Acceptable Use Policy


Overview

Please note: Webiness is a service name of TierPoint, and as such, is covered by the following Acceptable Use Policy:

This is the TierPoint Acceptable Use Policy ("Usage Policy"), which supplements the service agreement of each user ("Subscriber") of TierPoint's services.

Every Subscriber is subject to this Usage Policy, and by virtue of using TierPoint's services, network, and/or systems (collectively the "Services") agrees to be bound by this Usage Policy. TierPoint will revise this Usage Policy from time to time. A Subscriber's use of the Services after revisions to the Usage Policy are posted on TierPoint's website at www.tierpoint.com and the Webiness website at www.webiness.com, will constitute such person's acceptance of any changes or additions to the Usage Policy.

Subscribers violate this Usage Policy when they (or their affiliates or customers) engage in the following prohibited activities.


Violations of Intellectual Property Rights

Any violation of any person's intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. TierPoint is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see "Copyright Infringement Notice Information" below).


Spamming

We do not restrict the amount of e-mail traffic you have coming in or out of your server. On outbound mail, if our network is blacklisted by any of the spam blacklisting services, because of traffic coming out of your server, we will first contact you to allow you to fix the problem; if not resolved within 24-hours, we will have to take your server off-line. The sending of unsolicited bulk e-mail is prohibited in this policy.

In the event of a compromised server or email account, if the issue is flooding our network and affecting other customers, we may take it offline immediately. We will always try to allow you 24 hours to fix the issue, but some cases may require immediate intervention on our part. This may be done by suspending an account, blocking traffic at the server or firewall level, or resetting an individual user's email password.


Legitimate Email Marketing Services

TierPoint understands that Solicited Bulk Email is an important mechanism for keeping consenting customers informed of products, services or news. Subscribers who insist that they participate in legitimate opt-in direct mail, telemarketing, and/or email marketing services are welcome as hosting customers, and must agree to the following in order to take advantage of TierPoint’s hosting services:

  • The Subscriber must purchase a dedicated server or colocation solution to accomodate their Solicited Bulk Email-based business.
  • One month payment in advance is due upon the creation of the Subscriber’s account, and a valid credit card must be stored securely and locally as part of the Subscriber’s account.
  • Any spam-oriented complaints which result in the black-listing of Webiness IP pools (outside of those IP addresses assigned to the Subscriber’s dedicated server) shall result in the immediate cancellation of the Subscriber’s account, and no refunds shall be issued.
  • The Subscriber is responsible for managing the positive association of their business with popular black-listing authorities, primarily Spamhaus (spamhaus.org)  and SpamCop (spamcop.net) accordingly.
  • Shared hosting customer who wish to send bulk email, such as newsletters, are limited to sending 100 messages per 30 minutes. We highly recommend using a service like Constant Contact to perform these duties as they have safeguards in place that stop their systems from being listed on the blacklist servers out there.

Misrepresentation of Transmission Information

Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of an message is prohibited.


Viruses and Other Destructive Activities

Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Subscriber to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.


Hacking

"Hacking" and related activities is prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.


Export Control Violations

The exportation of encryption software outside of the United States and/or violations of United States law relating to the exportation of software is prohibited.


Child Pornography

The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. TierPoint is required by law, and will notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.


Other Illegal Activities

The use of the Services to engage in any activities that are determined by TierPoint, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable on-line privacy laws. TierPoint will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.


Obscene, Defamatory, Abusive or Threatening Language

Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.


Server Reboots & Maintenance

Webiness has an ongoing maintenance window which occurs on Saturdays, from 1:00AM - 3:00AM PST as needed. We will use this time to perform general system maintenance, apply patches, and install software updates. In general, the only time we will reboot production servers will be during one of these maintenance windows, or as needed during non-business hours, beginning at 1:00AM PST on any day of the week.

If you are on a shared hosting platform, and your development efforts require regular or business-hour reboots (8:00AM - 5:00PM PST), we ask that you upgrade to a Dedicated Server, which will provide you with complete control over your hosting environment.


Other Activities

Engaging in any activity that, in TierPoint's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, TierPoint's business, operations, reputation, goodwill, customers and/or customer relations, or the ability of TierPoint's customers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate this Usage Policy. In addition, the failure by a Subscriber to cooperate with TierPoint in correcting or preventing violations of this Usage Policy by, or that result from the activity of, a customer of the Subscriber is a violation of this Usage Policy.

In general, TierPoint does not monitor its customers' websites or activities to determine whether they are in compliance with this Usage Policy. However, when TierPoint becomes aware of any violation of this Usage Policy or its User Agreement, TierPoint may take any action to stop or correct such violation, including, but not limited to, shutting down a website, denying access to the Services or to the Internet, and/or removing information. In addition, TierPoint may take action against a Subscriber or a customer of such Subscriber because of the activities of such customer. TierPoint reserves the right to take any such action even though such action may affect other customers of the Subscriber.

TierPoint may disclose any information in its possession, including, without limitation, information about Subscribers, internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request, to protect TierPoint or others from harm, and/or to ensure the proper operation of the Services. TierPoint has no obligation to notify any person, including the Subscriber about whom information is sought, that TierPoint has provided the information.

In accordance with the Digital Millennium Copyright Act, TierPoint has adopted a policy that provides for termination of websites hosted by TierPoint that are found to infringe on copyrights of third parties. If a copyright holder believes that there has been a violation of his or her copyright on a website that is hosted by TierPoint or its subsidiaries, and the copyright holder wants TierPoint to remove the website or disable the material in question, TierPoint will remove the website or disable the material if the copyright holder provides us with all of the following information:

  • A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Identification of the copyrighted work that is claimed is being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works.
  • Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.
  • Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an electronic mail address at which such person may be contacted.
  • A statement that the person giving the notification 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.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Notices should be directed to:

TierPoint
PO. Box 460
Liberty Lake, WA 99019
Attn: Copyright Support


Modification

TierPoint 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 Webiness’s policy may contact via e-mail: abuse@webiness.com