|
Web Hosting Policies and Service Agreement
All
customers must abide by the following Terms and Conditions of service:
WEB HOSTING SERVICE AGREEMENT
This Web Hosting Agreement (this "Agreement") sets forth
the terms and conditions of your use of Solidus Systems for web
hosting services. You certify that you are at least 18 years of
age. To become our account holder, you must read and agree to be
bound by all terms and conditions of this Agreement, the fee schedules
on the Online Order forms and any policies that are or may be published
by us. This Agreement will become effective when any account order
is placed and accepted. By posting notice 30 days in advance at
a web page available on our web site we may modify the terms and
conditions of this Agreement or the prices of its services, as well
as discontinue or change the services offered. You will be bound
by the modified Agreement, prices and/or policies if you continue
to use the services.
1. Scope of Services and Your Obligations
1.1. This Agreement defines the terms and conditions of our services
as offered by Solidus Systems and used by you, including the provision
of web hosting services on our servers and connectivity to the Internet
(the "Services"). We will provide the Services for the
amount of server storage space selected in exchange for payment
of fees and full compliance with the terms and conditions of this
Agreement. In performing the Services, we maintain control and ownership
of any and all Internet protocol ("IP") numbers and addresses
that may be assigned to you and reserves the right to change or
remove any and all IP numbers and addresses at its sole discretion.
1.2. As part of the Services, we will also provide your own web-based
control panel (the "Control Panel") containing links to
your payment history, summaries of the Services you have chosen,
newsletters and other current information.
1.3. You are responsible for producing, electronically uploading
and maintaining HTML files, execution scripts, applets and applications
(the "Upload Materials") to your website, and you hereby
warrant that all Upload Materials shall be owned or properly licensed
by you and shall not adversely impact the Services or violate any
rights of any third parties. You are responsible for ensuring that
all Upload Materials will function properly and as intended. You
are responsible for all activity originating from your website,
unless proven to be a victim of outside hacking or address forgery.
You assume responsibility for all material on your website that
may be put on by a third party (such as the usage of Free For All
links pages). Use of the Services requires a certain level of knowledge
in the use of Internet languages, protocols, and software, which
can vary depending on your anticipated use and desired content of
your website, and includes, but is not limited to, the following:
web publishing requires knowledge of HTML, properly locating and
linking documents, FTPing web contents, graphics, text, sound, image
mapping, etc.; FrontPage web publishing requires knowledge of the
FrontPage tools as well as Telnet and FTP understanding and capability;
CGI-scripts requires knowledge of the UNIX environment, tar &
gunzip commands, Perl, CShell scripts, permissions, etc.; and mail
requires knowledge of use of mail clients to receive and send mail,
etc. You acknowledge that you have the necessary knowledge to create,
modify and maintain your website. We assume no responsibility to
provide you with such knowledge.
1.4. In connection with the Services, we may provide for your use
certain tools and software, including, but not limited to, certain
specialty scripting software and/or certain programming language
software for designing websites (collectively, the "Tools").
Access to these Tools may be accessed via your Control Panel. To
the extent that such Tools are provided to you, you are granted
a nonexclusive, nontransferable license to use the Tools in object-code
form only for your internal use, solely in connection with the Services
provided under this Agreement.
1.5. We reserve the right to monitor our systems electronically
and to access and disclose any information as permitted or required
by any law, regulation or other governmental request to operate
its systems properly, to protect itself or its accountholders or
for any other reason it in good faith deems necessary. We will fully
cooperate with law enforcement authorities in investigating suspected
lawbreakers and reserves the right to report to law enforcement
any suspected illegal activity it becomes aware of. It is not our
intention that our Services or facilities be used in contravention
of the Communications Decency Act of 1996 (the "CDA")
or any other applicable law.
1.6. You agree to comply with the requirements of the CDA and the
Digital Millennium Copyright Act (the "DMCA") and acknowledge
that we are a "service provider" under the DMCA and are
therefore immune from liability under the DMCA, including 17 U.S.C.
§ 512. Consistent with the DMCA, we will accommodate standard
technical measures used to identify and protect copyrighted works,
and, as further described herein, we have a policy of terminating
accountholders who are copyright infringers.
1.7. Websites are unmodified forums containing the personal opinions
and other expressions of the persons who post entries on a wide
range of topics. Neither the content of websites located on our
servers nor the links to other websites are screened, approved,
reviewed or endorsed.. We are not a publisher of any of the content
of websites, or of any content that may be available through the
links to and from them, and is acting solely as an Internet web-hosting
service provider. The text and other material on such websites are
the opinion of the specific author and are not our statements of
advice, opinion or information.
2. Limited Warranty; Limitation of Liability; Indemnification
2.1. Limited Warranty. You acknowledge that the Services are provided
"as is." Neither we, nor any of our employees or agents,
warrants that the Services will be uninterrupted, error free or
free from viruses or other harmful components. We are not responsible
for and hereby disclaims any warranties, either expressed or implied,
regarding the quality, accuracy, or validity of the data and/or
completeness, noninfringement, merchantability or fitness for a
particular purpose of information available on its servers or residing
on or passing through its interconnecting networks. Use of information
obtained from or through the Services is at your risk. Under no
circumstances will we be liable to you or any other person for any
loss or damage caused by your reliance on information available
on its servers or obtained through the Services.
2.2. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES
(INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED
TO CORRUPTION OR DELETION OF WEBSITE CONTENTS) ARISING OUT OF OR
IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE OUR
SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF OUR SERVERS),
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM LIABILITY EXCEED
THE TOTAL AMOUNT PAID BY YOU TO US FOR THE SERVICES DURING THE PRIOR
TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE STATE LAW DOES NOT
ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
2.3. Indemnification. You agree to indemnify, defend and hold us
and our affiliates, directors, officers, employees and agents harmless
from and against any liabilities, losses, damages or costs, including
reasonable attorneys' fees, resulting from any third-party claim,
action, dispute or demand related to your use of the Services, your
violation of any of the provisions of this Agreement or from your
placement or transmission of any materials or content onto our servers.
Such liabilities may include, but are not limited to, those arising
from the following: (a) with respect to your business, (i) infringement
or misappropriation of any intellectual property rights; (ii) defamation,
libel, slander, obscenity, pornography, or violation of the rights
of privacy or publicity; or (iii) spamming, or any other offensive,
harassing or illegal conduct or violation of the acceptable uses
described herein or anti-spam policy; (b) any damage or destruction
to our equipment or to any other accountholder, which damage is
caused by or otherwise results from acts or omissions by you, your
representative(s) or your designees; (c) any personal injury or
property damage arising out of your activities related to the Services,
unless such injury or property damage is caused solely by our gross
negligence or willful misconduct; and (d) any other damage arising
from your equipment or your business.
3. Payment of Fees
3.1. We will publish a notice of fee increases 30 days before such
increases take effect on the web site.
3.2. You agree to provide us with accurate and complete billing
information, including your legal name, address, telephone number,
e-mail address and applicable payment date and to update this information
immediately if any change occurs. You must secure your account with
a valid credit card. Payments must be submitted in advance of receiving
the Services.
3.3. You acknowledge responsibility for your account until payment
in full is made.
4. Acceptable Uses
4.1. Use and Misuse of the Services. All complaints of abuse, violation
and misuse of the Services, whether described in this Section 4
or otherwise, shall be investigated promptly. If you are not sure
if your actions will be an abuse, violation or misuse, please ask
first.
You are responsible for all use of your website, with or without
your knowledge or consent.
You agree to use the Services only for lawful purposes, in compliance
with all applicable laws. Illegality includes, but is not limited
to, drug dealing; attempting without authorization to access a computer
system; pirating (distributing copyrighted material in violation
of copyright law, specifically MP3s, MPEGs, ROMs, and ROM emulators);
gambling; schemes to defraud; trafficking in obscene material; sending
a message or having content that is obscene, lewd, lascivious, filthy,
or indecent with intent to annoy, abuse, threaten, or harass another
person; threatening bodily harm or damage to individuals or groups;
violating U.S. export restrictions; stalking; or violating other
state or federal law, such as the Electronic Communications Privacy
Act, the Computer Fraud and Abuse Act, or the Economic Espionage
Act. Linking to illegal material is also prohibited.
When we becomes aware of possible violations of this Agreement,
we may initiate an investigation that may include gathering information
from you and the complaining party, if any, and examination of material
on our servers. We in our sole discretion, will determine what action
will be taken in response to a violation on a case-by-case basis.
Violations of this Agreement could subject you to criminal or civil
liability.
BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD US HARMLESS
FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY US AS PART OF ITS
INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A
RESULT OF ITS CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS
OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES
WHATSOEVER FROM US AS A RESULT OF OUR DECISION TO REMOVE MATERIAL
FROM ITS SERVERS, WARN YOU, SUSPEND OR TERMINATE YOUR ACCOUNT, OR
TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION
OR AS A RESULT OF OUR CONCLUSION THAT A VIOLATION HAS OCCURRED.
THIS WAIVER APPLIES TO ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT.
4.2. Use and Misuse of Materials. Materials in the public domain
(e.g., images, text, and programs) may be downloaded or uploaded
using the Services. You may also re-distribute materials in the
public domain. You assume all risks regarding the determination
of whether the material is in the public domain.
You are prohibited from storing, distributing or transmitting any
unlawful material through the Services. Examples of unlawful material
include, but are not limited to, threats of physical harm, child
pornography, and copyrighted, trademarked and other proprietary
material used without proper authorization. Pornography and sex-related
merchandising, or links to such material, even if legal, are not
acceptable uses of our servers. You may not post, upload or otherwise
distribute copyrighted material on our servers without the consent
of the copyright holder.
Unacceptable uses of website content also include the presence of
the following programs or the activities associated with them, regardless
of whether or not any actual intrusion results in the corruption
or loss of data: server broadcast messages or any message sent on
an intrusive basis to any directly or indirectly attached network;
attempts to circumvent any user authentication or security of host,
network, or account; accessing data not intended for user; probing
the security of any network; spawning dozens of processes; port
scans, ping floods, packet spoofing, and forging router information;
denial of service attacks, sniffers, flooding, spoofing, ping bombing,
smurfs, winnuke, land and teardrop; promulgation of viruses; and
IRC bots, such as eggdrop or BitchX.
We support free speech on the Internet and will not suspend or cancel
your account simply because it disagrees with your views expressed
at your website. However, examples of unacceptable activities include
posting private information about a person without his or her consent,
defaming a person or business, and knowingly making available code
that will have a deleterious effect on third-party computers. Where
there are allegations that your on-line activity has violated the
legal rights of a third party, we will not substitute itself for
a court of law in deciding tort claims raised by the third party.
4.3. Email Use. Unacceptable affronts to netiquette and unacceptable
activities include, but are not limited to, the following: spamming
(sending unsolicited advertising to those with which you have no
existing business relationship and posting off-topic advertising
in newsgroups); spoofing (using a return email address that is not
the valid reply address of the sender or sending an email message
that does not contain enough information to enable the recipient
to identify you); passive spamming (promoting a website hosted by
us by spamming from some other source); trolling (posting controversial
messages in newsgroups to generate responses); mailbombing (inundating
a user with email without any serious intent to correspond or sending
large or multiple files to a user); generating a higher volume of
outgoing mail than a normal user (over 10% of available system resources);
propagating chain letters; and subscribing someone else to an electronic
mailing list without that person's permission. A message is considered
unsolicited if it is posted in violation of a newsgroup charter
or sent to a recipient who has not requested the message. Making
an email address available to the public does not constitute a request
to receive messages. Distribution of mass emailing programs is also
prohibited. All recipients on a mailing list must have personally
subscribed. Mailing lists may not be used to distribute unsolicited
email. If you are repeatedly mailbombed or attract such behavior,
the Services will be terminated.
You should not send email to any user who does not wish to receive
it, either here or elsewhere. We recognize
that email is an informal medium; however, you must refrain from
sending further email to a user after receiving a request to stop.
You may not alter the headers of email messages to disguise their
identity or to prevent users from responding to the messages. We
may disclose the usernames of accounts responsible for forged email
messages to system administrators or users requesting the information.
Violations of our policies outlined herein can sometimes result
in massive numbers of email responses. If you receive so much email
that our resources are affected, our staff may shut down your mailbox.
4.4. System Security. You are prohibited from utilizing the Services
to compromise the security of system resources or accounts on our
servers or at any other site. Use or distribution of tools designed
for compromising security or containing viruses or trojans are prohibited.
Examples of these tools include, but are not limited to, password
guessing programs, cracking tools or network probing tools.
If you are involved in violations of system security, we reserve
the right to release all usernames of users involved in such violations
to system administrators at other sites in order to assist them
in resolving security incidents. We will also fully cooperate with
law enforcement authorities in investigating suspected lawbreakers.
4.5. System Resources. System abuse includes any use of our resources
that disrupts the normal use of its servers or services for others.
Examples of system abuse include running excessive numbers of processes
or consuming excessive amounts of CPU time, memory or disk space.
Any usage of 10% or more of our system resources is an undue burden
on our system and is unacceptable. If your usage ever exceeds 10%
of system resources, your account may be terminated immediately
and without prior notice.
Further, running programs in the background on one of our servers
without our prior written authorization, or running chat rooms,
Internet Relay Chat, IRC bots, more then 1,000 emails a day and
the like are not acceptable uses of our servers.
5. Right to Terminate Agreement
(a) We reserve the right to suspend or terminate the Services to
you and remove or prevent access to any material from your website
at any time, without prior notice or liability, for any conduct
that we, in our sole discretion, believes violates this Agreement
or is otherwise harmful to our interests or the interests of other
accountholders. (b) We also reserve the right to comply with the
take-down provisions of the DMCA and to seek injunctive, declaratory,
interpleader or other judicial or equitable relief (and, pending
such action, to suspend all access to your website) if any third-party
claim is made that your website content or use violates any of the
acceptable uses or your obligations or representations described
in this Agreement.
6. Miscellaneous
You may not assign your rights and obligations under this Agreement
without the prior written consent from us, which may be withheld
at our discretion. Nothing contained in this Agreement shall be
construed as creating any agency, partnership, or other form of
joint enterprise between the parties. Our failure to require your
performance of any provision hereof shall not affect the right to
require such performance thereafter; nor shall the waiver by us
of a breach of any provision hereof be taken or held to be a waiver
of the provision itself. Any action for any claim arising under,
or in connection with, this Agreement must be commenced by you within
one year after the alleged cause of action has accrued or after
the date of termination of this Agreement, whichever is earlier.
In the event that any provision of this Agreement is deemed unenforceable
or invalid, such unenforceability or invalidity shall not affect
the remainder of this Agreement. Such provision may be amended or
replaced with one that is valid and enforceable and which achieves,
to the extent possible, the original objectives and intent of the
parties as reflected in the original provision. No provision of
this Agreement may be amended or modified by you except by means
of a written document signed or expressly assented to by us. All
terms and conditions of this Agreement that should by their nature
survive termination of this Agreement shall so survive. This Agreement
and the order form, together with all amendments or modifications
to any of them, constitute the complete and exclusive agreement
between you and us and supersede and govern all prior proposals,
agreements, or other communications.
We have a responsibility to ensure that each of our clients is provided
with the best services we have available. While we back up files
continuously, we are in no way responsible for the archiving of
a site. It is the sole responsibility of the site creator to copy,
back-up or archive all files that constitute a web site.
The following guidelines also apply:
Content:
All services provided by us may be used for lawful purposes only.
Transmission, storage, or presentation of any information, data,
or material in violation of any United States Federal, State, or
City law is prohibited. This includes, but is not limited to copyrighted
material, material we judge to be threatening or obscene or material
protected by trade secret and other statute. The subscriber agrees
to indemnify and hold us harmless from any claims resulting from
the use of the service, which damages the subscriber or any other
party.
Pornography and sex-related merchandising is prohibited on all our
servers. This includes sites that may infer sexual content or links
to adult content elsewhere. We will be the sole arbiter in determining
violations of this provision.
Also prohibited are sites that promote any illegal activity or present
content that may be damaging to our servers or any other server
on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
- Pirated software
- Hacker programs or archives
- Warez sites
We will be
the sole arbiter as to what constitutes a violation of this provision.
- Sites offering download files. (This is any site where
20% or more of their monthly traffic is from file downloads)
- Sites using more than 20% of system resources.
We will be the sole arbiter as to what constitutes a violation of
this provision
Commercial Advertising - Email:
Spamming, or the sending of unsolicited email, from our server or
using an email address or domain that is maintained on our machine
as reference is STRICTLY prohibited. We will be the sole arbiter
as to what constitutes a violation of this provision.
Chat Rooms
We do not allow clients to install their own chat rooms. These tend
to be a large drain on system resources and we cannot allow it as
an account option
Background Running Programs
We may allow programs to run continually in the background. These
are considered on a case-by-case basis and an extra charge will
be incurred based on system resources used and operational maintenance
needed.
IRC
We currently do not allow IRC or IRC bots to be operated on our
servers.
Domain Pointing
Domain pointers are to be used for the purpose of having more than
one way to find the same site, not for the purposes of sharing an
account among multiple sites. A domain pointer may not be set up
to reference a subdirectory within an existing Web hosting account
served by us or any other provider.
Server Abuse:
Any attempt to undermine or cause harm to a server, or customer
of ours is strictly prohibited, and will result in immediate termination
or prosecution.
By ordering service from us, you agree to be bound by and to comply
with this Agreement just as if you had signed it - the legal equivalent
of your signature on a written contract.
Refusal of Service:
We reserve the right to refuse, cancel, or suspend service at our
sole discretion.
All Sub-Networks, distributive hosting sites and dedicated servers
we operate must adhere to the above policies.
Failure to follow any term or condition will be grounds for immediate
account deactivation without refund.
|