This Acceptable Use Policy (“AUP”) governs your use of the Services and is incorporated by reference into our Terms of Service. Unless otherwise stated, defined terms in this AUP have the meanings provided to them in the Terms of Service. We may modify this AUP at any time without notice. You shall use the Services only for lawful purposes. Transmission, storage, or display of any information, data, or material in violation of applicable laws or regulations, including without limitation the laws of the Commonwealth of Massachusetts, is prohibited. We reserve the right to terminate the Services for any Customer that exposes the Company to legal liability or threatens its ability to provide services to other customers. You agree to indemnify and hold the Company harmless from any claims resulting from your use of the Services. Quick Links Prohibited Uses You may not use the Services to publish content or engage in activity that is harmful to others or illegal under applicable law. Any content that, in our judgment, violates our Terms of Service, including this AUP, in any manner may be removed from our servers (or otherwise disabled), with or without notice. Examples of prohibited content and activities can be found in this section. Zero Tolerance Spam Policy We maintain a zero tolerance policy for use of our network or services to send unsolicited bulk or commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 (“SPAM”). Please review this section to avoid action under our AUP. Defamation and Objectionable Content We respect that the Internet provides a forum for free and open discussion and dissemination of information. Accordingly, we generally do not screen, monitor or control customer content. However, if we are made aware of content that violates the law or this AUP, we will consider the matter and take appropriate action as determined in our sole discretion balancing the merits of the complaint with the right to freedom of expression. Enforcement We may terminate your Services with or without notice upon any violation of this AUP. This section describes how we may enforce this AUP. Reporting AUP Violations If you feel you have discovered a violation of our AUP, please review this section to learn about our reporting procedures. 1. Prohibited Uses: No Illegal or Harmful Use – You may not use the Services to publish content or engage in activity that is harmful to others or illegal under applicable law, including without limitation in connection with any of the following illegal, harmful or fraudulent activities: Disclosing private sensitive personal information about others; Distributing malware or other malicious code; Engaging in the unlawful distribution of controlled substances and drug contraband; Engaging in the unlawful distribution of prescription medications, including, but not limited to, promotion, marketing, or sale of prescription medications without a valid prescription; Gambling; Hosting child pornography or content that is potentially harmful to minors (Any website found to be hosting child pornography or linking to child pornography will be suspended immediately without notice and reported to law enforcement or the National Center for Missing and Exploited Children (NMEC); Hosting FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme, High-Yield Interest Programs (HYIP) or related sites; Hosting or linking to a website intended to deceive the public including, but not limited to sites listed at aa419.org & escrow-fraud.com; Hosting or linking to an anonymous proxy server; Infringing upon the Intellectual Property Rights of Others. This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. If you believe that your intellectual property rights are being infringed upon, please notify us by completing the Report Abuse form, or emailing us at [email protected]; Money laundering; Phishing or engaging in identity theft; and Selling weapons or ammunition. No Unauthorized System Access or Network Abuse – You may not use the Services to gain access into any network or system without permission. Prohibited activities include: Accessing another network without permission, to probe or scan for vulnerabilities or breach security or authentication measures; Attacking other networks (i.e. Denial of Service (DoS) attacks); Intercepting or monitoring data without permission; Running a file sharing site; Running any software that interfaces with an IRC (Internet Relay Chat) network; Using any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of our website or servers for any unauthorized purpose; Don’t Hamper System Performance – Consuming excessive amount of server resources is prohibited. This leads to server performance issues and may cause a disruption to our systems or other customers. Use of any scripts or processes that may adversely impact our systems is prohibited. No Adult Content – You may not use the Services to distribute pornography or other adult-related content or offer any escort services. No Storage of Backups – Backing up personal data to a hosting account is prohibited. Our Services are designed to host your website, not serve as a data repository. We reserve the right to remove backups from your hosting account. 2. Zero Tolerance Spam Policy You may not use the Services to send spam or bulk unsolicited messages. We maintain a zero tolerance policy for use of its network or services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 (“SPAM”). “Safe lists,” purchased lists, and selling of lists will be treated as SPAM. We may terminate the account of any User who sends out SPAM with or without notice. Websites advertised via SPAM (i.e. Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to, SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may use our Services. Any User account which results in our IP space being blacklisted will be immediately suspended and/or terminated. Please familiarize yourself with the CAN-SPAM Act. Information about the CAN-SPAM Act may be found by accessing the following link: https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business 3. Defamation and Objectionable Content We value the freedom of expression and encourages Users to be respectful with the content they post. As a webhost, we are not a publisher of User content and generally not in a position to investigate the veracity of individual defamation claims or to determine whether certain material, which we may find objectionable, should be censored. Accordingly, we generally require a court order from a court of competent jurisdiction, as determined by the Company in its sole discretion, to take down alleged defamatory or objectionable content. However, we reserve the right to disable or remove any content to prevent harm to others or to the Company, as determined in our sole discretion. 4. Enforcement Resellers. If there is a violation of this AUP by a User of a Reseller, we will suspend the account in question and notify the Reseller so that the Reseller can address the matter with the User. The occurrence of additional violations on a User account may result in the immediate suspensions or termination of your Reseller account. Direct customers. Your Services may be terminated with or without notice upon any violation of this AUP. If applicable, violations will be reported to the appropriate law enforcement agency. A failure to respond to an email from our compliance team within forty-eight (48) hours, or as otherwise specified in the email, may result in the suspension or termination of your Services. We reserve the right to enforce, or not enforce, this AUP in our sole discretion. 5. Reporting violations of this AUP. If you feel you have discovered a violation of our AUP please complete the Report Abuse form, or email us at [email protected].

HostMiza takes intellectual property rights very seriously and it is our policy to respond to clear notices of alleged copyright infringement. This Copyright Policy describes the information that should be present in these notices and is incorporated by reference into our Terms of Service. It is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to verify. Unless otherwise stated, defined terms in this Copyright Policy have the meanings provided in the Terms of Service. COMPLAINT PROCEDURE: To file a notice of alleged infringement with us, a complainant must provide a written notice that includes the complainant’s full contact information and sets forth the items specified below. Name, address, phone number, email address (if available) and physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf; Identification of the copyrighted work(s); Identification of the infringing material you are asking us to remove or disable, and the Internet location of the infringing material; Any additional information required to be included in a copyright infringement complaint under applicable law (as we may request from you as necessary) A statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent or the law; A statement that the information in the complaint is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; AND Your signature. Please submit your complaint in one of the following ways: Email the signed notification to :[email protected] Please note that you maybe liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing your copyright. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney. HostMiza may respond to take-down notices by removing or disabling access to the allegedly infringing material and/or by terminating services. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact you and/or administrator of the affected site or content. HostMiza may document notices of alleged infringement it receives and/or on which we action is taken. As with all legal notices, a copy of the notice may be made available to the public and sent to one or more third parties who may make it available to the public. COUNTER NOTICE PROCEDURE FOR CUSTOMERS: Upon receipt of notice from HostMiza that a claim of infringement has been made and/or that the material has been removed or that access to it has been disabled, you may provide a counter notice pursuant to applicable law. To be effective, a counter-notice must include ALL of the following information: A physical or electronic signature; Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and Your name, address, and telephone number, and a statement that the customer consents to the jurisdiction of Federal District Court for the judicial district in which you are located, or if your address is outside of the United States, the jurisdiction of the U.S. District Court for the District of Massachusetts, and that you will accept service of process from the complainant or the complainant’s agent. Upon receiving a proper counter-notice pursuant to applicable law, HostMiza will take reasonable steps to restore the material in 10-14 business days unless the copyright owner commences court proceedings to prevent the restoration of the material and HostMiza is informed of such proceedings.

Privacy Policy. Please see our Privacy Policy for further information on what type of information we collect, how it is used and when it may be disclosed. Subject to our Privacy Policy, this Data Request Policy describes the types of requests for data that we may receive and how we may respond to such requests. Types of Requests. We receive the following types of requests concerning customer data: Data Requests. A data request is a request for information or documents relating to customer accounts in connection with official criminal investigations or other official legal proceedings. Except in limited emergency situations (see below), we require data requests to be made through formal U.S. legal process and procedures, and we respond to such requests as required by law. Examples of data requests include: Subpoenas Court Orders Search Warrants Legal process received from outside the United States may require a Mutual Legal Assistance Treaty (MLAT) with the United States Other forms of legal process such as Civil Investigative Demands Preservation Requests. A preservation request asks HostMiza to preserve customer account records in connection with official criminal investigations or other official legal proceedings. Preservation requests must include the following information: Identification of the account(s) at issue (as further described in Section 4 below); Identification of the investigating agency and/or specific pending official proceedings (requests must be signed on law enforcement letterhead ); Assurances that the requesting agency or individual is taking steps to obtain appropriate legal process for access to the data that we are being asked to retain; and A valid return email address and phone number. Emergency Requests. An emergency request is only appropriate in cases involving imminent serious bodily harm or death. We respond to emergency requests when we believe in good faith that such harm may occur if we do not respond without delay. Notice to Customers. Our policy is to notify customers of requests for their data unless we are prohibited from doing so by statute or court order. Information to Include in a Request. The following information must be included in a request for customer data: First and last name of the customer and email address associated with the account; and Domain name and/or IP address associated with the account. We may not be able to respond to a request without this information. Additionally, we reserve the right to request a copy of the complaint and any supporting documentation that demonstrates how the information requested is related to the pending litigation and the underlying subpoena. Submitting a Request. All requests should be mailed or emailed to the following: Email to: [email protected] IMPORTANT NOTE: IN THE EVENT YOU SEND US A NOTICE OF ANY KIND VIA EMAIL AND DO NOT RECEIVE A RESPONSE FROM US, PLEASE SUBMIT A DUPLICATE COPY VIA PAPER. DUE TO THE VAGARIES OF THE INTERNET AND EMAIL COMMUNICATION IN PARTICULAR, INCLUDING WITHOUT LIMITATION THE BURDENS OF SPAM AND THE OCCASIONAL UNINTENDED EFFECTS OF SPAM FILTERS, SENDING AN ALTERNATE FORM OF NOTICE, WILL HELP ASSURE THAT YOUR NOTICE IS RECEIVED BY US AND ACTED ON IN A TIMELY MANNER. Fees. We may seek reimbursement for costs in responding to requests as provided by law and may charge additional fees for costs in responding to unusual or burdensome requests. Available Information. Depending on the type of formal legal process provided, we may be able to respond with one or more of the following types of data:
Non-Content. We will produce non-content information such as basic subscriber information which may include the following subject to a valid request: Name Email addresses Date and time of account creation Billing information IP Logs
Content. We will only produce customer content (such as website files and email content) pursuant to a valid search warrant from an entity with proper jurisdiction.

HostMiza offers hosting packages bundled with high-limit or unlimited resources like disk space and/or other resources, such as data transfer, email accounts, databases etc. Following (including but not limited to), is NOT PERMITTED. Use of account as file storage, or in other words, as a space for files that are not elements of your website. Use of account as email storage. Storage of file achieves, backups, documents, log files etc. Hosting Web Portals. Hosting subscription based services. FTP or File Sharing services. Use of hosting as a “mirror” for other websites. Sharing of your account. Reselling of account. (except accounts hosted under reseller packages) Illegal contents including, but not limited to pirated software, music, films, applications or other media stored in any file formats or extension. Having high-limit or unlimited access to resources does not mean, that you can use your account in a such a way that it negatively affects the server operation. HostMiza reserves the right to limit users to a lower resource limit to preserve the effectiveness of the service for all users. If a “Fair-Usage” breach occurs, which’s determination is solely up to HostMiza, user may have to remove files from or reduce access to user’s account to an extent as determined by HostMiza, in order to restore full serviceability to other users affected by the breach. In any case, the user will be notified of any actions that HostMiza may have to take. Terms specific to Shared Hosing Packages Shared hosting packages are designed to host personal or small business websites & self-need email services. It is not intended to host email services for businesses/large enterprises or to host applications better suited to cloud or dedicated servers. In order to ensure a consistent and quality experience for all users, HostMiza does apply threshold (soft limit) of 10 Gb total space (including email storage) per website account to protect against any one account growing too quickly and adversely impacting the system. If you ever hit these threshold limits while legitimately using your hosting account, do let us know and we will evaluate your account for further resource needs. These limitations apply only for packages with unlimited space. Terms specific to Business Hosting Packages Business hosting packages are designed to host websites for SME businesses & business email services. It is not intended to host email services for large enterprises or to host applications better suited to cloud or dedicated servers. Terms specific to Reseller Packages Reseller packages are designed to host personal or small business websites & self-need email services for multiple customers. It is not intended to host email services for businesses/large enterprises or to host applications better suited to cloud or dedicated servers. We allow upto 10 Gb space allocation per website account (including email storage) under reseller packages.

“Unlimited” usage policy and definitions pertain to certain shared or web hosting accounts that may be offered. Disk Space, Bandwidth and Data Transfer HostMiza Customers now have access to unlimited disk space, bandwidth and data transfer. Essentially then, you can use whatever disk space and bandwidth is necessary for your web hosting needs. On the majority of HostMiza shared and reseller web hosting plans, there is no upward limit on the amount of resources a single customer may use with respect to their web hosting. Subject to these terms, HostMiza makes every reasonable commercial effort to provide its customers with the storage, bandwidth, and data transfer resources required to power their websites, as long as the customer’s use of HostMiza’s services abides with our Terms of Service. Our goal is provide the resources you require for a typical website that may experience periods of growth, which may result in increasing demands for resources (such as disk space storage or data transfer) without being subject to additional hosting charges. What is acceptable and appropriate usage? HostMiza web hosting is continually investing in technology and support features. Our web hosting solution has specifically been designed to serve the web hosting needs of small and independently owned and operated businesses and organizations throughout the world. Since you will be hosting your website with hundreds of others on our servers in a virtual community, our offerings are really not intended to support enterprise level or large company requirements. For that, we recommend purchasing at least a virtual private server or dedicated server solution. HostMiza web hosting is a shared web hosting service, which ultimately means a number of customers’ websites are hosted within the same server environment. To ensure that our hosting is first-class, reliable, and available to all customers within that server community, an individual customer’s website usage cannot adversely affect the performance of other customers’ sites. We monitor our servers 24/7/365 and in no way can one customer adversely affect the performance of that server. If this happens, we will take preventative measures to ensure that the entire community is protected. Lastly, our web hosting service is intended to host websites, not backup or storage facility for users’ data. Using your web hosting account primarily as an online storage space for archiving electronic files and images is strictly prohibited. Our servers are for web hosting usage only. What is unlimited? Unlimited disk space: Create a website as large as you like, hundreds or thousands of web pages; you will not be penalized for exceeding any upper or ceiling limit. However, please realize that there are many other users on your server and growing a website very large too fast will impede the performance of that server, as using too many server resources will negatively impact other customers on that server. We will place some constraints on how fast you can grow that website and monitor the server resources closely. The vast majority of our customers’ sites grow at rates well within our rules, however, and will not be impacted. Unlimited bandwidth and data transfer: HostMiza does not set limits on the amount of visitor traffic a website can receive or on the amount of content a customer can upload to their website in any given month. HostMiza’s bandwidth and data transfer charges are all inclusive; there are no additional fees based on increased use of bandwidth, so long as the customer abides by the Terms of Service. This rule only comes into play when you use excess server processing power that negatively impacts the performance of the server and provides a bad customer experience in that server community. Minimizing the impact on an individual server’s processing power is key to the overall performance on that server. In the vast majority of cases, if you use the web hosting service appropriately, visitors to your website will be able to view, download, and add as much content from your site as they wish. However, in certain circumstances, our server processing power, server memory, or anti-abuse controls could limit downloads or access from your site. Violators to the above rule will not be tolerated. You can upload all the content that you require each month subject to the rules as outlined above. Unlimited hosting space but excessive MySQL files: On most HostMiza shared and reseller plans, we do not set limits on the amount of disk space or data transfer allowed for an individual customer account, nor do we charge additional fees based on an increased amount of usage, so long as the customer is compliant with our Terms of Service. However, HostMiza’s services are designed to host websites and as such, we DO NOT provide unlimited space for online storage, backups, or the archiving of electronic files, documents, log files, etc., and such activity shall result in the termination of the customer’s account(s) without notice. Furthermore, accounts with an extraordinarily large number of files can have an adverse effect on server performance. This includes, but is not limited to, accounts with an excessive number of MySQL/PostgreSQL tables, or of a database size that may negatively impact the performance of our servers. HostMiza may request that the number of files/nodes, database tables or total database usage be reduced to ensure proper performance for all customers on that server, or we may terminate the customers account, with our without notice. Unlimited domain hosting: Most HostMiza shared and reseller plans do not set an upper limit to the number of domains a customer can associate with their web hosting account. For more specific terms of service, we ask that you refer to the acceptable use section of our Terms and Conditions.