Web-Hosters.com is a division of and known jointly as ComCity LLC, a Texas Limited Liability Company.
THIS CONTINUATION OF THE ACCEPTABLE USE POLICY CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND COMCITY, a provider of hosting and electronic commerce SALESCART SOFTWARE, and services (“Services”).
You will violate this Policy if you engage in the following examples of prohibited activities while using our Services:
i) Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”)
ii) Maintaining an open SMTP relay that refences or affects any customer, services, or website on our network.
Bulk or Commercial E-Mail
You must comply with the CAN-SPAM Act of 2003 and other laws and regulations applicable to bulk or commercial e-mail. In addition, you must obtain Web-Hosters’ advance approval for any bulk e-mail, which will not be given unless you are able to demonstrate all of the following to Web-Hosters’ reasonable satisfaction:
o Your intended recipients have given their consent to receive e-mail via some affirmative means, such as a confirmed opt-in procedure;
o Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given. A bulk mail campaign will not be allowed unless examples of these records can be produced.
o You retain evidence of the recipient’s consent in a form that may be promptly produced on request, and you honor recipient’s and Web-Hosters’ requests to produce consent evidence within 72 hours of receipt of the request.
o You have procedures in place that allow a recipient to revoke their consent – such as a link in the body of the e-mail, or instructions to reply with the word “Remove” in the subject line; you honor revocations of consent within 48 hours, and you notify recipients that the revocation of their consent will be implemented in 48 hours;
o You must post an e-mail address for complaints (such as firstname.lastname@example.org) in a conspicuous place on any Web site associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
o You have the means to track anonymous complaints; and
o You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the “TO” line of the e-mail.
We do not allow obfuscation of any content in bulk mail campaigns. This includes adding random data into the headers or body of the emails in attempts to bypass spam blocking mechanisms. We do not allow using random domain names completely unrelated to the content you are sending in an attempt to bypass domain blacklists.
The campaign would not be allowed if it violates the policies of the system or network that you are attempting to deliver your mail to.
These policies apply to messages sent using your Web-Hosters’ service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site or an e-mail address hosted via your. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers. These requirements apply to distribution lists prepared by third parties to the same extent as if the list were created by you.
We may test and otherwise monitor your compliance with its requirements, and may block the transmission of e-mail that violates these provisions without any further notice.
B. Facilitating a Violation of this Policy
i) Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Policy, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software
C. Infringing Intellectual Property Rights
i) Engaging in any activity that:
a. 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
b. violates privacy, publicity, or other personal rights of others
D. Obscene Speech or Materials
i) Using ComCity’s Services to advertise, transmit, store, post, display, or otherwise make available child pornography or other forms of pornography or obscene speech or material. ComCity shall notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through ComCity’s Services
E. Promoting Violence or Injury
i) Advocating, promoting or providing assistance in carrying out violence or any other unlawful activity against any persons, animals or any governments, businesses or other entities
ii) Describing or displaying a weapon, or parts of weapons, or manuals for assembling any weapon, including but not limited to firearms, ammunition, explosives, grenades, bombs and caustic or other dangerous substances
a) Promoting products or services that involve a significant risk of death or injury to any persons, or damage to business or other entities or property
F. Defamatory or Abusive Language
i) Using ComCity’s Services as a means to transmit or post defamatory, harassing, abusive, or threatening language
G. Forging of Headers
i) Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of a message, web page, or Internet content.
H. Illegal or Unauthorized Access to Other Computers or Networks
i) 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”)
ii) Engaging in any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity)
I. Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
i) Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks
ii) Engaging in 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
J. Export Control Violations
i) Selling, distributing, or advertising products, including exporting encryption software over the Internet or otherwise that are banned or controlled by US export regulartions to points outside Canada or the United States
K. Illegal Activities
i) 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
i) Engaging in or promoting gambling
M. Promoting Intoxicants
i) Displaying or promoting any type(s) of intoxicant, alcoholic beverage, cigarettes or illegal substance
N. Instructing others in Prohibited Activities
i) Providing instructions with respect to any activities listed in A through N above
O. Other Activities
i) Engaging in any other activity, whether lawful or unlawful, that ComCity in its sole discretion determines to be harmful to customers, operations, reputation, goodwill, or customer relations.
If you violate one or more of these acceptable use policies, we reserve the right to terminate service immediately and without prior notice.
If you believe one of our customers have violated this policy, you are invited to report the violation by fax, (Toll Free) Fax: 866-660-5431. Please provide us URLS or printed examples of any supporting documentation that you have. We will look into the matter and take appropriate action.
Policy Effective Date: 1/1/2015