AUP Acceptable Use Policy

Your use of the Service is subject to the Acceptable Use Policy. If you are found to be in violation of our policies at any time, as determined by Web Hosting Magic ("WebHostingMagic", "Hosting Magic", "2cPanel", "we" or "us") in its sole discretion, we may warn you or suspend or terminate your account.

Please note that we may change our Acceptable Use Policy at any time, and pursuant to the Web Hosting Magic Terms of Service(the "Terms"), it is your responsibility to keep up-to-date with and adhere to the policies posted here. All capitalized terms used herein have the meanings stated in the Terms, unless stated otherwise.

Prohibited Content

The Content displayed and/or processed through your Application or other web site utilizing the Service shall not contain any of the following types of content:

• content that infringes a third party's rights according to applicable law;
• hate-related or violent content;
• content advocating racial or ethnic intolerance;
• content intended to advocate or advance malicious computer hacking or malicious password harvesting;
• illegal gambling;
• other illegal activity, including without limitation illegal export of controlled substances;
• phishing;
• malicious content;
• other materials, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights.

Prohibited Actions

In addition to (and/or as some examples of) the violations described in the Terms, you may not and may not allow any third party, including your end users, to:

• Generate or facilitate unsolicited commercial email ("spam"). Such activity includes, but is not limited to:
  • sending email in violation of the CAN-SPAM Act or any other applicable anti-spam law;
  • imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam;
  • data mining any web property (including Web Hosting Magic) to find email addresses or other user account information;
  • sending unauthorized mail via open, third-party servers;
  • sending emails to users who have requested to be removed from a mailing list;
  • selling, exchanging or distributing to a third party the email addresses of any person without such person's knowing and continued consent to such disclosure; and
  • sending unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship.
• Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content
• Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
• Conduct or forward pyramid schemes and the like;
• Transmit content that may be harmful to minors;
• Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email;
• Illegally transmit another's intellectual property or other proprietary information without such owner's or licensor's permission;
• Use the Service to violate the legal rights (such as rights of privacy and publicity) of others;
• Promote or encourage illegal activity;
• Interfere with other users' enjoyment of the Service;
• Sell, trade, resell or otherwise exploit the Service for any unauthorized commercial purpose;
• Modify, adapt, translate, or reverse engineer any portion of the Service;
• Remove any copyright, trademark or other proprietary rights notices contained in or on the Service;
• Reformat or frame any portion of the web pages that are part of the Customer Dashboard or Web Hosting Magic control panels;
• Use the Service in connection with illegal peer-to-peer file sharing;
• Display any content on the Service (including but not limited to the customizable login page) that contains any hate-related or violent content or contain any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights; or
• Use our service for anything that constitutes, depicts, fosters, promotes or relates in any manner to child pornography, illegal bestiality, non-consensual sex acts, or otherwise unlawfully exploits persons under the legal age of consent;
• Use the Services in any situation where failure or fault of the Services could lead to death or serious bodily injury of any person, or to physical or environmental damage or degradation. For example, you may not use, or permit any other person to use our services in connection with aircraft or other modes of human mass transportation or nuclear or chemical facilities;
• Use our services by persons, organizations, companies or any such other legal entity or unincorporated body, including any affiliate or group company, which is involved with or suspected of involvement in activities or causes relating to: illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles; in each case including any affiliation with others whatsoever who sponsor or support the above such activities or causes;
• Modify the Web Hosting Magic logo or any other Web Hosting Magic trademarks, logos, service marks, trade dress, slogans, copyrighted designs or other brand features.
• Use the Service, or any interfaces provided with the Service, to access any Web Hosting Magic product or service in a manner that violates the Terms or other terms and conditions for use of such Web Hosting Magic product or service.

Cooperation with Investigations and Legal Proceedings

If we are legally required to permit any relevant authority to inspect your content or traffic, you agree we can do so; provided however that, where possible without breaching any legal or regulatory requirement, we give you reasonable prior notice of such requirement.

We may, without notice to you, report to the appropriate authorities any conduct by you that we believe violates applicable law, and provide any information we have about you, or your users or your traffic and cooperate in response to a formal request from a law enforcement or regulatory agency investigating any such activity, or in response to a formal request in a civil action that on its face meets the requirements for such a request.

Excessive Use of Shared System Resources

You may not use any shared system provided by Web Hosting Magic in a way that unnecessarily interferes with the normal operation of the shared system, or that consumes a disproportionate share of the resources of the system. For example, we may require you to repair coding abnormalities in your cloud-hosted code if it unnecessarily conflicts with other cloud customers’ use of the cloud. You agree that we may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other customers' data that is stored on the same system.

Third Party Conduct

You are responsible for violations of this AUP by anyone using your Services with your permission or on an unauthorized basis as a result of your failure to use reasonable security precautions. Your use of the Services to assist another person in an activity that would violate this AUP if performed by you is a violation of the AUP.

You must use reasonable efforts to secure any device or network within your control against being used in breach of the applicable laws against spam and unsolicited email, including where appropriate by the installation of anti-virus software, firewall software and operating system and application software patches and updates. Our right to suspend or terminate your Service applies even if a breach is committed unintentionally or without your authorization, including through a Trojan horse or virus.

Others

• You must have valid and current information on file with your domain name registrar for any domain hosted on the Web Hosting Magic network.
• You may only use IP addresses assigned to you by Web Hosting Magic in connection with your Web Hosting Magic services.
• You agree that if you register a DNS record or zone on Web Hosting Magic managed or operated DNS servers or services for a domain of which you are not the registrant or administrative contact according to the registrars WHOIS system, that, upon request from the registrant or administrative contact according to the registrars WHOIS system, Web Hosting Magic may modify, transfer, or delete such records or zones.
• You may not register to use any Services under a false name, or use an invalid or unauthorized credit card in connection with any Services.

Changes To The AUP

The Internet is still evolving, and the ways in which the Internet may be abused are also still evolving. Therefore, we may from time to time amend this AUP to further detail or describe reasonable restrictions on your use of our Services by publishing a revised version of the AUP at https://www.webhostingmagic.com/aup, or in the event of a material adverse change to the AUP, by providing you thirty (30) days written notice

The revised AUP will become effective as to you on the first to occur of:

• your execution of a new or additional agreement for all or part of your Hosted System that incorporates the revised AUP by reference,
• the first day of a renewal term for an Agreement that begins at least thirty (30) days after the time that the revised AUP has been posted, or
• thirty (30) days following our written notice to you of a material change to the AUP.

If your compliance with the revised AUP would adversely affect your use of the Hosting Services, you may elect to terminate the Agreement by giving Web Hosting Magic written notice of your objection no later than thirty (30) days following the date that the revised AUP would otherwise have become effective as to you. We will not charge you an early termination fee for a termination on these grounds. If you elect to terminate, you may continue using the Services for up to an additional ninety (90) days and we will not enforce the revision as to you during this time, you will continue to be subject to the prior version. If you choose to terminate your Services under this Subsection, we may decide to waive that change as to you and keep your Agreement in place for the remainder of the term.

Consequences Of Violating Of This AUP

If you breach the AUP, we may suspend or terminate your Services in accordance with the Agreement. We may intercept or block any content or traffic belonging to you or to users where Services are being used unlawfully or not in accordance with this AUP. No credit will be available under the Web Hosting Magic Level Agreement for interruptions of service resulting from any AUP violation.