Revision date: Dec 8, 2014
As a provider of web site hosting and other Internet-related services, Catalyst Host offers its customer (also known as “Subscribers”) and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Catalyst Host respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Catalyst Host reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Catalyst Host 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 using Catalyst Host’ services. This AUP will be revised from time to time.
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 it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Catalyst Host cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber 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 may be sexually explicit or otherwise offensive. Because Catalyst Host cannot monitor or censor the Internet, and will not attempt to do so, Catalyst Host cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must keep in mind that Catalyst Host does not review, edit, censor or take responsibility for any information its subscribers may create. 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 created is carried over Catalyst Host’ network and may reach a large number of people, including both subscribers and non-subscribers of Catalyst Host, subscribers’ postings to the Internet may affect other subscribers and may affect Catalyst Host’ goodwill, business, reputation or operations. For these reasons, subscribers violate Catalyst Host policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Catalyst Host, but also because it can overload Catalyst Host’ network and disrupt service to Catalyst Host’ subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Catalyst Host will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore Catalyst Host reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should Catalyst Host choose to pursue and prosecute.
Audio/Video Streaming (SHARED HOSTING ONLY):
Audio/Video Streaming is not hosting friendly on a shared server. As such, Catalyst Host does not allow excessive streaming of audio or video content. Offending accounts will be suspended without noticed or terminated. If you are not certain if your streaming practices qualify as excessive, please contact Catalyst Host through our client panel.
You may not use our services to host game servers without permission. Please contact us to make sure we are able to host your server without causing performance issues for clients sharing the disk volume and CPU.
Adult-Oriented Content: (SHARED HOSTING ONLY)
Catalyst Host does not allow adult content and will suspend/terminate any offending account.
Catalyst Host does not allow tor relays or tor exit nodes on our VPS services. If you are interested in hosting either, you can ask us about a dedicated server.
Large File Policy (SHARED HOSTING ONLY):
Catalyst Host is not for file hosting and distribution – as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. Exceptions will be made on a case by case basis. If you are unsure whether your file is against this policy, please e-mail email@example.com.
Obscene Speech or Materials:
Using Catalyst Host’ network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Catalyst Host is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
Defamatory or Abusive Language:
Using Catalyst Host’ network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.
Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.
Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.
Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside the United States.
Catalyst Host reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.
Engaging in activities, whether lawful or unlawful, that Catalyst Host determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Catalyst Host will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with Catalyst Host’ policy or applicable law. However, when Catalyst Host becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Catalyst Host.
Catalyst Host is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Catalyst Host’ facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Catalyst Host does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Catalyst Host reserves the right to directly take action against a customer of its subscribers. Also, Catalyst Host may take action against the Catalyst Host’ subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Catalyst Host anticipates that subscribers who offer Internet services will cooperate with Catalyst Host in any corrective or preventive action that Catalyst Host deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Catalyst Host policy.
Catalyst Host will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Catalyst Host may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Catalyst Host may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Catalyst Host will verify the authority of any legal entity requesting subscriber information prior to complying with any legal requests. Catalyst Host assumes no obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Catalyst Host may disclose subscriber information or information transmitted over its network where necessary to protect Catalyst Host and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Catalyst Host will never sell information to other services or outside companies.
Catalyst Host expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber’s failure to comply with those laws will violate Catalyst Host policy. Finally, Catalyst Host wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Catalyst Host for any violation of the Service Agreement, law or Catalyst Host policy resulting in loss to Catalyst Host or the bringing of any claim against Catalyst Host by any third party. This means that, if Catalyst Host is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will be responsible for payment of any damages awarded against Catalyst Host, plus costs and reasonable attorney’s fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including Catalyst Host and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent to firstname.lastname@example.org.