Terms of Service Agreement Introduction Creative Web Solutionz is a web hosting & web design service. In order to maximize the efficiency with which we serve our customers and to protect the best interests of both Creative Web Solutionz and our customers, we require all customers to agree to the terms of this document before beginning paid service with us. By placing information on our servers, you acknowledge that you have read and understand this agreement, and agree to be bound by the terms and conditions contained herein. Definitions A "Creative Web Solutionz" refers to the web hosting services provided by our operating companies. B. "Customer" refers to you, the party requesting service from Creative Web Solutionz and using services provided by Creative Web Solutionz. C. "The Service" refers to the service(s) provided by Creative Web Solutionz to its customers, including, but not limited to, the use of space on Creative Web Solutionz internet servers for the purpose of storing data to be transmitted across the Internet, the use of Creative Web Solutionz Internet servers to process data and return information to visitors at customer web site(s), the use of Creative Web Solutionz domain name servers to answer domain name queries for customer domain name(s), the use of Creative Web Solutionz domain name registration services to register a domain name(s), and the use of Creative Web Solutionz mail servers for sending and/or receiving electronic to and/or from others on the Internet or other data networks worldwide. D. "ALLOTTED DISK QUOTA" refers to the amount of space advertised to you at Creative Web Solutionz when you ORDERED your respective web hosting account. User-Supplied Content All services may be used for lawful purposes only. Through Creative Web Solutionz service, you may have access to chat areas, bulletin boards, webpages, email, or other services that enable you to send or post materials ("content") and make that content available to others. You must not submit, publish, or display on the network any defamatory, inaccurate, abusive, obscene, infringing, or threatening content. In addition, you may not submit, publish, or display any content that violates any US Federal, State, or Local Law. You are solely responsible for the content you make accessible through the Creative Web Solutionz network. You may not use the service to assist any other person or entity to violate any Federal, State, or Local Laws, Ordinances or Regulations. Creative Web Solutionz is not obligated to monitor the network to examine available content. You hereby acknowledge that if we are made aware of content that is determined to be, in its sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent, or otherwise objectionable, Creative Web Solutionz has the right, but not the obligation, to edit, remove, or deny access to such content. Creative Web Solutionz may disclose any content or records concerning a customer's account as required to satisfy any Law, Regulation, Governmental Request, or Court Order. Pornography and sex-related merchandising are prohibited on all Creative Web Solutionz servers. This includes sites that may infer sexual content, display nudity, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Creative Web Solutionz servers or any other server on the Internet. Links to such materials are also prohibited. In addition, any site selling or promoting bulk email service is not allowed. Below are some examples of non-acceptable content or links: Adult Sites - Any erotic or pornographic material, links to adult sites, or advertisements for adult sites. Pirated Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost: i.e. ROMs, ROM Emulators, and MPEG Layer 3 files (MP3s). Copyright Violations - Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer. Due to the harmful nature of formmail scripts out there, we do not allow ANY script or filename of any kind named *formmail* other than the SYSTEM installed formmail which is a SYSTEM script and is not ACTUALLY located in your cgi-bin, but is in EVERYONES cgi-bin, via cgi-sys... and info on it is available by logging into your control panel, and clicking on formmail link. If you know you have a good formmail script, then install it, but make sure it is named something else, and make DARN SURE it is secure, because if it is caught being used for spamming, it will get the account fined and terminated. Hacking/Phreaking - Includes sites with material, links, or resources for hacking, phreaking, viruses, anarchy, or any type of site that promotes or participates in willful harm to internet sites or providers. All of the following programs/scripts/processes/process types are NOT ALLOWED on our system: nestea.c Duy scrollz BNC PsyBNC IRC (ANY IRC OF ANY KIND) BitchX EggDrop PERSISTENT MYSQL, PERSISTENT CONNECTIONS MYSQL, PERSISTENT MYSQL CONNECTIONS, PERSISTENT CONNECTIONS OF ANY KIND. Any script using PORTS. Any sniffer of any kind. etc. Network Security Customers may not use the Creative Web Solutionz network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's Security Policy. Customers may not attempt to interfere or deny service to any user, host or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Creative Web Solutionz will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with Law Enforcement Authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.. CGI Scripts Each Creative Web Solutionz account comes fully equipped with its own pre-configured CGI-Bin. Customers are free to use any CGI-Scripts provided with their account or add any additional ones they require. Any CGI-Scripts deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice. CGI-Script sharing with domains not hosted by Creative Web Solutionz is not allowed. Chat Rooms Creative Web Solutionz prohibits its customers from installing outside chat rooms on their domain, as these tend to be a resource problem. Creative Web Solutionz does provide its customers with a free chat room. This chat room were designed to meet the growing needs of customers and function without hindering the performance of the servers for others. Server Resources Any website that uses a high amount of server resources (such as, but not limited to CPU time, memory usage, and network resources) may be shut down without prior notice. Background Running Programs Background Daemons are prohibited. IRC Creative Web Solutionz prohibits its customers from operating IRC or IRC Bots on any of the servers in the Creative Web Solutionz Network. MailMan Mailing List Program Creative Web Solutionz prohibits its customers from operating large mailing lists. This includes but is not limited to the archiving of Large (larger than 20 megs) Mailman Lists. Backups / Restores As a courtesy, Creative Web Solutionz provides a monthly backup service on shared hosting accounts. You can request our administrators to run a backup of your site or any files for a one-time $50 charge. Although Creative Web Solutionz tries to ensure these backups are complete and accurate, we cannot guarantee data integrity. It is possible that a site and/or file may not be able to be restored without our knowledge. Creative Web Solutionz recommends that the customer periodically and frequently backup their site to their local computer. On most accounts there is a backup manager that can assist you in this process. A backup may not be included with a dedicated server type plan. We recommend dedicated server customers can purchase a backup option to protect data. Commercial Advertising/Mass Mailings You must not use the Creative Web Solutionz network, Creative Web Solutionz equipment, or any Creative Web Solutionz email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Creative Web Solutionz network, Creative Web Solutionz equipment or any Creative Web Solutionz email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages. If you are found to have spammed, without warning, Creative Web Solutionz reserves the right to disable your domain. In addition, Creative Web Solutionz may impose a $100 penalty for each spam policy violation. Creative Web Solutionz solely reserves the right to refuse or cancel service to known spammers. Lastly, Creative Web Solutionz reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund. Distribution and/or Transmission of Obscene, Indecent Speech or Materials Violation of Indecency and Obscenity Laws can result in criminal penalties. Intellectual Property Rights Material accessible to you through Creative Web Solutionz services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets, or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Creative Web Solutionz service in a manner that would infringe, violate, dilute, or misappropriate any such rights, with respect to any material which you access or receive through the Creative Web Solutionz network. If you use a domain name in connection with the Creative Web Solutionz service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party. Defamation Defamatory speech distributed over the Internet can result in civil liability for the defamer. Fines Violating ANY OR ALL of the guidelines outlined on this page can result in a fine, not to exceed $100 per incident. Refusal of Service Creative Web Solutionz reserves the right at its sole discretion to refuse or cancel service. Violation of any of Creative Web Solutionz rules and regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.
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