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Acceptable Usage Policy & Privacy Policy

Introduction and Purpose

This document sets forth the principles, guidelines and requirements of the Acceptable Use Policy of LevelHosting, Inc. governing the use by the Customer ("Customer") of the LevelHosting Inc. services and products ("Services and Products"). The Purpose of LevelHosting Inc. Acceptable Use Policy, hereinafter referred to as the AUP, is to comply with all federal, provinces, and local laws coupled with protecting the network security, network availability, physical security, Customer privacy, and other factors affecting the services provided by LevelHosting Inc. LevelHosting Inc. reserves the right to impose reasonable rules and regulations regarding the use of its services provided to all Customers and such rules and regulations are subject to change. Such rules and regulations are located on the Internet at https://www.levelhosting.ca/aup.html. The AUP is not an all inclusive exhaustive list and LevelHosting Inc. reserves the right to modify the AUP at any time as needed, effective upon either the posting of the modified AUP to https://www.levelhosting.ca/aup.html or notification to the Customer via email. Acceptance and execution of the Master Services Agreement binds all parties to LevelHosting Inc. stated AUP at the time the contract is executed and as modified from time to time. Any violation of the AUP may result in the suspension or termination of Customer account(s) or such other action as LevelHosting Inc. deems appropriate with or without notice. No credits will be issued for any interruption in service resulting from policy violations.

VIOLATION OF ANY SECTION OF THE PRIVACY POLICY AND AUP IS STRICTLY PROHIBITIED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES CUSTOMER RECEIVES FROM LevelHosting Inc.with or without notice.

Any questions or comments regarding the AUP should be directed to the Abuse department through our Ticket System or abuse@levelhosting.ca.

Hosting Policy

Data Unlawful or Against the AUP: Promoting violation of the law or the AUP by hosting data that facilitates the violation is prohibited, including but not limited to:

Shared & Reseller Hosting Plans
Resource Usage: Customers subscribing to the Shared & Reseller Hosting plans may not:
 
a. Use 25% or more of the server resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, MySQL, FTP, PHP, HTTP, etc.
b. Database that exceeds 500MB in size.
c. Run stand-alone, unattended server-side processes at any time on the server. This includes any and all daemons, such as IRCD.
d. Run web spider or indexer (including Google Cash / AdSpy).
e. Run any software that interfaces with an IRC (Internet Relay Chat) network.
f. Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them.
g. Participate in any file-sharing / peer-to-peer activities.
h. Run any type of gaming servers.
i. Run cron entries with intervals of less than 15 minutes.
j. Utilize the account as a backup or storage device. Specifically, warez, MP3's, pirated files, image hosting are strictly prohibited. This places a strain on the server and can result in suspension or termination of the account with or without notice. Customer may however keep 1 cPanel backup within their account.
  • Inodes Usage: Customers subscribing to the Shared & Reseller Hosting plans using more than 100,000 inodes may potentially result in suspension. Every physical file (a webpage, image file, email) on your account uses up 1 inode. Sites that only exceed our inode limit threshold by a minimal amount are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension.
  • IP Scanners
  • Bruceforce Programs/Scripts/Applications
  • AutoSurf/PTC/PTS/PPC Sites
  • File Dump/Mirror Scripts (Similar to rapidshare)
  • Public Image Hosting Scripts (Unless they are for your private use only)
  • Hosting web pages that detail the methodology of committing unlawful acts, or acts violating this AUP.
  • Hosting software, scripts, or other resources intended to facilitate committing unlawful acts, or acts violating this AUP.
  • Advertising, transmitting, storing, or using any software, script, program, product, or service designed to violate this AUP.
  • Harvesting. The collection of email addresses, credit card information, or other personal information for fraudulent use or sale is prohibited.
  • Phishing. Hosting web pages with forwards to, containing scripts or executables for, or any other component of an operation designed to fraudulently collect authentication, credit card, names, addresses, or any other personal data (“phishing”) is not permitted.
  • Spamvertised Sites. Hosting web pages advertised by spam sent from another network (“spamvertised”) is not permitted.
  • Crawlers are not prohibited on our server or network.
  • The hosting account must be used to host your business or personal website.  The hosting account cannot be activated to store files or run crawl bots.
Transfers

LevelHosting Inc. will make every effort to facilitate with the move of your site to us.  However, transfers are provided as a courtesy service, and we cannot make guarantees regarding the availability, possibility, or time required to complete an account transfer. The free transfer service is available for the first 30 days from your sign up date and only available if your previous hosting provider is running cPanel.  LevelHosting Inc. will assist with cPanel to cPanel transfers only.  Transfer requests submitted outside of the 30 day free period will incur a charge of $20.00CAD prior to any work being initiated.

Please note, every web hosting company is configured in a different way which means some web hosting providers save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data.

Backups and Data Loss

LevelHosting Inc. is not responsible for files and/or data residing on your account. Backups are provided as a courtesy service. While LevelHosting Inc. does maintain daily and weekly backups of your files and/or data on our Shared & Reseller hosting servers LevelHosting Inc. accepts no responsibility should backups be unavailable for any reason. Customer agrees to maintain a current copy of all content hosted by LevelHosting Inc. notwithstanding any agreement by LevelHosting Inc. to provide backup services. Any account larger than 500MB will be excluded from our backup system with or without notice. All customers are responsible for backing up their data before and after uploading to LevelHosting Inc. servers.  

Email Policy

Email Spam. LevelHosting Inc. has a zero stance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Company whether or not the message actually originated from our network.

Block Removal. If Customer actions have caused LevelHosting Inc. mail servers or LevelHosting Inc. IP address ranges to be placed on black hole lists and other mail filtering software systems used by companies on the internet, Customer will be assessed a $200.00 CDN charge to Customer account and $200.00 CDN per hour for administrative charges incurred to remove and protect mail servers and IP ranges.

  • Drop-Box Accounts. Using this network for the receipt of replies to unsolicited mass email (spam) sent from a third-party network is prohibited.
  • Header Forgery: Forgery of email headers (“spoofing”) is prohibited.
  • Proxy Spamming: Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software is prohibited.
  • Relaying. Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication is prohibited.
  • E-mail Marketers: Affect the server IP reputation by sending out bulk e-mails to lists which are purchased from third party sources.  In order to maintain and keep our server IP(s) healthy LevelHosting Inc. does not support or allow these kind of E-mail Marketing services.
  • Max E-mails - 100 e-mails per hour per domain.

Mass Mailings: Sending mass unsolicited email is considered spam. Unsolicited email is defined as email sent to a recipient who has not double-opted in to mailings from the Customer. Senders of mass mailings must maintain complete and accurate records of all opt-ins, including the email and its headers if applicable, and provide such records to LevelHosting Inc. upon request. If positive and verifiable proof of opt-in cannot be provided, complaints from recipients of the mailing are considered proof they did not subscribe and the mailing is unsolicited.

Mailing Lists: LevelHosting Inc. mass mailing rules also apply to mailing lists, list services, or mailing services contracted for by Customer. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for e-mail information using a double opt-in process or that has made their e-mail address available to Customer for distribution of information. The list must also allow for automatic removal by all end Customers with non-distribution in the future.

Phishing Policy

LevelHosting Inc. strictly prohibits any activity associated with Phishing or systems designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretense. Splash pages, phishing forms, email distribution, proxy email or any relation to phishing activities will result in immediate removal.  Any account found to be hosting a Phishing page will be terminated and/or suspended with or without notice at our discretion.

Distribution of Malware

LevelHosting Inc. prohibits the storage, distribution, fabrication, or use of malware including virus software, root kits, password crackers, adware, key stroke capture programs and other programs normally used in malicious activity. Programs used in the normal ordinary course of business are deemed acceptable.  Example, Security Company hosting at LevelHosting Inc. analyzes the latest root kit for new security analysis/software.

Terrorist Websites

LevelHosting Inc. prohibits the use of Shared & Reseller Hosting services for the hosting of terrorist-related web sites.  This includes sites advocating human violence and hate crimes based upon religion, ethnicity, or country of origin.

Fraud Policy

By agreeing to this AUP, Customer affirms that the contact and payment information provided to LevelHosting Inc. identifies Customer and that Customer is authorized to use the payment method. Commitment of fraud, obtaining services, or attempting to obtain services by any means or device with intent to avoid payment is prohibited.

IP Allocation

LevelHosting Inc. administers an Internet network on which multiple Customer servers reside. Customers shall NOT use IP addresses that were not assigned to them by the NOC staff or network administrators. Any server utilizing IP addresses outside of the assigned range will be suspended from network access until such time as the IP addresses overlap can be corrected. Use of an unauthorized IP address will result in a charge of $25.00 CDN per IP. Use of an unauthorized IP address creating a third party Customer outage will result in a $200.00 CDN charge and termination of service until the IP allocation is resolved.

IRC Policy

LevelHosting Inc. allows stand alone IRC servers which are not connected to global IRC networks such as Undernet, EFnet, DALnet and other IRC networks. IRC servers which establish and maintain connections to global IRC networks such as Undernet, EFnet, DALnet and others will be considered to be in violation of the Acceptable Use Policy.

LevelHosting Inc. does not allow IRC plug-ins, scripts, add-ons, clones or other software that has the intent or effect of disrupting or denying service to other users. Harassing, disrupting or denying service to other users is expressly prohibited, and may result in the immediate suspension or cancellation of Customer account(s).

If IRC servers attract DoS or DDoS attacks that disrupts or denies service to other Customers, Company will null-route, ACL or otherwise suspend service to maintain quality of service for other Customers on our network.

For the purposes of policy enforcement, any malicious activity observed to originate from a Customer’s server may result in the immediate suspension of service to the offending Customer’s server without prior notice. Frequently compromised servers may be reviewed for account termination on a case-by-case basis. The purpose of this case-by-case review is to deter AUP prohibited activity from occurring under the blanket excuse of a “compromised server.”

Harassing, abusive and aggressive IRC activity is prohibited. This includes ‘flooding’ (rapid transmission of information with the intent to harass or deny service), ‘hijacking’ (taking improper or unauthorized control of channel or server operator privileges), sending messages to users who do not want them, attempting to circumvent a channel or server ban, impersonating other IRC users and other abusive IRC behavior as determined by Company.

LevelHosting Inc. reserves the right to modify or amend the IRC policy at any time.

Reseller Policy

Resellers are responsible for the conduct of their Customers and by agreeing with this AUP, agree that their Customers will adhere to the AUP. Resellers should make their perspective Customers aware of the AUP and the consequences for violation.

Usenet Policy

E Usenet posts must conform to standards established by the Internet community. Prohibited acts include, but are not limited to, the following:

  • Posting of articles and/or URLs for commercial purposes, except where permissible by the charter or FAQ of that particular group and adhering to the topic of said group.
  • Posting of binary files to groups who do not allow for binary posts in the charter of by the name of the group.
  • Excessive cross-posting and/or excessive multi-posting, considered to be the equivalent of Usenet spamming. LevelHosting Inc. reserves sole authority of determining posts constituting excessive cross- or multi-posted.
  • Canceling of posts other than Customers own posts.
  • Using auto-responders or cancel-bots.
  • Unauthorized creation, cancellation, or removal of newsgroups.
Note: While legitimacy of a posting is generally determined by a moderator, LevelHosting Inc. reserves sole authority of determining post legitimacy.

Suspension, Cancellation and Termination

LevelHosting Inc. reserves the sole right to suspend and/or terminate service to any customer located in our Data Center or using our services for violation of the AUP without notice. Once an account has been terminated ALL data for the account will be deleted and removed off the server.

Violations of the AUP will result in the following for Colocation Services:
  • For Colocation a warning notification via email, LevelHosting trouble ticket system or telephone with 72 hours notice for resolution.

72 hours is the standard notification; situations involving law enforcement, phishing, fraud, password harvesting, network interference, Denial or Disruption of service, IRC mis-use, or other malicious activity can reduce the notification time frame.

Failure to resolve the AUP violation within 72 hours will result in the following:

  • Removal of the violating content or service
  • Removal of DNS for the server
  • Temporary shutdown of the server
  • Block on outgoing mail
  • IP address routing to null
Violations of the AUP will result in the following for Shared & Reseller Hosting Services:
  • For Shared & Reseller Hosting any account that is found in violation of the AUP will be terminated and/or suspended with or without notice at our discretion.

Repeat violation of the above terms will result in the following actions.

  • Immediate disconnection of service with no re-activation.
  • $200 CDN fee assessed to Customer account for violation.

Data Center Overview

Public Network

All of our servers are located in data centres that seamlessly integrate three distinct and redundant gigabit network architectures—public, private, and data center-to-data center—into the industry’s first network—within—a—network topology for maximum accessibility, security, and control.

With 210 Gbps of connectivity to the Internet, our provider runs one of the largest IP backbones in the US. Our 21 x 10 Gbps diverse connections are spread across 9 of the leading network providers in the US and, in addition, include multiple public peering links to dozens of additional Internet access networks.