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ACCEPTABLE USE POLICY
Our Acceptable Use Policy ("AUP") is provided to give our customers and
users a clear understanding of what we expect of them while using the
service. All users of our services: those who access some of our Services
but do not have accounts, as well as those who pay a service fee to
subscribe to the Services, must comply with this AUP and our TOS (Terms of
Service).
Use of our Service constitutes acceptance and agreement to The AUP as well
as The TOS (Terms of Service)
We support the uncensored flow of information and ideas over the Internet
and do not actively monitor subscriber activity under normal circumstances.
Similarly, we do not exercise editorial control over the content of any web
site, e-mail transmission, newsgroups, or other material created or
accessible over or through the services, except for certain proprietary Web
sites. However, in accordance with our TOS (Terms of Service), we may remove
any materials that, in our sole discretion, may be illegal, may subject us
to liability, or which may violate this AUP. We may cooperate with legal
authorities and/or third parties in the investigation of any suspected or
alleged crime or civil wrongdoing. Your violation of this AUP may result in
the suspension or immediate termination of either your account or other
actions as detailed in Section 3 WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understand of our Acceptable
Use Policy. The following are guidelines for the establishment and
enforcement of the AUP:
Ensure reliable service to our customers
Ensure security and privacy of our systems and network, as well as the
networks and systems of others
Comply with existing laws
Maintain our reputation as a responsible service provider
Encourage responsible use of the Internet and discourage activities which
reduce the usability and value of Internet services
Preserve the value of Internet resources as a conduit for free expression
and exchange of information
Preserve the privacy and security of individual users
We intend to provide our customers access to everything the Internet has to
offer. While we are firmly committed to the principles of free speech,
certain activities that may be damaging to the resources of both us and the
Internet and cannot be permitted under the guise of free speech. The
resources of us and the Internet are limited, and abuse of these resources
by one user has a negative impact on the entire community.
We do not routinely monitor the activity of accounts except for measurements
of system utilization and the preparation of billing records. However, in
our efforts to promote good citizenship within the Internet community, we
will respond appropriately if we become aware of inappropriate use of our
service.
You may not use your dedicated rack or virtual site to publish material,
which we determine, at our sole discretion, to be unlawful, indecent or
objectionable. For purposes of this policy, "material" refers to all forms
of communications including narrative descriptions, graphics (including
photographs, illustrations, images, drawings, logos), executable programs,
video recordings, and audio recordings.
If an account is used to violate the Acceptable Use Policy or our TOS, we
reserve the right to terminate your service without notice. We prefer to
advise customers of inappropriate behavior and any necessary corrective
action, however, flagrant violations of the Acceptable Use Policy will
result in immediate termination of service. Our failure to enforce this
policy, for whatever reason, shall not be construed as a waiver of our right
to do so at any time.
As a member of our network community, you must use your Internet access
responsibly. If you have any questions regarding this policy, please contact
us.
VIOLATIONS OF The ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
Illegal use: Our services may not be used for illegal purposes, or in
support of illegal activities. We reserve the right to cooperate with legal
authorities and/or injured third parties in the investigation of any
suspected crime or civil wrongdoing.
Harm to minors: Use of our service to harm, or attempt to harm, minors in
any way, including, but not limited to child pornography.
Threats: Use of our service to transmit any material (by e-mail, uploading,
posting or otherwise) that threatens or encourages bodily harm or
destruction of property.
Harassment: Use of our service to transmit any material (by e-mail,
uploading, posting or otherwise) that harasses another.
Fraudulent activity: Use of our service to make fraudulent offers to sell or
buy products, items, or services, or to advance any type of financial scam
such as "pyramid schemes," "ponzi schemes," and "chain letters."
Forgery or impersonation: Adding, removing or modifying identifying network
header information in an effort to deceive or mislead is prohibited.
Attempting to impersonate any person by using forged headers or other
identifying infrmation is prohibited. The use of anonymous remailers or
nicknames does not constitute impersonation.
Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of our
service to transmit any unsolicited commercial or unsolicited bulk e-mail is
expressly prohibited. Violations of this type will result in the immediate
termination of the offending account.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services on their server
that support spammers or cause any of our IP space to be listed in any of
the various Spam Databases will have their server immediately removed from
our network. The server will not be reconnected until such time that you
agree to remove ANY and ALL traces of the offending material immediately
upon reconnection and agree to allow us access to the server to confirm that
all material has been COMPLETELY removed. Severe violations may result in
immediate and permanent removal of the server from our network without
notice to the customer. Any server guilty of a second violation WILL be
immediately and permanently removed from our network without notice.
E-mail / News Bombing: Malicious intent to impede another person's use of
electronic mail services or news will result in the immediate termination of
the offending account.
E-mail / Message Forging: Forging any message header, in part or whole, of
any electronic transmission, originating or passing through our service is
in violation of this AUP.
Usenet SPAMing: We have a zero tolerance policy for the use of its network
for the posting of messages or commercial advertisements, which violate the
rules, regulations, FAQ or charter of any newsgroups or mailing list.
Commercial messages that are appropriate under the rules of a newsgroup or
mailing list or that are solicited by the recipients are permitted.
Unauthorized access: Use of our service to access, or to attempt to access,
the accounts of others, or to penetrate, or attempt to penetrate, security
measures of ours 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, is expressly
prohibited and the offending account is subject to immediate termination.
Copyright or trademark infringement: Use of the service to transmit any
material (by e-mail, uploading, posting or otherwise) that infringes any
copyright, trademark, patent, trade secret or other proprietary rights of
any third party, including, but not limited to, the unauthorized copying of
copyrighted material, the digitization and distribution of photographs from
magazines, books, or other copyrighted sources, and the unauthorized
transmittal of copyrighted software.
Collection of personal data: Use of the service to collect, or attempt to
collect, personal information about third parties without their knowledge or
consent.
Network disruptions and unfriendly activity: Use of the service for any
activity which affects the ability of other people or systems to use our
Services or the Internet. This includes "denial of service" (DOS) attacks
against another network host or individual user. Interference with or
disruption of other network users, services or equipment is prohibited. It
is the Member's responsibility to ensure that their network is configured in
a secure manner. A Subscriber may not, through action or inaction, allow
others to use their network for illegal or inappropriate actions. A
Subscriber may not permit their network, through action or inaction, to be
configured in such a way that gives a third party the capability to use
their network in an illegal or inappropriate manner. Unauthorized entry
and/or use of another company and/or individual's computer system will
result in immediate account termination. We will not tolerate any subscriber
attempting to access the accounts of others, or penetrate security measures
of other systems, whether or not the intrusion results in corruption or loss
of data.
Fraud: Involves a knowing misrepresentation or misleading statement, writing
or activity made with the intent that the person receiving it will act upon
it.
Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual
Property Right: Distribution and/or posting of copyrighted or the
aforementioned infringements will not be tolerated.
Distribution of Viruses: Intentional distributions of software that attempts
to and/or causes damage, harassment, or annoyance to persons, data, and/or
computer systems are prohibited. Such an offense will result in the
immediate termination of the offending account.
Inappropriate Use of Software: Use of software or any device that would
facilitate a continued connection, i.e. pinging, while using our services
could result in suspension of service.
No user is allowed to use more than 2% of the server's resources. In the
event there is a problem the account holder will be notified. If the user
continues to use more than 2% of the server's resources the account will be
suspended and even terminated without notice. *For reference that average
medium traffic site uses about .5%.
Third Party Accountability: Our subscribers will be held responsible and
accountable for any activity by third parties, using their account, that
violates guidelines created within the Acceptable Use Policy.
Violation Of our Virtual Accounts: It is absolutely forbidden to host
pornographic content or IRC servers on Virtual Server Accounts. Virtual
Server Accounts found hosting this material will be subject to immediate
cancellation without refund.
IRC networks: It is absolutely forbidden to host an IRC server that is part
of or connected to another IRC network or server. Servers found to be
connecting to or part of these networks will be immediately removed from our
network without notice. The server will not be reconnected to the network
until such time that you agree to completely remove any and all traces of
the irc server, and agree to let us have access to your server to confirm
that the content has been completely removed. Any server guilty of a second
violation will result in immediate account termination.
Unlimited Accounts: Unlimited Accounts are indeed unlimited. These accounts
are not to be used to host a collection of MP3's, Warez, or to Backup Your
Home Computer. These accounts may also not be used as a download
distribution point for your bundled software. It is to be used for standard
web practices and only standard web practices. If you have a questionable
concern please contact us. If you know your site is going to use an
un-normal usage, and sign up knowing this, we will require you to get a
dedicated server. If you have any questions in regards to this please
contact us. Un-Normal usage is anything that a shared server would not be
able to provide. Again, contact us for approval if you feel you will fall
into this clause.
Resellers: Resellers are responsible for enforcing the AUP and TOS to all of
their clients. If their clients are found to be not following them, We will
suspend the offending site and let the reseller know. Resellers are
responsible for anything their clients do. If you have any questions or
concerns in regards to what is allowed and not allowed please contact us.
Streaming Video and Audio: Streaming Video and Audio is not permitted on our
servers. You must zip the content to prevent this if you wish to have it
hosted, and as everything else this content must be legal content and can
not have someone else's copyright.
Egg Drop - Egg Drop Scripts are Not allowed, These are grounds for immediate
account deletion without a refund.
Free Hosting - Due to the spamming and abusive reputation of "Free
Hosting Accounts" adding hosting accounts for third parties for no
consideration or monetary price is strictly prohibited. This also applies to
giving away email accounts to non trusted parties.
Any violation of eVirtualWebHost's Terms of Service Agreement shall result
in no refund and immediate termination.
Legal - If it is not legal in the United States of America, It is not
permitted to reside on our server. If found, the account will be suspended.
Adult Material - Adult Material is not allowed, unless specified in your
package deal or in the auction you may have bought from. Sites that contain
adult material that is not on an adult approved server/package, the site
will be suspended.
Chinese Forums - Chinese Forums are not allowed on our network. These sites
require to much CPU usage. They almost require a dedicated server to run
properly. If they are found on any server we will suspend them, and charge
an admin fee if they are the cause of a CPU overloaded. Admin charges are
usually about 25$ Per Hour.
ANIME - Anime Sites are not allowed on our network. If an Anime Site is
found we will terminate the account. These sites are not allowed on the
server because about 95% of them are illegal.
Security
You are responsible for any misuse of your account, even if the
inappropriate activity was committed by a friend, family member, guest or
employee. Therefore, you must take steps to ensure that others do not gain
unauthorized access to your account. In addition, you may not use your
account to breach security of another account or attempt to gain
unauthorized access to another network or server.
Your password provides access to your account. It is your responsibility to
keep your password secure.
Sharing your password and account access with unauthorized users is
prohibited. You should take care to prevent others from using your account
since you will be held responsible for such use.
Attempting to obtain another user's account password is strictly prohibited,
and may result in termination of service.
You must adopt adequate security measures to prevent or minimize
unauthorized use of your account.
You may not attempt to circumvent user authentication or security of any
host, network or account. This includes, but is not limited to, accessing
data not intended for you, logging into or making use of a server or account
you are not expressly authorized to access, or probing the security of other
networks. Use or distribution of tools designed for compromising security is
prohibited. Examples of these tools include, but are not limited to,
password guessing programs, cracking tools or network probing tools.
You may not attempt to interfere with service to any user, host or network
("denial of service attacks"). This includes, but is not limited to,
"flooding" of networks, deliberate attempts to overload a service, and
attempts to "crash" a host.
Users who violate systems or network security may incur criminal or civil
liability. We will cooperate fully with investigations of violations of
systems or network security at other sites, including cooperating with law
enforcement authorities in the investigation of suspected criminal
violations.
Network Performance
Our accounts operate on shared resources. Excessive use or abuse of these
shared network resources by one customer may have a negative impact on all
other customers. Misuse of network resources in a manner which impairs
network performance is prohibited by this policy and may result in
termination of your account.
You are prohibited from excessive consumption of resources, including CPU
time, memory, disk space and session time. You may not use
resource-intensive programs which negatively impact other customers or the
performances of our systems or networks. We reserve the right to terminate
or limit such activities.
REPORTING VIOLATIONS OF The AUP
We request that anyone who believes that there is a violation of this AUP
direct the information to us by email immediately.
If available, please provide the following information:
The IP address used to commit the alleged violation
The date and time of the alleged violation, including the time zone or
offset from GMT
Evidence of the alleged violation
E-mail with full header information provides all of the above, as do system
log files. Other situations will require different methods of providing the
above information. We may take any one or more of the following actions in
response to complaints:
Issue written or verbal warnings
Suspend the Member's newsgroup posting privileges
Suspend the Member's account
Terminate the Member's account
Bill the Member for administrative costs and/or reactivation charges
Bring legal action to enjoin violations and/or to collect damages, if any,
cause by violations
REVISIONS TO THIS ACCEPTABLE USE POLICY
We reserve the right to revise, amend, or modify this AUP, our TOS (Terms of
Service) and our other policies and agreements at any time and in any
manner. Notice of any revision, amendment, or modification will be posted in
accordance with our TOS (Terms of Service).
TERMS OF SERVICE
IMPORTANT NOTICE: *All Payments Are Non-Refundable*
We ("The Company") agree to furnish services to the Subscriber, subject to
the following TOS (Terms of Service).
Use of our Service constitutes acceptance and agreement to our AUP as well
as our TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service)
and AUP (Acceptable Use Policy). The AUP may be changed from time to time at
the discretion of the Company. Subscriber understands that change to the AUP
by the Company shall not be grounds for early contract termination or
non-payment.
This Agreement shall be construed in all respects in accordance with the
laws of the state of Texas, county of Harris applicable to contracts
enforceable in that state. Venue will be Harris County, Texas
Disclosure to Law Enforcement: The AUP specifically prohibits the use of our
service for illegal activities. Therefore, Subscriber agrees that the
Company may disclose any and all subscriber information including assigned
IP numbers, account history, account use, etc. to any law enforcement agent
who makes a written request without further consent or notification to the
Subscriber. In addition we shall have the right to terminate all service set
forth in this Agreement.
Service Rates: Subscriber acknowledges that the nature of the service
furnished and the initial rates and charges have been communicated to
Subscriber. Subscriber is aware that the Company may prospectively change
the specified rates and charges from time to time. The promotional offer is
contingent upon Company achieving and maintaining its cost of service goals
including but not limited to rates charged to company by its suppliers.
Payment: Establishment of this service is dependent upon receipt by the
Company of payment of stated charges. Subsequent payments are due on the
anniversary date of the month for that month's service.
Payments and Fees: Service will be interrupted on accounts that reach 7 days
past due. Service interrupted for nonpayment is subject to a $50 reconnect
charge. Accounts that are not collectable by us may be turned over to an
outside collection agency for collection. If your account is turned over for
collection, you agree to pay the company a "Processing and Collection" Fee
of not less than $50 nor more than $150. If you desire to cancel your
account, please follow the proper procedure to do this as outlined in this
TOS.
Refund and Disputes: All payments to us are nonrefundable. This includes the
one time setup fee, if applicable, and subsequent charges regardless of
usage. All overcharges or billing disputes must be reported within 30 days
of the time the dispute occurred. If you dispute a charge to your credit
card issuer that, in our sole discretion is a valid charge under the
provisions of the TOS and /or AUP, you agree to pay us an "Administrative
Fee" of not less than $50 and not more than $150.
Failure to Pay: The Company may temporarily deny service or terminate this
Agreement upon the failure of Subscriber to pay charges when due. Such
termination or denial will not relieve Subscriber of responsibility for the
payment of all accrued charges, plus reasonable interest and any collection
fees.
Account Cancellation: Requests for canceling accounts may be made in writing
with at least 30 days notice but not more than 60 days prior written notice
by email. Our hosting service is a month-to-month payment commitment. If you
wish not to be billed for the following month of service, you must cancel
your service before the beginning of your next billing cycle (which date is
supplied to you in your account's monthly statement).
We do suggest that you submit your cancellation request 1-2 business days
before your next billing cycle to insure that you will not be billed. If you
decide to cancel your account after the beginning of your billing cycle,
your account will expire at the end date as you will have already been
billed for that month of service.
Subscriber acknowledges that the service provided is of such a nature that
service can be interrupted for many reasons other than the negligence of the
company and that damages resulting from any interruption of service are
difficult to ascertain. Therefore, subscriber agrees that the company shall
not be liable for any damages arising from such causes beyond the direct and
exclusive control of the company. Subscriber further acknowledges that the
company's liability for its own negligence may not in any event exceed an
amount equivalent to charges payable by subscriber for services during the
period damages occurred. In no event shall the company be liable for any
special or consequential damages, loss or injury.
Support Boundaries: We provide technical support to our subscribers (except
for few holidays and short company meetings when we close our center.) We
limit our technical support to our area of expertise. The following is our
guidelines when providing support: we provide support related to your server
or virtual site physical functioning. We do not offer tech support for
application specific issues such as cgi programming, html or any other such
issue. We do not provide technical support for YOUR customers. If you can
email, we encourage you to email us for assistance. If you are able to get
online and have other questions, the answers may be in our Frequently Asked
Questions or Support section - we encourage you to check there first.
Lastly, the Help files in the program you are using may have the answer to
your question so please do investigate these resources before contacting
tech support.
SPAM and Unsolicited Commercial Email (UCE): We take a zero tolerance
approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over
our network. Very simply this means that customers may not use or permit
others to use our network to transact in UCE. Customers may not host, or
permit hosting of, sites or information that is advertised by UCE from other
networks. Violations of this policy carry severe penalties, including
termination of service.
Violation of the SPAM policy will result in severe penalties. Upon
notification of an alleged violation of our SPAM policy, we will initiate an
immediate investigation (within 48 hours of notification). During the
investigation, we may restrict customer access to the network to prevent
further violations. If a customer is found to be in violation of our SPAM
policy, we may, at its sole discretion, restrict, suspend or terminate
customer's account. Further, we reserve the right to pursue civil remedies
for any costs associated with the investigation of a substantiated policy
violation. We will notify law enforcement officials if the violation is
believed to be a criminal offense.
First violations of this policy will result in an "Administrative Fee" of
$250 and your account will be reviewed for possible immediate termination. A
second violation will result in an "Administrative Fee" of $500 and
immediate termination of your account. Users who violate this policy agree
that in addition to these "Administrative" penalties, they will pay
"Research Fees" not to exceed $175 per hour that our personnel must spend to
investigate the matter. PLEASE, DO NOT SPAM from your account!
As our Customers are ultimately responsible for the actions of their clients
over our network, it is advisable that Customers develop a similar, or
stricter, policy for their clients.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services on their server
that support spammers or cause any of our IP space to be listed in any of
the various Spam Databases will have their server immediately removed from
our network. The server will not be reconnected until such time that you
agree to remove ANY and ALL traces of the offending material immediately
upon reconnection and agree to allow us access to the server to confirm that
all material has been COMPLETELY removed. Severe violations may result in
immediate and permanent removal of the server from our network without
notice to the customer. Any server guilty of a second violation WILL be
immediately and permanently removed from our network without notice.
Network
IP Address Ownership: If we assign Customer an Internet Protocol address for
Customer's use, the right to use that Internet Protocol address shall belong
only to us, and Customer shall have no right to use that Internet Protocol
address except as permitted by us in our sole discretion in connection with
the Services, during the term of this Agreement. We shall maintain and
control ownership of all Internet Protocol numbers and addresses that may be
assigned to Customer by us, and we reserve the right to change or remove any
and all such Internet Protocol numbers and addresses, in its sole and
absolute discretion. Our allocation of IP addresses is limited by ARIN's new
policies. These new policies state that use of IP addresses for IP based
virtual hosts will not be accepted as justification for new IP addresses.
What this means to you is that you MUST use name-based hosting where
possible. We will periodically review IP address usage, and if we find that
clients are using IP addresses where name-based hosting could be used, we
will revoke authorization to use those IP addresses that could be used with
name-based hosting.
Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage
shall not exceed the number of megabytes per month for the Services ordered
by Customer on the Order Form (the "Agreed Usage"). We will monitor
Customer's bandwidth and disk usage. We have the right to take corrective
action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such
corrective action may include the assessment of additional charges,
disconnection or discontinuance of any and all Services, or termination of
this Agreement, which actions may be taken is in our sole and absolute
discretion. If we take any corrective action under this section, Customer
shall not be entitled to a refund of any fees paid in advance prior to such
action. In the event that a customer exceeds the included allocation, we
may, at our sole discretion, collect a deposit, in an amount determined by
us, against customer's credit card on file with us.
System and Network Security: Users are prohibited from violating or
attempting to violate the security of our Network. Violations of system or
network security may result in civil or criminal liability. We will
investigate occurrences, which may involve such violations and may involve,
and cooperate with, law enforcement authorities in prosecuting Users who are
involved in such violations. These violations include, without limitation:
No user is allowed to use more than 2% of the server's resources. In the
event there is a problem the account holder will be notified. If the user
continues to use more than 2% of the server's resources the account will be
suspended. *For reference that average medium traffic site uses about .5%.
Accessing data not intended for such User or logging into a server or
account, which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network
or to breach security or authentication measures without proper
authorization.
Attempting to interfere with service to any user, host or network,
including, without limitation, via means of overloading, "flooding", "mail
bombing" or "crashing".
Forging any TCP/IP packet header or any part of the header information in
any e-mail or newsgroup posting.
Taking any action in order to obtain services to which such User is not
entitled.
Notification of Violation:
We are under no duty to look at each customer's or user's activities to
determine if a violation of the AUP has occurred, nor do we assume any
responsibility through our AUP to monitor or police Internet-related
activities.
First violation: Any User, which we determine to have violated any element
of this Acceptable Use Policy, shall receive an email, warning them of the
violation. The service may be subject at our discretion to a temporary
suspension pending a User's agreement in writing, to refrain from any
further violations.
Second Violation: Users that we determine to have committed a second
violation of any element of this Acceptable Use Policy shall be subject to
immediate suspension or termination of service without further notice.
We reserve the right, to drop the section of IP space involved in Spam or
Denial-of-Service complaints if it is clear that the offending activity is
causing great harm to parties on the Internet. In particular, if open relays
are on your network or a customer's network, or if denial of service attacks
are originating from your network. In certain rare cases, we may have to do
this before attempting to contact you. If we do this, we will contact you as
soon as is feasible.
Suspension of Service or Cancellation: We reserve the right to suspend
network access to any customer if in the judgment of the network
administrators the customer's server is the source or target of the
violation of any of the other terms of the AUP or for any other reason which
we choose. If inappropriate activity is detected, all accounts of the
Customer in question will be deactivated until an investigation is complete.
Prior notification to the Customer is not assured. In extreme cases, law
enforcement will be contacted regarding the activity. The customer will not
be credited for the time the customer's machines were suspended.
We reserve the right to amend its policies at any time. All Sub-Networks,
resellers and managed servers must adhere to the above policies. Failure to
follow any term or condition will be grounds for immediate Cancellation. You
will be held responsible for the actions of your clients in the matter
described on these Terms and conditions. Therefore, it is in your best
interest to implement a similar or stricter Terms and conditions or
otherwise called Acceptable Terms of use policy.
Indemnification: We wish to emphasize that in agreeing to the Acceptable Use
Policy (AUP) and Terms of Service (ToS), customer indemnifies us for any
violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that
results in loss to us or the bringing of any claim against us by any
third-party. This means that if we are sued because of a customer's or a
customer of a customer's activity, the customer will pay any damages awarded
against us, plus all costs and attorney's fees.
Miscellaneous Provisions: You must provide us with, and keep current, good
contact information for you. E-mail, fax, and telephone contacts are used,
in that order of preference.
A waiver by the Company of any breach of any provision of this Agreement by
Subscriber shall not operate as or be construed as a continuing or
subsequent waiver thereof or as a waiver of any breach of any other
provision thereof.
Subscriber shall not transfer or assign this Agreement without the prior
written consent of the Company. Company may assign Agreement at anytime
without consent from or notice to Subscriber. Company reserves right to
cancel customers rights under this contract at anytime without further
obligation.
We take no responsibility for any material input by others and not posted to
our web site by us. We are not responsible for the content of any other
websites linked to us; links are provided as Internet navigation tools only.
We disclaim any responsibility for any such inappropriate use and any
liability to any person or party for any other person or party's violation
of this policy.
We are not responsible for any damages your business may suffer. We do not
make implied or written warranties for any of our services. We deny any
warranty or merchantability for a specific purpose. This includes loss of
data resulting from delays, non-deliveries, wrong delivery, and any and all
service interruptions caused by us.
It is absolutely forbidden to host pornographic content or IRC servers on
Virtual Server Accounts. Virtual Server Accounts found hosting this material
will be subject to immediate cancellation without refund.
Responsibility for Content: You, as the customer, are solely responsible for
the content stored on and served by your server.
Windows Servers: Requirements for using Microsoft software. Subscribers are
prohibited from allowing more than five (5) authenticated users of the
Microsoft Windows Server Operating Systems under Microsoft licensing terms
and could create liability issues with Microsoft if violated.
Customer agrees not to remove, modify or obscure any copyright, trademark or
other proprietary rights notices that appear on Software Products or that
appear during the use of Software Products. Customer further agrees not to
reverse engineer, decompile, or disassemble the Software Products.
We may provide you access to other third party software and/or services
("Third Party Products ") through reseller relationships we have established
with certain commercial vendors, including without limitation, Microsoft
Corporation ("Third Party Vendors"). Unless otherwise notified, Customer
understands that product support for Third Party Products is provided by us
and not by the Third Party Vendor. Neither us nor any Third Party Vendor
makes any representations or warranties, express or implied, regarding any
Third Party Products. Customer expressly acknowledges and agrees that use of
third party products is at customer's sole risk and such third party
products are provided "as is" and without representation or warranty of any
kind from us or any third party vendor, including without limitation, any
implied warranty of merchantability, fitness for a particular purpose,
accuracy or completeness of responses or results, correspondence to
description, or non-infringement of third party rights. To the maximum
extent permitted by applicable law, neither us nor any third party vendor
will be legally responsible for any damages, whether direct, indirect, or
consequential, arising from the use or inability to use any third party
product. Customer agrees to observe the terms of any license and/or
applicable end user subscriber agreement for third party products and that
customer shall be fully liable to third party vendors and us with respect to
any improper use of such third party products or violation of license
agreements with them and/or applicable end user subscriber agreements.
Abuse Towards Our Staff or Network Staff: Abuse Towards our staff or our
network staff will not be tolerated, If you use foul language, threaten us,
or anything we may find offensive, we may suspend your account, or if we
decide it needs to be delete it and offer no refund. Per Our AUP and TOS, We
offer No Refunds.
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