I. Restricted Content
Clients of PORTALMEDIA, INC. are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. Clients are expected to use its web hosting account for the purposes of maintaining a web site only and the storage allocation is not to be used for any other purposes. Common sense is the best guide as to what is considered acceptable use.
PORTALMEDIA, INC. forbids web sites with adult graphic content (softcore and/or hardcore), including (but not limited to) banners advertising any adult web site(s), child pornography, and distribution of adult web site passwords. Clients whose web site promotes activities that violate federal, state, local laws and/or violation of U.S. export restrictions are also not welcome at PORTALMEDIA, INC.. This includes "warez" sites (freely distributing copyright programs), or sites promoting hacking and/or cracking programs.
Clients whose accounts are found in violation of this policy may, at the discretion of PORTALMEDIA, INC., have their account(s) terminated without notice while forfeiting the unused portion of hosting fees previously collected for the term, and are subject to a maximum clean-up/disconnection fee.
IRC Bots, or any other automaton programs used specifically in conjunction with IRC are not allowed. These programs tie up system resources and are in no way related to maintaining a web site. Clients are not allowed to have any programs, including but not limited to, Eggdrop, or any other IRC-related programs, within their account. Client agrees not to upload files for any of these programs or to execute them within their account. The use of PORTALMEDIA, INC. hosting services for the purpose of peer-to-peer (“P2P”) file sharing is also prohibited. The first violation of this policy will result in the program to be removed from the Client's account and PORTALMEDIA, INC. will notify the Client immediately of the violation. The second violation of this policy may, at the discretion of PORTALMEDIA, INC., result in the Client's account(s) being terminated without notice and a maximum $500 clean-up/disconnect fee.
Simply put, we ask that our clients use their hosting account for the purposes of hosting a professional, non-adult oriented, legal web site.
II. E-mail/Spam Policy
PORTALMEDIA, INC. is an active participant in the initiative to control the amount of Unsolicited Commercial E-mail (UCE or "Spam") that circulates on the Internet.
Spamming is the sending of unsolicited e-mail, regardless of size or volume, to unknown persons or to people without their prior consent. The use of fictitious e-mail addresses containing any domain name hosted with PORTALMEDIA, INC. is strictly prohibited. Spamming also includes sending unsolicited advertisements to numerous e-mail addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user. A violation of this policy extends to clients who send unsolicited e-mail from a domain name not affiliated or hosted with PORTALMEDIA, INC. but the mail message makes mention of a web site hosted with the data center operations of PORTALMEDIA, INC. (a “spamvertized” web site), or the distribution is sent through a server operated by PORTALMEDIA, INC. or any of its dedicated server co-location customers.
PORTALMEDIA, INC. allows clients to send mailings to subscribers of their own mailing list. Subscribers to such mailing lists must have elected to be a subscriber (also known as an "opt-in" list) and proof of this must be made available to PORTALMEDIA, INC. if it is requested. An opt-in list may not be used for any purposes other than what is specifically described to a person when he or she elects to subscribe. Mailings must have explicit instructions to the recipient on how to remove his/her name from the list, and all requests to do so must be honored immediately.
Clients agree not to send mailings to lists provided by an outside agency or individual. Clients further agree not to provide mailing list services to others. If sufficient complaints are filed with PORTALMEDIA, INC. or other anti-spam organizations (such as Spamcop, Spamhaus, or SPEWS) due to e-mail misuse/abuse, then the mailing list will be terminated, pending further investigation by the network staff. We are required to uphold this policy to protect our other clients from having our network blacklisted from other networks due to unethical spam activity. PORTALMEDIA, INC. reserves the right to terminate a client's mailing program, whether provided by PORTALMEDIA, INC. or not, immediately and without notification to client if said list causes a problem with the e-mail services of other clients. PORTALMEDIA, INC. also reserves the right to prohibit clients from utilizing any mail-sending program that jeopardizes the mail services of other clients.
Providing “spamware” or spam-related programs is strictly prohibited. Additionally, clients may not have e-mail lists available for download on the site.
Trolling, the posting of outrageous messages to generate numerous responses, is also not allowed. Mail-bombing, the sending of multiple messages without significant new content to the same user and/or subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system is strictly prohibited. PORTALMEDIA, INC. reserves the right to determine what constitutes abuse of this policy. Clients whose accounts are found in violation of this policy may, at the discretion of PORTALMEDIA, INC., have their account(s) terminated without notice and are subject to a maximum $500 clean-up/disconnection fee. PORTALMEDIA, INC. is not obligated under any circumstance to reinstate any account that has been closed due to violations.
III.
Copyrighted Material
It is the responsibility of our clients to ensure that all information within their accounts is their own work. Due to distribution rights of shareware programs, clients may not distribute freeware software programs unless the programs are their own work, or unless permission is granted by the owner of the work and written documentation of this permission is provided to PORTALMEDIA, INC. upon request. Copyrighted materials include art, music, video, software, and other works. MP3, AAC, and Windows Media Audio (WMA) are popular file formats for encoded audio content. QuickTime (MOV), MPEG, and Windows Media Video (WMV) are popular file formats for encoded video content. While we do not ban these files, we do ask that any digital content you have on your web site are not in violation of any copyrights. Copyrighted audio and/or video, in any format, cannot be placed within client's account. Clients agree to indemnify PORTALMEDIA, INC. of any possible litigation involving trademark or copyrighted materials.
Client agrees not to modify any copyright notices in features (such as PHP and ASP scripts, etc.) provided by PORTALMEDIA, INC.. Modification of scripts provided by PORTALMEDIA, INC. without written permission is strictly prohibited.
IV. Excessive Usage
Clients agree to take all responsibility for all programs including CGI, ASP, and PHP scripts executed under their accounts. Programs that consume an excessive amount of CPU run time or Random Access Memory (RAM) are not permitted. Clients also agree to use best practices when posting files to the web server. Files that are excessively large (in bytes) and accessed frequently can result in excessive use of network bandwidth. Clients agree and understand that such excessive use can have an adverse effect on the performance of the web server and/or network. Clients agree to accept responsibility for programs executed under their accounts, regardless of who authored the program. PORTALMEDIA, INC. reserves the right to suspend accounts without notice to clients who violate these terms. PORTALMEDIA, INC. has sole discretion over what constitutes excessive usage.
Programs provided by PORTALMEDIA, INC. as an installable feature are not exempt from this policy. While every effort is made on the part of PORTALMEDIA, INC. to ensure the programs it provides are efficient, problems with excessive usage on particular programs may occur.
Note: PORTALMEDIA, INC. may, at any time, revise the Acceptable Use
Policy. Renewal of a hosting service term with PORTALMEDIA, INC.
constitutes acceptance to all modifications to the Acceptable Uses Policy.
Any revisions to the Acceptable Use Policy will be in effect upon renewal
of a hosting service term with PORTALMEDIA, INC.. Client understands
that the Acceptable Use Policy is only a portion of our service agreement.
