Acceptable Use Policy

General Summary
The following Acceptable Use Policy (AUP) will set forth general and specific information in regards to the use of ComfortHost.NET infrastructure. Infrastructure in this regard will consist of, but not be limited to, bandwidth, transport, servers, switches, IP address and any other equipment that will transmit, receive or otherwise be a vehicle of transmission of data of any sort. Further set forth in this document will be information about general acceptable and unacceptable use. It is the duty of all users of ComfortHost.NET offerings to read and thoroughly understand the information set forth in this document. We explicitly reserve the right to enforce this document and further reserve the right to add to, update, change, modify or otherwise deem at any given time, conduct unbecoming and act as we see fit.

Use Prohibited:
Child Pornography - Child Erotica
Federal child exploitation statutes set forth the illegality of possession, production, reception, transport or distribution of any sexually explicit depiction of children. Any user found to commit this type of abuse will have service suspended immediately until remedy or face service termination. Repeat offenders will be promptly terminated.

Illegal Use
Users may not transmit, retransmit or store materials in violation of any federal, state or local laws or regulations. Users may not abuse or fraudulently use products or services offered by ComfortHost.NET nor allow/permit such use by clients or third parties. This includes but is not limited to trademark infringement, defamation, indecency or obscenity.

Un-ethical Use
Mis-behaviour, use of software that harms other users either by overusing shared resources to a level where other clients are negatively impacted may lead to suspension of service: Typical cases of these are bitcoing mining, torrent servers, bots and spiders. Streaming, video, proxy sites may be allowed, with restrictions (e.g password protect proxies and ensure that streaming is ratelimited so that it does not peak to the total bandwidth, negatively impacting the rest of users). It is advised to ask beforehand on our helpdesk. Using or publishing contents that generate an ethical conflict with any other customer or legal organization, will be evaluated by Comforthost.NET management and could lead to suspension of service. An example are piramidal schemas, linking or pingback systems or SEO bots accessing other systems.

Network Filtering/Blocking
Users in violation of any provision set forth in this document may have content or traffic blocked or filtered as a remedy of abuse. Notification of such filtering/blocking likely will be sent to the user, however there is no guarantee that such notification will be sent. Filtering/blocking may be manual or automatic depending on the nature of the offense.

Adult Content Hosting (Pornography)
ComfortHost.NET believes in a clean business environment, as such, users are prohibited to store, forward, relay, produce, or engage in any form of pornography.  If you are unsure about your site content, please contact ComfortHost.NET through your Client Control Panel (http://panel.comforthost.net/)

Email - READ CAREFULLY
The sending of bulk mail is ONLY permitted AFTER Confirmed Opt-In has been verified by the Abuse Department. Starting such a mail campaign without the approval of ComfortHost.NET’s Abuse Department will result in service suspension until verification and approval has been made. Complaints generated in regards to bulk mail are immediately deemed as proof that the recipient did not request such emails and therefore is considered abuse. Prohibited:

• Spam. Sending Unsolicited Bulk Email (UBE) or Unsolicited Commercial Email (UCE) for any purpose whatsoever.
• Spamvertising. Having third parties send out UBE /UCE on any user's behalf to advertise URLs or any service on ComfortHost.NET’s network.

Users must configure any email server in such a way that it will not accept third party emails for forwarding such as an open relay. SMTP servers must be configured in such a way that any user must authenticate to send email. ComfortHost.NET’s Abuse Desk will not send/forward complaints to users for the purposes of listwashing. Should a user have received permission from ComfortHost.NET’s Abuse Desk to run a true "Confirmed Opt-in" campaign, complaints will be handled in such a fashion that the sender may remove the recipient from their list after they have proven to the Abuse Desk that the user did opt-in. Any approved campaign found to be operating using third party "bought" lists where opt-in confirmation cannot provided, service will be suspended. Further, time stamps and IP addresses in a database with a recipient's mail address WILL NOT suffice as sufficient proof of Confirmed Opt-in. We will need to inspect the confirmation emails' headers to make sure @aol came from aol servers, etc. Recording a time stamp, email address and IP address is not Confirmed Opt-in.

DMCA -17 USC §512 "DMCA"
Violations of 17 USC §512 "DMCA" will be promptly handled by ComfortHost.NET by means of notification. After receiving notification of DMCA violation(s), ComfortHost.NET will act promptly to notify the infringer of the identified infringement. Should a user of ComfortHost.NET not respond to the notice of our Abuse Desk, the infringed material will be blocked, filtered or otherwise be suspended until the user complies. Notice of infringement should be sent to abuse [at] comforhost.net
Notification

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. As an electronic signature, ComfortHost.NET’s agent accepts facsimile/fax and digitized image of your signature attached to electronic mail.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. [Please include a URL such as http://... or ftp://... identifying the material or representative material. If possible specify any IDs, passwords, or other authorization required to access the material. Please specify date, time, and time zone from which the material was observed. Technicians may require time information in order to identify dynamically assigned internet locations.]
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Abuse
Hacking, cracking, distribution of viruses, fraudulent activities, network sabotage, pyramid schemes, phishing, and/or any conduct deemed illegal or unwanted shall be subject to suspension or termination. Users are responsible for the proper secure configuration of their services and are responsible for any damages caused by their neglect or exposure of vulnerabilities whether intentional or unintentional.
Recurring abuse complaints on resold services, shared servers or VPS servers will incur in an Administrative fee of 5$. Exceeding 3 different complaints on all services in one month is considered excessive.(Re-occurring complaints in one same IP after the case was closed will be counted as different complaints).
Abuse notifications are expected to be resolved by the customer within the below time frames. Failure to resolve the issue in the given time span will lead to service suspension. Note that a reactivation fee of 25$ may apply to your services after being suspended.

• phising: 8h resolution
  
• spam: 24h resolution
  
• security: 48h resolution
  

Comforthost provides FREE abuse resolution services to our customers. The customer should provide authorization to login to their server/VPS/account, and the needed access passwords and keep these update to us, so that Comforthost technician can suspend the individual VPS or shared account. Our technicians are trained to always suspend at the lowest level of granularity, so that the impact to the business is minimal.

Release of Liability
Ability to restrict conduct, communication or content which might violate this Acceptable Usage Policy prior to introduction to ComfortHost.NET’s network is not practical. ComfortHost.NET’s failure or overlook of any violation of this AUP does not constitute a waiver of ComfortHost.NET’s rights.

Remuneration
ComfortHost.NET users that violate this AUP or any provision herein may possibly incur fees in regards to clean-up or repair of any harmed devices, block listings, service interruptions, etc. Fees will be commensurate with the violation's severity.