General Information

As a provider of web and domain hosting and other Internet-related services, Happy Camper Web Hosting (“Happy Camper”) offers its customers the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Happy Camper respects that the Internet provides a forum for free and open discussion and dissemination of information; however, when there are competing interests at issue, Happy Camper reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Happy Camper has developed this Acceptable Use Policy (“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 utilizing Happy Camper’s services. This AUP will be revised from time to time. A customer’s use of Happy Camper’s services after changes to the AUP are posted on the Site constitutes the customer’s acceptance of any new or additional terms of the AUP that result from those changes.

When users obtain information through the Internet, they must keep in mind that Happy Camper cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that users may acquire. When users, customers, or subscribers disseminate information through the Internet, they also must keep in mind that Happy Camper does not review, edit, censor, or take responsibility for any information its users, customers, or subscribers may create. When users 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 Happy Camper’s network and may reach a large number of people, including both customers and subscribers and non-subscribers of Happy Camper, customers’ and subscribers’ postings to the Internet may affect other customers and subscribers and may harm Happy Camper’s goodwill, business reputation, and operations. For these reasons, customers and subscribers violate Happy Camper policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in activities described herein.

Scope

This AUP governs the usage of Happy Camper’s products and services (the “Services”). This AUP is incorporated by reference into each contract Happy Camper enters into with a customer (each, a “Customer”) for the use of such Services. Happy Camper 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 Site so that no person who utilizes the Site (regardless of whether that person is a Customer) may take any action utilizing the Site that a Customer would be prohibited to take utilizing the Services.

Purpose

This AUP governs the usage of Happy Camper’s products and services (the “Services”). This AUP is incorporated by reference into each contract Happy Camper enters into with a customer (“you”, “your”, “user” or “Customer”) for the use of such Services. Happy Camper 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 Site so that no person who utilizes the Site (regardless of whether that person is a Customer) may take any action utilizing the Site that a Customer would be prohibited to take utilizing the Services.

Prohibited Uses

Customers may not:

• Utilize the Services to send unsolicited bulk and/or commercial messages over the Internet (known as “spam” or “spamming”). Please refer to the Anti-Spam Policy.
• Utilize the Services in connection with any illegal activity. Without limiting the general application of this rule, Customers and Users may not:
  • Utilize the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;
  • Utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;
  • Utilize the Services to traffic in illegal drugs, illegal gambling, obscene materials or other products or services that are prohibited under applicable law;
  • Utilize the Services to export encryption software to points outside the United States in violation of applicable export control laws;
  • Utilize the Services to forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message;
  • Utilize the Services in any manner that violates applicable law.
• Utilize the Services in connection with any tortious or actionable activity. Without limiting the general application of this rule, Customers and Users may not engage in or facilitate: AutoSurf/PTC/PTS/PPC sites; IP Scanners; Bruteforce Programs/Scripts/Applications; Mail Bombers/Spam Scripts; Broadcasting or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, etc.); Hacker-focused sites, archives, or programs; Hacking, phishing, spamming, scamming, identity theft, fraud, forgery, deception, virus or malware distribution, network attacks, or interference with any other user’s use of the Services; or the unauthorized access, monitoring, collection, or use of data, systems, or networks.
• Use a shared hosting account as a backup or storage device, with the exception of Plesk backups of the same account. Please do not take backups of your backups.
• Transmit, distribute, or store illegal or fraudulent information or material, or information or material that will infringe or otherwise violate any privacy, intellectual property, publicity, or other personal right, including any copyright, patent, trademark, trade secret, or other proprietary right.
• Engage in offensive activities such as harassment, or transmit or distribute content that is inappropriate, obscene, defamatory, threatening, abusive, that advocates violence, or that violates any law, regulation, or public policy.
• Publish or disseminate information that (A) constitutes slander, libel, or defamation; (B) publicizes the personal information or likeness of a person without that person’s consent; or (C) otherwise violates the privacy rights of any person. Customers may not utilize the Services to threaten persons with bodily harm, make harassing or abusive statements or messages, or solicit the performance of acts or services that are illegal under applicable law.
• Publish, distribute, host, store, or transmit nonconsensual intimate visual depictions (“NCIVD”), including authentic photographs or videos of an identifiable individual depicting nudity or sexually explicit conduct that were obtained or created without that individual’s consent for publication, as well as digitally created or manipulated images and videos (“deepfakes”) of an identifiable individual depicting nudity or sexually explicit conduct, whether or not the individual is a minor. This prohibition applies regardless of whether the content is user-generated or otherwise. Violation of this prohibition may also constitute a federal criminal offense under the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act (TAKE IT DOWN Act, Pub. L. 119-12) and related laws. Happy Camper will respond to valid removal requests for such content in accordance with the TAKE IT DOWN Act Notice and Removal section of the Terms of Service.

Happy Camper has a zero-tolerance policy in effect for adult content. Happy Camper does not allow any content considered “adult material” on its servers. This includes any type of media that may contain nudity, partial nudity, or anything else of an adult nature as determined in Happy Camper’s sole discretion, as well as AI-generated or digitally manipulated intimate imagery, and nonconsensual intimate visual depictions as defined above. Violators of this policy will be immediately terminated without a refund.

• Utilize the Services in connection with any other disruptive or potentially abusive activity. Without limiting the general application of this rule, unacceptable material on our servers includes, without limitation:
  • Topsites
  • Any website related to Cannabis or CBD (strictly forbidden)
  • IRC Scripts/Bots
  • IRCD (IRC servers)
  • Proxy Scripts/Anonymizers
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • 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 Schemes)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • MUDs/RPGs/PBBGs
  • Bank Debentures/Bank Debenture Trading Programs
  • Mailer Pro
  • Push-button mail scripts
  • Tell-A-Friend Scripts
  • Anonymous or Bulk SMS Gateways
  • Bitcoin Miners or cryptocurrency mining scripts
  • PayDay Loan Sites (including any site related to PayDay loans or PayDay loan affiliate programs)
  • AI-generated deepfake creation tools or services designed to produce intimate, deceptive, or non-consensual imagery of identifiable individuals

Covered Platform Obligations

Customers who operate websites, online services, online applications, or mobile applications that (a) primarily provide a forum for user-generated content (including messages, videos, images, games, and audio files) or (b) are in the regular course of trade or business of publishing, curating, hosting, or making available content of nonconsensual intimate visual depictions (each, a “Covered Platform” as defined under Pub. L. 119-12) are solely responsible for their own compliance with the TAKE IT DOWN Act (Pub. L. 119-12) and all other applicable federal and state laws governing nonconsensual intimate imagery and digital forgeries. This includes, without limitation, establishing and operating a notice-and-removal process, removing reported nonconsensual intimate visual depictions within 48 hours of a valid removal request, making reasonable efforts to identify and remove known identical copies, and posting a plain-language description of their removal process. Happy Camper’s hosting infrastructure does not relieve Customers of these obligations. Happy Camper reserves the right to immediately suspend or terminate any Customer account associated with a Covered Platform that fails to comply with applicable law.

Child Pornography Prohibited

Content that is potentially harmful to minors, as determined in Happy Camper’s sole discretion, is strictly forbidden, including but not limited to child pornography, content perceived to be child pornography, and AI-generated or digitally manipulated intimate depictions of minors. Any website found to host such content or linking to such content will be suspended immediately without notice. Happy Camper will report violations to the National Center for Missing and Exploited Children (NCMEC) and cooperate fully with law enforcement.