The uses of Webionic.com Services set forth in this section herein
below are prohibited. The engaging in any prohibited use
as set forth herein by Subscriber or by any affiliate or subscriber
of Subscriber (as determined in the sole discretion of Webionic.com)
constitutes a material breach of these Terms and will subject
Subscriber's account to immediate termination without notice and
without any refund.
Spamming, whether or not it overloads the Services or disrupts
service to Webionic.com's Subscribers, is prohibited.
The term "Spamming" includes, but is not limited to,
the sending of unsolicited bulk and/or commercial messages over
the Internet, maintaining an open SMTP policy, or sending to
any mailing list that is not double opt in. Webionic.com
requires that all email messages contain an automated opt out.
We do not allow purchased lists. Webionic.com's Subscribers
are required to follow all rules in the Can Spam Act (additional
information at: http://business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business
) as well as our company spam rules. Webionic.com reserves
the right to determine, in its sole and absolute discretion,
whether e-mail recipients were part of an opt-in email list.
Irrespective of whether an email campaign constitutes Spamming
as defined herein, Webionic.com allows a MAXIMUM of 500 emails
per hour to be sent from any individual hosting account.
b. Online Pharmacies
No Subscriber may utilize the Services to engage in
the illegal distribution of prescription medications, including,
but not limited to, promotion, marketing, or sale of prescription
medications without a valid prescription.
c. Prohibited Offerings
No Subscriber may utilize the Services to provide, sell or offer
to sell the following: controlled substances; illegal drugs
and drug contraband; weapons; pirated materials; instructions
on making, assembling or obtaining illegal goods or weapons
to attack others; information used to violate the copyright(s)
of, violate the trademark(s) of or to destroy others' intellectual
property or information; information used to illegally harm
any people or animals; pornography, nudity, sexual products,
programs or services; escort services or other content deemed
Profanity or profane subject matter in the site content and
in the domain name are prohibited.
e. Private Information and Images
Subscribers may not post or disclose any personal or private
information about or images of children or any third party without
the consent of said party (or a parent's consent in the case
of a minor).
f. Violations of Intellectual Property Rights
Any violation of any person's or entity's intellectual property
rights, rights of privacy, rights of publicity or other personal
rights is prohibited. Webionic.com is required by law
to remove or block access to content appearing on or through
the Services upon receipt of proper notice of copyright infringement
(please see the Copyright Claims Policy here for more information).
h. Misrepresentation of Transmission Information
Forging, misrepresenting, omitting, or deleting message headers,
return mailing information and/or Internet protocol addresses
to conceal or misidentify the origin of a message is prohibited.
i. Viruses and Other Destructive Activities
Use of the Services for creating or sending Internet viruses,
worms or Trojan horses, or for pinging, flooding or mail bombing,
or engaging in denial of service attacks is prohibited.
It is also prohibited for any Subscriber to engage in other
activity that is intended to disrupt or interfere with, or that
results in the disruption of or interference with, the ability
of others to effectively use the Services (or any connected
network, system, service or equipment) or conduct their business
over the Internet.
"Hacking" and related activities are prohibited.
"Hacking" includes, but is not limited to, the following
activities: illegally or without authorization, accessing computers,
accounts or networks, penetrating or attempting to penetrate
security measures, port scans, stealth scans, and other activities
designed to assist in hacking.
k. Anonymous Proxies
Webionic.com does not allow the use of anonymous proxy scripts
on its servers. They can be very abusive to the server
resources, affecting all users on that server.
l. Export Control Violations
The exportation of encryption software outside of the United
States and/or violations of United States law relating to the
exportation of software is prohibited. Subscriber may
not export or transfer, directly or indirectly, any regulated
product or information to anyone outside the United States without
complying with all applicable statues, codes, ordnances, regulations,
and rules imposed by U.S. federal, state or local law, or by
any other applicable law.
m. Child Pornography
The use of the Services to store, post, display, transmit, advertise
or otherwise make available child pornography is prohibited.
Webionic.com is required by law to, and will, notify law
enforcement agencies when it becomes aware of the presence of
child pornography on, or being transmitted through, the Services.
n. Other Illegal Activities
The use of the Services to engage in any activity that is determined
by Webionic.com, in its sole and absolute discretion, to be
illegal is prohibited. Such illegal activities include,
but are not limited to, storing, posting, displaying, transmitting
or otherwise making available ponzi or pyramid schemes, fraudulently
charging credit cards or displaying credit card information
of third parties without their consent, failure to comply with
applicable on-line privacy laws or any executive orders, as
well as any rules, regulations or orders issued by the Office
of Foreign Asset Controls ("OFAC"). Webionic.com
will cooperate fully with appropriate law enforcement agencies
in connection with any and all illegal activities occurring
on or through the Services.
o. Obscene, Defamatory, Abusive or Threatening
Use of the Services to store, post, transmit, display or otherwise
make available obscene, defamatory, harassing, abusive or threatening
language is prohibited.
p. BACKUP STORAGE
WEBIONIC.COM OFFERS ITS SERVICES TO HOST WEB SITES, NOT TO STORE
DATA. USING AN ACCOUNT AS AN ONLINE STORAGE SPACE FOR ARCHIVING
ELECTRONIC FILES IS PROHIBITED AND WILL RESULT IN TERMINATION
OF HOSTING SERVICES WITHOUT PRIOR NOTICE.
q. Other Activities
Engaging in any activity that, in Webionic.com's sole and absolute
discretion, disrupts, interferes with or is harmful to (or threatens
to disrupt, interfere with, or be harmful to) the Services,
Webionic.com's business, operations, reputation, goodwill, Subscribers
and/or Subscriber relations, or the ability of Webionic.com's
Subscribers to effectively use the Services is prohibited.
Such prohibited activities include making available any program,
product or service that is designed to or could be used to violate
these Terms. In addition, the failure of Subscriber to
cooperate with Webionic.com in correcting or preventing violations
of these Terms by, or that result from the activity of, a subscriber,
patron, customer, invitee, visitor, or guest of the Subscriber
constitutes a violation of these Terms by Subscriber.
r. Dedicated and VPS Hosting
Except for paragraph o, relating to resource usage, all of the
activities listed in this section are also prohibited on Dedicated
and VPS Hosting accounts.
s. HIPAA Disclaimer
We are not "HIPAA compliant. " Users are solely
responsible for any applicable compliance with federal or state
laws governing the privacy and security of personal data, including
medical or other sensitive data. Users acknowledge that
the Services may not be appropriate for the storage or control
of access to sensitive data, such as information about children
or medical or health information. Webionic.com does not
control or monitor the information or data you store on, or
transmit through, our Services. We specifically disclaim
any representation or warranty that the Services, as offered,
comply with the federal Health Insurance Portability and Accountability
Act ("HIPAA"). Customers requiring secure storage
of "protected health information" under HIPAA are
expressly prohibited from using this Service for such purposes.
Storing and permitting access to "protected health information,"
as defined under HIPAA is a material violation of this User
Agreement, and grounds for immediate account termination.
We do not sign "Business Associate Agreements" and
you agree that Webionic.com is not a Business Associate or subcontractor
or agent of yours pursuant to HIPAA. If you have questions
about the security of your data, please contact our Technical
Support team at firstname.lastname@example.org.