This Acceptable Use Policy (AUP) governs the use of ForayWeb'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 ForayWeb regarding the interpretation of this AUP, ForayWeb's interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this AUP, contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Offensive Content

You may not publish or transmit via ForayWeb's service any content that ForayWeb 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, or interferes with a investigation by law enforcement;

  • 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 ForayWeb; or

  • is otherwise malicious or fraudulent or potentially harmful to ForayWeb's business operations.

Content "published or transmitted" via ForayWeb'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 ForayWeb.

Security

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

Bulk Commercial E-Mail

You must obtain ForayWeb'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 ForayWeb'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 ForayWeb'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 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 ForayWeb 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 ForayWeb service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.

ForayWeb 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.

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 ForayWeb's services.

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.

ForayWeb will terminate the service of repeat copyright infringers.

Copyright Infringement Notice (Digital Millennium Copyright Act)

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

ForayWeb
2977 Ygnacio Valley Rd.,#417
Walnut Creek, CA 94598

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 ForayWeb to locate the material;

  • Information reasonably sufficient to permit ForayWeb 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.

Internet and Server Resource 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 ForayWeb 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; or

  • Any conduct that is likely to result in retaliation against the ForayWeb's network.

  • Use of ForayWeb's network in a way that unreasonably interferes with ForayWeb's other customers use of the network

Other

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

Resource Usage

  1. A single account may not utilize more than 20 percent of system resources for longer then 90 seconds. Among the activities that could cause such problems are improper use of: CGI scripts, FTP, PHP, HTTP, Mailing Lists, etc.
  2. Users may not run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed. No IRC.
  3. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
  4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
  5. Accounts that utilize more than an overall 10% CPU or Memory in any given day may be required to upgrade their service.
Acceptable Content

All services provided by Forayweb Hosting may only be used for lawful purposes. Examples of unacceptable content include, but are not limited to: copyrighted material which you do not have permission to use, material we judge to be threatening or obscene, hate sites, pornography, warez sites, proxy scripts, dangerous or insecure scripts.

Forbidden | Unacceptable Content

  • Cracked/Pirated software, and material that violates copyright law.
  • Eggdrops, Torrents, Virus/Trojans, IRC, IRC Files, Hack Programs, Hack Archives, Warez. (nor can you link to any of these items)
  • Hate, Threatening or Obscene sites (At Forayweb's sole discretion).
  • Gamer/Gaming related sites or Game Servers.
  • Anime themed nor related sites.
  • Sites that link to unacceptable material as provided in this TOS
  • No proxy scripts, shell scripts or scripts that allow SSH or simulated SSH access.
  • No Doubler, Pyramid or HYIP programs.
  • No Free Email Accounts. You cannot use our service to supply free email accounts to users who are not your employees, contractors or family members. We are not to be used as a free email service. Exceptions may be made, at Forayweb's sole discretion, for small schools, clubs, and other organizations.
  • No sites from countries or regions under current US sanctions.
  • No outdated/vulnerable scripts. You must have any and all scripts uploaded to our servers updated to the latest secure version at all times.
  • We allow images of nudity as long as the material is not sexually explicit or links to sexually explicit material. Model releases are required and will be verified. Nude images of children are NEVER allowed. If you are not certain whether your content is acceptable, please email admin at forayweb.com.

Account termination for TOS violation negates any refund for unused time.

Disclaimer

ForayWeb 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 ForayWeb network.

Inquiries regarding this policy should be directed to customerservice at forayweb.com.

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