Website & Email Use Policy

Important Note: This document is updated often. Please make a habit of reviewing it from time to time to stay abreast of acceptable as well as inappropriate uses of your Hosting Internet Services account. C O'Malley & Associates' is not required to send notifications when this page is updated.  This is for hosting on the C-O'Malley & Associates Shared Server - Hosting at http://hosting.c-omalley.com is goverened by separate agreements.

Reports of activity in violation of this policy may be sent via e-mail to abuse@c-omalley.com. 

When you open your C O'Malley & Associates' Hosting account, you become a member of the internet community which gives you certain rights and privileges, but also imposes certain duties and responsibilities. C O'Malley & Associates' Hosting has established an Acceptable Use Policy in order to make these duties and responsibilities more clear. This document is intended to provide a general understanding of C O'Malley & Associates' Hosting's Acceptable Use Policy. The following factors guide the establishment and enforcement of our hosting usage policies:

  • Ensure reliable service to our customers
  • Ensure security and privacy of our systems and network, as well as the hosting and systems of others
  • Comply with existing laws
  • Maintain our reputation as a responsible service provider - Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
  • Preserve the value of Internet resources as a conduit for free expression and exchange of information
  • Preserve the privacy and security of individual users

By providing hosting we intend to provide our customers access to everything the Internet has to offer. While we are firmly committed to the principles of free speech, certain activities are damaging to the resources of both C O'Malley & Associates' and the Internet and cannot be permitted under the guise of free speech. Our resources and that of the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

If any hosting account controlled by or obtained by C O'Malley & Associates LLC is used to violate the Acceptable Use Policy, we reserve the right to terminate or suspend your service without notice and you agree to indemnify C O'Malley & Associates' Hosting and its affiliates against any claims threatened or brought by third parties as a result of your violation of this Acceptable Use Policy and/or the content of your website. We prefer to advise customers of inappropriate behavior and any necessary corrective action. However, violations of the Acceptable Use Policy will result in immediate termination or suspension of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

If you have any questions regarding this policy, please contact us at abuse@c-omalley.com

General Information

C O'Malley & Associates' Hosting customers are prohibited from transmitting on or through any service provided (which includes email, hosting, or a website), any material that is, in C O'Malley & Associates' Hosting's sole discretion, unlawful, obscene, threatening, abusive, defamatory, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law.

In general, you may NOT use your website, hosting or email account:

  • In a manner which violates any law, regulation, treaty or tariff;
  • In a manner which violates the rules, regulations and policies of any network, server, web site, database or service provider that you access through your Hosting account (whether that account is with C O'Malley & Associates or was obtained by C O'Malley & Associates for your use);
  • In a manner which is defamatory, fraudulent, indecent, offensive or deceptive;
  • To threaten, harass, abuse or intimidate others;
  • To damage the name or reputation of C O'Malley & Associates', its' parent, affiliates and subsidiaries;
  • To break security on any computer network, or to access an account which does not belong to you; or
  • In a manner which interferes with other customers' use and enjoyment of the services provided by us.

Our hosting, email and web services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. We reserve the right to remove such illegal material from any server or to immediately terminate your services without notice.

The customer is responsible for keeping billing data with C O'Malley & Associates' up-to-date and accurate. Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.

C O'Malley & Associates' Hosting reserves sole discretion to determine whether any use of the service is a violation of this policy. Guidelines for using your account follow. This information is only a guideline, and is not intended to be all-inclusive.

Electronic Mail

Certain C O'Malley & Associates' Hosting accounts give you the ability to send and receive electronic mail. C O'Malley & Associates' maintains a ZERO tolerance policy in regards to SPAM. We do not tolerate spam mailings and any account that is used to send such will be terminated without notice. Any account terminated for spam is subject to a $1,000 administration fee, this fee will be charged directly to the credit card on file. In addition any losses incurred by C O'Malley & Associates' because of such will be the direct responsiblity of the account holder in addition to the fee. Please make yourself aware of the SPAM laws and regulations so that you will not be in violation.  If you are using our mail services, we allow ONLY opt-in mailing lists.

You may not use your account to send unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it.  If it even appears that you are sending spam, it is our discretion to terminate the account immediately without notice or refund.

You may not use your account to collect responses from unsolicited bulk or commercial e-mail sent from accounts with other providers. Forging, altering or removing electronic mail headers is prohibited. You may not send numerous copies of the same or substantially similar message, nor may you send very large messages or files to a recipient, with the intent to disrupt a server or account ("mail bombing"). You may not use electronic mail to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages. You may not forward or otherwise propagate chain letters, whether or not such messages solicit money or other items of value, and whether or not the recipient wishes to receive such mailings.

C O'Malley & Associates' accounts may not be used to collect replies to messages sent from another Internet service provider if those messages violate this Acceptable Use Policy or the acceptable use policy of the other service provider.

If you use the services of another provider to promote a web site hosted by or through C O'Malley & Associates', then the provisions of this Acceptable Use Policy shall apply to the methods used to promote such site.

Web Sites

C O'Malley & Associates' Hosting provides storage space and access for web sites through its Web services. C O'Malley & Associates' Hosting will not routinely monitor the contents of your web sites. You may only host one domain per virtual account.  We do not allow resellers of our accounts.

You are solely responsible for any information contained on your web site. However, if complaints are received regarding language, content or graphics contained on your web site, C O'Malley & Associates'  may, at its sole discretion, remove the web site hosted on C O'Malley & Associates'  servers or any third party servers we have control over and terminate your Web service. You agree to promptly reimburse C O'Malley & Associates'  for any reasonable expenses it incurs (including attorney's fees) in defending itself form third party claims relating to any of the content (whether created by you, your customers or your users) contained on your website.

You may not use your web site to publish material which C O'Malley & Associates' determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.
Unlawful content is that which violates any law, statute, treaty, regulation, or lawful order. This includes, but is not limited to: obscene material; defamatory, fraudulent or deceptive statements; threatening, intimidating or harassing statements, or material which violates the privacy rights or property rights of others (copyrights or trademarks, for example).

Indecent content is that which depicts sexual or excretory activities in a patently offensive matter is determined at the SOLE discretion of C O'Malley & Associates. Objectionable content is otherwise legal content with which C O'Malley & Associates' concludes, in its sole discretion, it does not want to be associated in order to protect its reputation and brand image, or to protect its employees, shareholders and affiliates.

Examples of prohibited web site content:

Material which encourages the commission of a crime; or which tends to incite violence; or which tends to degrade any person or group based on sex, nationality, religion, color, age, marital status, sexual orientation, disability or political affiliation.

Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest, visitor or employee. Therefore, you must take steps to ensure that others do not gain access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

Denial of Services, DDoS, Smurf and other service attacks started against your web site will effect the entire population of the C O'Malley & Associates' Network, therefore your site will be subject to immediate termination of your account.

You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

You may not attempt to circumvent user authentication or security of any host, network or account ("cracking"). This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other Hosting. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

You may not host within your account files used to hack, crack, decode or generate keys.

You may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of Hosting, deliberate attempts to overload a service, and attempts to "crash" a host.

Users who violate systems or network security may incur criminal or civil liability. C O'Malley & Associates' will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Network Management

You are responsible for ensuring that the services obtained from C O'Malley & Associates' are used in an appropriate manner by your customers and users. Therefore, you must take steps to manage the use of the services obtained from C O'Malley & Associates' in such a way that network abuse is minimized. You must also make information publicly available about how to contact you, and you must respond in a timely manner to complaints concerning misuse of the services obtained from C O'Malley & Associates'. Failure to responsibly manage the use of the services obtained from C O'Malley & Associates' may be cause for termination of services to you.

You must designate one or more individuals ("Contacts") to be responsible for every host, IP network or subnet connected to the Internet through the use of the services. You must provide Contact names, phone numbers, and postal and e-mail addresses ("Contact Information") to any and all appropriate Domain Name Registrars prior to the initial network connection of your service. You must keep Contact Information updated and accurate at all times. Changes in the Contact Information must be sent to the appropriate Domain Name Registrars in a timely manner. Contacts must have the authority, access and tools necessary to configure, operate and control access to your systems.

Additionally, you may not run any type of proxy service from your account. This includes but is not limited to a http proxy.

Network Performance

C O'Malley & Associates'  hosting accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination or suspension of your account without notice.

You are prohibited from excessive consumption of resources, including but not limited to, CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performance of C O'Malley & Associates'  systems or Hosting. C O'Malley & Associates' reserves the right to terminate or limit such activities.

Denial of Services, DDoS, Smurf and other service attacks started against your web site will effect the entire population of the C O'Malley & Associates' Network, therefore your site will be subject to immediate termination of your account.

Internet Relay Chat

You may not use IRC scripts or programs that interfere with or deny service to other users on any other server, host, network or channel

IRC BOTS ARE PROHIBITED

You may not engage in activities which harass other users. This includes, but is not limited to, "flooding" (rapidly entering text with the intent to disrupt service), "flashing" (disrupting terminal emulation), "takeovers" (improper seizing and abuse of operator privileges), attempting to send private messages to those who do not wish to receive them, attempting to return to a channel after being banned from it, and other disruptive behaviors.

You may not attempt to impersonate other users. The use of nicknames does not constitute impersonation. You may run "clones" (multiple simultaneous IRC connections) and "robots" only as permitted by the host IRC server.

Illegal Activity

Any activity on our network that is a violation of any state or federal law is a violation of this policy and will result in immediate termination of service.

Prohibited activities include, but are not limited to:

  • Transmitting obscene materials or child pornography
  • Intentionally spreading or threatening to spread computer viruses
  • Gaining or attempting to gain unauthorized access to any network, including C O'Malley & Associates' Hosting's private network infrastructure
  • Accessing or attempting to access information not intended for you
  • Transmitting pirated software
  • Conducting or participating in illegal gambling
  • Soliciting for pyramid and other illegal schemes

C O'Malley & Associates' does not permit any site that contains: (i) sexually explicit images (including on banner ads) of ANY kind (in C O'Malley & Associates' sole judgment); or (ii) sites containing language or images promoting child pornography (iii) any sexually explicit or nude images. As required by federal law in the United States, C O'Malley & Associates' will report all offenders of this policy to the appropriate federal agency.

Privacy Statement

C O'Malley & Associates' has a policy to respect and protect the privacy of its customers and their information that is stored with C O'Malley & Associates' shared hosting. C O'Malley & Associates' will only access and disclose information as necessary to comply with applicable laws and government requests, to provide the C O'Malley & Associates'  Services, to operate or maintain its systems or to protect itself or its customers.