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Terms of Service
(updated 9/08/05) |
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By using
our web hosting services, you agree to comply with our policies. You
are expected to use the Internet with respect, courtesy, and
responsibility, giving due regard to the rights of other Internet
users. We expect you to have a basic knowledge of how the Internet
functions, the types of uses which are generally acceptable, and the
types of uses which are to be avoided. Common sense is the best guide
as to what is considered acceptable use. The following are
unacceptable uses:
Illegality in any form, including but not limited to activities such
as unauthorized distribution or copying of copyrighted software,
violation of U.S. export restrictions, harassment, fraud, trafficking
in obscene material, drug dealing, and other illegal activities.
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Illegal
Use
HESWebsite servers may be used only for lawful purposes. Transmission,
distribution or storage of any material in violation of any applicable
law or regulation is prohibited. This includes, without limitation,
material protected by copyright, trademark, trade secret or other
intellectual property right used without proper authorization, and
material that is obscene, defamatory, constitutes an illegal threat,
or violates export control laws.
Examples of non-acceptable content or links:
Pornography and
sex-related merchandising is prohibited on all HES Website servers. HES
reserves the right to decide what it considers "adult content", "adult
material", "sexually explicit", or "sexually related". Let us know if
you are unsure of the approval of your site before placing an order.
We will
be the sole arbiters as to what constitutes a violation of this
provision.
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System
and Network Security
Violations
of system or network security are prohibited, and may result in
criminal and civil liability. Examples include, but are not limited to
the following: unauthorized access, use, probe, or scan of a systems
security or authentication measures, data or traffic. Interference
with service to any user, host or network including, without
limitation, mail bombing, flooding, deliberate attempts to overload a
system and broadcast attacks. Forging of any TCP-IP packet header or
any part of the header information in an e-mail or a newsgroup
posting.
It is a violation for anyone who, including but not limited to,
employs posts or programs which consume excessive CPU time or storage
space, permits the use of mail services, mail forwarding capabilities,
POP accounts, or auto responders other than for their own account; or
resale of access to CGI scripts installed on our servers.
Any attempt to undermine or cause harm to a server, or customer,
of HES Websites is strictly prohibited and your account will be
suspended immediately.
Security: You
are responsible for any misuse of your account, even if the
inappropriate activity was committed by a friend, family member, guest
or employee. Therefore, you must take steps to ensure that others do
not gain unauthorized access to your account. In addition, you may not
use your account to breach security of another account or attempt to
gain unauthorized access to another network or server. |
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Spamming
Sending unsolicited mail messages,
including, without limitation,
commercial advertising and
informational announcements, is
expressly prohibited. A user shall
not use another site's mail server
to relay mail without the express
permission of the site or
distributing, advertising or
promoting software or services that
have the primary purpose of
encouraging or facilitating
unsolicited commercial E-mail or
spam.
It
is contrary to HES Websites policy
for customers to use our servers to
effect or participate in any of the
following activities:
To post to any Usenet or other
newsgroup, forum, e-mail mailing
list or other similar group or list
articles which are off-topic
according to the charter or other
owner-published FAQ or description
of the group or list;
To send unsolicited mass e-mailings,
if such unsolicited e-mailings
provoke complaints from the
recipients;
To engage in any of the foregoing
activities using the service of
another provider, but channeling
such activities through a HES
Websites provided server, or using a
HES Websites provided server as a
maildrop for responses;
To falsify user information provided
to HES Websites or to other users of
the service in connection with use
of a HES Websites service.
When HES Websites becomes aware of
an alleged violation of its
Acceptable Use Policy, HES Websites
will initiate an investigation
(within 24-48 hours). During the
investigation HES Websites may
restrict Customer 's access in order
to prevent further possible
unauthorized activity. If the
Customer is found in violation of
our SPAM policy, HES Websites may,
at its sole discretion, restrict,
suspend, or terminate Customer's
account and/or pursue other civil
remedies. Also, HES Websites
reserves the right to pursue civil
remedies for any costs associated
with the investigation of a
substantiated policy violation. If
such violation is a criminal
offense, HES Websites will notify
the appropriate law enforcement
department of such violation.
HES Websites does not issue service
credits for any outages incurred
through service disablement
resulting from Policy violations.
The Customer shall be held liable
for any and all costs incurred by
HES Websites as a result of the
customer's violation of these terms
and conditions. This is including,
but is not limited to, attorney fees
and costs resulting from Postmaster
responses to complaints from and the
cleanup of unsolicited commercial
mailings and/or unauthorized bulk
mailings and/or news server
violations. First violations will
result in a Cleanup Fee of $350 and
the customer’s account will be
reviewed for possible immediate
termination. Each subsequent
violation thereafter will result in
Cleanup Fee of $750 and immediate
termination of the customer’s
account. The Customer who violates
this policy agrees to also pay
Investigation Fees of no more than
$175 per hour that HES Websites
personnel must spend to investigate
any violations. |
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| Traffic Usage
All account plans come with a
predetermined amount of traffic allowance. We monitor all accounts and
bill $5.00 for each gigabyte of traffic exceeded. This amount is not
prorated, this meaning that 1kb - 1GB will be treated and billed as
the same. If payment is not made within 24 hours of going over
your limit, we will suspend your account. |
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Refusal of
Service:
We reserve the right to refuse, cancel, or suspend service at our
sole discretion. |
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| Domain Name
Registration fees WILL NOT be refunded under any circumstances. |
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| If your account
is found to contain illegal activity, Illegal MP3 Files, Pirated
software, hacker programs, Warez programs, or any other illegal files,
your account will be terminated immediately without notice and a
$65.00 Cancellation fee will apply. ** Also the proper (and your
local) authorities will be notified of your actions. We are not
responsible for any losses you may incur. |
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DISCLAIMER:
HES Websites can not be held liable for system down time, crashes, or
data loss. We cannot be held liable for any predicted estimate of
profits in which a client would have gained if their site was
functioning. Certain services provided by HES Websites are resold.
Thus, certain equipment, routing, software, and programming used by
HES Websites are not directly owned or written by HES Websites.
Moreover, HES Websites holds no responsibility for the use of our
clients accounts. If any terms or conditions are failed to be
followed, the account in question will be automatically deactivated.
We reserve the right to remove any account without advanced notice for
any reason without restitution as HES Websites sees fit. |
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Account Cancellation:
All requests for canceling any service / services must be made in
writing with at least 30 days notice but not more than 60 days prior
written notice. Confirmation Receipt of cancellation will be sent
within 24 hours of our normal cancellation department hours of 9AM to
5PM EST Monday - Friday. |
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Scheduled Downtime
is any HES Websites scheduled interruption of Services, for the
purpose of network upgrades, or replacement of any equipment in order
to provide for you better service. Scheduled downtime occurs during
notified downtime periods, with as much advance warning as possible
via e-mail with a minimum of 12 hours notice. |
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| FURTHERMORE, HES
Website retains the right to change any or all of the above Policies,
Guidelines, and Disclaimer without any type of notification. |
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