terms of service / acceptable user policy
Terms of Service – also called the Acceptable Users Policy. Basically in a nutshell, what you can and what you cannot do.
THIS AGREEMENT “Agreement” is entered into by and between and any individual, corporation, association, agency, company, or other entity who accesses or uses the websitehosting1.com and 10000mb.com Website Hosting. Online Site(s) (the “User” or “you”).
Terms of Service or the Acceptable Use Policy specifies certain actions prohibited by users of websitehosting1.com and 10000mb.com Website Hosting Web Hosting services. websitehosting1.com and 10000mb.com Website Hosting. reserves the right to modify this Policy at any time to stay in compliance with any laws, regulations and security requirements. By using websitehosting1.com and 10000mb.com Website Hosting services, any customer, employee or third party unconditionally accepts the terms of this policy.
If a websitehosting1.com and 10000mb.com Website Hosting. account is used to violate our AUP, we reserve the right to terminate your service without notice or refund, which includes voiding any refund guarantee’s that may be expressed or implied.
ILLEGAL USE:
websitehosting1.com and 10000mb.com Website Hosting web hosting services may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation coming to or from any unauthorized network or system is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret or other intellectual property rights used without proper authorization; government and military data protected by law and national security; university and academic data protected by public policy; sales of drug paraphernalia, spam, hacking, warez, cracking, copyrighted MP3′s, IRC, material that is obscene, vulgar, defamatory, constitutes an illegal threat, or violates export control laws. Any violation of the above which compromises the integrity of the websitehosting1.com and 10000mb.com Website Hosting. online network or any other network is strictly prohibited.
SYSTEM AND NETWORK SECURITY:
Any attempts that are made to harm websitehosting1.com and 10000mb.com Website Hosting. servers are prohibited and may result in criminal and civil liability. websitehosting1.com and 10000mb.com Website Hosting. will investigate incidents involving such violations and may involve and cooperate with law enforcement authorities if a criminal violation is suspected. Examples of unlawful acts, system, or network security violations include, without limitation, the following:
” Unauthorized access to or use of data, systems or networks, including any attempt to probe, damage, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
” Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, denial of service (DoS) and broadcast attacks.
” Unauthorized access to any data, system, or network from an unauthorized system or network for any purpose which is not lawful or which is intended to do harm.
” Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting. Electronic forging of any kind to include but not limited to IP addresses, domains, business names, etc.
RESOURCE USAGE ABUSE:
Users may not, through a cron job, CGI script, interactive commands, or any other means, take the following actions on websitehosting1.com and 10000mb.com Website Hosting. servers:
” Run any process that requires more than 8MB of memory space.
” Run any program that requires more than 30 CPU seconds to complete.
” Run any program that “fork bombs” or otherwise uses child processes in a manner that disrupts performance of the server, or in order to attempt to circumvent resource restrictions.
” Use the find command, or any similar tool which recursively explores directory structures, anywhere except in their own directories.
“Attempt to use excessive and/or unnecessary system resources (hard drive, bandwidth, etc.) with the intent to cause harm to the server or other users on the server. Since there is no system in the world with unlimited resources we expect you to respect our servers and not attempt to cause harm or damage them. Any attempts as stated above will resolute in your account being deleted without warning.
” Any type of denial of service attack from valid or invalid addresses is a violation of websitehosting1.com and 10000mb.com Website Hosting Web Hosting security policy and against the law. ” If you have been granted password privileges for FTP or telnet, sharing your password with an unauthorized user or third party is strictly prohibited.
ANTI-SPAM / EMAIL:
Spam is defined as ANY unsolicited commerical email. Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. websitehosting1.com and 10000mb.com Website Hosting. has a zero tolerance approach to spam. By using our services, you specifically agree that you will not use any of our services or references to our services to send spam, other junk email or chain letters. Any violation of this zero tolerance anti-spam policy may in our sole discretion, result in your rights to use our services being immediately terminated, without warning or refund. In addition, the offending domain will be perminately banned from using our services.
A user shall not use another site’s mail server to relay mail without the express permission of the site owner. Sending unsolicited email through our servers, or sending spam advertising a site hosted on our servers either via email or Windows messenger service popup messages are not permitted. Any complaints received from an email sent to an ‘Opt-in’ list, will also be considered in violation of our AUP.
Also, selling software that has as it’s purpose to facilitate spamming is not allowed.
If we find that you are performing bulk mail delivery, regardless of whether it is Spam or not, we may choose to deactivate your account and investigate. Please send such mailings through your local ISP’s mailserver, or any other mailserver which you are authorized to use. Such mailservers are configured specifically to handle an extremely high volume of outbound mail.
In addition, If you are hosting a bulk email site on websitehosting1.com and 10000mb.com Website Hosting Web Hosting servers and you use another ISP to SPAM from in order to reference your websitehosting1.com and 10000mb.com Website Hosting Web Hosting site by IP address or domain name, you are violating websitehosting1.com and 10000mb.com Website Hosting. policy and possibly the law.
USENET:
Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting, also known as “SPAM”) is expressly prohibited.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF websitehosting1.com and 10000mb.com Website Hosting WEB HOSTING CUSTOMER OR A CUSTOMER’S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.
Complaints regarding illegal Use, spam or System or Network Security issues should be sent to abuse@websitehosting1.com and 10000mb.com Website Hosting
TERMS OF SERVICE:
Billing/Invoicing occurs at the start of service, and billing cycles are from month to month (or year to year, depending on service selected) regardless of the number of days in the month or the actual invoice date. Standard billing terms are monthly, with automatic renew on a monthly basis unless services are terminated according to the provisions of this agreement.
Monthly rate will not change without notification from websitehosting1.com and 10000mb.com Website Hosting website hosting., however any overage from the current month will be invoiced along with the monthly billing along with any outstanding balances or late fees from previous billings.
Payments are due upon receipt, and a late fee of 10% will be assessed on invoices not paid in full within 10 days. (10% on total balance per month will continue to be assessed until paid in full.) Standard of Payment is Month In Advance – meaning you pay for January’s service on January 1st. Termination of payment is considered a termination of contract, regardless of billing cycle point, unless prior notification has been issued. No refunds are issued for an early termination of contract.
Fees for services are subject to change at the expiration of the initial Term and upon renewal of the agreement.
INTERACTION WITH websitehosting1.com and 10000mb.com Website Hosting. Web Hosting STAFF.
Any threat, vulgar language or harassment directed at any websitehosting1.com and 10000mb.com Website Hosting. staff member through phone or email may result in immediate termination of an account. Any violation of this policy by any employee, contractor or third party programmer of websitehosting1.com and 10000mb.com Website Hosting. should be reported immediately to: corporate@websitehosting1.com and 10000mb.com Website Hosting.
UPTIME
All uptime guarantee’s made, whether explicitly expressed or implied, shall be based on the total hours in a full calandar month or 30 days, whichever is greater. This guarantee is only to include unscheduled downtime. Any scheduled repairs that may incur downtime are exempt from this guarantee.
In the event of an unscheduled server outage that lasts longer than the permitted guaranteed limits, compensation is limited to a maximum credit of one months bill.
LIMITATION OF LIABILITY:
websitehosting1.com and 10000mb.com Website Hosting. shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from websitehosting1.com and 10000mb.com Website Hosting. servers going off-line or being unavailable for any reason whatsoever. Further, websitehosting1.com and 10000mb.com Website Hosting. shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of websitehosting1.com and 10000mb.com Website Hosting servers. All damages shall be limited to the immediate termination of service.
It is the clients responsibility to backup, maintain, and store all data, programs, content and information for your webhosting account. websitehosting1.com and 10000mb.com Website Hosting. denies any warranty or merchantability for this specific purpose. Computers are not magic! They go down from time to time. Please back up your files!
websitehosting1.com and 10000mb.com Website Hosting. shall be the sole arbiter of what is and is not a violation of these acceptable use policies. websitehosting1.com and 10000mb.com Website Hosting. reserves the right to terminate an account at any time and for any reason that causes harm to any websitehosting1.com and 10000mb.com Website Hosting. customer’s web sites. websitehosting1.com and 10000mb.com Website Hosting. reserves the right to delete all content and files upon termination. websitehosting1.com and 10000mb.com Website Hosting. reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. websitehosting1.com and 10000mb.com Website Hosting. reserves the right to refuse, cancel, or suspend service at our sole discretion.
websitehosting1.com and 10000mb.com Website Hosting. reserves the right to change the Acceptable Use Policy without prior notice or warning. Non-enforcement of any part of the Acceptable Use Policy does not constitute consent.