7. Acceptable Use Policies (AUP)

BlueTech Hosting has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing BlueTech Hosting services. This AUP will be revised from time to time. A customer's use of BlueTech Hosting after changes to the AUP are posted on BlueTech Hosting web site, BlueTech Hosting, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.

Following, the Acceptable Use Policies provide more detailed information regarding what is acceptable use of our products and services.

7 .1. Appropriate Use of the Services
7.2. Client Content
7.3. Disk Space
7.4. Bandwidth
7.5. Licensed Software
7.6. Back-up Files and Processing
7.7. UCE / Spam
7.8. Adult Content
7.9. SHARED SERVER RESOURCE ABUSE
7.10. Illegal activities
7.11. Ban on exploitable scripts
7.12. MISCELLANEOUS AND OTHER ACTIVITIES

7.1. Appropriate Use of the Services

blueTech Hosting provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such services.

7.2. Client Content
Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any blueTech Hosting server in connection with Client's use of the Services which:

¡ violate any state, federal or foreign laws or regulations;

¡ infringe on any intellectual property rights (e.g. copyright, trademark, patent or other proprietary rights) of blueTech or any third party;

¡ are defamatory, slanderous or trade libelous;

¡ are threatening or harassing;

¡ are discriminatory based on gender, race, age or promotes hate violate any blueTech Hosting policy posted on the 

¡ blueTech site including but not limited to those listed in our Terms of Service (TOS) & Acceptable Use Of Policy,
contain viruses or other computer programming defects which result in damage to blueTech Hosting or any third party.

7.3. Disk Space

7.3.A Reseller Accounts: 

Client may occupy only the amount of disk space on the blueTech hosting Server that is allotted by blueTech Hosting. Additional fees, specified in the hosting plans, will be charged for exceeding the disk space. Disk space measurement includes all customer content and generated content from their web site and includes but is not limited to MySQL data, Mailing List data and data in /home/user directories for virtual accounts. BlueTech hosting is not responsible for measurements provided by individual control panel software, which is 3rd party software not controlled by blueTech Hosting, which may or may not include all of the customer data in their measurements.

7.3.B Dedicated Servers:

The Disk Drive and/or Disk Space Quota for these accounts is hard quota based and clients have full access and rights to the disk space. Available disk space for the Client excludes the space required for the Operating System, Control Panel and other Services that come with the server set up which is selected by the client. Client has full control of all disk space for these accounts and may remove, delete and/or alter the installed files and configurations. However, removing, altering or deleting the files and base configurations installed by blueTech Hosting and/or in the case of the Control Panels, is not part of the 3rd party software released packages, patches, fixes and or upgrades, places all software support for that account/server into a fee based category.

7.4 Bandwidth

Dedicated and Virtual Private Server (VPS), Accounts are limited only to port speed. Default port setting is 10 Meg. Additional fees, specified in the account plan will be charged for exceeding the network bandwidth allowance of your selected plan/server.

7.5 Licensed Software Only
Client agrees to use only properly licensed third party software in connection with Client's use of the services.

7.6 Back-up Files and Processing

Virtual/Shared Hosting Clients will have the ability to reinstate files which are automatically archived by blueTech Hosting upon request for a minimal fee; however, blueTech Hosting does not guarantee the existence, accuracy, or regularity of its backup services, and therefore, Client is responsible for making back-up files in connection with its use of the services. The accuracy and quality of backup processes provided by 3rd party software, such as the individual 3rd party control panels, is not guaranteed by blueTech Hosting.

On Dedicated Servers with the on-board backup option, they are paying for the additional disk drive only. blueTech Hosting will provide and install the backup script for our clients upon request, but the running of cron jobs and services is the responsibility of the server owner. The backup script can be set up to generate a daily email with results to assist Client in monitoring. For mission critical data, blueTech Hosting highly recommends higher quality off-server backup services than what an on-board backup drive can provide. Doing periodic local backups is also highly recommended and prudent business practice.


7.7 UCE / Spam

The abuse and misuse of e-mail is a serious problem, and blueTech Hosting cannot and will not tolerate it. This policy covers all servers and domains on our network, including but not limited to Virtual Shared, Bulk Reseller, VPS, Dedicated servers.

7.7.A Definition of UCE (Unsolicited Commercial E-mail), or spam:

¡ The bulk UCE, promotional material, or other forms of solicitation sent via e-mail that advertise any IP address belonging to blueTech Hosting or any URL (domain) that is hosted by blueTech Hosting.

¡ Unsolicited postings to newsgroups advertising any IP or URL hosted by blueTech Hosting.

¡ The use of web pages set up on ISPs that allow spamming (also known as "ghost sites") that directly or indirectly reference customers to domains or IP addresses hosted by blueTech Hosting.

¡ Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate a means to spam.

¡ Forging or misrepresenting message headers, whether in whole or in part, to mask the true

7.7.B Consequences/ Penalties for Spamming:

blueTech Hosting reserves the right to terminate, without warning, any account that violates this policy. Usage of blueTech Hosting services constitutes acceptance and understanding of this policy.

7.8 Adult Content

BlueTech Hosting has been forced to create its no adult sites policy for its customers and resellers and server users, including but not limited to direct customers, resellers and resold accounts.

¡ Any site whose revenue is gained in part or whole from its adult content.

¡ Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.

¡ Hyperlinks to adult sites, including but not limited to sites who violate these policies.

¡ Sites that have discussion boards and share information that is 'adult' in nature.

¡Sites that sell or promote 'adult' material, including but not limited to adult toys.

¡BlueTech Hosting reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related".

7.9 SHARED SERVER RESOURCE ABUSE

blueTech Hosting allows CGI, PHP, Perl and many other normal processes used for hosting to be used on all shared Servers. These processes can be resource intensive however, and because a Virtual Server must be shared with other users, we must limit how much of the CPU, memory, disk I/O, disk space and database use can be used by any one account on a shared server. Therefore any program (application, script, etc.) or usage that consumes too many resources that impacts other customers in either performance or reliability is considered resource abuse. Shared servers are 'shared' and we all need to play fair. In the event a user requires more resources than is acceptable on a shared server environment, a dedicated solution, such as our VPS, dedicated or colocation services are recommended.

¡ What does blueTech Hosting consider "System Resource ABUSE"?

Any site whose traffic, programs and/or processes are using excessive amounts of system resources. Excessive amounts is defined as any amount that results in substantial degradation of server performance. blueTech Hosting is the sole determinant of what constitutes degraded server performance.


¡ Flat File database driven forums

¡ Background Running Processes

¡ Cron Job discretion

¡ Mailing Lists

¡Programming scripts that consumes excessive system resources more then designated server performance.

¡ Mailing Lists

7.10 ILLEGAL ACTIVITIES

Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

7.11 BAN ON EXPLOITABLE SCRIPTS
Target Audience: Dedicated, VPS, Resellers and Shared Hosting customers.

Commonly used scripts are frequently exploited to allow unauthorized access to the systems they are running on. Others just require more resources than is allocated on a shared server environment.

Consequently, in order to keep blueTech Hosting network and servers safe, we may need to take actions that inconvenience our good customers. Any time we find scripts or other commonly used tools that can become easily compromised or impact other users by using too many server resources, we may need to disable scripts or other tools installed and used by our customers.

Whenever possible, we will notify our customers in advance. We will also attempt to keep this page updated with current scripts, which will require removal from our shared servers and/or our network.

This list includes script/program names, reason for ban, who/what servers they are banned on (e.g. our Shared or Network wide) and provide alternative options for our customers whenever possible.

Banned scripts and alternatives:

¡ What happens if I violate this policy?

All accounts that are found to be using excessive amounts of system resources will receive an e-mail warning from blueTech Hosting. This warning will inform you that the site is using excessive system resources. blueTech Hosting will provide options for reducing the usage and/or upgrading your account. If the situation is severe, we may suspend the account or process immediately to bring performance of the server back to an acceptable level. 24 hours notice will be given if at all possible.

7.12 COPYRIGHT INFRINGEMENT / INTELLECTUAL PROPERTY

Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. BlueTech Hosting is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement.

In addition to this, following illegal activities will be banned on blueTech Hosting services:

¡ Illegal or Unauthorized Access to Other Computers or Networks
¡ Forging of Headers
¡ Export Control Violations


7.13 MISCELLANEOUS AND OTHER ACTIVITIES

Other specific activities that are against our Acceptable Use Policy include the following:

¡ Defamatory or Abusive Language
¡ Usenet Group postings that violates our TOS
¡ Facilitating a Violation of our TOS
¡ Other activities blueTech Hosting determines to be harmful