TERMS AND CONDITIONS
Compliance with the Law
Prohibited Uses of Services and Products
In addition to the other requirements of these Terms of Service, Customer may only use the Services and Products in a manner that, in the Company’s sole judgment, is consistent with the purposes of such Services and Products. If Customer is unsure of whether any contemplated use or action is permitted, please contact the Company as provided above. By way of example, and not limitation, uses described below of the Services and Products are expressly prohibited.
Pornography and pornographic related merchandising are prohibited under all the Company’s services. This includes sites that include links to pornographic content elsewhere. Further examples of unacceptable content or links include pirated software, “hacker” programs, anonymous/public proxies, proxy services, archives of “Warez Sites”, game rooms or MUDs, IRC Bots, IRC, Egg Drop programs, any kind of illegal software or shareware. In addition, sites offering online gambling, casino functionality, sportsbook betting (including offshore), and internet lotteries are prohibited.
Violations of the rights of any Person protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations, including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by Customer.
Actions that restrict or inhibit any Person, whether a customer of Company or otherwise, in its use or enjoyment of any of the Company’s Services or Products.
System and Network
Introduction of malicious programs into the Company’s network or server (e.g., viruses and worms).
Effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which Customer is not an intended recipient or logging into a server or account that Customer is not expressly authorized to access. For purposes of this “disruption” includes, but is not limited to, port scans, flood pings, packet spoofing and forged routing information.
Executing any form of network monitoring which will intercept data not intended for the Customer’s server.
Circumventing user authentication or security of any host, network or account.
Interfering with or denying service to any user other than Customer’s host (for example, denial of service attack).
Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable, a user’s terminal session, via any means, locally or via the Internet.
Creating an “active” full time connection on a Company-provided account by using artificial means involving software, programming or any other method.
Any attempt to circumvent or alter monitoring, bandwidth tracking or utilization reporting, or other actions which have the effect of complicating the normal operational procedures of the Company, including but not limited to altering, removing or in any way modifying or tampering with Company created log files.
Any action which the Company determines, in its own judgment, will reflect poorly on the Company or negatively impact its operations.
Any action which the Company deems to be an unacceptable use of resources, business practice or otherwise unacceptable to the Company.
Furnishing false or incorrect data on the order form, contract or online application, including fraudulent use of credit card numbers.
Attempting to circumvent or alter the processes any billing procedures or procedures to measure time, bandwidth utilization, or other methods to document “use” of the Company’s Services and Products.
Customers may cancel service and billing at any time, and there is no refund on any plan.
Sending unsolicited commercial email messages (UCE), including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material, who were not previous customers of Customer or with whom Customer does not have an existing business relationship (“email spam”).
Sending UCE referencing an email address for any domain hosted by the Company;
Sending UCE referencing a domain hosted by the Company;
Sending UCE referencing an IP address hosted by the Company;
Posting advertisements on IRC, ICQ, or any other public chat system containing an email address hosted by the Company, a domain hosted by the Company, an IP address belonging to the Company;
The Company will be the sole arbiter as to what constitutes a violation of these provisions.
Harassment, whether through language, frequency or size of messages.
Unauthorized use, or forging, of mail header information.
Solicitations of mail for any other E-mail address other than that of the poster’s account or service with the intent to harass or to collect replies.
Creating or forwarding “chain letters” or other “pyramid schemes” of any type.
Use of unsolicited email originating from within the Company’s network or networks of other Internet Service Providers on behalf of, or to advertise, any service hosted by the Company, or connected via the Company’s network.
Activities deemed to be unsolicited marketing efforts or otherwise harassing in any way.
Customer will be charged a minimum $300.00 service charge for each instance of a verifiable UCE that is reported to the Company and faces immediate account suspension and/or termination, as well as further penalties.
The Company promotes a mutually-professional relationship with its customers. Abusive, threatening, obscene or otherwise harassing communications with agents of the Company, via telephone, email, online chat or other means will result in immediate account termination not withstanding any other terms of this agreement. Violation of this or any section of this Agreement will result in refund ineligibility.
Indemnification of Provider/Relationship of Parties
Customer agrees to indemnify and hold the Company harmless from any lawsuit, claim, charge, or expense, including reasonable attorney fees and costs of defense, for any matter arising from or relating to Customer’s Website provided hereunder.
Nothing contained herein shall be deemed to create a relationship between the Company and Customer in the nature of a partnership, joint venture or otherwise. Both parties acknowledge and agree that the Company has no interaction with the data or substance of Customer’s Website, except as necessary to maintain the Website.
Customer agrees to take all steps reasonable, necessary, and prudent to protect Customer’s login ID and password.
Customer agrees not to attempt to undermine or cause harm to any server, software, system or customer of the Company.
Customer agrees to maintain Customers’ computing equipment responsibly, including running virus software.
Uploading a virus to a Company server will result in account termination, service charges and/or prosecution.
Customer acknowledges that the Company cannot provide technical support for any software and/or script that the Customer installs, other than initial configuration. The Company supplies technical support for hosting services that it provides only. The Company shall be the sole arbiter as to what constitutes a “hosting” issue.
Any attempt to undermine or cause harm to the Company server or another customer’s Web presence is strictly prohibited. Any violation of the above Terms of Service will result in grounds for account termination, with no refunds given; the Company reserves the right to remove any account without prior notice. Violation of these Terms of Service may result in legal action, service charges or a combination thereof.
Customer acknowledges that by reason of their relationship, both the Customer and the Company may have access to certain products, information and materials relating to the other party’s business, which may include business plans, customers, software technology, and marketing plans that are confidential and of substantial value to either party, respectively, and which value would be impaired if such information were disclosed to third parties. Consequently, both the Company and the Customer agree that it will not use in any way for its own account or for the account of any third party, nor disclose to any third part, any such information revealed to it by either party, as the case may be.
The Customer and the Company further agrees that each will take every appropriate precaution to protect the confidentiality of such information. In the vent of termination of this agreement, there shall be no use or disclosure by either party of any such confidential information in its possession, and all confidential documents shall be returned to the rightful owner, or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, either party shall be entitled to injunctive relief, which relief will not be contested by the Customer or the Company.