We've developed this Acceptable Use Policy (AUP) to help our Customers understand their responsibilities when using our services. It explains our policies regarding activities that may be harmful to our Users or compromise the efficiency of our shared hosting environment.

We may take preventative or corrective action, at our discretion, in response to any of the activities described in this AUP, along with any activities that contradict the spirit of this AUP or the nature of the Internet as an open, efficient method of communicating and conducting business.

If you feel you have discovered a violation of any area of our AUP, please report it to:

Mission Web Hosting
Legal Department
2951 Satellite Blvd Ste 1218
Duluth, GA 30096
Email: abuse at mission-web-hosting dot com

A. General Information
As used herein the term “User” and “Customer” and “You” shall also include any and all users, Customers, subscribers, affiliates, resellers or others who:

• 1. Sign up for, use or obtain services or products from Mission Web or from any third party services or products of which are offered by or obtained through or in connection with Mission Web, or
• 2. Who visit the Web sites of Mission Web or of any such third party.

As a provider of Internet/World Wide Web access, Web site hosting, and other Internet-related services, Mission Web, offers Users, the means to acquire and disseminate a wealth of public, private, commercial, and noncommercial information. Mission Web respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Mission Web reserves the right to take certain preventative or corrective actions.

In order to protect these competing interests, Mission Web has developed this Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each User's respective service agreement and is intended as a guide to the User's rights and obligations when utilizing Mission Web’s services.

One important aspect of the Internet is that no one party 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 from, and in the information they disseminate to others. Therefore, the User 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 Mission Web cannot monitor or censor the Internet, and will not attempt to do so, Mission Web cannot and does not accept any responsibility for injury to its Users or others that results from inaccurate, unsuitable, offensive, or illegal Internet communications. When Users or others disseminate information through the Internet, they also must keep in mind that Mission Web does not review, edit, censor, or take responsibility for any information its users, customers, subscribers or others may create.

Mission Web does not host competitor sites or web pages promoting sites of its competitors.

B. Scope
This AUP governs the usage of products and services of Mission Web or of any third party which are subscribed to or obtained through Mission Web (the "Services"). This AUP is incorporated by reference into each contract Mission Web or any such third party enters into with a User for the use of such Services. Mission Web may modify this AUP at any time without notice. In addition, this AUP is incorporated by reference into the Terms of Service applicable to the Web site of Mission Web so that no person who utilizes the Web site or services of Mission Web (regardless of whether that person is a User) may take any action utilizing the web site of Mission Web that a User would be prohibited to take utilizing the Services.

C. Purpose
The purpose of this AUP is to enhance the quality of the Services and to protect Users, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This AUP applies to each User. Each User should use common sense and good judgment in connection with the Services. Parents or guardians should always supervise minors in using the Internet. Parents and guardians should remain aware at all times of what is on the Internet and how the minors under their care are using the Services and the Internet.

D. Account Ownership
Mission Web is only responsible to the present owner of the web hosting space. We verify ownership by credit card number (if paid for by credit card), name, address, email address, user name, & password. If you give this account information to any other party, you risk having your web site and any other information on your account changed and/or deleted. We are not responsible for any information on your account should you reveal this information to another party who causes damage to your account and/or web site.

It is your responsibility to maintain current contact and address information with our services and to maintain a valid email address that delivers or redirects mail from our services to the person responsible for your user/subscriber account.

E. Prohibited Uses
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 Mission Web’s network and may reach a large number of people, including both clients and non-clients of Mission Web, Users postings to the Internet may affect other Users and may harm Mission Web’s goodwill, business reputation, and operations. For these reasons, Users violate Mission Web policy and the service agreement when they, their Users, customers, affiliates, or subsidiaries engage in the following prohibited activities:

• 1. Spamming
• 2. Intellectual Property Violations
• 3. Adult Material
• 4. Defamatory or Abusive Language
• 5. Forging of Headers
• 6. Illegal or Unauthorized Access to Other Computers or Networks
• 7. Background Running Programs
• 8. Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activity
• 9. Facilitating a Violation of this AUP
• 10. Export Control Violations
• 11. Usenet Groups
• 12. Other Illegal Activities
• 13. Other Activities

Users may not:

• 1. Utilize the services to be the source, intermediary or the destination address involved in the transmission of any UCE (Unsolicited Commercial Email, also known as "SPAM" or "Spamming"), email bombs, hate-mail or any mass email campaign not related to the Users web site over the Internet. Your email account may not be referenced as originator, intermediary or reply-to address of any such email. Refer to the Mission Web Anti-SPAM Policy, which is included as part of the Terms of Service document by reference.
• 2. Utilize the Services in connection with any illegal activity or activity otherwise prohibited by this AUP. Without limiting the general application of this rule, Users may not:
  • a. Utilize the Services for or in connection with any activities or content determined by Mission Web, in its sole discretion, to be related to gambling, adult, obscene or pornographic materials or content, harassment, defamation, libel and hate speech or other offensive speech or content. This includes sites that may only infer sexual content, or links to adult content elsewhere.; or
  • b. for any unlawful purpose, including without limitation, fraud, money laundering, child pornography, terrorist-related activities, activities in violation of U.S. export or import laws, any executive orders, or any rules, regulations or orders issued by Office of Foreign Asset Controls ("OFAC"), infringement on rights of others, trafficking in illegal drugs, or any products or services that are prohibited under applicable law, or which Mission Web determines to be controversial or disruptive to the operations of Mission Web or any other User or third party;
  
  
• 3. Utilize the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;
• 4. Utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;
• 5. Utilize the Services to export encryption software to points outside the United States in violation of applicable export control laws;
• 6. Utilize the Services to forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message; or
• 7. Utilize the Services in any manner that violates applicable law.
• 8. Utilize the Services in connection with any tortious or actionable activity. Without limiting the general application of this rule, Users may not:
  • a. Utilize the Services to publish or disseminate information that:
    • i. constitutes slander, libel or defamation,
    • ii. publicizes the personal information or likeness of a person without that person's consent, or
    • iii. otherwise violates the privacy rights of any person.
  • b. Utilize the Services to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law.
  • c. Utilize the Services in connection with any other disruptive, controversial or abusive activity, as determined by Mission Web in its sole discretion. Without limiting the general application of this rule, Users may not:
    • i. Utilize the Services to cause denial of service attacks against Mission Web or other network hosts or Internet users or to otherwise degrade or impair the operation of Mission Web’s servers and facilities or the servers and facilities of other network hosts or Internet users; or
    • ii. Post messages or software programs that consume excessive CPU time, or storage space, or network bandwidth; or
    • iii. Utilize the Services to offer mail services, mail forwarding capabilities, POP accounts or auto responders other than for the User's own account; or
    • iv. Resell or allow access to or use of, any of our Services except as and only to the extent permitted in one of our authorized Reseller programs. Further, by way of expansion and not by limitation, you may not store files or other data of third parties on our servers; or
    • v. Utilize the Services to subvert, or assist others in subverting, the security or integrity of any Mission Web systems, facilities or equipment; or
    • vi. Utilize the Services to gain unauthorized access to the computer networks of Mission Web or any other person; or
    • vii. Utilize the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code; or
    • viii. Utilize the Services to:
      • 1. forge the signature or other identifying mark or code of any other person, or
      • 2. impersonate or assume the identity or any other person, or
      • 3. engage in any other activity (including "spoofing") to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames);
• 9. Utilize the Services to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services; or
• 10. Utilize the Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator); or
• 11. Utilize the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial email or Spam; or
• 12. Utilize the Services to solicit or collect, or distribute, advertise or promote, email address lists for the purpose of encouraging or facilitating unsolicited commercial email or Spam; or
• 13. Utilize the Services in any manner that might subject Mission Web to unfavorable regulatory, law enforcement or other legal action, subject Mission Web to any liability for any reason, or adversely affect Mission Web’s public image, reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by Mission Web in its sole discretion;
• 14. While on a shared hosting platform, utilize, operate, enable, execute, compile, upload or publicly store source code, executable code, programs, or software packages designed to perform tasks not directly associated with Web site/email hosting, including, without limitation,
  • a. directly opening any listening port,
  • b. starting any 'daemon' process,
  • c. performing local/remote security scans,
  • d. simulating local shell/OS access by means of a tunneled/encapsulated connection to a remote host,
  • e. circumventing firewall restrictions,
  • f. connecting to any IRC/Peer to Peer file sharing server/network,
  • g. providing 'tracker' services to 'BitTorrent' clients and/or
  • h. exploiting web browser vulnerabilities, as determined by Mission Web in its sole discretion; or
• 15. Utilize the Services in any manner that promotes any illegal activity or present content that may be damaging to Mission Web servers or any other server on the internet. Links to such materials are also prohibited. Mission Web will be the sole arbiter as to what constitutes a violation of this provision as determined by Mission Web in its sole discretion. Without limiting the general application of this rule, this includes:
  • a. Pirated software
  • b. Hacker programs or archives
  • c. Warez sites
  • d. Pornography or Adult Material
  • e. Emulator or Copy Cat sites
  • f. Scam Sites (ex: Ebay/Paypal, CC/Password Scam sites)
  • g. Hate sites
  • h. IRC Bots
  • j. Proxies
  • k. Mail bombers or any sort of SPAM sites
• 16. Attempt to attack, disrupt, or abuse the support and contact related mechanisms of Mission Web, including, but not limited to, telephone lines, email addresses, fax lines, bulletin boards or contact/sign up forms; or
• 17. Utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons.
• 18.Email Policy: Email accounts should be kept to a minimum. If your email account becomes greater than 10 MB, Mission Web reserves the right to move the email to another server and/or delete it after 30 days. The owner of the email account will be contacted before we move the mail. If your mail has been moved please contact Mission Web Tech Support via email: support at mission-web-hosting dot com to correct the situation before the emails are deleted.
  
  Normally for most accounts, email is typically accessed on a regular basis using an email client such as Thunderbird, Safari, Eudora or Outlook Express. Web mail access will allow user to read, save or send emails through the client web browser. This will not however, remove the emails from the server; the emails will continue to accumulate until an email client from your computer is used to access the account, or the emails are deleted manually form the server (using web mail).
  
  Mission Web accepts no responsibility for viruses that may be transmitted to you via email, ftp, http or any other means of electronic transfer. Mission Web does provide basic virus scanning on its servers. Mission Web cannot prevent the transmission of viruses to your computer system via the Internet. Although Mission Web does offer and make available to our clients and customers, antivirus software that can be installed on your local workstation, it is the responsibility of the User to ensure they have Virus Software installed on your local workstation, and that it is updated regularly.
• 19. CGI Scripts Policy: Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish that is included in you plan, however we reserve the right to disable any CGI script that effect normal server operation or service to other Mission Web customers. For the protection of all our customers, we also reserve the right to discontinue service to those customers who continue to run scripts that effect normal server operation. Reference is made to the full CGI Scripts Policy, which is incorporated into the Terms of Service.
• 20. Sub-hosting Policy: Mission Web allows the hosting of multiple web sites on our shared services per the following guidelines. The number of sites is restricted based on the type of shared hosting plan purchased. Check our Compare Plans page to see how many sites are allotted to a particular plan. Additional sites share the transfer, disk space, email, and mySQL allotments granted the initial plan. Only 1 control panel is provided. Subdomains (of the form "subdomain.domain.com") are considered additional sites and deduct from the available site total in the same manner as completely separate domains.
• 21. Traffic Policy: Mission Web provisions very generous traffic limits that 99% of sites never reach, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. Mission Web customers are discouraged from storing any files that cause excessive traffic on Mission Web servers. Please contact Mission Web Technical Support (helpdesk at mission-web-hosting dot com) team for more information.
  
  We reserve the right to charge additional fees for sites that exceed our generous traffic limits. Sites that exceed their traffic limits will be suspended without prior notification if they do not purchase add-on traffic packages.
• 22. Backups: Backups are kept no longer than prior 2 weeks. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content and any information on their account including but not limited to clients web site, email, databases, mailing lists, and archives. The "Backup Manager" is included in each hosting plan and the client can use this tool to back up their files. If loss of data occurs due to an error of Mission Web, we will attempt to recover the data at no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, Mission Web will attempt to recover the data from the most recent archive for a fee.
• 23. Accounts that are five (5) days past due can be automatically suspended. All past due and unpaid balances are subject to collection, and will be referred for collection when thirty (30) days past due. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees.
• 24. Promotion discounts, such as free domains, will be charged at the full listed domain purchase rate if an account is cancelled before the promotional period ends.
  
  If a domain name is included in the Service Description for your account, Mission Web will suspend the cost to you, to use a domain name (of your choosing if available). It will remain free as long as you are a client of Mission Web. Free domains will be charged at the full listed domain purchase rate if an account is cancelled.

F. Violations

• 1. Disclaimer - Mission Web expressly disclaims any obligation to and does not monitor its Users or other users with respect to violations of this AUP. Mission Web has no liability or responsibility for the actions of any of its Users or other Users or any content any User may post on any Web site.
  
  The subscriber agrees to indemnify and hold harmless Mission Web from any claims resulting from the use of the service which damages the subscriber or any other party.
• 2. Reporting Non-Copyright Violations - Mission Web encourages Users to report violations of this policy by email to: abuse at mission-web-hosting dot com, including in any such report the name of the offending domain (for example, xyz.com) and the type of abuse (for example, Spam, illegal acts, harassment, etc.) in the "subject" field of the email.
• 3. Reporting Copyright Violations - Mission Web complies with the Digital Millennium Copyright Act ("DMCA"). Mission Web encourages Users to report an alleged copyright infringement involving a user by sending a notice that complies with the DMCA which information is located under the DMCA Policy of this Web site.
• 4. Remedies - If Mission Web learns of a violation of this AUP, Mission Web will respond to the applicable User and may, in Mission Web’s sole discretion, take any or all of the following actions, with or without notice as it deems necessary or appropriate in accordance with the severity and duration of the violation:
  • a. Warning the User: and/or
  • b. Suspending the offending User from the Services; and/or
  • c. Terminating or canceling, or disconnecting the offending User from, the Services; and/or
  • d. Imposing fees or charges on the offending User account in accordance with the applicable service contract; and/or
  • e. Removing the offending content; and/or
  • f. Taking other action in accordance with this AUP, the applicable service contract or applicable law.

G. Bandwidth and Other Resources
A virtual server is a shared environment where many of these virtual servers reside on each particular machine. With the smaller adult sites getting around 5 GB of transfer per day, our servers would be severely slowed if we allowed these high traffic sites to also reside on our servers. We strive to keep our servers fast and inexpensive, and our bandwidth clear; therefore, adult sites are not an option.

Mission Web, in its sole discretion, reserves the right to decide what it considers to be related to "adult content", "adult material", "sexually explicit", or "sexually related". Let us know if you are unsure of the approval of your site before placing an order. A suggestion would be to engage the services of one of our sister web sites that is approved for this type of content or activity.

Trademark Information The Mission Web logo is a trademark of Mission Web. The User agrees not to display or use in any manner, the Mission Web mark without the prior written permission from Mission Web.

H. Reservation of Rights
Mission Web reserves the right to cooperate with and provide any and all User information and data to appropriate legal authorities in investigations or reporting of claims of illegal activity involving Mission Web’s Services. Mission Web reserves all other rights to respond to violations of this AUP to the extent of applicable law and in accordance with any applicable contractual obligations.

Mission Web may utilize technical means to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions and otherwise to enforce this AUP and each User agrees that Mission Web is authorized to monitor its communications through Mission Web’s network for such purposes.

I. Special Admonition
Our services are provided for informational purposes only, and NO CONTENT TRANSMITTED THROUGH OUR SERVICES is intended for trading or investing purposes. Mission Web and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via our services, and shall not be responsible or liable for any trading or investment decisions made based on such information.

J. Changes
To meet the changing needs of our Users, our business, and the Internet environment, Mission Web Hosting reserves the right to change this User Agreement at any time. Be advised to check this page frequently. A User's use of Mission Web’s services after changes to the User Agreement are posted under the Terms of Service section on Mission Web’s web site, will constitute the User's acceptance of any new or additional terms of the User Agreement that result from those changes.