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Terms Of Service
All accounts are bound by this Terms of Service.
1) Setup Fees including, but not limited to, additional programming are nonrefundable.
2) All fees are due in advance of the services provided. Failure to pay in advance may result in termination or suspension of services without notice.
3) For monthly payments, if you cancel your service you will be refunded the prepaid fees for any unused month, once those services are no longer being provided, not including setup fees, if you have a contract, the terms of the contract apply. If you cancel your service, but fail to transfer your site(s) to another provider and continue to utilize our hosting network you will be billed until such time that you are no longer utilizing our services. If you wish services to cease immediately, you must request that our services be discontinued immediately. For all accounts prepaid quarterly or higher, no refunds will be issued unless it is an SLA related issue.
4) Money Back Guarantee - unixshell# offers a limited Money Back Guarantee to all new clients. The purpose of this guarantee to allow clients to experience unixshell#'s services and determine that they meet or exceed industry standards. To this end, if unixshell# has not met indusry standards for service performance and reliability during the first 30 days of a new hosting account being online and the client requests a refund by e-mailing email@example.com, unixshell# will refund the pro-rated difference of the client's hosting fees for the month. A month is defined as a 30 day period. For example if a customer cancels on the third day of service they would receive a 27 day pro-rated refund, or 90% of their payment. This refund will NOT include any setup fees or hourly support fees paid to unixshell# and is only valid for accounts that are paid monthly. In all other circumstances monies paid to unixshell# are final and nonrefundable.
5) The use of any data or material, which Customer receives from the service provided by unixshell#, is at Customer's sole and absolute risk. unixshell# specifically disclaims and denies any responsibility for the completeness, or accuracy of quality of any and all information obtained through the services to be provided hereby.
6) unixshell# will utilize its best efforts to maintain acceptable performance of services, but unixshell# makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. unixshell# cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. unixshell# will not be liable for the inadvertent disclosure of, or corruption or erasure of, date transmitted or received or stored on its system. unixshell# shall not be liable to Customer or any of its customers for any claims or damages which may be suffered by Customer or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, nondeliveries, or service interruptions whether or not caused by the fault or negligence of unixshell#.
7) Customer agrees that it shall defend, indemnify, save and hold harmless from any and all demands, liabilities, losses, costs, claims, including reasonable attorney's fees, ('Liabilities') against unixshell#, its agents, its customers, servants, officers, employees, that may arise or result from any services provided, performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless unixshell# against Liabilities arising out of any injury to person or property caused by any products sold or distributed in connection with unixshell#' server; and material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement and any defective product which Customer sold on unixshell#' Server. As a result of this, Customer agrees that unixshell# shall not be liable to Customer for any claims of actual, compensatory and/or consequential damages which may be suffered by Customer, including, but not limited to, losses or damages due to the loss data resulting from delays, non deliveries, or service interruptions caused by the fault or negligence of unixshell#. Notwithstanding the above mentioned, Customer's exclusive remedies, damages, losses and causes of actions shall not exceed the aggregate dollar amount which Customer paid during the term of this Agreement.
8) This section defines the network and host server Service Level Agreement (SLA). To Customers in good financial standing with unixshell# we guarantee that our network is available 99.9% and their host server is available 99.5% of the time in a given month, excluding scheduled maintenance. The network is defined as core network infrastructure excluding the hardware, services and software running on your server. The server is defined as the host hardware that houses the account. Downtime is measured from the moment the Customer notifies a unixshell# support representative of a failure to the time the Network or Server responds to an external "ping" request. Notification of network failure must occur at the time of the outage and not after the fact.
If network downtime exceeds .1% in a given month, the Customer will be credited 5% of their monthly hosting fee and an additional 5% for each additional 2 hours of downtime up to 50% of the Customer 's monthly hosting fee.
If server downtime exceeds .5% in a given month, the Customer will be credited 5% of their monthly hosting fee and an additional 5% for each additional 2 hours of downtime up to 50% of the Customer 's monthly hosting fee.
Credits shall not be provided to the Customer if network or server downtime is the result of: a) scheduled maintenance b) circumstances beyond unixshell#'s reasonable control, including, but not limited to: dDOS or other network attacks, upstream or 3rd party network outages, war, fire, flood, sabotage, labor disturbance, acts of government, acts of god or c) breaking this Agreement or unixshell#'s Acceptable Use Policy.
9) The Customer may only use unixshell#' services for lawful purposes. In the event that at any given time, unixshell# believes that the service is being used by the Customer in contravention with any of the terms and provisions contained in this Agreement, unixshell# has the right to immediately discontinue such service to Customer without liability other than to refund any unearned prepaid service fees. The following are restrictive uses and shall be cause for the immediate termination of web services and this Agreement without notice to the Customer:
a. Unauthorized distribution or copying copyrighted software, violation of US export restrictions, embarrassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities; Offering for sale or soliciting e-mail lists for the purposes of bulk e-mail.
b. Unsolicited advertising via email and/or 'Spamming' is a violation of this agreement. Such prohibited conduct subjects Customer to immediate cessation of service as provided herein and the termination of this agreement without notice. unixshell# reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution.
c. Using a non-existing email return address on a commercial solicitation, spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user), trolling (posting outrageous messages to generate numerous responses, mailbombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system. unixshell# reserves the right to determine what is Net abuse.
d. Tortuous conduct such as posting of defamatory, libelous, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyright, or other intellectual property rights.
e. The Customer expressly understands and agrees that illegal Adult oriented Websites are expressly prohibited. unixshell# reserves the right to immediately terminate and remove any such unauthorized Websites without notice and discontinue service to Customer without notice or liability for actual, compensatory or consequential damages to Customer for the interruption in service.
f. IRC is specifically prohibited.
unixshell# will not be responsible for any damages your business may suffer. unixshell# makes no warranties of any kind, expressed or implied for services we provide. unixshell# disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by unixshell# and its employees. The services provided by unixshell# are provided AS-IS and without any warranty expressed or implied. unixshell# reserves the right to revise its policies at any time
Acceptable Use Policy
unixshell# has formulated this Acceptable Use Policy in order to encourage the responsible use of unixshell#' services by our customers and other users ('Users'), and to enable us to provide our Users with secure, reliable and productive services.
The unixshell# network, including the websites hosted by unixshell# (collectively, the 'unixshell# Network'), may be used only for lawful purposes. Users may not use the unixshell# Network in order to transmit, distribute or store material (a) in violation of any applicable law, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others, or (c) that is obscene, threatening, abusive or hateful, including the advocating of terrorism and/or the killing of any individual or group.
unixshell# will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the unixshell# network, and will be liable for illegal material posted by their clients. According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years. No credits will be issued for any interruption in service resulting from policy violations. Violations of the Child Protection Act may be reported to the U.S. Customs Agency at firstname.lastname@example.org.
System and Network Security
Users are prohibited from violating or attempting to violate the security of the unixshell# Network, including, without limitation, (a) accessing data not intended for such User or logging into a server or account which such User is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, 'flooding', 'mailbombing' or 'crashing', (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or (e) taking any action in order to obtain services to which such User is not entitled. Violations of system or network security may result in civil or criminal liability. unixshell# 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.
Users may not send unsolicited e-mail messages, including, without limitation, bulk commercial advertising or informational announcements ('spam') in a way that could be reasonably expected to adversely impact the unixshell# Network, including, without limitation, using an e-mail account on unixshell#' network to send spam or bulk e-mail, or using the service of another provider to send spam or to promote a site hosted on or connected to the unixshell# Network. In addition, Users may not use the unixshell# Network in order to (a) send e-mail messages which are excessive and/ or intended to harass or annoy others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail with forged TCP/IP packet header information, (d) send malicious e-mail, including, without limitation, 'mailbombing', (e) send or receive e-mail messages in a manner that violates the use policies of any other internet service provider, or (f) use an e-mail box exclusively as a storage space for data (g) Offering for sale or soliciting e-mail lists for the purposes of bulk e-mail.
Users who post messages to Usenet newsgroups are responsible for becoming familiar with any written charter or FAQ governing use of such newsgroups and complying therewith. Regardless of such policies, Users may not (a) post the same message, or a series of similar messages, to one or more newsgroups (excessive cross-posting or multiple-posting, also known as 'Usenet spam'), (b) cancel or supersede posts not originally posted by such User, unless such User does so in the course of his/her duties as an official newsgroup moderator, (c) post any message with forged packet header information, or (d) post messages that are excessive and/or intended to annoy or harass others, including, without limitation, chain letters.
Suspension / Termination
Any User which unixshell# determines to have violated any element of this Acceptable Use Policy shall receive a written warning, and may be subject at unixshell#' discretion to a temporary suspension of service pending such User's agreement in writing to refrain from any further violations; provided, however, that if unixshell# deems it necessary, it may immediately suspend or terminate such User's service without issuing such a warning. Users which unixshell# determines 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.
unixshell# takes no responsibility for any material input by others and not posted to the unixshell# Network by unixshell#. unixshell# is not responsible for the content of any other websites linked to the unixshell# Network; links are provided as Internet navigation tools only.
Any User interacting with our site and providing unixshell# with name, address, telephone number, e-mail address, domain name or URL or any other personally identifiable information permits unixshell# to use such information for commercial purposes of its own, including contacting Users about products and services which may be of interest. For each visitor to our Web Site, our Web server recognizes only the visitor's domain name, not the e-mail address. We collect information volunteered by the visitor, such as form submittals and/or site registrations. This information is used to improve the content of our Web site, it is not shared with other organizations for commercial purposes. Any User who does not wish to receive further contacts from unixshell# should send unixshell# a specific request (i.e., stating do not use or do not share or both) by certified mail or by regular mail clearly marked 'Privacy-Urgent' addressed as follows: unixshell#, PO Box 551, Skippack, Pennsylvania 19474.
unixshell# does not, and cannot, control what content is available to you using the unixshell# Network. unixshell# users decide what content to make available to others using the unixshell# network and what content to download. Users are responsible for complying with all applicable federal and state laws applicable to such content, including copyright laws.
unixshell# respects copyright law and expects our users to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. As a condition to your account with unixshell#, you agree that you will not use the unixshell# service to infringe the intellectual property rights of others in any way. unixshell# will terminate the accounts of users who are repeat infringers of the copyrights, or other intellectual property rights, of others. In addition, unixshell# reserves the right to terminate the account of a user upon any single infringement of the rights of others in conjunction with use of the unixshell# service, or if unixshell# believes that user conduct is harmful to the interests of unixshell#, its affiliates, or other users, or for any other reason in unixshell#' sole discretion, with or without cause.
unixshell# does not sell, rent or otherwise disclose its mailing lists to third parties.
unixshell# reserves the right to modify this Acceptable Use Policy at any time in its sole and absolute discretion.
Copyright �2006 unixshell#. All rights reserved. Do not copy or redistribute in any form.