Acceptable Use Policy (AUP)
This CyteShoppe Acceptable Use Policy ("AUP") describes the proper kinds
of conduct and prohibited use of CyteShoppe’s hosting services (the "Services").
This AUP is not exhaustive and CyteShoppe reserves the right to modify this AUP
at any time, effective upon posting of the modified AUP at http://www.cyteshoppe.com/aup.
By registering for and using the Services, and thereby accepting the terms and conditions
of this AUP, you agree to abide by these conditions as modified from time to time.
Any violation of the AUP may result in the suspension or termination of your account
or such other action as CyteShoppe deems appropriate.
The provisions of this Policy are intended as guidelines and are not meant to be
exhaustive. Generally, conduct that violates law, regulation, or the accepted norms
of the Internet community, whether or not expressly mentioned in this Policy, is
prohibited. CyteShoppe reserves the right at all times to prohibit activities that
damage its commercial reputation and goodwill.
Any attempt to undermine or cause harm to a server, or customer, of CyteShoppe is
Unauthorized use of other people's accounts or computers: CyteShoppe 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 a CyteShoppe customer, whether
or not the attacked account or computer belongs to CyteShoppe, 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.
IMPORTANT NOTE - CyteShoppe has the right to discontinue service, or deny access
to anyone who violates our Policies or the terms and conditions shown below WITHOUT
WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination
is due to violation of the terms outlined below. No files located on the offending
account will be retrievable.
Customers may not run IRC, bots or clients on shared servers. Unacceptable uses
also include, but are NOT limited to: Bulk emailing, unsolicited e-mailing's,
newsgroup spamming, illegal content, copyright infringement, trademark infringement,
warez, cracks, software serial numbers, and/or anything else determined by CyteShoppe
to be unacceptable use of CyteShoppe's services including abuse of server resources.
All hosting accounts may be terminated that include the following content or which
have links to the following content:
- Providing material that is grossly offensive to the Web community
including blatant expressions of bigotry, racism or hatred.
- Promoting or providing instructional information about illegal
activities, or promoting physical harm or injury against any group or individual.
- Displaying material that exploits children under 18 years of age.
- Acts of copyright infringement including offering pirated computer
programs or links to such programs, information used to circumvent manufacturer-installed
copy-protect devices, including serial or registration numbers for software programs,
or any type of cracker utilities.
Each plan with CyteShoppe with a pre determined bandwidth usage amount. In the event
that your account exceeds the bandwidth limitations included with your account you
will be billed at the amount specified in the account details.
You will receive a notice detailing any bandwidth overage.
You will have 7 days to visit your control panel to pay for your overages. If you
do not pay for your overages your site will be disabled within 7 days of your first
Each shared Unix web hosting account comes with its own cgi-bin, in which you are
free to use any* CGI scripts you wish. All CGI scripts (Perl scripts with a .pl
or .cgi extension) intended for use on shared Windows 2000 web hosting accounts
are subject to approval by our NT Administrators.
*See the Server Resource Abuse section.
We do not allow clients to install their own chat rooms within a shared hosting
account, without approving it with the CyteShoppe Support Team. Most chat rooms
tend to be large system hogs and we cannot allow it as an account option. However,
we do provide a choice of Java chat rooms for a small extra charge that will more
than fill your needs and run without hindering the performance of the machine for
Note: Parachat chat rooms do not apply to this rule. They are perfectly
fine to install.
Abuse of SMTP Mail Server
We do not allow clients to send more than 2000 pieces of e-mail per day from a shared
hosting account. If you do send more than 2000 pieces of e-mail per day, your account
will be placed on hold for Network Abuse. If you are sending legitimate e-mails
and they total more than 2000 per day your account will be moved to a special server
that is specifically designed to handle high volumes of e-mail. You will be charged
$60.00/month in addition to your regular hosting charges if your account is moved
to this server. Please contact email@example.com to have your domain moved.
Background Running Programs
We may allow programs to run continually in the background. These are considered
on a one-to-one basis and an extra charge will be incurred based on system resources
used and operational maintenance needed.
We currently do not allow IRC IRC clients or IRC bots to be operated on any of our
servers. In addition, IRC servers are not permitted on our network. Anyone found
to be in violation of this policy risks immediate account termination.
You will not exceed the bandwidth, storage and E-mail usage limits outlined by your
particular web hosting package. If you use any bandwidth or storage space in excess
of the agreed upon number of megabytes per month or if you exceed E-Mail storage
and attachment size limitations, CyteShoppe may, in its sole discretion, assess
you with additional charges. If CyteShoppe elects to take any corrective action,
CyteShoppe will not refund any unused pre-paid fees. Your use of your account and
access to it is your responsibility. You are responsible for any unauthorized access
to your account resulting in bandwidth, storage and/or E-mail usage exceeding the
limits outlined in your particular web hosting package specifications and resultant
charges. Bandwidth overages are currently billed at $2.75/GB/month. Disk space overages
are currently billed at $.15/MB/month disk space. Email attachments overages are
currently billed at $.10 per email over 10MB.
Intellectual Property Rights
Material accessible to you through CyteShoppe's services may be subject to
protection under the United States, Canada, or other copyright laws, or laws protecting
trademarks, trade secrets or proprietary information. Except when expressly permitted
by the owner of such rights, you must not use CyteShoppe or its servers and network
in a manner that would infringe, violate, dilute or misappropriate any such rights,
with respect to any material, which you access or receive through the CyteShoppe
network. If you use a domain name in connection with CyteShoppe or similar service,
you must not use that domain name in violation of any trademark, service mark, or
similar rights of any third party.
Customers may not use the CyteShoppe network with an attempt to circumvent user
authentication or security of any host, network, or account. This includes, but
is not limited to, accessing data not intended for the customer, logging into a
server or account the customer is not expressly authorized to access, password cracking,
probing the security of other networks in search of weakness, or violation of any
other organization's security policy. Customers may not attempt to interfere
or deny service to any user, host, or network. This includes, but is not limited
to, flooding, mail bombing, or other deliberate attempts to overload or crash a
host or network. CyteShoppe will cooperate fully with investigations of violations
of systems or network security at other sites, including cooperating with law enforcement
authorities in the investigation of suspected criminal violations. Users who violate
system or network security may incur criminal or civil liability. You are solely
responsible for any security breaches affecting servers or accounts under your control.
If your server or web site is responsible for or involved in an attack on or unauthorized
access into another server or system, CyteShoppe will shut it down immediately.
You will pay any charges resulting from the cost to correct security breaches affecting
CyteShoppe or any of its other customers.
You will be solely responsible for the development, operation and maintenance of
your online store and products and all contents and materials appearing online or
on your products, including without limitation (a) the accuracy and appropriateness
of content and materials appearing within the store or related to your products,
(b) ensuring that the content and materials appearing within the store or related
to your products do not violate or infringe upon the rights of any third party,
and (c) ensuring that the content and materials appearing within the store or related
to your products are not libelous or otherwise illegal. You will be solely responsible
for the final calculation and application of shipping and sales tax. You will also
be solely responsible for accepting, processing, and filling any customer orders,
and for handling any customer inquiries or complaints arising there from.
You are also responsible for the security of any customer credit card numbers and
related customer information you may access as a result of conducting electronic
commerce transactions through your Web Site. You will keep all such information
confidential and will use the same degree of care and security as you use with your
Static / Dynamic Content Caching
You expressly (i) grant to CyteShoppe a license to cache the entirety of your Web
Site, including content supplied by third parties, hosted by CyteShoppe under this
Agreement and (ii) agree that such caching is not an infringement of any of your
intellectual property rights or any third party's intellectual property rights.
IP Address Ownership and Usage
CyteShoppe shall maintain and control ownership of all IP numbers and addresses
that may be assigned to you by CyteShoppe and CyteShoppe reserves, in its sole discretion,
the right to change or remove any and all such IP numbers and addresses.
IP Address usage must be justifiable, as per ARIN guidelines. Justifiable uses are
- SSL Encryption
- Virtual FTP server
- Anonymous FTP server.
DIGITAL MILLENNIUM COPYRIGHT ACT
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of
claimed copyright infringement on the CyteShoppe system or Web site should be sent
ONLY to our Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING CyteShoppe THAT
YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE
MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE
MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT
OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF
OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION
WRITTEN NOTIFICATION REGARDING COPYRIGHT INFRINGEMENT MUST BE SUBMITTED TO:
Attn.: Mauricio Mendoza
P O Box 23591
Brooklyn, NY 11202
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed
Infringement must include the following:
- Physical or electronic signature of a person authorized to act
on behalf of the copyright owner.
- Identification of the copyrighted work claimed to have been infringed
or a representative list if multiple works are involved.
- Identification of the material that is claimed to be infringing
that should be removed or access to disabled and information reasonably sufficient
to enable the online service provider to locate the material (usually a URL to the
- Information reasonably sufficient to allow the online service
provider to contact the complaining party (address, phone number, e-mail address).
- Statement that the complaining party has "a good faith belief
that use of the material in the manner complained of is not authorized by the copyright
owner, its agent or the law."
- Statement that the information in the notice is accurate, and
under penalty of perjury, that the complaining party is authorized to act on behalf
of the copyright owner.
CyteShoppe reserves the right to refuse service to anyone. Customers may only use
CyteShoppe servers for lawful purpose. Transmission of any material in violation
of any Federal, State, Provincial or Local regulation is prohibited. This includes,
but is not limited to copyrighted material, material legally judged to be threatening
or obscene, and material protected by trade secrets. The designation of any materials
as such described above is left entirely to the discretion of CyteShoppe management.
Regardless of the place of signing this agreement, the client agrees that for purposes
of venue and jurisdiction this contract was entered into and performed in Kings
County, Brooklyn, NY, and any dispute will be litigated or arbitrated in Kings County,
Brooklyn, NY. Customer further waives all objections to venue or jurisdiction and
acknowledges that venue and jurisdiction in any such litigation will be held in
Shelburne County Courts. IN NO EVENT SHALL CYTESHOPPE’S MAXIMUM LIABILITY EXCEED
FIVE HUNDRED ($500.00) DOLLARS.
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD CyteShoppe HARMLESS
FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE
ATTORNEY'S FEES ASSERTED AGAINST CYTESHOPPE, 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 CUSTOMER, IT'S AGENTS, EMPLOYEES
OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS CYTESHOPPE AGAINST
LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS
SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH CYTESHOPPE'S SERVER; (2) ANY
MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY
RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS
SOLD TO CUSTOMER FROM CYTESHOPPE'S SERVER.
CyteShoppe WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. CyteShoppe
MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. CyteShoppe
DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS
INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND
ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY CyteShoppe AND ITS EMPLOYEES. CyteShoppe
RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
THREATS/ABUSE AGAINST THE NAME, SERVERS, AND ALL THEREIN, OF CyteShoppe SHALL BE
DEALT WITH TO THE FULL EXTENT OF THE LAW, THIS INCLUDES PACKAGE CLONING, NAME CLONING,
WRONGFUL SUGGESTED AFFILIATION, MISLEADING MENTION OF AFFILIATION, IMAGE CLONING/STEALING,
HTML CODE CLONING/STEALING.
CYTESHOPPE RESERVES THE RIGHT TO ADD, DELETE, OR MODIFY ANY PROVISION OF THIS POLICY
AT ANY TIME WITHOUT NOTICE. REPORTING NETWORK ABUSE ANY PARTY SEEKING TO REPORT
ANY VIOLATIONS CYTESHOPPE’S POLICY MAY CONTACT VIA E-MAIL: ABUSE@CYTESHOPPE.COM.