Please review our Acceptable Use Policy below. You are responsible for abiding by the rules set forth in these paragraphs. Any violation of the terms set forth below may result in immediate suspension and/or termination of all services currently being provided with no eligibility for refund whatsoever. Datavend Web Hosting is the sole arbiter in determining policy violation.

Datavend Web Hosting, the Web Hosting Provider ("WHP") employs a number of policies governing the usage of our services collectively known as the ("Services Agreement"). The services agreement is enacted when you complete our online account activation. Once your account is activated, the services agreement, now binding, is in place and in effect represents the policies and the business conducted between the customer and the WHP.

This Acceptable Use Policy (“AUP”) is part of the services agreement and represents your rights and obligations -- and ours -- in connection with your use of the Internet.


The fundamental fact about the Internet is that no one --neither us, nor anyone else -- owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When customers obtain information through the Internet, they must keep in mind that we cannot monitor, verify, warrant or vouch for the accuracy and quality of the information that customers may acquire. For this reason, the customer must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because we cannot monitor and censor the Internet, and will not attempt to do so, we cannot accept any responsibility for injury to our customers that results from inaccurate, unsuitable or offensive Internet communications.

When customers disseminate information through the Internet, they also must keep in mind that we do not review, edit, censor or take responsibility for any information our customers may create. This places on customers what will be, for most, an unfamiliar responsibility. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information they create is carried over our facilities and may reach a large number of people, including both customers and non-customers of ours, customers' postings to the Internet may affect other customers and may harm our goodwill, business reputation and operations. For these reasons, customers violate our AUP and the Services Agreement when they, their affiliates or subsidiaries engage in the following activities:

Adult Sites/Unacceptable Content -- Pornography and pornographic related merchandising are prohibited under all Datavend services. This includes sites that include links to pornographic content elsewhere. Further examples of unacceptable content or links include pirated software, "cracker" programs, and archives of "Warez Sites", game rooms or MUDs, IRC Bots, Egg Drop programs, any kind of illegal software or shareware. In addition sites offering online gambling, casino functionality, sports book betting (including offshore), and Internet lotteries are prohibited.

Copyright Violation -- Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer, and can involve the WHP in litigation and possible loss of reputation. Posting any copy written content without prior permission from the creator would be a violation of our AUP. Materials of your own creation can be published on your site barring exemption from violating other AUP policies.

Customer Support -- Datavend promotes a mutually professional relationship with its customers. Obscene, abusive, threatening or otherwise harassing communications with agents of the WHP, via telephone, email, online chat or other means will result in immediate account termination not withstanding any other terms of this agreement.

Defamation -- Defamatory speech distributed over the Internet can result in civil liability for the defamer and litigation against the WHP whose facilities were used to distribute the defamatory material.

Distribution and/or Transmission of Obscene or Indecent Speech or Materials -- Violation of indecency and obscenity laws can result in criminal penalties.

Distribution of Internet Viruses, Worms, Trojan Horses and Other Destructive Activities -- Distribution of Internet viruses, worms, Trojan horses and other destructive activities, such as hacking, can result in serious civil and or criminal liability under federal and state law.

DNS Transfers -- All customer accounts are setup with the understanding that the Customer will transfer authoritative DNS control of the Domain hosted with us, i.e., Datavend requires the Customer to update the Domain Name registration of any Domain hosted to the appropriate nameservers. Datavend does not provide extended access to its network through non-authoritative DNS means for any purpose other than initial account setup. Third-level Domains are provided for 30 days after account creation and may not be used as a primary means of access to an assigned Web space.

Export Control Violations -- The law limits the ability of persons to export encryption software, over the Internet or otherwise, to points outside the United States.

Illegal/Unauthorized Access to Other Computers or Networks -- The illegal or unauthorized accessing (often known as "hacking") of computers or networks carries potential civil and criminal penalties under both federal laws and the laws of most states.

Image Holding -- The WHP services are not to be used as a software/image holder. This means you cannot use your account to store images that are pulled from another Web site. An example of this would be storing images to be pulled from an eBay auction site.

Software/Script Support -- Customer acknowledges that Datavend cannot provide technical support for any software and/or script that the Customer installs, other than variable name changes. Customer also acknowledges that Datavend does not supply technical support for Microsoft FrontPage, other than Web publishing. Datavend supplies technical support for web hosting issues only. Datavend shall be the sole arbiter as to what constitutes a "web hosting" issue.

Spamming -- Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site or distributing, advertising or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or spam.

It is contrary to Datavend Web Hosting policy for customers to use our servers to effect or participate in any of the following activities:

To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list;

To send unsolicited mass e-mailings, if such unsolicited e-mailings provoke complaints from the recipients;

To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a Datavend Web Hosting provided server, or using a Datavend Web Hosting provided server as a maildrop for responses;

To falsify user information provided to Datavend Web Hosting or to other users of the service in connection with use of a Datavend Web Hosting service.

When Datavend Web Hosting becomes aware of an alleged violation of its Acceptable Use Policy, Datavend Web Hosting will initiate an investigation (within 24-48 hours). During the investigation Datavend Web Hosting may restrict Customer 's access in order to prevent further possible unauthorized activity. If the Customer is found in violation of our SPAM policy, Datavend Web Hosting may, at its sole discretion, restrict, suspend, or terminate Customer's account and/or pursue other civil remedies. Also, Datavend Web Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. If such violation is a criminal offense, Datavend Web Hosting will notify the appropriate law enforcement department of such violation.

Datavend Web Hosting does not issue service credits for any outages incurred through service disablement resulting from Policy violations.

The Customer shall be held liable for any and all costs incurred by Datavend Web Hosting as a result of the customer's violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. Violations will result in hefty fines upwards of $350.00 U.S. and immediate termination of the customer’s account. Each subsequent violation thereafter will result in fines of $500.00 U.S. and immediate termination of the customer’s account. The Customer who violates this policy agrees to also pay Investigation Fees of no more than $125 U.S. per hour that Datavend Web Hosting personnel must spend to investigate any violations.

Network/Server Resources -- Datavend Web Hosting provides each customer with a specific amount of resources to use with their services. Additional Resources – Resources beyond your plans free allowances can be reserved and purchased in units via your control panel thereby increasing the total amount of resources available to you. A recurrent (monthly) fee is charged for all units reserved beyond your plans free allowance. Overage fees are $5GB for bandwidth and $1MB for disk space and are charged on all overages. Overage fees apply to units used in excess of your available resources and are charged monthly. IP Addresses, Hosted Domains, Urchin and ColdFusion licenses are examples of additional services that can be purchased and are charged monthly/per domain name.

Other Activities, whether lawful or unlawful, that we determine to be harmful to our customers, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the service or the Internet will be a violation of this agreement.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the customer. We will not, as an ordinary practice, monitor the communications of our customers to ensure that they comply with our policy or applicable law. When we become aware of harmful communications, however, we may take any of a variety of actions. We may remove information that violates our policies, implement screening software designed to block offending transmissions, or take any other action we deem appropriate, including termination of a customer's contract with us.

We also are aware that many of our customers are, themselves, providers of web hosting services, and that information reaching our facilities from those customers may have been originated by customers of those customers or other third parties. We do not require our customers who offer web hosting services to monitor or censor transmissions created by customers of its customers. At the same time, customers who knowingly transmit materials that violate law or our policy are, themselves, in violation of our policy. Similarly, we anticipate that customers who offer web hosting services will cooperate with us in any corrective action that we deem necessary, in order to correct and prevent the transmission of material that is harmful to us or our customers. Failure to cooperate with such corrective and preventive measures is a violation of our policy.

We also are concerned with the privacy of on-line communications. In general, the Internet is neither more nor less secure than other common communications media, including mail, facsimile and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, we urge our customers to assume that all of their on-line communications are insecure.

We cannot take any responsibility for the security of communications transmitted over our facilities. We will comply fully, however, with all applicable laws concerning the privacy of our customers' on-line communications. In particular, we will not intentionally monitor or disclose any private electronic mail messages sent or received by our customers unless required to do so by law. We may, however, monitor our service electronically to determine that our facilities are operating satisfactorily. Also, we may be required to disclose information transmitted through our facilities in order to comply with court orders, statutes, regulations or governmental requests. Finally, we may disclose information transmitted over our facilities where necessary to protect us and our customers from harm, or where such disclosure is necessary to the proper operation of the system.

We are not responsible for loss of customer content due to server or hardware failure. We do, however, backup our systems daily, but cannot guarantee the content is up-to-date. It is the customer's responsibility to have a full backup of their site.

We expect that our customers who provide web hosting services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A customer's failure to comply with those laws will violate our policy. Finally, we wish to emphasize that in signing the Services Agreement, customers indemnify us for any violation of the customer of the Services Agreement, or of law or corporate policies that results in loss to us or the bringing of any claim against us. This means that if we are sued because of activities of the customer that violate any law, the Services Agreement or this policy (which is part of the Services Agreement), the customer will pay any damages awarded against us, plus costs and reasonable attorneys' fees.

We hope this Acceptable Use Policy Statement is helpful in clarifying the obligations of Internet users, including us and our customers, as responsible members of the Internet. We reserve the right to permanently discontinue service at any time, without notice, should you be found in violation of our aforementioned terms and conditions with no eligibility for refund whatsoever. Datavend Web Hosting is the sole arbiter in determining policy violation.

NOTE: You are not permitted to have any commercially available software, fixes, patches or electronic media (ex. MP3s, AVI, WAVE, etc.) for download on your site. We reserve the right - at any time, to terminate service if we find that you have violated this term. Additionally, should you be found to be in violation of any licensing agreements currently in place, we reserve the right to permanently terminate your service with no eligibility for refund whatsoever.

In English - no download sites!

Complaints about violators of our policies should be referred to noc@datavend.net. Each complaint will be investigated.