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All policies are enforced. In the event that Web Host It does not act upon any violation at first knowledge of such violations, does not constitute our consent, and Web Host It reserves the right to, at any time, act upon and take necessary steps to cease such activity at our discretion. Age. All users must be 18+ years of age to obtain and/or utilize our service. Technical Support & Communicating With Web Host It: Technical Support, Billing Issues, Account Inquiries, and all other communications between Web Host It and Clients are handled through the Account Management Area pertaining to the account type: Reseller Account Management Hosting Client Account Management Non Hosting Client Domain Registration Management. All users are required to utilize these areas to communicate with Web Host It. These areas have various forms pertaining to different issues, when in doubt regarding which form to use for your particular request, users should always submit the Technical Support Request Form. UNACCEPTABLE ACTIVITIES: These include spamming (sending unsolicited advertising to those with which the customer has no existing business relationship, posting off-topic advertising in newsgroups); spoofing (using a return email address which is not the valid reply address of the sender or sending an email message which does not contain enough information to enable the recipient to identify the party who is really sending the message; passive spamming (promoting a web site hosted by Web Host It 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), generating a higher volume of outgoing mail than a normal user (20% or more of available system resources), 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. Any customer repeatedly "mailbombed" or that attracts such behavior will be asked to leave. If you are not sure if your actions will be in violation, please ask first legal.admin@webhostit.com. Any user found to be in violation of our spamming Policy as stated above, will be immediately terminated from our server without any prior notice or immediately suspended depending on the extent of, and necessary investigation of, any complaints received. Spam Relaying: Any account that uploads/contains any script that would allow spam to be relayed through our servers is in violation of these Policy's. Users cgi-bins containing such scripts will be disabled to prevent further relaying and a notice will be sent to the user providing them with 24 hours to remove the offending script(s) from their account. If said scripts are not removed within the 24 hour allowance or future complaints are received against the account in question after script removal, the offending account will be permanently terminated from our servers without further notice or access. Abuse of the legal rights of others: Examples of unacceptable activities in this regard include posting private information about a person without their consent, infringing intellectual property rights, defaming a person or business, and knowingly making available code which will have a deleterious effect on third party computers. Web Host It supports free speech on the Internet, and will not suspend or cancel a customer’s account simply because it disagrees with the views expressed by the customer. Where there are allegations that a customer’s on-line activity has violated the legal rights of a third party, Web Host It will not substitute itself for a court of law in deciding tort claims raised by the third party. Abuse of the law: Web Host It services may be used for lawful purposes only. 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, MPEG's, 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. Web Host It reserves the right to check system files, email, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary. Pornography: Pornography and sex-related merchandising, or links to such material, even if legal, is not an acceptable use of Web Host It servers. Abuse of Web Host It's Server Resources and Disk Space: Running programs in the background on a Web Host It server without Web Host It prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses of Web Host It servers and violator's will be deleted from servers without prior notice. Web Host It provides a shared hosting environment. Any activity that places a strain on any server, also places undo strain on others sharing the server. Any account consuming twenty percent (20%) or more of our system resources is an undue burden on our system and other users and is unacceptable. If your usage ever exceeds twenty percent (20%) of system resources you will be terminated without prior notice. Hacking/Cracking: Web Host It reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution. TRAFFIC USAGE RESTRICTIONS: Each account plan comes with a pre-determined amount of bandwidth allowance. We monitor all usage of the domains residing on our servers. Sites that exceed or are reaching their allotted allowance will be contacted immediately to resolve the problem. Accounts exceeding their bandwidth allowance are required to pay a maximum of $8.00 per gig of traffic for each gig of traffic that exceeds their allotted amount. Following is a list of sites that will often require more than what is allotted for each account plan: Multiple domains residing at a single IP address, domains with archives or galleries, (i.e. .gif, .jpg, .exe, .zip, .tar, etc.), domain accounts offering download files, running cgi scripts. (Note: This is only a sample list of sites that may consume more traffic than is what allowed them.) OTHER BEHAVIOR: The following examples of unacceptable behavior are non-exclusive, and are provided for guidance purposes. If you are unsure if your actions will be a violation of our policies please ask legal.admin@webhostit.com. Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network Attempt 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, forging router information, Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land, teardrop. Promulgation of viruses. IRC bots such as eggdrop or BitchX. Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken. The presence of any of these programs, whether or not run, will result in action against the user including suspension or termination. SYSTEM RESOURCES: If at any time your site extensively exceeds more than 20% of our systems resources in one day, your account will be deactivated immediately without notice and you will have to contact us for reactivation. CLIENT RESPONSIBILITY: The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. Use of Web Host It's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. Front Page web publishing: knowledge of the Front Page tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of Web Host It to provide this knowledge or support outside matter specific to Web Host It's servers. BACKUPS: Backups are made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. We STRONGLY recommend that you perform your own backups of your site. Server backups are made for server restoration purposes only. It is the clients responsibility to maintain local copies of their web content and any other information that is stored on your domain account. If loss of data occurs due to an error of Web Host It, Web Host It will attempt to recover the data for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, Web Host It will attempt to recover the data from the most recent archive for a $50.00 fee. Although we attempt to recover backups, we must stress to you, we can not guarantee the quality of or the lack of any results. All users have the ability to back up their entire account by utilizing the feature inside their control panels, we recommend that backups be performed after any changes to users sites. IP NUMBERS: Web Host It maintains control and any ownership of any and all IP numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. BILLING POLICIES: The billing name that will appear on all credit card and banking statements will be Blue Ink It. All accounts are setup with recurring billing. Users credit cards will be automatically be billed on their billing date each month until account is cancelled. All billing occurs at 12:01 AM EST on the account activation date and then on the anniversary of that date each month thereafter. Resellers: Resellers have one billing date, which is each month on the anniversary date of their initial account sign up. All resold accounts will be prorated to Resellers next billing date, at which time Reseller will be billed the prorated fee and full month fee for all resold accounts. Invoices / Statements: Web Host It does not submit monthly invoices or statements for Reseller accounts. It is the responsibility of the reseller to maintain a record of all activity to their Reseller account and their credit card statements will serve as the receipt for such activity. Unpaid Accounts: In the event that a users credit card is declined for their fees we will email the client and provide them 48 hours to provide a new credit card for billing their account. In the event that new billing information is not provided within that time frame, the account in question will be suspended until payment is made. Any account suspended will be deleted from our servers after 5 days. Chargebacks: In the event that any client performs chargeback(s) for services rendered, the account in question will be suspended immediately, without notice to client. An email will be sent to the client, demanding a reversal of the chargebacks, all communications with client, including account activation request, support requests, and all other correspondence between Blue Ink It/Web Host It, will be forwarded to both Blue Ink It attorney's, and to the clients credit card institution. Suspended accounts due to chargebacks, will remain suspended until chargeback fees are reversed. Any account suspended will be deleted from our servers after 5 days. Returned Checks: Upon receipt of a returned check, the account in question will be immediately suspended. An email will be sent to the client, providing them with 48 hours to pay the check amount, plus a $30.00 return check fee. In the event that the fees are not paid, the check will be turned over to a collection agency for collection. Any account suspended will be deleted from our servers after 5 days. MONEY BACK GUARANTEE: Money Back Guarantee applies to new clients only. Regular Hosting Clients - Month to Month paying clients: Should you become unsatisfied with our services within the first 30 days of your account activation, Web Host It will refund your hosting fee. Annual Paying Clients - Clients paying their accounts for a year in advance ARE NOT ELIGIBLE for refunds on their accounts. We ask that all clients try us for 30 days before paying for a year and taking advantage of our discounts. NOTE: All accounts paying for their accounts for a year must pay their fees using a check or money order. Checks are accepted online and your accounts will be verified prior to any registration. Accounts paying by money order - we must receive payment prior to account activation or domain registration. Reseller's - In the event that you become unsatisfied with our services within 30 days of your reseller account activation, only your initial account fees will be refunded. However, once you have added a resold account to your Reseller Plan you will no longer qualify for the money back guarantee. We can not be HELD LIABLE for any fees that you charge your clients and will NOT refund such fees. Web Host It does not refund fees which you have paid to register any domain names. RESELLERS: Resellers and their clients are bound by these same Policies. By purchasing and reselling Web Host It services, you hereby agree that Web Host It shall not be held liable for any promises or failure of same that Reseller's extend to their clients, including but not limited to, quality of service, financial obligations, financial losses or any other claim NOT provided to Reseller in writing by Web Host It. It is the legal duty and obligation of the Reseller to provide these policies and guidelines to its client(s). Any person(s) applying to become a reseller for Web Host It agrees to comply with our Policies and agrees to enforce such Policies on their clients. Reseller's are responsible for billing and supporting their own clients while Web Host It bills and supports its Reseller(s). Additionally, Resellers are required to maintain open communications with their clients in order for their clients to obtain technical support, resolve billing issues, and any other issues regarding their account on our servers. In the event that a Reseller fails to meet their obligations as a web hosting provider, violates Web Host It policies, fails to pay fees due on designated due date, risks suspension or is suspended, Web Host It reserves the right to open communications with Reseller(s) clients in order to assist that client in maintaining a live account on Web Host It servers. LIMITATION OF LIABILITY: Web Host It shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Web Host It's servers going off-line or being unavailable for any reason whatsoever. Further, Web Host It 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 Web Host Its servers. All damages shall be limited to the immediate termination of service. Web Host It shall be the sole arbiter of what is and is not a violation of these acceptable use policies. Web Host It reserves the right to terminate an account at any time and for any reason that causes harm to any Web Host It customer's web sites. Web Host It reserves the right to delete all content and files upon termination. Web Host It reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. Web Host It reserves the right to refuse, cancel, or suspend service at our sole discretion. Web Host It reserves the right to change these Policies without prior notice or warning. Non-enforcement of any part of these Policies does not constitute consent. Clients should review these Policies every two weeks for changes and additions. Violations of these Policies should be referred to legal.admin@webhostit.com. All complaints will be investigated promptly. |
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