Acceptable Use Policy
This Acceptable Use Policy ("AUP") governs Your use of the Services and is incorporated by reference into HostJane’s General Terms of Service. Unless otherwise stated, defined terms in this AUP have the meanings provided in the Marketplace Terms and General Terms. HostJane may modify this AUP at any time without notice.
All Services provided by HostJane may only be used for lawful purposes. You agree to comply with all applicable laws, rules, and regulations in connection with Your use of the Services. HostJane reserves the right to refuse Service to anyone with no reason necessarily provided. Any material that in Our judgment violates this AUP in any manner may be removed from Our servers (or otherwise disabled), with or without notice.
Failure to respond to an email (or other contact request) from Our abuse department within the specified time period given in the request may result in the suspension or termination of the Services.
A. Unacceptable Use
The following material is deemed unacceptable User Content either in Listings content for Marketplace Services, In-Site Messaging between Users, and/or as User Content residing on Our Cloud, VPS or Dedicated Server products and Services:
1. Child Pornography Prohibited.
Content that is potentially harmful to minors, as determined in HostJane's sole discretion, is strictly forbidden, including but not limited to, child pornography or content perceived to be child pornography. Any website found to host child pornography or linking to child pornography will be suspended immediately without notice. POLICE AND FEDERAL LAW ENFORCEMENT AUTHORITIES WILL BE INVOLVED IMMEDIATELY.
2. Infringement of Intellectual Property Rights.
2.1 Use of the Services to infringe upon another party's intellectual property rights is prohibited. This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. Selling or offering to sell any counterfeit merchandise will result in the immediate termination of Your account. Any account found to be infringing on the intellectual property rights of others will be expeditiously removed or access to the material will be disabled. Any account found to be in repeated violation of this prohibition will be suspended or terminated.
2.2 It is Our policy to respond to clear notices of alleged copyright infringement. If You believe that Your intellectual property rights are being infringed upon, You must provide a written communication that sets forth the items specified below in Section 2.4. For copyright infringement claims, HostJane follows the United States Digital Millennium Copyright Act ("DMCA") notice and takedown procedures (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov).
2.3 You will be liable for damages (including costs and attorneys' fees) if You materially misrepresent that any alleged User Content is infringing Your intellectual property rights. Accordingly, if You are not sure whether material available online infringes Your copyright, You should contact an attorney.
2.4 Any filed notice of infringement must be sent to firstname.lastname@example.org and contain the following elements:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit HostJane to locate the material;
- Information reasonably sufficient to permit HostJane to contact You, such as an address, telephone number, and, if available, an email address;
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner's agent, or the law;
- A statement that the information in the notification 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.
2.5 Regardless of whether we may be liable for such infringement under local country law or United States law, we may respond to these notices by removing or disabling access to material claimed to infringe and/or terminating Users of Our Services. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that the owner or administrator may make a counter notification.
2.6 We may also document notices of alleged infringement on which we act. 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.
2.7 In order to ensure that copyright owners do not wrongly insist on the removal of materials that actually do not infringe their copyrights, the safe harbor provisions require service providers to notify the subscribers if their materials have been removed and to provide them with an opportunity to send a written notice to the service provider stating that the material has been wrongly removed. [512(g)]
2.8 If a User provides a proper "counter-notice" claiming that the material does not infringe copyrights, the service provider must then promptly notify the claiming party of the individual's objection. [512(g)(2)] If the copyright owner does not bring a lawsuit in district court within 14 days, the service provider is then required to restore the material to its location on its network. [512(g)(2)(C)]
2.9 If it is determined that the copyright holder misrepresented its claim regarding the infringing material, the copyright holder then becomes liable for any damages that resulted from the improper removal of the material. [512(f)]
3. Zero Tolerance on Spam Policy
3.1 We take a zero tolerance stance against the sending of unsolicited e-mail, bulk emailing, and 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.
3.2 Although federal law allows the dissemination of unsolicited bulk email under certain, tightly regulated conditions, we have elected to impose a stricter, total spam ban policy, for all affiliates and promoters of this website. This means that Members are prohibited from engaging in any bulk email promotions to disseminate their Studios or Listings or any other information about HostJane.com, regardless of how the recipient email addresses are acquired, generated or obtained. This also means that use of opt-in, double opt-in, or any form of email address recipient list is likewise prohibited, regardless of whether such activities are otherwise permitted by state or federal law.
3.3 Any violation of this strict Anti-Spam Policy will be grounds for immediate termination and forfeiture of all unpaid revenue or entitlement thereto. We reserve the right to audit and investigate compliance with the Anti-Spam Policy at any time, with or without notice.
3.4 We are committed to stemming the flow of Spam that is prohibited by law. However, Our commitment to eliminating Spam goes much further than what the law requires. Spam, in all its forms, is vexatious, and is inconsistent with Our corporate policies. Consistent with this commitment and Our policies, we prohibit types of Spam that have not yet been contemplated by the law, including:
- Spim or instant messenger Spam;
- Spamming of internet newsgroups;
- Spamming on Craigslist or other classified services, except in areas designated for such use;
- Use of any personal service to Spam other members;
- Any other method of Spamming.
3.5 All affiliates, agents, employees or other promoters using any form of electronic commercial mail promotion in violation of this policy agree to indemnify and hold HostJane harmless from any and all claims, charges, counts, debts, suits or other allegations arising from violations of the Act, or other applicable laws regulating transmission of commercial email. HostJane shall provide immediate notice of any and all such claims, however the Site shall select its own attorneys to defend such claims, at the sole and exclusive expense of the affiliate, agent, employee or promoter responsible for the alleged violation.
3.6 Websites advertised via spam (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 Register of Known Spam Operations database (https://www.spamhaus.org/rokso/) may be hosted on Our servers. Any User account which results in Our IP space being blacklisted will be immediately suspended and/or terminated.
3.7 HostJane reserves the right to require changes or disable as necessary, any website, account, database, or other component that does not comply with Our policies, or to make any such modifications in an emergency that we deem necessary at Our sole discretion.
3.8 HostJane reserves the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee or any charges incurred for blacklist removal at Our sole discretion.
4. Specific Prohibited Uses of Hosting Service
Topsites; Internet Relay Chat (IRC) Scripts/Bots; IRCD (irc servers); Proxy Scripts/Anonymizers; Image Hosting Scripts (similar to Photobucket or Tinypic); AutoSurf/PTC/PTS/PPC sites; IP Scanners; Bruteforce Programs/Scripts/Applications; Mail Bombers/Spam Scripts; Banner-Ad services (commercial banner ad rotation); File Dump/Mirror Scripts (similar to rapidshare); Commercial Audio Streaming (more than one or two streams); Escrow/Bank Debentures; High-Yield Interest Programs (HYIP) or Related Sites; Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme); Sale or distribution of any controlled substance without prior proof of appropriate permit(s); Prime Banks Programs; Lottery/Gambling Sites; MUDs/RPGs/PBBGs; Hacker focused sites/archives/programs; Sites promoting illegal activities; Forums and/or websites that distribute or link to warez/pirated/illegal content; Bank Debentures/Bank Debenture Trading Programs; Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com); Mailer Pro; Push button mail scripts; Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc); Tell A Friend Scripts; Anonymous or Bulk SMS Gateways; Bitcoin Miners; PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate progams, etc)
5. Money Lending; Investment services
Securities brokers; mortgage consulting or debt reduction services; credit counselling or repair; real estate opportunities; lending instruments; Money transmitters, check cashing, wire transfers, money orders; currency exchanges or dealers; bail bonds; collections agencies; law firms collecting funds for any purpose other than to pay fees owed to the firm for services provided by the firm (e.g., firms cannot use HostJane to hold client funds, collection or settlement amounts, disputed funds, etc.)
6. Virtual currency or stored value
Virtual currency that can be monetized, resold, or converted to physical or digital products and services or otherwise exit the virtual world (e.g., Bitcoin); sale of stored value or credits maintained, accepted and issued by anyone other than the seller
7. Using HostJane intellectual property without express consent from HostJane;
Use of the HostJane name or logo including use of HostJane trade or Service marks in a manner that otherwise harms HostJane or the HostJane brand; or any action that implies an untrue endorsement by or affiliation with HostJane
8. Counterfeit or unauthorized goods
Unauthorized sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported
Lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance
10. Regulated or illegal products or services
Illicit substances; Marijuana dispensaries and related businesses; sale of tobacco, e-cigarettes, and e-liquid; online pharmacies; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, and radioactive materials; products and services with varying legal status on a state-by-state basis; goods or services, the sale of which is illegal under applicable law in the jurisdictions to which your business is targeted or directed
11. Age-restricted content and services
Pornography and other obscene materials (including literature, imagery and other media); listings or sites offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features;
12. Get rich quick schemes
Investment opportunities or other services that promise high rewards
13. Mug shot publication or pay-to-remove sites
Platforms that facilitate the publication and removal of content (such as mug shots), where the primary purpose of posting such content is to cause or raise concerns of reputational harm
14. No-value-added services
Sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value; sites that we determine in our sole discretion to be unfair, deceptive, or predatory towards consumers
15. Products or services that are otherwise restricted by our Payment Service Provider(s)
Engaging in any form of licensed or unlicensed aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds
17. Drug paraphernalia
Any equipment designed for making or using drugs, such as bongs, vaporizers, and hookahs
18. Unfair, predatory, or deceptive practices
Any content or Services that we believe poses elevated financial risk, legal liability, or violates card network or bank policies;
19. Material Promoting Hate / Violence / Targeting / Discrimination;
Hate Speech; Any content or Service that a. engages in, encourages, promotes or celebrates unlawful violence or physical harm to persons or property, b. Doxxing or trolling; or C. engages in, encourages, promotes or celebrates unlawful violence toward any group based on race, religion, disability, gender, sexual orientation, national origin, or any other immutable characteristic
20. Multi-level marketing
Pyramid schemes, network marketing, and referral marketing programs
21. Pseudo pharmaceuticals
Pharmaceuticals and other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body
22. Social media activity
Sale of Twitter followers, Facebook likes, YouTube views, and other forms of social media activity
23. Substances designed to mimic illegal drugs
Sale of any legal substance that provides the same effect as an illegal drug (e.g., salvia, kratom)
24. Video game or virtual world credits
Sale of in-game currency unless the merchant is the operator of the virtual world
25. Use of HostJane in a manner inconsistent with its intended use or as expressly prohibited in the HostJane General Terms
Use of HostJane principally as a virtual terminal (e.g., submitting card transactions by manually inputting card information); processing where there is no bona fide good or service sold, or donation accepted; card testing; evasion of card network chargeback monitoring programs; sharing cardholder information with another merchant for payment cross-sell product or service
26. Other Prohibited Content
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our Terms of Service or this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice.
B. Defamation Policy
Websites hosted on HostJane's servers in the U.S. are regulated by U.S. law. Accordingly, pursuant to Section 230(c) of the Communications Decency Act, HostJane's policy is not to remove allegedly defamatory material from websites hosted on Our servers unless the material has been found to be defamatory by a court, as evidenced by a court order. As a webhost, HostJane is not a publisher of User content and we are not in a position to investigate the veracity of individual defamation claims. We rely on the legal system and the courts to determine whether or not material is indeed defamatory. In any case in which a court order indicates that material is defamatory, libelous, or slanderous in nature, we will disable access to the material. Similarly, in any case in which a U.S. court has placed an injunction against specified content or material being made available, we will comply and remove or disable access to the material in question.
C. AUP Violations
1. Hosting Users
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.
2. Marketplace Users
Your account 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.
3. Resellers of Hosting Servers
If there is a violation of this AUP by one of a reseller's third-party client accounts, HostJane will suspend the Server in question and will notify the reseller so that the reseller can terminate their third-party client’s account. HostJane may, but is not obligated to, monitor the account or website for any subsequent violations. The occurrence of additional violations may result in the immediate termination of Your reseller account.
D. Failure to Respond to Abuse Department
A failure to respond to an email (or contact request) from Our abuse department within forty-eight (48) hours, or as otherwise specified in the request, may result in the suspension or termination of Your Services. All abuse issues must be dealt with via trouble ticket/email and will receive a response within forty-eight (48) hours.
E. How to Report Abuse to HostJane
If You feel You have discovered a violation of Our AUP please report it to the HostJane team at the bottom of this page.