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User
Agreement
Lindsay's Web Creations
is
the
primary
business
holder
for
ozehosts.com
(SP).
SP provides web hosting
services to numerous clients which means that we have a responsibility
to protect each client and to provide the best services available. The
following guidelines have been established to ensure these crucial
obligations are met.
These Policies, Guidelines, and Disclaimer are intended for all domains
provided with hosting services by
SP.
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 provided by
SP
and spamming from some other
sources), trolling (posting controversial
messages in newsgroups to generate responses), mail bombing (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 distributed unsolicited
email. Any customer repeatedly "mail bombed" or that attracts
such behaviour will be asked to leave. If you are not sure if your
actions will be in violation, please ask first abuse@ozehosts.com
. We also do not allow sites selling
spamware.
Age:
The client must
be 18 years of age to obtain our service.
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.
SP
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,
SP
will not substitute itself for a
court of law in deciding tort claims raised by the third party.
Abuse of the law:
Services
provided
by
SP
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 or persons; threatening
bodily harm or damage to individuals or groups; violating 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.
SP
reserves the right to check system files, email,
and other data stored through the use of the service 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
services
provided
by
SP.
Abuse of
SP
provided
Server Resources:
Running programs in the background on a server
provided
by
SP
without prior written
authorization
by
SP, or running chat rooms,
Internet Relay Chat, IRC bots, and the like are not acceptable uses of
SP
servers. Further, any usage of twenty percent (20%)
or more of
SP
system resources is an undue burden on the system and is
unacceptable. If your usage ever exceeds twenty percent (20%) of system
resources, you will be contacted and asked to eliminate the problem. In
addition, any domain that exceeds ten gigabytes of bandwidth
traffic can be terminated without prior notice.
Hacking/Cracking:
SP
reserves the right to report illegal activities to any and
all regulatory, administrative, and/or governmental authorities for
prosecution.
OTHER BEHAVIOUR:
The following examples of unacceptable
behaviour
are non-exclusive, and
are provided for guidance purposes. If you are unsure if your actions
will be a violation of
SP
policies please ask abuse@ozehosts.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.
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
SP
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.
FrontPage web publishing: knowledge of the FrontPage 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. The Client agrees that
it is not the responsibility of
SP
to provide this knowledge or
support outside matters
specific to
SP
services.
BACKUPS:
Full backups are made weekly, and backups of new/changed data made
nightly. No guarantees are made of any kind, either expressed or
implies, as to the integrity of these backups. Backups are made for
server restoration purposes only. It is the clients’ responsibility to
maintain local copies of their web content and any information. If loss
of data occurs due to system error, all attempts to recover the data
will be made at no charge to the client. If data loss occurs due to
negligence of a client in securing their account or by an action of the
client,
SP
will attempt to recover the data from the most recent
archive for a
$250.00AU fee.
MONEY BACK GUARANTEE:
Should you become unsatisfied with our services within the first 30 days
of your account activation,
SP
will refund your hosting fee.
SP
does not refund
domain
name
fees
or
any
other
third
party
fee
which
have
been
paid
for
as
part
of
plans
provided.
LIMITATION OF LIABILITY:
Lindsay's Web Creations
being
the
primary
business
holder
for
ozehosts.com
(SP)
shall not be responsible
for any claimed damages, including incidental and consequential damages,
which may arise from the use of the service, such as going off-line or
being unavailable for any reason whatsoever. Further, Lindsay's Web
Creations and/or ozehosts.com 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 hosted servers
provided through the service. All damages shall be limited to the
immediate termination of service.
SP
shall be deemed as the arbiter of what is and is not a
violation of these acceptable use policies.
SP
reserves the
right to terminate an account at any time and for any reason that causes
harm to any
SP
customer's web sites.
SP
reserves the
right to delete all content and files upon termination.
SP
reserves the right to withhold any pre-paid funds for any site removed
for violations of these policies.
SP
reserves the right to
refuse, cancel, or suspend service at
it's
sole discretion.
SP
reserves the right to change these Policies without prior
notice or warning. Non-enforcement of any part of these Policies does
not constitute consent.
Violations of these Policies should be referred to abuse@ozehosts.com
All complaints will be investigated promptly.
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