Acceptable Use Policy

This acceptable use policy defines the terms between you and us under which you may use your hosting services. This acceptable use policy applies to our shared hosting, VPS hosting, email hosting, and reseller hosting.

Your use of our website and services means that you accept, and agree to abide by all the policies in this acceptable use policy, which is in addition to our Terms of Service.

https://pinwheelweb.dev/ and https://ashdavenport.design/ are websites operated by Pinwheel Web Development LLC (“we”, “us”, or “our”)

1. Prohibited Uses

1.1. You may use your hosting services only for lawful purposes. You and each authorized user may not use your services for the following:

  1. In any way that breaches any applicable local, national or international law or regulation, including copyright or other intellectual property law.
  2. In any way that is unlawful, fraudulent or otherwise dishonest, or has any unlawful or fraudulent purpose or effect.
  3. To promote any unlawful activity.
  4. For purposes of harming or attempting to harm minors or any other person in any way.
  5. For using your services in a way intended to harm our network, operations, business, equipment, websites or systems, or the reputation of our company or any other person or entity (including any denial of service and similar attacks).
  6. To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or other form of similar solicitation (spam). Maintaining an open SMTP (Simple Mail Transfer Protocol) relay is also prohibited.
  7. To allow the use of our platform to provide free hosting to your customers because this encourages spamming and other abuses of the platform.
  8. To simulate communications from us or another service or entity in order to collect identify information, authentication credentials, or other information (phishing).
  9. To transmit knowingly any data, send or upload any material that contains viruses or disabling code including trojan horses, worms, time-bombs, ransomware, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software, hardware or firmware.
  10. To represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing.
  11. To gain unauthorized access to or use any computers, data, systems, accounts or networks of any person.
  12. In any manner which may impair any other person’s use of the Services or use any other services provided to us by any other person.
  13. To attempt to circumvent any password or user authentication methods of any person.
  14. In any manner inconsistent with our agreement or inconsistent with any instructions provided by us.

1.2 Our shared hosting services are intended to be used to host websites and similar services. We reserve the right to withdraw support or suspend the service where such plans are:

  1. Used to resell hosting services to third parties (whether you charge for them or not), unless you are using our reseller hosting or have signed an agreement with us.
  2. Used as bulk file/media sharing/streaming services. An example of this would be a collection of bulk files/media being made available to multiple visitors freely or through paid subscription. However, it is permitted to use our hosting service where each collection of data is made available to separate customers; for example, a wedding photographer making particular sets of images or video available to their customers.
  3. Used as storage of bulk files/mail/media for backup or archival reasons.
  4. Used to host personal cloud hosting or office applications such as OwnCloud, NextCloud or similar. (We do offer hosting of these applications, but do not permit you to store or manage your files on-site.)

1.3 We reserve the right to remove backup/archive files over 1GB in size that are older than 7 days. (We will contact you and provide you with 7 days to download the files before they are removed.)

  1. We offer daily backups for free with your hosting which you can access via cPanel.
  2. Additionally, if you require more frequent backups we offer paid backup services with our Web Support. Please contact us to inquire about more frequent backup options for your plan.

2. Communication Standards

2.1 Any data, information or communication made on or using the Services by any person must conform to appropriate and lawful standards of accuracy, decency and lawfulness, which shall be applied in our discretion, acting reasonably. In particular, you warrant and undertake that any data and each such communication shall at all times be:

  1. Submitted lawfully and without infringement of any Intellectual Property Rights of any person;
  2. Free of any virus (at the point of entering of systems);
  3. Factually accurate;
  4. provided with all necessary consents of all relevant third parties;
  5. Not defamatory or likely to give rise to an allegation of defamation;
  6. Not obscene, seditious, vulgar, sexually explicit, pornographic, discriminatory, or deceptive;
  7. Not abusive, threating, offensive, harassing or invasive or privacy;
  8. Not racist, sexist, homophobic, transphobic or xenophobic;
  9. Not liable to offend religious sentiments or deeply held beliefs; and
  10. Unlikely to cause offence, embarrassment or annoyance to any person.

3. Restrictions, Suspension & Termination

3.1 Restrictions to your service will occur automatically if your hosting service disk usage grows abnormally quickly. If this happens, we will apply a storage limit to protect the system from abuse. You will be notified by email, as will our support team, and we will work with you to safely remove the limit.

3.2 Suspension of your services will occur automatically in the following cases:

  1. Payment is overdue. We accept no liability should our inability to take a payment caused an account to become overdue. Please ensure you receive a payment confirmation on the expected date. If you are unable to make payments to your service, please see this article.
  2. Malware or other suspected content has been discovered in your hosting account. Often this is the result of a hijacked website. Please contact our support team and we can assist in recovering your account.
  3. Spam or fraud/phishing email(s) have been sent from your hosting services. This too is often the result of a hijacked website. Please contact our support team and we can assist in recovering your account.
  4. We have received a legal request or DMCA to remove content from your account.

3.3 Notwithstanding the above, failure to comply with this acceptable use policy constitutes a material breach of the terms of service upon which you are permitted to use our services, and may result in us taking all or any of the following actions:

  1. Issue of a warning to you.
  2. Issue of a request to remove email or other media from your account or to upgrade to a VPS solution if your shared hosting account is determined to be over appropriate usage limits.
  3. Immediate, temporary or permanent withdrawal of your right to use our services.
  4. Immediate, temporary or permanent removal of any material from our services.
  5. Legal proceedings against you which may include, but not limited to, recovery of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  6. Notification of law enforcement authorities where we feel this is absolutely necessary.

3.4 We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

4. Changes to the acceptable use policy

4.1 We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you.

4.2 This acceptable use policy was last updated on [12/01/2024]