Acceptable Use Policy (AUP)

This Acceptable Use Policy sets forth guidelines relating to the types of content that you may upload to the web servers under your agreement with ClearDev LLC for web hosting services (the "Services") including the following list of Prohibited Activities, along with our Terms of Service. ClearDev LLC may remove any materials that, in its sole discretion, may be illegal, may subject it to liability, or which may violate this Acceptable Use Policy. ClearDev LLC will cooperate with legal authorities in the investigation of any suspected or alleged crime or civil wrong arising from any use of the Services. Your violation of this Acceptable Use Policy may result in the suspension or termination of either your access to the Services and/or your account or other actions as detailed in the Service Agreement.

1. Acceptable Use

The following constitute violations of this Acceptable Use Policy:

A. Using the Services to transmit or post any material that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated thereunder.

B. Using the Services to harm, or attempt to harm, minors in any way.

C. Using the Services to transmit or post any material that harasses, threatens or encourages bodily harm or destruction of property.

D. Using the Services to make fraudulent misrepresentations or offers including but not limited to offers relating to "pyramid schemes" and "Ponzi schemes."

E. Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of ClearDev LLC or another entity's computer software or hardware, electronic communications system or telecommunications system, whether or not the intrusion results in the corruption or loss of data.

F. Using the Services to transmit or post any material that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying and/or distribution of copyrighted material, the digitization and distribution of photographs from magazines, books, music, video or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

G. Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

H. Using the Services for any activity that adversely affects the ability of other people or systems to use the Services or the Internet. This includes but is not limited to "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited.

I. Sending Unsolicited Bulk Email (”UBE”, “spam”). The sending of any form of Unsolicited Bulk Email through ClearDev LLC's servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a website, email address or utilizing any resource hosted on ClearDev LLC's servers, is prohibited. ClearDev LLC accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.

Unsolicited advertising via email and/or “Spamming” is a violation of State and Federal Law and is otherwise a violation of this agreement. This includes referencing domains hosted on ClearDev LLC servers in said spam. Such prohibited conduct subjects Customer to immediate cessation of service as provided herein and the termination of this agreement without notice. ClearDev LLC reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution. In addition, ClearDev LLC has the right to charge one dollar (US$1.00) per email recipient for any such activity.

J. Mass mailings, scripts that send out mass mailings or any other kind of high-volume mailing activities are not allowed on our servers. Purchasing lists of email addresses from 3rd parties for mailing to from any ClearDev LLC-hosted domain, or referencing any ClearDev LLC account, is prohibited.

K. Using a non-existing email return address on a commercial solicitation, spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user), trolling (posting outrageous messages to generate numerous responses, mailbombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person's permission or attempting without authorization to enter into a secured computer system. ClearDev LLC reserves the right to determine what is internet abuse.

L. We do not host porn/adult websites. We do allow erotic photography, erotic art and other adult material. You are responsible for making sure that you provide proper warnings and disclaimers concerning the contents of your website. Our definition of a porn website is a website that sells memberships to access adult images and video or a website that is solely setup to distribute adult images and video. Most porn websites in general tend to have a heavy load on the server because they attempt to attract as much traffic as possible to the website and the visitors to these websites in turn download a high volume of files. We avoid hosting any websites that may have a adverse affect on the performance of our servers and the websites they host.

The Customer expressly understands and agrees that ClearDev LLC is not liable for legal action taken against Customer websites that have content featuring nudity and/or of a sexual nature.

M. Using ClearDev LLC's Services to interfere with the use of the ClearDev LLC network or servers by other customers or authorized users.

N. Tortious conduct such as posting of defamatory, libelous, slanderous, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyright, or other intellectual property right.

O. Any other misuses of the system resources, such as employing scripts or programs which consume excessive CPU time or storage space, permitting use of mailservers, mail forwarding capabilities, POP accounts, file managers, autoresponders or resale/outsource of access to scripts installed on our servers.

P. Attempting without authorization to enter into a secured computer system. Malicious hacking, cracking or otherwise altering of a website owned and operated by another person. ClearDev LLC reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution.

Q. Script sharing with other domains is not permitted. Any scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

R. Shell emulators, virtual servers, file systems or system binaries are not allowed on our servers.

S. We do not allow websites that provide banner ad services outside websites.

Customer Responsibility for Customer's Users

Each ClearDev LLC customer is responsible for the activities of its users and, by accepting service from ClearDev LLC, is agreeing to ensure that its customers, representatives or end-users abide by this Policy. Complaints about customers, representatives or end-users of an ClearDev LLC customer will be forwarded to the ClearDev LLC customer's primary contact for action. If violations of the ClearDev LLC Acceptable Use Policy occur, ClearDev LLC reserves the right to terminate services with or take action to stop the offending customer from violating ClearDev LLC's AUP as ClearDev LLC deems appropriate, without notice.

2. Reporting of Violations of This Acceptable Use Policy

ClearDev LLC requests that anyone who believes that there has been a violation of this Acceptable Use Policy to immediately send an email detailing such violation to abuse@cleardev.net.

3. Revisions to This Acceptable Use Policy

ClearDev LLC may revise, amend or modify this Acceptable Use Policy at any time and in any manner, effective upon posting at http://cleardev.net/aup.php.