These Policies are not exhaustive and Adaptive Hosting reserves the right to modify these Policies at any time, effective upon posting of the modified Policies to www.adaptivehosting.com.

As a provider web site hosting and other Internet-related services, Adaptive Hosting offers its customers (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. Adaptive Hosting respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Adaptive Hosting reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Adaptive Hosting 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 utilizing Adaptive Hosting services. This AUP will be revised from time to time. A customer's use of Adaptive Hosting services after changes to the AUP are posted on Adaptive Hosting web site, www.adaptivehosting.com, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.

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 the Internet, 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 Adaptive Hosting cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may 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 is sexually explicit or otherwise offensive. Because Adaptive Hosting cannot monitor or censor the Internet, and will not attempt to do so, Adaptive Hosting cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

When subscribers disseminate information through the Internet, they also must keep in mind that Adaptive Hosting 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 they create is carried over Adaptive Hosting network and may reach a large number of people, including both subscribers and non-subscribers of Adaptive Hosting, subscribers' postings to the Internet may affect other subscribers and may harm Adaptive Hosting goodwill, business reputation, and operations. For these reasons, subscribers violate Adaptive Hosting policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward Adaptive Hosting, but also because it can overload Adaptive Hosting network and disrupt service to Adaptive Hosting subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Adaptive Hosting has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.

Intellectual Property Violations -- Engaging in any activity that 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. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Adaptive Hosting is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Adaptive Hosting policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Obscene Speech or Materials -- Using Adaptive Hosting network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Adaptive Hosting is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Adaptive Hosting network.

Defamatory or Abusive Language -- Using Adaptive Hosting network as a means to transmit or post 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 might 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, mailbombing, 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.

Facilitating 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, mailbombing, 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.

Usenet Groups -- Adaptive Hosting 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 advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

Other Activities -- Engaging in activities, whether lawful or unlawful, that Adaptive Hosting determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.

* Violations of the above will be billed to the customer at a rate of $85/hour for us to research and identify the offending web site.  Additional fees may also be assessed for bandwidth overage, disk space overage and a termination fee of $125.  No exceptions!  This billing is not all inclusive as to other action we may take against the offending customer. Violations of the above of serious and illegal matters and if appropriate we will contact the appropriate law enforcement agencies.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. Adaptive Hosting will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Adaptive Hosting policy or applicable law. When Adaptive Hosting becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.

Adaptive Hosting also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching Adaptive Hosting facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. Adaptive Hosting does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Adaptive Hosting has the right to directly take action against a customer of a subscriber. Also, Adaptive Hosting may take action against the Adaptive Hosting subscriber because of activities of a customer of the subscriber, even though the action may effect other customers of the subscriber. Similarly, Adaptive Hosting anticipates that subscribers who offer Internet services will cooperate with Adaptive Hosting in any corrective or preventive action that Adaptive Hosting deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Adaptive Hosting policy.

Adaptive Hosting also is concerned with the privacy of on-line 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, Adaptive Hosting urges its subscribers to assume that all of their on-line communications are insecure. Adaptive Hosting cannot take any responsibility for the security of information transmitted over Adaptive Hosting facilities.

Adaptive Hosting will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. Adaptive Hosting may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Adaptive Hosting 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. Adaptive Hosting 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, Adaptive Hosting may disclose subscriber information or information transmitted over its network where necessary to protect Adaptive Hosting and others from harm, or where such disclosure is necessary to the proper operation of the system.

Adaptive Hosting expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate Adaptive Hosting policy. Finally, Adaptive Hosting wishes to emphasize that in signing the service agreement, subscribers indemnify Adaptive Hosting for any violation of the service agreement, law, or Adaptive Hosting policy, that results in loss to Adaptive Hosting or the bringing of any claim against Adaptive Hosting by any third-party. This means that if Adaptive Hosting is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against Adaptive Hosting, plus costs and reasonable attorneys' fees.

Email Storage

Adaptive Hosting does not allow the storage of email on its servers.  Please make sure you download all email to your local computer off of the server.  Reinvent does not accept any responsibility to protect your email if it is not downloaded.

Server Usage

Below are common issues that could effect your web site performance.  Please review them and make sure they are not occurring on your site before uploading you web site to a live production server.  Offending web sites are subject to account suspension and possible termination.  No refunds will be issued under any circumstances for accounts suspended or terminated.


Memory Usage and Memory Leaks (All Web Site hosting plans)

Make sure your site does not use excessive amounts of Memory.  Make sure your site doesn't load objects into memory when it is initialized which can prevent IIS to fail to start.  Make sure your site contains no memory leaks, memory that is being used up and never returned.

Processing CPU Power (All Web Site hosting plans)

Your site cannot use excessive amounts of CPU processing power (100% utilization of CPU resources for any amount of time). Make sure the CPU processing power returns to Zero after running your program, application or script and it doesn't hang at 100% infinitely.  Test on your internal development server before deploying your site to our live production server.

We hope this AUP is helpful in clarifying the obligations of Internet users, including Adaptive Hosting and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to abuse@adaptivehosting.com.