Breach of Terms and Account Termination
The uses of Gesatech Services set forth in this section 8 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 Gesatech) constitutes a material breach of these Terms and will subject Subscriber’s account to immediate termination without notice.
- Excessive Resource Usage. Execessive resource usage constitutes any activity that causes a subscriber’s account to consume more than 10% of CPU and Memory in a shared resource environment. Any activity that overloads the servers or disrupts other Gesatech Subscribers’ use of network resources, be they caused by poorly coded scripts, bulk emailing, large website traffic etc is strictly not allowed and will result in account termination without prior notice.
- Spamming. Spamming, whether or not it overloads the Services or disrupts service to Gesatech’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. Gesatech requires that all email messages contain an automated opt out. We do not allow purchased lists. Gesatech’s Subscribers are required to follow all rules in the Can Spam Act (http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm) as well as our company spam rules. Gesatech 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, Gesatech allows a MAXIMUM of 200 emails per hour to be sent from any individual hosting account.
- Mailing Lists. Gesatech allows legitimate, double opt-in mailing lists of 4,300 maximum on shared hosting accounts. Mailing lists greater than 4,300 are prohibited as they exceed the allowed maximum of 200 outgoing emails per hour and cause significant server overload. See this guide for how to configure a mailing list for problem-free email delivery: https://gesatech.net/knowledgebase/197/Mailing-Lists.html
- Backup Storage. Gesatech offers its hosting services to host web sites, not to store data. Using a hosting account as an online storage space for archiving electronic files is prohibited and will result in termination of hosting services without prior notice. Subscriber is however at liberty to use all accounts for their intended purposes as advertised by Gesatech.
- 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 adult related.
- Profanity. Profanity or profane subject matter in the site content and in the domain name is prohibited.
- Private Information and Images. Subscribers may not post or disclose any personal or private information about or images of adults and children or any third party without the consent of said party (or a parent’s consent in the case of a minor).
- 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. Gesatech 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 (see “Copyright Infringement Notice Information” below).
- 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.
- Viruses and Other Destructive Activities. Use of the Services for creating or sending Internet viruses, malware, 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. Rapid Leech is expressly prohibited.
- Hacking. “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.
- Anonymous Proxies. Gesatech 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.
- Child Pornography. The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Gesatech 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.
- Other Illegal Activities. The use of the Services to engage in any activity that is determined by Gesatech, 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, and failure to comply with applicable on-line privacy laws. Gesatech will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
- Obscene, Defamatory, Abusive or Threatening Language. Use of the Services to store, post, transmit, display or otherwise make available obscene (including adult pornography), defamatory, harassing, abusive or threatening language is prohibited.
- Other Activities. Engaging in any activity that, in Gesatech’s sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, Gesatech’s business, operations, reputation, goodwill, Subscribers and/or Subscriber relations, or the ability of Gesatech’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 Gesatech 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.