You agree to defend, indemnify, save and hold ArborHost harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against ArborHost, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by you, your agents, employees or assigns. You agree to defend, indemnify and hold harmless ArborHost against liabilities arising out of:

(1) any injury to person or property caused by any products sold or otherwise distributed in connection with ArborHost's servers;
(2) any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party;
(3) copyright infringement and
(4) any defective products sold by you from ArborHost's servers.

SPAM

We respect your need for efficient, cost-effective, and interruption-free service.

ArborHost is committed to a 100% anti-spamming policy. Under this policy we prohibit SPAM or any unsolicited commercial email from being sent over the ArborHost network, by customers or users of the network.

ArborHost also may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as the originator, intermediary, or reply-to address of such email. We consider mass email to be any message sent to more than 50 unique email addresses or more than 25 news groups.

Violators of this policy will be charged $1 for every documented complaint involving ArborHost servers.

We react quickly and seriously to violations (unsolicited commercial email and SPAM are illegal), and reserve the right to terminate the account of any customer willfully disregarding this policy.

If you have any questions about our SPAM policy, please email abuse@arborhost.com.

Non-SPAM SMTP Server Abuse

You may not send more than 500 pieces of email per day. If you do send more than 500 pieces of email per day, your account will be placed on hold for SMTP Server Abuse. If you are sending legitimate email and they total more than 500 per day your email account(s) will be moved to a special server that is specifically designed to handle high volumes of email. You will be charged a variable rate (based on volume) in addition to your regular hosting charges if your account is moved to this server. Please contact support@arborhost.com to have your email accounts moved.

CGI Scripts

You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that affects normal server operation without prior warning. You will be contacted within 24 hours with information about the offending script. We reserve the right to terminate the account of any customer that willfully disregards this policy, and re-enables the offending script without making necessary changes.

Background Scripts

We may allow scripts to run continually in the background (via FastCGI). These are considered on a one-on-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

Server Abuse

Any attempt to undermine or cause harm to a server, or customer, of ArborHost is strictly prohibited. ArborHost will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning, etc.

Any unauthorized use of accounts or computers by an ArborHost customer, whether or not the attacked account or computer belongs to ArborHost, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.