Acceptable Use Policy

HostBrew, LLC - Acceptable Use Policy

Last updated: January 1, 2015
As a provider of web hosting and other Internet-related services, HostBrew, LLC (also known as "HostBrew") offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. HostBrew respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests, HostBrew reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, HostBrew has developed this Acceptable Use Policy (also known as "AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using HostBrew services. This AUP will be revised from time to time, the “Last updated” will be updated as well previous copies will be available for review.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgement and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers or end users obtain information through the Internet, they must keep in mind that HostBrew cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgement in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because HostBrew cannot monitor or censor the Internet, and will not attempt to do so, HostBrew cannot accept any responsibility resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers or end users disseminate information from the Internet, they must keep in mind that HostBrew does not review, edit, censor or take responsibility for any information its subscribers may create. Also, because the information created is carried over HostBrew's network and may reach a large number of people, including both subscribers and non-subscribers of HostBrew' subscribers' postings to the Internet may affect other subscribers and may affect HostBrew' goodwill, business, reputation or operations. For these reasons, subscribers must adhere to HostBrew policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

IRC: We do allow IRC or IRC bots to be operated on our servers.
Spamming: We do not allow sending of unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer and its attitudes toward HostBrew but also because it can put an unwanted load on HostBrew' systems, affecting service to HostBrew' subscribers. Maintaining an open SMTP relay is prohibited. When a complaint is received, HostBrew will investigate. An administrate fee of $50 will be charged for violating this policy.
Audio/Video Streaming: Audio/Video Streaming puts heavy load on HostBrew' network and systems. We suggest you inquire with us directly so that we can help you manage this kind of activity from becoming costly. We, however, DO NOT restrict streaming of audio or video content.
Adult-Oriented Content: HostBrew does allow adult content. We understand that this may offend some people however we are serious about keeping the internet open and free. However, we do not allow adult sites to relay users to malware, spyware or otherwise damaging to the end user. If HostBrew uncovers such damaging actions the subscribers account will be suspended and charged a $50 mitigate fee. Please email abuse@hostbrew.com if you feel someone is abuse our adult policy.
Large File Policy: HostBrew does allowed file hosting and distribution. We do not limit you in any way. We also can offer some file hosting and distribution technology (ownCloud, NAS, etc).
Obscene Speech or Materials: Using HostBrew's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. HostBrew is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network and will suspend the account without notice
Illegal or Unauthorized Access to Other Computers or Networks: You may NOT access, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system. Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity)
Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities: You may NOT distribute information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.
Facilitation a Violation of this AUP: Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.
Other Illegal Activities: Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.
Other Activities: Engaging in activities, whether lawful or unlawful, that HostBrew determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. HostBrew will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with HostBrew' policy or applicable law. However, when HostBrew becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by HostBrew.
HostBrew is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching HostBrew' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. HostBrew does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. HostBrew reserves the right to directly take action against a customer of its subscribers. Also, HostBrew may take action against the HostBrew' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, HostBrew anticipates that subscribers who offer Internet services will cooperate with HostBrew in any corrective or preventive action that HostBrew deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of HostBrew policy.

HostBrew will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. HostBrew may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, HostBrew may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. HostBrew assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, HostBrew may disclose subscriber information or information transmitted over its network where necessary to protect HostBrew and others from harm, or where such disclosure is necessary to the proper operation of the system. However, HostBrew will never sell information to other services or outside companies.

HostBrew expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate HostBrew policy. Finally, HostBrew wishes to emphasize that, in signing the Service Agreement, subscribers indemnify HostBrew for any violation of the Service Agreement, law or HostBrew policy resulting in loss to HostBrew or the bringing of any claim against HostBrew by any third party. This means that, if HostBrew is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against HostBrew, LLC, plus costs and reasonable attorney's fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including HostBrew and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to abuse@hostbrew.com.

DMCA (Digital Millennium Copyright Act) Please mail DMCA notices to:
HostBrew, LLC
620 Park Ave
Suite 396
Rochester, NY 14607