This is Infinity Hosting Solutions' Acceptable Use Policy. This document contains information about what type of behavior is and is not allowed on the Infinity Hosting Solutions and Infinity Computer Systems, LLC Network. If you have any questions, please contact us.

Background
Customer Security Responsibilities
Compromised Servers
System And Network Security
Password Protection
Internet Etiquette
Copyright Infringement - Software Piracy Policy
Network Responsibility
Lawful Purpose
Child Pornography on the Internet
Unsolicited Commercial Email/Unsolicited Bulk Email UCE/UBE)
Guidelines for Permission-Based Email
IP Address Overlap
IRC
Backups
Billing
Suspension
Cancellation
Indemnification
Disclaimer of Responsibility

Infinity Hosting Solutions imposes rules and regulations regarding the use of its services. These rules and regulations are called Acceptable Use Policies (AUPs). Infinity Hosting Solutions reserves the right to modify the AUPs at any time, effective upon either the posting of the modified AUPs to this TOS/AUP URL or notification of the modified AUPs. By registering for and using the services, you agree to abide by the AUPs as modified from time to time. Any violation of the AUPs may result in the suspension or termination of your account or such other action as Infinity Hosting Solutions deems appropriate. An unlisted activity may also be a violation of the AUPs if it is illegal, irresponsible, or disruptive use of the Internet. No credits will be issued for any interruption in service resulting from policy violations.

VIOLATION OF ANY AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM INFINITY HOSTING SOLUTIONS. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS INFINITY HOSTING SOLUTIONS' POLICY TO TERMINATE REPEAT INFRINGERS. INFINITY HOSTING SOLUTIONS RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME.

The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer's server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach. The labor used to rectify any such damage is categorized as emergency security breach recovery and is currently charged at $250 USD per hour. Inquiries regarding security matters may be directed to Rob Spurlock at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

A compromised server is one that has been accessed or manipulated by any third party not authorized by the customer. As a compromised server is potentially disruptive to the Infinity Hosting Solutions network and to other Infinity Hosting Solutions customers, Infinity Hosting Solutions can not allow a compromised server to remain online for extended periods of time. Therefore, once Infinity Hosting Solutions has determined that a customer's server has been compromised and Infinity Hosting Solutions has generated a support ticket to notify the customer of the compromised server, the customer will have 24 hours from the time Infinity Hosting Solutions generates the support ticket to agree to one of the options offered by the Infinity Hosting Solutions support team. If there has been no response at the end of the 24 hour period or if the customer responds but does not agree to one of the options offered by the Infinity Hosting Solutions support team in the support ticket, the compromised server will be taken offline and all access to and use of such compromised server will be suspended. Customers will then have 5 days after the date of suspension of the compromised server to contact Infinity Hosting Solutions to resolve the issue. If the issue is not resolved to the satisfaction of Infinity Hosting Solutions after 5 days, the compromised server will be cancelled and removed permanently from our network. However, the 24 hour grace period does not apply to any compromised server that is actively attacking other networks or other Infinity Hosting Solutions customers. In these cases, Infinity Hosting Solutions will act to protect the integrity of its network and will suspend or permanently terminate access to and use of such compromised server immediately without prior notice to customer.

Violations of system or network security are prohibited, and may result in criminal and civil liability. Infinity Hosting Solutions may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
• Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
• Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
• Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.

Violators of the policy are responsible, without limitations, for the cost of labor to clean up and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Infinity Hosting Solutions. Such labor is categorized as emergency security breach recovery and is currently charged at $250 USD per hour required. Inquiries regarding security matters may be directed to Rob Spurlock at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Infinity Hosting Solutions is concerned with the privacy of online communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Infinity Hosting Solutions urges its customers to assume that all of their online communications are insecure. Infinity Hosting Solutions cannot take responsibility for the security of information transmitted over Infinity Hosting Solutions' facilities.

The customer is responsible for protecting customer's password and for any authorized or unauthorized use made of customer's password. The customer will not use or permit anyone to use Infinity Hosting Solutions' service to guess passwords or to access other systems or networks without authorization. Infinity Hosting Solutions will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.

The customer is expected to be familiar with and to practice good Internet etiquette (Netiquette). The customer will comply with the rules appropriate to any network to which Infinity Hosting Solutions may provide access. The customer should not post, transmit, or permit Internet access to information the customer desires to keep confidential. The customer is not permitted to post any material that is illegal, libelous, tortuous, indecently depicts children or is likely to result in retaliation against Infinity Hosting Solutions by offended users. Infinity Hosting Solutions reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.

The Infinity Hosting Solutions network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights.

Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. If caught with pirated software, you or your company may be liable under both civil and criminal law, and you could face fines or jail time.

In compliance with the Digital Millennium Copyright Act (the "DMCA"), please send DMCA notifications of claimed copyright infringements to: Mr. Robert Spurlock, Infinity Hosting Solutions, 2575 Willow Point Way, Suite 103, Knoxville, TN 37931 or by e-mail to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Infinity Hosting Solutions will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

Customers have a responsibility to use the Infinity Hosting Solutions network responsibly. Customers are expressly prohibited from using the Infinity Hosting Solutions network or services in such a way that adversely affects other Infinity Hosting Solutions customers or the Infinity Hosting Solutions network, and Infinity Hosting Solutions reserves the right to suspend, block individual services, or cancel service with any customer who Infinity Hosting Solutions determines in its sole discretion is in violation of such express prohibition. These prohibited uses include but are not limited to:

• Attacking or attempting to gain unauthorized access to servers and services that belong to Infinity Hosting Solutions, its customers, or to any other entity on the Internet (i.e. computer hacking).
• Engaging in any behavior or activity or taking any actions that directly or indirectly result in any server under customer's control being the target of a Denial of Service (DoS) attack.
• Directly or indirectly using the Infinity Hosting Solutions network, services or servers to launch DoS attacks.
• Participating in any other activity or behavior that results in reprisals that adversely affect the Infinity Hosting Solutions network or other customers' access to the Infinity Hosting Solutions network.

Customers that Infinity Hosting Solutions determines in its sole discretion to be in violation of the Infinity Hosting Solutions AUP, including, without limitation, the prohibitions set forth above, may be terminated and subject to additional fees or fines including, without limitation, any applicable reconnect fees. In addition, Infinity Hosting Solutions reserves the right to take such other actions that Infinity Hosting Solutions determines to be necessary to protect the Infinity Hosting Solutions network and/or other Infinity Hosting Solutions customers as a result of any violation of the Infinity Hosting Solutions AUP, including, without limitation, the prohibitions set forth above.

Infinity Hosting Solutions will react strongly to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include, but are not limited to, Phishing (tricking other people into releasing their passwords), Internet Scanning, password robbery, security hole scanning, port scanning, etc. Any unauthorized use of accounts or computers by a Infinity Hosting Solutions customer, whether or not the attacked account or computer belongs to Infinity Hosting Solutions, will result in severe action taken against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Any attempt to undermine or cause harm to a server or customer of Infinity Hosting Solutions is strictly prohibited. Violations of this policy may be reported directly to the FBI's Infrastructure Protection & Computer Intrusion Squad at http://www.fbi.gov/cyberinvest/computer_intrusions.htm. Infinity Hosting Solutions will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or AUP is prohibited. This includes, but is not limited to: copyrighted material or material protected by trade secret and other statute or dissemination of harmful or fraudulent content.

Using any Infinity Hosting Solutions service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law is prohibited.

Any conduct that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restriction in connection with use of Infinity Hosting Solutions services or products is prohibited. Using the Infinity Hosting Solutions network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited.

Servers hosted within Infinity Hosting Solutions network are open to the public. You are solely responsible for your usage of the Infinity Hosting Solutions network and servers and any statement you make on servers hosted within the Infinity Hosting Solutions network may be deemed "publication" of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libelous.

Infinity Hosting Solutions will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 or any more recently passed laws concerning child pornography. Customers are ultimately responsible for the actions of their clients over the Infinity Hosting Solutions network, and will be liable for illegal material posted by their clients.

According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.

Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT

Unsolicited commercial email (UCE) is defined by Infinity Hosting Solutions as any electronic communication (e-mail, ICQ, IRC, Instant Messenger, pop-up ads via Windows Messenger Service, etc...) sent for purposes of distributing commercial information of any kind, soliciting the purchase or sale of products or services or soliciting any transfer of funds to a recipient who has not agreed to receive such communication.

Unsolicited bulk e-mail (UBE) is defined by Infinity Hosting Solutions as any electronic communication (e-mail, ICQ, IRC, Instant Messenger, pop-up ads via Windows Messenger Service, etc...) to multiple recipients who have not agreed to receive such communication.

Use of the Infinity Hosting Solutions network, servers or services to transmit any unsolicited commercial or unsolicited bulk-e-mail is expressly prohibited, as is hosting web sites or services on a server which are advertised in any UCE/UBE. Infinity Hosting Solutions also prohibits the sending of any fraudulent, malicious, harassing, false or misleading electronic communications, including, without limitation, chain letters, pyramid schemes, or e-mails with forged headers. Posting off-topic advertisements to Usenet discussion groups, ICQ, Instant Messenger, etc., is also expressly prohibited. Additionally, Infinity Hosting Solutions customers are expressly prohibited from sending any UCE/UBE from our network or any email from another network that in any way references a document, image, or Web site that resides on the Infinity Hosting Solutions network or in one of our data centers. Violations of this type may result in the termination of the offending Infinity Hosting Solutions account. Our customers are ultimately responsible for any violations of the AUP by their clients, and any violation of the AUP by a client of a Infinity Hosting Solutions customer shall be deemed a violation of the AUP by such Infinity Hosting Solutions customer.

Customers whose actions directly or indirectly result in Infinity Hosting Solutions IP space being listed in any of the various abuse databases may be subject to having the offending domain(s), server(s), or user(s) immediately removed from our network. In addition, if Infinity Hosting Solutions in its sole discretion determines that a customer is in violation of our AUP, Infinity Hosting Solutions may, at its sole discretion, restrict, suspend or terminate a customer's account. Infinity Hosting Solutions will, in most cases, attempt to contact a customer prior to suspension or termination of a server(s), but can not guarantee prior notification. Any server suspended or terminated for AUP violations will be reconnected only after the customer agrees to cease all activities that violate the Infinity Hosting Solutions AUP and pays all applicable reconnect fees and related charges. Any server suspended a second time for AUP violations WILL be immediately and permanently removed from our network.

Customers that Infinity Hosting Solutions determines in its sole discretion to be in violation of the Infinity Hosting Solutions AUP may be subject to additional fees or fines including, without limitation, any applicable reconnect fees.

Violation of Infinity Hosting Solutions' UCE/UBE policy may be reported to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Customers seeking to send any permission-based email marketing should read Guidelines for Permission-Based Email to see our guidelines for sending this type of communication.

While Infinity Hosting Solutions prohibits the use of its systems or network to send unsolicited email (UCE/UBE) as described above, customers may send permission-based email marketing, subject to the guidelines provided herein. Permission-based marketing is defined as electronic marketing that an end user agrees to receive. This is often referred to as 'opt-in' electronic marketing. All recipient information for such marketing conducted by Infinity Hosting Solutions customers must be documented and cataloged by the customer. This information is to include date, time, originating IP and the location from which the email address or other recipient information was obtained. Additionally, a customer must at a minimum comply with the following guidelines, and any additional guidelines established by Infinity Hosting Solutions from time to time in its sole discretion, to engage in permission-based email marketing without violating the AUP:

1. All commercial or bulk email originating from a Infinity Hosting Solutions customer on the Infinity Hosting Solutions network must have a working unsubscribe link. The customer must honor all requests to unsubscribe within 72 hours. Additionally, there must be text in the email stating that while all requests to unsubscribe are honored, it may take up to 72 hours to process.

2. All commercial or bulk email originating from a Infinity Hosting Solutions customer on the Infinity Hosting Solutions network must clearly list the email address to which the email was originally sent (the intended recipient's email address) in the body of the message OR in the 'TO:' line of the email.

3. All Infinity Hosting Solutions customers sending commercial or bulk email must have a working abuse@ domain.com address from EVERY domain associated with the email campaign. Additionally, the abuse@ address must be prominently posted on the front page of the associated web site. Customers must regularly answer any messages sent to the abuse@ address.

4. All Infinity Hosting Solutions customers sending commercial or bulk email must register the abuse@ address for every domain associated with commercial email they send at abuse.net.

5. All Infinity Hosting Solutions customers sending commercial or bulk email must have a Privacy Policy/AUP posted for each domain associated with the email campaign.

6. All commercial or bulk email sent must include information about where the email address was obtained in the body of the email. For example:
"You opted-in to receive this email promotion from our web site or from one of our partner sites."

7. All Infinity Hosting Solutions customers sending commercial or bulk email must answer all complainants' requests for details regarding where the complainant "opted-in" to receive electronic marketing within 72 hours. This information must include the date, time, originating IP and the location from which the email address or other recipient information was obtained. Instructions on how to get this information must be stated clearly in the body of the email. For example, a statement similar to the following must be present in the body of the email:
"If you would like to learn more about how we received your email address, please contact us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it ."

Requests for "opt-in" information must be responded to within 72 hours.

8. All Infinity Hosting Solutions customers sending commercial or bulk email must be able to track and identify anonymous complainants. There are several software packages (such as RoboMail) that can help accomplish this.

9. If an Infinity Hosting Solutions customer is using an affiliate program to send commercial or bulk email through the Infinity Hosting Solutions network and the affiliate program becomes subject to repeated abuse by users, the customer must discontinue use of the affiliate program or be subject to immediate suspension or cancellation.

10. All customers of Infinity Hosting Solutions are required to have up-to-date and valid contact information on file with their registrar for any domain hosted on the Infinity Hosting Solutions network.

Disclaimer

· Infinity Hosting Solutions reserves the right to test portions of any customer's email list in response to complaints and request opt-in information from a random sample of that list at any time.
· Infinity Hosting Solutions reserves the right to determine in its sole discretion the validity of any customer's email list. Any list Infinity Hosting Solutions determines in its sole discretion to be in violation of this AUP must be removed immediately or the customer will be subject to immediate suspension or termination. Repeated violations will result in permanent suspension.
· Infinity Hosting Solutions reserves the right to test and otherwise monitor customer's compliance with the above guidelines and requirements at any time during the customer's term of service at Infinity Hosting Solutions.
· If Infinity Hosting Solutions determines in its sole discretion that the customer is not in strict compliance with the guidelines for permission-based e-mail marketing, then Infinity Hosting Solutions may immediately suspend or terminate the customer's service.

Infinity Hosting Solutions administers the network on which customer servers reside. The customer cannot use IP addresses which were not assigned to them by Infinity Hosting Solutions staff. Any server found using IPs which were not officially assigned will be suspended from network access until such time as the IP addresses overlap can be corrected.

Infinity Hosting Solutions allows the use of IRC inside the Infinity Hosting Solutions network as long as the use of IRC on a Infinity Hosting Solutions server does not violate any of the other terms of this AUP. As a policy, Infinity Hosting Solutions will not provide vanity IRC reverse DNS records. To enforce this policy Infinity Hosting Solutions does not turn the reverse address of IPs over to the customer. Authority over this information remains with Infinity Hosting Solutions.

Other than specifically contracted backup plans, Infinity Hosting Solutions will attempt to provide, on a regular schedule, backups of shared website hosting servers which will include customer websites. Should a server error occur at the fault of Infinity Hosting Solutions, either by human error or hardware error, Infinity Hosting Solutions will provide replacement hardware if required and provide restoration services onto Infinity Hosting Services equipment at no cost to the customer. Should a customer require a restore, at the fault of the customer or for relocation on another providers equipment, and the customer requires the services of Infinity Hosting Solutions, data restoration from the most recent, valid backup will be provided as quickly as the restore process allows for an hourly fee. Hourly fees for such labor will be posted on the Infinity Hosting Solutions website.

The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer's server or website to the Internet. The customer may request that the customer's server or website be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.

If Infinity Hosting Solutions in its sole discretion determines that a customer's server or website has become the source or target of any violation concerning the Infinity Hosting Solutions Acceptable Use Policy (AUP), Infinity Hosting Solutions reserves the right to suspend network access to that server or website. While Infinity Hosting Solutions will attempt to contact the customer before suspending network access to the customer's server or website, prior notification to the customer is not assured. In certain cases, Infinity Hosting Solutions will contact law enforcement and other agencies regarding these activities. Customers are responsible for all charges, as well as any fees relating to the investigation, suspension, administration and handling of their servers or sites before, during and after the suspension period.

Infinity Hosting Solutions reserves the right to cancel service at any time. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. All fees paid in advance of cancellation will be prorated and paid by Infinity Hosting Solutions if Infinity Hosting Solutions institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.).

Customers without contracts may Cancel their service at any time. Personal, Business, and E-Commerce Web hosting customers have 30 days from initial turn up to request a cancellation and expect a full refund. After the initial 30 days, no refunds will be given. Prepaid accounts will not be refunded after the initial 30 day period. Domain transfers and registrations will NOT be refunded in any circumstance. Domains cancelled may be transferred to another web host without penalty.

Customers with contacts must contact the Billing Department for terms of cancellation. The terms will be specified in each individual contract. Please reference your contract for cancellation information and instructions.

To request a cancellation, please contact the billing dept by e-mail or phone. Contact information is available HERE.

Infinity Hosting Solutions wishes to emphasize that in signing our Service Agreement or its equivalent, customer indemnifies Infinity Hosting Solutions for any violation of the Service Agreement or its equivalent, law or AUP that results in loss to Infinity Hosting Solutions or the bringing of any claim against Infinity Hosting Solutions by any third-party. This means that if Infinity Hosting Solutions is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Infinity Hosting Solutions, plus costs and reasonable attorney's fees.

Infinity Hosting Solutions is under no duty to look at each customer's or user's activities to determine if a violation of the AUPs has occurred, nor do we assume any responsibility through our AUPs to monitor or police Internet-related activities. Infinity Hosting Solutions disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person's or party's violation of this policy.

All Sub-Networks, resellers and managed servers of Infinity Hosting Solutions must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THESE AUPs BY YOU.