GraceHost.net's goal is to provide its Customers with the best service possible. In order to help accomplish this, GraceHost.net has adopted this Acceptable Use Policy (the “Policy”). This Policy outlines acceptable use of the GraceHost.net hosting service (the “Service”). This Policy is in addition to any restrictions contained in the GraceHost.net Hosting Agreement and the Frequently Asked Questions (“FAQs”). All capitalized terms used in this Policy that are not defined here may have the meanings given to them in other Agreements.
Customer Obligations
All GraceHost.net Customers and all others who use the Service must comply with this Policy. Your failure to comply with this Policy could result in the suspension or termination of your Service account. If you do not agree to comply with this Policy, you must immediately stop all use of the Service and notify GraceHost.net so that it can close your account.
How will I know when GraceHost.net changes this Policy and how do I report violations of it?
GraceHost.net may revise this Policy from time to time by posting a new version on the Web site at http://www.GraceHost.net.net or any successor URL(s) (the “GraceHost.net.net Web site”). GraceHost.net will use reasonable efforts to make customers aware of any changes to this Policy, which may include sending e-mail announcements or posting information on the GraceHost.net.net Web site. Revised versions of this Policy are effective immediately upon posting. Accordingly, customers of the GraceHost.net High-Speed Internet Service should read any GraceHost.net announcements they receive and regularly visit the GraceHost.net.net Web site and review this Policy to ensure that their activities conform to the most recent version. You can send questions regarding this Policy to, and report violations of it at, http://www.GraceHost.net.net/help/contact/. To report a child exploitation incident involving the Internet, go to http://security.GraceHost.net.net/get-help/report-a-security-threat-or-scam.aspx#childPornography.
I. Prohibited Uses and Activities
What uses and activities does Comcast prohibit?
In general, the Policy prohibits uses and activities involving the
Service that are illegal, infringe the rights of others, or interfere
with or diminish the use and enjoyment of the Service by others. For
example, these prohibited uses and activities include, but are not
limited to, using the Service, Customer Equipment, or the Comcast
Equipment, either individually or in combination with one another, to:
Conduct and information restrictions
* undertake or accomplish any unlawful purpose. This includes, but
is not limited to, posting, storing, transmitting or disseminating
information, data or material which is libelous, obscene, unlawful,
threatening or defamatory, or which infringes the intellectual property
rights of any person or entity, or which in any way constitutes or
encourages conduct that would constitute a criminal offense, or
otherwise violate any local, state, federal, or non-U.S. law, order, or
regulation;
* post, store, send, transmit, or disseminate any information or
material which a reasonable person could deem to be unlawful;
* upload, post, publish, transmit, reproduce, create derivative
works of, or distribute in any way information, software or other
material obtained through the Service or otherwise that is protected by
copyright or other proprietary right, without obtaining any required
permission of the owner;
* transmit unsolicited bulk or commercial messages commonly known as “spam;”
* send very large numbers of copies of the same or substantially
similar messages, empty messages, or messages which contain no
substantive content, or send very large messages or files that disrupts
a server, account, blog, newsgroup, chat, or similar service;
* initiate, perpetuate, or in any way participate in any pyramid or other illegal scheme;
* participate in the collection of very large numbers of e-mail
addresses, screen names, or other identifiers of others (without their
prior consent), a practice sometimes known as spidering or harvesting,
or participate in the use of software (including “spyware”) designed to
facilitate this activity;
* collect responses from unsolicited bulk messages;
* falsify, alter, or remove message headers;
* falsify references to GraceHost.net or its network, by name or other identifier, in messages;
* impersonate any person or entity, engage in sender address
falsification, forge anyone else's digital or manual signature, or
perform any other similar fraudulent activity (for example, “phishing”);
* violate the rules, regulations, terms of service, or policies
applicable to any network, server, computer database, service,
application, system, or Web site that you access or use;
Technical restrictions
* access any other person's computer or computer system, network,
software, or data without his or her knowledge and consent; breach the
security of another user or system; or attempt to circumvent the 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 hosts, networks,
or accounts without express permission to do so;
* use or distribute tools or devices designed or used for
compromising security or whose use is otherwise unauthorized, such as
password guessing programs, decoders, password gatherers, keystroke
loggers, analyzers, cracking tools, packet sniffers, encryption
circumvention devices, or Trojan Horse programs. Unauthorized port
scanning is strictly prohibited;
* copy, distribute, or sublicense any proprietary software provided
in connection with the Service by GraceHost.net or any third party, except
that you may make one copy of each software program for back-up
purposes only;
* distribute programs that make unauthorized changes to software (cracks);
* use or run dedicated, stand-alone equipment or servers from the
Premises that provide network content or any other services to anyone
outside of your Premises local area network (“Premises LAN”), also
commonly referred to as public services or servers. Examples of
prohibited equipment and servers include, but are not limited to,
e-mail, Web hosting, file sharing, and proxy services and servers;
* use or run programs from the Premises that provide network
content or any other services to anyone outside of your Premises LAN,
except for personal and non-commercial residential use;
* service, alter, modify, or tamper with the GraceHost.net Equipment or
Service or permit any other person to do the same who is not authorized
by GraceHost.net;
Network and usage restrictions
* restrict, inhibit, or otherwise interfere with the ability of any
other person, regardless of intent, purpose or knowledge, to use or
enjoy the Service (except for tools for safety and security functions
such as parental controls, for example), including, without limitation,
posting or transmitting any information or software which contains a
worm, virus, or other harmful feature, or generating levels of traffic
sufficient to impede others' ability to use, send, or retrieve
information;
* restrict, inhibit, interfere with, or otherwise disrupt or cause
a performance degradation, regardless of intent, purpose or knowledge,
to the Service or any GraceHost.net (or GraceHost.net supplier) host, server,
backbone network, node or service, or otherwise cause a performance
degradation to any GraceHost.net (or GraceHost.net supplier) facilities used to
deliver the Service;
* resell the Service or otherwise make available to anyone outside
the Premises the ability to use the Service (for example, through wi-fi
or other methods of networking), in whole or in part, directly or
indirectly. The Service is for personal and non-commercial residential
use only and you agree not to use the Service for operation as an
Internet service provider or for any business enterprise or purpose
(whether or not for profit);
* connect the GraceHost.net Equipment to any computer outside of your Premises;
* interfere with computer networking or telecommunications service
to any user, host or network, including, without limitation, denial of
service attacks, flooding of a network, overloading a service, improper
seizing and abusing operator privileges, and attempts to “crash” a
host; and
* accessing and using the Service with anything other than a
dynamic Internet Protocol (“IP”) address that adheres to the dynamic
host configuration protocol (“DHCP”). You may not configure the Service
or any related equipment to access or use a static IP address or use
any protocol other than DHCP unless you are subject to a Service plan
that expressly permits you to do so.
II. Customer Conduct and Features of the Service
What obligations do I have under this Policy?
In addition to being responsible for your own compliance with this
Policy, you are also responsible for any use or misuse of the Service
that violates this Policy, even if it was committed by a friend, family
member, or guest with access to your Service account. Therefore, you
must take steps to ensure that others do not use your account to gain
unauthorized access to the Service by, for example, strictly
maintaining the confidentiality of your Service login and password. In
all cases, you are solely responsible for the security of any device
you choose to connect to the Service, including any data stored or
shared on that device. GraceHost.net recommends against enabling file or
printer sharing unless you do so in strict compliance with all security
recommendations and features provided by GraceHost.net and the manufacturer
of the applicable file or printer sharing devices. Any files or devices
you choose to make available for shared access on a home LAN, for
example, should be protected with a strong password or as otherwise
appropriate.
It is also your responsibility to secure the Customer Equipment and any
other Premises equipment or programs not provided by GraceHost.net that
connect to the Service from external threats such as viruses, spam, bot
nets, and other methods of intrusion.
How does GraceHost.net address inappropriate content and transmissions?
GraceHost.net reserves the right to refuse to transmit or post, and to remove
or block, any information or materials, in whole or in part, that it,
in its sole discretion, deems to be in violation of Sections I or II of
this Policy, or otherwise harmful to GraceHost.net's network or customers
using the Service, regardless of whether this material or its
dissemination is unlawful so long as it violates this Policy. Neither
GraceHost.net nor any of its affiliates, suppliers, or agents have any
obligation to monitor transmissions or postings (including, but not
limited to, e-mail, file transfer, blog, newsgroup, and instant message
transmissions as well as materials available on the Personal Web Pages
and Online Storage features) made on the Service. However, GraceHost.net and
its affiliates, suppliers, and agents have the right to monitor these
transmissions and postings from time to time for violations of this
Policy and to disclose, block, or remove them in accordance with this
Policy, the Subscriber Agreement, and applicable law.
What requirements apply to electronic mail?
The Service may not be used to communicate or distribute e-mail or
other forms of communications in violation of Section I of this Policy.
As described below in Section III of this Policy, GraceHost.net uses
reasonable network management tools and techniques to protect customers
from receiving spam and from sending spam (often without their
knowledge over an infected computer). GraceHost.net's anti-spam approach is
explained in the FAQs under the topic “What is GraceHost.net doing about
spam?” located at
http://help.GraceHost.net.net/content/faq/What-is-GraceHost.net-doing-about-spam.
GraceHost.net is not responsible for deleting or forwarding any e-mail sent
to the wrong e-mail address by you or by someone else trying to send
e-mail to you. GraceHost.net is also not responsible for forwarding e-mail
sent to any account that has been suspended or terminated. This e-mail
will be returned to the sender, ignored, deleted, or stored temporarily
at GraceHost.net's sole discretion. In the event that GraceHost.net believes in its
sole discretion that any subscriber name, account name, or e-mail
address (collectively, an “identifier”) on the Service may be used for,
or is being used for, any misleading, fraudulent, or other improper or
illegal purpose, GraceHost.net (i) reserves the right to block access to and
prevent the use of any of these identifiers and (ii) may at any time
require any customer to change his or her identifier. In addition,
GraceHost.net may at any time reserve any identifiers on the Service for
GraceHost.net's own purposes. In the event that a Service account is
terminated for any reason, all e-mail associated with that account (and
any secondary accounts) will be permanently deleted as well.
What requirements apply to instant, video, and audio messages?
Each user is responsible for the contents of his or her instant, video,
and audio messages and the consequences of any of these messages.
GraceHost.net assumes no responsibility for the timeliness, mis-delivery,
deletion, or failure to store these messages. In the event that a
Service account is terminated for any reason, all instant, video, and
audio messages associated with that account (and any secondary
accounts) will be permanently deleted as well.
What requirements apply to personal web pages and file storage?
As part of the Service, GraceHost.net provides access to personal Web pages
and storage space through the Personal Web Pages and Online Storage
features (collectively, the “Personal Web Features”). You are solely
responsible for any information that you or others publish or store on
the Personal Web Features. You are also responsible for ensuring that
all content made available through the Personal Web Features is
appropriate for those who may have access to it. For example, you must
take appropriate precautions to prevent minors from receiving or
accessing inappropriate content. GraceHost.net reserves the right to remove,
block, or refuse to post or store any information or materials, in
whole or in part, that it, in its sole discretion, deems to be in
violation of Section I of this Policy. For purposes of this Policy,
“material” refers to all forms of communications including text,
graphics (including photographs, illustrations, images, drawings,
logos), executable programs and scripts, video recordings, and audio
recordings. GraceHost.net may remove or block content contained on your
Personal Web Features and terminate your Personal Web Features and/or
your use of the Service if we determine that you have violated the
terms of this Policy.
III. Network Management and Limitations on Data Consumption
Why does GraceHost.net manage its network?
GraceHost.net manages its network with one goal: to deliver the best possible
broadband Internet experience to all of its customers. High-speed
bandwidth and network resources are not unlimited. Managing the network
is essential as GraceHost.net works to promote the use and enjoyment of the
Internet by all of its customers. The company uses reasonable network
management practices that are consistent with industry standards.
GraceHost.net tries to use tools and technologies that are minimally
intrusive and, in its independent judgment guided by industry
experience, among the best in class. Of course, the company's network
management practices will change and evolve along with the uses of the
Internet and the challenges and threats on the Internet.
The need to engage in network management is not limited to GraceHost.net. In
fact, all large Internet service providers manage their networks. Many
of them use the same or similar tools that GraceHost.net does. If the company
didn't manage its network, its customers would be subject to the
negative effects of spam, viruses, security attacks, network
congestion, and other risks and degradations of service. By engaging in
responsible network management including enforcement of this Policy,
GraceHost.net can deliver the best possible broadband Internet experience to
all of its customers. Visit GraceHost.net's Network Management page at
http://www.GraceHost.net.net/terms/network for more information.
How does GraceHost.net manage its network?
GraceHost.net uses various tools and techniques to manage its network,
deliver the Service, and ensure compliance with this Policy and the
Subscriber Agreement. These tools and techniques are dynamic, like the
network and its usage, and can and do change frequently. For example,
these network management activities may include (i) identifying spam
and preventing its delivery to customer e-mail accounts, (ii) detecting
malicious Internet traffic and preventing the distribution of viruses
or other harmful code or content, (iii) temporarily lowering the
priority of traffic for users who are the top contributors to current
network congestion, and (iv) using other tools and techniques that
GraceHost.net may be required to implement in order to meet its goal of
delivering the best possible broadband Internet experience to all of
its customers.
Are there restrictions on data consumption that apply to the Service?
The Service is for personal and non-commercial residential use only.
Therefore, GraceHost.net reserves the right to suspend or terminate Service
accounts where data consumption is not characteristic of a typical
residential user of the Service as determined by the company in its
sole discretion. GraceHost.net has established a monthly data consumption
threshold per GraceHost.net High-Speed Internet account of 250 Gigabytes
(“GB”). Use of the Service in excess of 250GB per month is excessive
use and is a violation of the Policy. See the Network Management page
at http://www.GraceHost.net.net/terms/network/ for more information and to
learn how GraceHost.net applies this Policy to excessive use. Common
activities that may cause excessive data consumption in violation of
this Policy include, but are not limited to, numerous or continuous
bulk transfers of files and other high capacity traffic using (i) file
transfer protocol (“FTP”), (ii) peer-to-peer applications, and (iii)
newsgroups. You must also ensure that your use of the Service does not
restrict, inhibit, interfere with, or degrade any other person's use of
the Service, nor represent (as determined by GraceHost.net in its sole
discretion) an overly large burden on the network. In addition, you
must ensure that your use of the Service does not limit or interfere
with GraceHost.net's ability to deliver and monitor the Service or any part
of its network.
If you use the Service in violation of the restrictions referenced
above, that is a violation of this Policy. In these cases, GraceHost.net may,
in its sole discretion, suspend or terminate your Service account or
request that you subscribe to a version of the Service (such as a
commercial grade Internet service, if appropriate) if you wish to
continue to use the Service at higher data consumption levels. GraceHost.net
may also provide versions of the Service with different speed and data
consumption limitations, among other characteristics, subject to
applicable Service plans. GraceHost.net's determination of the data
consumption for Service accounts is final.
IV. Violation of this Acceptable Use Policy
What happens if you violate this Policy?
GraceHost.net reserves the right immediately to suspend or terminate your
Service account and terminate the Subscriber Agreement if you violate
the terms of this Policy or the Subscriber Agreement.
How does GraceHost.net enforce this Policy?
GraceHost.net does not routinely monitor the activity of individual Service
accounts for violations of this Policy, except for determining
aggregate data consumption in connection with the data consumption
provisions of this Policy. However, in the company's efforts to promote
good citizenship within the Internet community, it will respond
appropriately if it becomes aware of inappropriate use of the Service.
GraceHost.net has no obligation to monitor the Service and/or the network.
However, GraceHost.net and its suppliers reserve the right at any time to
monitor bandwidth, usage, transmissions, and content in order to, among
other things, operate the Service; identify violations of this Policy;
and/or protect the network, the Service and GraceHost.net users.
GraceHost.net prefers to inform customers of inappropriate activities and
give them a reasonable period of time in which to take corrective
action. GraceHost.net also prefers to have customers directly resolve any
disputes or disagreements they may have with others, whether customers
or not, without GraceHost.net's intervention. However, if the Service is used
in a way that GraceHost.net or its suppliers, in their sole discretion,
believe violates this Policy, GraceHost.net or its suppliers may take any
responsive actions they deem appropriate under the circumstances with
or without notice. These actions include, but are not limited to,
temporary or permanent removal of content, cancellation of newsgroup
posts, filtering of Internet transmissions, and the immediate
suspension or termination of all or any portion of the Service
(including but not limited to newsgroups). Neither GraceHost.net nor its
affiliates, suppliers, or agents will have any liability for any of
these responsive actions. These actions are not GraceHost.net's exclusive
remedies and GraceHost.net may take any other legal or technical actions it
deems appropriate with or without notice.
GraceHost.net reserves the right to investigate suspected violations of this
Policy, including the gathering of information from the user or users
involved and the complaining party, if any, and examination of material
on GraceHost.net's servers and network. During an investigation, GraceHost.net may
suspend the account or accounts involved and/or remove or block
material that potentially violates this Policy. You expressly authorize
and consent to GraceHost.net and its suppliers cooperating with (i) law
enforcement authorities in the investigation of suspected legal
violations, and (ii) and system administrators at other Internet
service providers or other network or computing facilities in order to
enforce this Policy. Upon termination of your Service account, GraceHost.net
is authorized to delete any files, programs, data, e-mail and other
messages associated with your account (and any secondary accounts).
The failure of GraceHost.net or its suppliers to enforce this Policy, for
whatever reason, shall not be construed as a waiver of any right to do
so at any time. You agree that if any portion of this Policy is held
invalid or unenforceable, that portion will be construed consistent
with applicable law as nearly as possible, and the remaining portions
will remain in full force and effect.
You agree to indemnify, defend and hold harmless GraceHost.net and its
affiliates, suppliers, and agents against all claims and expenses
(including reasonable attorney fees) resulting from any violation of
this Policy. Your indemnification will survive any termination of the
Subscriber Agreement.
V. Copyright and Digital Millennium Copyright Act Requirements
What is GraceHost.net's DMCA policy?
GraceHost.net is committed to complying with U.S. copyright and related laws,
and requires all customers and users of the Service to comply with
these laws. Accordingly, you may not store any material or content on,
or disseminate any material or content over, the Service (or any part
of the Service) in any manner that constitutes an infringement of third
party intellectual property rights, including rights granted by U.S.
copyright law. Owners of copyrighted works who believe that their
rights under U.S. copyright law have been infringed may take advantage
of certain provisions of the Digital Millennium Copyright Act of 1998
(the “DMCA”) to report alleged infringements. It is GraceHost.net's policy in
accordance with the DMCA and other applicable laws to reserve the right
to terminate the Service provided to any customer or user who is either
found to infringe third party copyright or other intellectual property
rights, including repeat infringers, or who GraceHost.net, in its sole
discretion, believes is infringing these rights. GraceHost.net may terminate
the Service at any time with or without notice for any affected
customer or user.
How do copyright owners report alleged infringements to GraceHost.net?
Copyright owners may report alleged infringements of their works that
are stored on the Service or the Personal Web Features by sending
GraceHost.net's authorized agent a notification of claimed infringement that
satisfies the requirements of the DMCA. Upon GraceHost.net's receipt of a
satisfactory notice of claimed infringement for these works, GraceHost.net
will respond expeditiously to either directly or indirectly (i) remove
the allegedly infringing work(s) stored on the Service or the Personal
Web Features or (ii) disable access to the work(s). GraceHost.net will also
notify the affected customer or user of the Service of the removal or
disabling of access to the work(s).
Copyright owners may send GraceHost.net a notification of claimed infringement to report alleged infringements of their works to:
J. Opperman & M. Moleski
GraceHost.net Cable Communications, LLC
701 East Gate Drive, 3rd Floor
Mount Laurel, NJ 08054 U.S.A.
Phone: 888.565.4329
Fax: 856.324.2940
Email:
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
Copyright owners may use their own notification of claimed infringement
form that satisfies the requirements of Section 512(c)(3) of the U.S.
Copyright Act. Under the DMCA, anyone who knowingly makes
misrepresentations regarding alleged copyright infringement may be
liable to GraceHost.net, the alleged infringer, and the affected copyright
owner for any damages incurred in connection with the removal,
blocking, or replacement of allegedly infringing material.
What can customers do if they receive a notification of alleged infringement?
If you receive a notification of alleged infringement as described
above, and you believe in good faith that the allegedly infringing
works have been removed or blocked by mistake or misidentification,
then you may send a counter notification to GraceHost.net. Upon GraceHost.net's
receipt of a counter notification that satisfies the requirements of
DMCA, GraceHost.net will provide a copy of the counter notification to the
person who sent the original notification of claimed infringement and
will follow the DMCA's procedures with respect to a received counter
notification. In all events, you expressly agree that GraceHost.net will not
be a party to any disputes or lawsuits regarding alleged copyright
infringement.
If a notification of claimed infringement has been filed against you,
you can file a counter notification with GraceHost.net's designated agent
using the contact information shown above. All counter notifications
must satisfy the requirements of Section 512(g)(3) of the U.S.
Copyright Act.
