This file was last modified: July 23, 2017
1.) General Information
As used herein, the term "Subscriber" or "Subscribers" shall include any and all users, customers, subscribers, affiliates (including without limitation customers or non-customers to whom Lumina Hosting provides links or banners to promote the services or products of Lumina Hosting or any third party the services or products of which are offered by or obtained through or in connection with Lumina Hosting), resellers or others (i) who sign up for, use or obtain services or products from Lumina Hosting or from any third party services or products of which are offered by or obtained through or in connection with Lumina Hosting, or (ii) who visit the Web site of Lumina Hosting Web Hosting or of any such third party. As a provider of Internet/World Wide Web access, Web site hosting, and other Internet-related services, Lumina Hosting, ("Lumina Hosting") offers Subscribers, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Lumina Hosting respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Lumina Hosting reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Lumina Hosting has developed this Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each Subscriber's respective service agreement and is intended as a guide to the Subscriber's rights and obligations when utilizing Lumina Hosting's services. This AUP will be revised from time to time. A Subscriber's use of Lumina Hosting's services after changes to the AUP are posted on Lumina Hosting Web Hosting's Web site, under the Terms of Service section, will constitute the Subscriber's acceptance of any new or additional terms of the AUP that result from those changes. 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 judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When Subscribers or others obtain information through the Internet, they must keep in mind that Lumina Hosting cannot and does not monitor, verify, warrant, or vouch for the accuracy and quality of the information that users may acquire. For this reason, the user must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because Lumina Hosting cannot monitor or censor the Internet, and will not attempt to do so, Lumina Hosting cannot and does not accept any responsibility for injury to its Subscribers or others that results from inaccurate, unsuitable, offensive, or illegal Internet communications. When Subscribers or others disseminate information through the Internet, they also must keep in mind that Lumina Hosting does not review, edit, censor, or take responsibility for any information its users, customers, subscribers or others may create. When Subscribers or others place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Lumina Hosting's network and may reach a large number of people, including both Subscribers and subscribers and non-subscribers of Lumina Hosting, Subscribers' postings to the Internet may affect others and may harm Lumina Hosting's goodwill, business reputation, and operations. For these reasons, Subscribers violate Lumina Hosting policy and the service agreement when they, their users, customers, subscribers, employees, affiliates, or subsidiaries engage in activities described herein.
This AUP governs the usage of products and services of Lumina Hosting or of any third party which are subscribed to or obtained through Lumina Hosting (the "Services"). This AUP is incorporated by reference into each contract Lumina Hosting or any such third party enters into with a Subscriber for the use of such Services. Lumina Hosting may modify this AUP at any time without notice. In addition, this AUP is incorporated by reference into the Terms of Service applicable to the Web site of Lumina Hosting Web Hosting so that no person who utilizes the Web site or services of Lumina Hosting Web Hosting (regardless of whether that person is a Subscriber) may take any action utilizing the Web site of Lumina Hosting Web Hosting that a Subscriber would be prohibited to take utilizing the Services.
The purpose of this AUP is to enhance the quality of the Services and to protect Subscribers, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This AUP applies to each Subscriber. Each Subscriber should use common sense and good judgment in connection with the Services. Parents or guardians should always supervise minors in using the Internet. Parents and guardians should remain aware at all times of what is on the Internet and how the minors under their care are using the Services and the Internet.
4.) Site Security and Updates
Lumina Hosting uses sophisticated means of security in connection with the Services. Notwithstanding the foregoing, it is exclusively Subscriber's obligation to maintain and control passwords to Subscriber's web site(s), and Subscriber exclusively is responsible for all activities that occur in connection with Subscriber's user name, password, and registered domain name(s), as well as any and all scripts or programs added to the account by the Subscriber or authorized users. Subscriber agrees to immediately notify Lumina Hosting of any unauthorized uses of the Service or any other breaches of security. It is exclusively Subscriber's responsibility to update and secure any programs or scripts available via the cPanel interface. Subscriber's failure to update and secure any programs or scripts available via the cPanel interface may result in Lumina Hosting either updating the programs and scripts or suspending your account services until they are updated. Lumina Hosting will not be liable for any loss or damages of any kind, under any legal theory, caused by Subscriber's failure to comply with any of the foregoing security obligations or caused by any person to whom Subscriber grants access to Subscriber's Services, or due to any updates performed by Lumina Hosting pursuant to the terms of this section.
5.) VPS and Dedicated Hosting Password Policy
Lumina Hosting reserves the right to reset the password on a VPS or dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the Subscriber to ensure that there is a valid email address and current root password for the Subscriber's server on file to prevent downtime from forced password resets. Lumina Hosting reserves the right to audit servers and perform administrative actions as needed. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed and your password is found to be weak, we will notify you to change/update your password.
6.) Prohibited Uses
The uses of Lumina Hosting Services set forth in this section 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 Lumina Hosting) constitutes a material breach of these Terms and will subject Subscriber's account to immediate termination without notice and without any refund.
1.) Spamming. Spamming, whether or not it overloads the Services or disrupts service to Lumina Hosting'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. Lumina Hosting requires that all email messages contain an automated opt out. We do not allow purchased lists. Lumina Hosting's Subscribers are required to follow all rules in the Can Spam Act (additional information at: http://business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business ) as well as our company spam rules. Lumina Hosting 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, Lumina Hosting allows a MAXIMUM of 500 emails per hour to be sent from any individual hosting account.
2.) Online Pharmacies. No Subscriber may utilize the Services to engage in the illegal distribution of prescription medications, including, but not limited to, promotion, marketing, or sale of prescription medications without a valid prescription.
3.) 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.
4.) Profanity. Profanity or profane subject matter in the site content and in the domain name are prohibited.
5.) Private Information and Images. Subscribers may not post or disclose any personal or private information about or images of children or any third party without the consent of said party (or a parent's consent in the case of a minor).
6.) 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. Lumina Hosting 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 (please see the Copyright Claims Policy for more information).
7.) 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.
8.) Viruses and Other Destructive Activities. Use of the Services for creating or sending Internet viruses, 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.
9.) 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.
10.) Anonymous Proxies. Lumina Hosting 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.
11.) Export Control Violations. The exportation of encryption software outside of the United States and/or violations of United States law relating to the exportation of software is prohibited. Subscriber may not export or transfer, directly or indirectly, any regulated product or information to anyone outside the United States without complying with all applicable statues, codes, ordnances, regulations, and rules imposed by U.S. federal, state or local law, or by any other applicable law.
12.) Child Pornography. The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Lumina Hosting 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.
13.) Other Illegal Activities. The use of the Services to engage in any activity that is determined by Lumina Hosting, 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, failure to comply with applicable on-line privacy laws or any executive orders, as well as any rules, regulations or orders issued by the Office of Foreign Asset Controls ("OFAC"). Lumina Hosting will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
14.) Obscene, Defamatory, Abusive or Threatening Language. Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.
15.) BACKUP STORAGE. Lumina Hosting OFFERS ITS SERVICES TO HOST WEB SITES, NOT TO STORE DATA. USING AN ACCOUNT AS AN ONLINE STORAGE SPACE FOR ARCHIVING ELECTRONIC FILES IS PROHIBITED AND WILL RESULT IN TERMINATION OF HOSTING SERVICES WITHOUT PRIOR NOTICE.
16.) Other Activities. Engaging in any activity that, in Lumina Hosting's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, Lumina Hosting's business, operations, reputation, goodwill, Subscribers and/or Subscriber relations, or the ability of Lumina Hosting'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 Lumina Hosting 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.
17.) Dedicated and VPS Hosting. All of the activities listed in this section are also prohibited on Dedicated and VPS Hosting accounts, with the exception of the activities described in the "BACKUP STORAGE" paragraph.
18.) HIPAA Disclaimer. We are not "HIPAA compliant." Users are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. Users acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Lumina Hosting does not control or monitor the information or data you store on, or transmit through, our Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act ("HIPAA"). Customers requiring secure storage of "protected health information" under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to "protected health information," as defined under HIPAA is a material violation of this User Agreement, and grounds for immediate account termination. We do not sign "Business Associate Agreements" and you agree that Lumina Hosting is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, please contact our Technical Support team.
19.) Unacceptable material. Topsites, 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)
7.) Resource Usage
You may not (VPS / Dedicated Servers Exempt):
a.) Use twenty-five percent (25%) or more of our system resources for longer than ninety (90) seconds at a time. Activities that could cause this excessive use, include but are not limited to: CGI scripts, FTP, PHP, HTTP, etc.
b.) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c.) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d.) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e.) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
f.) Participate in any file-sharing/peer-to-peer activities
g.) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
h.) Run cron entries with intervals of less than fifteen (15) minutes.
i.) Run any MySQL queries longer than fifteen (15) seconds. MySQL tables should be indexed appropriately.
j.) Include the URL when using PHP include functions for including a local file. Instead of including 'http://yourdomain.com/include.php', use 'include.php' or '/home/username/public_html/include.php'.
k.) Force html to handle server-side code (like php and shtml) to help reduce usage.
VPS accounts may not:
exceed a 15 minute load average greater than two (2) times the amount of CPU cores given.
The use of more than two hundred and fifty thousand (250,000) inodes on any shared or reseller account may result in a warning, and if no action is taken to reduce the excessive use of inodes, your account may be suspended. If an account exceeds one hundred thousand (100,000) inodes it will be automatically removed from our backup system to avoid over-usage, however, databases will still be backed up as a courtesy in our sole discretion. Every file (i.e. a webpage, image file, email, etc.) on your account uses up one (1) inode.
User accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes is typically due to Users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past an acceptable amount of inodes. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: ":fail: No such user here".
8.) AUP Violations
If there is a violation of this AUP by one of a reseller's client's account, Lumina Hosting will suspend the website in question and will notify the reseller so that the reseller can terminate the account. Lumina Hosting 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.
b.) Direct customers
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.
c.) A failure to respond to an email from our abuse department within forty-eight (48) hours, or as otherwise specified in the email, 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.
d.) If you feel you have discovered a violation of our AUP please report it to: email@example.com.