Web Hosting Acceptable Use Policy

Important Note: This document is updated often. Please make a habit of reviewing it from time to time to stay abreast of acceptable as well as inappropriate uses of your Denham Domains, LLC hosting account.

Reports of activity in violation of this policy may be sent via e-mail to .

This Acceptable Use Policy specifies certain actions prohibited by Denham Domains, LLC for users of the Denham Domains, LLC hosting network. Denham Domains, LLC reserves the right to modify this Policy at any time to stay in compliance with any laws, regulations and security requirements. By using Denham Domains, LLC services, any customer, employee or third party unconditionally accepts the terms of this policy.

30-DAY “RISK FREE” OFFERINGS

Due to the costs of set-up, initial provisioning and purposing, and related expenses, Customers who take advantage of Denham Domains, LLC’s 30-day “risk free” hosting offerings will receive no refund of funds already paid for setup and the initial month of hosting.

ILLEGAL USE

The Denham Domains, LLC hosting network may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation coming to or from any unauthorized network or system is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property rights used without proper authorization; government and military data protected by law and national security; university and academic data protected by public policy; and material that, in Denham Domains, LLC's sole discretion, is obscene, defamatory, constitutes an illegal threat, facilitates identity theft or other fraud, or violates export control laws. Any violation of the above, which compromises the integrity of the Denham Domains, LLC hosting network or any other network is strictly prohibited.

NETWORK AND MACHINE RESOURCES

Denham Domains, LLC reserves the right to monitor and allocate network and machine resources. IP addresses are allocated per server and according to virtual server specifications. Cgi resources are allocated one per domain (a virtual host is required for each cgi-bin and is considered a virtual host). Denham Domains, LLC in its sole discretion and upon reasonable notice to customer reserves the right to discontinue any hosting account and/or any script which causes excessive server load and/or uses excessive server and network resources.

To protect Internet, network, and machine resources on behalf of the entire Denham Domains, LLC customer base, no individual customer may do the following:

1. Offer adult content of any kind, as determined in Denham Domains, LLC’s sole discretion.

2. Utilize CGI/PERL chat, JAVA chat, or any other chat scripts in a manner that adversely affects the operations or performance of other Denham Domains, LLC customers, or of the Denham Domains, LLC system(s) or network(s). The adverse effect of such use shall be determined by Denham Domains, LLC in its sole discretion.

3. Use more than 1 MPBS throughput during peak network hours (9AM to 6PM ET). Such usage could result in penalty fees. In the event of any dispute regarding penalty fees, Denham Domains, LLC may determine violations and fees applicable in its sole discretion.

Moreover, in a shared hosting environment, for the same reasons indicated above, no individual customer may do the following:

1. Use their web site to store web pages, files, or data for other IP addresses or domain names, or as a repository for files, data, or “Warez group” download transfer.

2. Use their web site for data transfer from any database server, or for streaming audio and/or video downloads; or use their web site as a storage area for files that are not linked to the customer’s web pages hosted on the same web site on Denham Domains, LLC’s hosting servers.

Denham Domains, LLC may immediately suspend service without prior notice to any web site that violates these rules. In the event of any dispute regarding these rules, Denham Domains, LLC may determine violations of these rules in its sole discretion.

Customers utilizing bandwidth in excess of plan limitations, or in violation of these rules, will owe Denham Domains, LLC compensation therefor at the applicable rate for excess bandwidth.

SYSTEM AND NETWORK SECURITY

Violations of system or network security are prohibited, and may result in criminal and civil liability. Denham Domains, LLC will investigate incidents involving such violations and may involve and cooperate with law enforcement authorities if a criminal violation is suspected. Denham Domains, LLC respects the privacy of customer data and vigilantly protects that data and ALL customers who host with Denham Domains, LLC. If any violation of the law or this AUP is suspected, Denham Domains, LLC reserves the right to investigate. Use of the Denham Domains, LLC hosting network constitutes consent to monitoring. Examples of unlawful acts, 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, damage, 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, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks. Unauthorized access to any data, system, or network from an unauthorized system or network for any purpose which is not lawful or which is intended to do harm. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting. Electronic forging of any kind to include but not limited to IP addresses, domains, business names, etc.

If you use any Denham Domains, LLC service described on this website, and if Denham Domains, LLC determines in its sole discretion that you caused or allowed a security exploit within the Denham Domains, LLC hosting network, or that you caused or allowed UCE/spam originating from your service to adversely impact the Denham Domains, LLC hosting network or its customers, you may be assessed a $1,000 penalty fee, in the sole discretion of Denham Domains, LLC.

Sending unsolicited email messages, including, without limitation, unwanted advertising and informational announcements, is explicitly prohibited, whether sent in bulk or not, and whether commercial in nature or not. The use of Denham Domains, LLC hosting resources to sell or enable the sale of "bulk" and/or "stealth" email software (to include so-called "spoof" software) is strictly forbidden. The use of Denham Domains, LLC hosting resources to sell or enable the sale of software designed to "harvest" email addresses is also categorically prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site owner. Legitimate mailing lists and subscriber lists are acceptable as long as they comply with both state and federal anti-spam laws. Otherwise, it is considered spam and is prohibited.

USENET

Posting the same messages to multiple newsgroups (excessive cross-posting or multiple-posting, also known as "SPAM") is expressly prohibited.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A DENHAM DOMAINS, LLC CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.

For Example: If you are hosting a bulk email site on Denham Domains, LLC hosting servers and you use another ISP to SPAM from in order to reference your Denham Domains, LLC site by IP address or domain name, you are violating Denham Domains, LLC policy and possibly the law. If you have been granted telnet access to Denham Domains, LLC hosting servers, multiple telnet log-ons are strictly prohibited and you must come from a valid IP address. Forgery is against the law. Any type of denial of service attack from valid or invalid addresses is a violation of Denham Domains, LLC security policy and against the law. If you have been granted password privileges for FTP or telnet, sharing your password with an unauthorized user or third party is strictly prohibited. Complaints regarding illegal Use or System or Network Security issues, email abuse, USENET abuse or SPAM should be sent to

The Digital Millennium Copyright Act provides limitations for service provider liability relating to material online with regard to information residing, at the discretion of the user, on a system or network that the service provider controls or operates. 17. U.S. 512(c). The designated agents for notification of claimed infringement are: Denham Domains, LLC. ATTN: Denham Domains, LLC General Counsel, PO box 3005 Independence, MO 64055. For alleged copyright infringement, or to provide counter-notice in response to an allegation of copyright infringement, send email notice to For other legal issues or concerns contact: Denham Domains, LLC. ATTN: Denham Domains, LLC General Counsel, PO box 3005 Independence, MO 64055.

Denham Domains, LLC does not tolerate any pornographic material or spamming, whither by email or to spoof search engine listings. Infringements will result in an investigation and possible termination and removal of the site and/or virtual server without a refund. Denham Domains, LLC prides itself as a responsible member of the Internet community and is committed to protecting the data of and providing quality service to all Denham Domains, LLC customers all of the time.

INTERACTION WITH DENHAM DOMAINS, LLC STAFF

Any threat, vulgar and profane language directed at any Denham Domains, LLC staff member, or its affiliates, whither in person, through phone or email may result in immediate termination of an account. Any violation of this policy by any employee, contractor or associate of Denham Domains, LLC should be reported immediately. Bottom line is let's work together toward a mutually beneficial relationship and create a prosperous and responsible Internet community.

DISCLAIMER

Denham Domains, LLC does not necessarily endorse, support, sanction, encourage, verify or agree with the content, comments, opinions or statements hosted by its customers, banner exchange participants, advertisers, vendors or partners. Information, products, and services offered, sold or placed online belong to the respective companies or individuals who place them there and are not representative of Denham Domains, LLC. The user understands that Denham Domains, LLC is not responsible for the content, quality or merchantability of any information, product or service offered herein and the user must assume full responsibility to evaluate independently the accuracy, completeness, quality and usefulness of any information or other content.

Denham Domains, LLC hereby expressly disclaims any and all warranties, expressed and implied, including but not limited to any warranties of accuracy, reliability, merchantability or fitness for a particular purpose by any vendor, customer, or associate offering information, products, and services through it's web site, linked to it's web site, or hosting with Denham Domains, LLC. The user agrees that Denham Domains, LLC is not responsible, and shall have no liability to such user, with respect to any information, product or service offered by others who are linked to the Denham Domains, LLC web site or are hosted on Denham Domains, LLC hosting servers. Denham Domains, LLC shall not be liable for any damages allegedly sustained from use of the information, products and services. Denham Domains, LLC's only liability in the event of errors shall be the correction or removal of the erroneous information after verification.