Acceptable Use Policy:
Violations, queries, and information regarding the Acceptable Use Policy should be addressed to .
We do not charge any kind of account termination fee and you may cancel your service at any time.
Web hosting with us is a privilege, not a right, and carries with it certain responsibilities and duties. Our goal in establishing this Acceptable Use Policy is to protect both our site owners and the larger Internet community from the consequences of irresponsible use of accounts and resources.
We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.
The short don't list is:
All customers, clients, and users of our system are required to comply with this Policy.
All violations of the Acceptable Use Policy will be reviewed for appropriate action that could include termination of access. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
We are firmly committed to the principles of free speech, however, certain activities are damaging to our resources and the Internet and cannot be permitted under the guise of free speech.
We discourage IRC activity because it attracts network attacks far more than any other activity. We will not run these services on any shared hosting resource.
You may not use your account to send unsolicited bulk or commercial messages
("spam"). This includes, but is not limited to, bulk mailing
of commercial advertising, informational announcements, charity requests,
petitions for signatures, and political or religious tracts. Such messages
may only be sent to those who have explicitly requested it.
Not every "flame" message or angry exchange of email or newsgroup posting can automatically be considered harassment. We are not responsible for the content or tone of any email or other transmissions of the subscribers to our service or other parties using the Internet. Subscribers or others should not expect that we will attempt to mediate or otherwise become involved in any particular disagreement or dispute between Internet users. The Internet is a network intended for use by mature, adult users. All users should recognize this principle and undertake at all times to act with respect, courtesy and responsibility, giving due regard to the interests and rights of other Internet users, groups, and networks. We expect and appreciate the use of common sense and good judgment while using the network.
The customers, clients or users are solely responsible for any information contained on their homepages, web pages or web sites. However, if complaints are received regarding language, content or graphics contained on your homepage, web pages, or web sites, we may, at our sole discretion, remove the homepage, web pages, or web site and terminate your service. We can happily say that we have never yet had to cancel a customer due to site content.
You may not use your personal home page site to publish material that we determine, at our sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.
Unlawful content is that which violates any law, statute, treaty, regulation, or lawful order. This includes, but is not limited to: obscene material; defamatory, fraudulent or deceptive statements; threatening, intimidating or harassing statements, or material which violates the privacy rights or property rights of others (copyrights or trademarks, for example).
Indecent content is that which depicts sexual or excretory activities in a patently offensive matter as measured by contemporary community standards.
Objectionable content is otherwise legal content with which we conclude, at our sole discretion, we do not want to be associated with in order to protect our reputation and brand image, or to protect our employees and affiliates.
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.
For security purposes the listed account holder, and/or the listed account administrator are the only authorized individuals that may request edits, changes, or information for the account. Authorization to release information and/or edit and/or make changes from anyone other than the listed account holder and/or the listed account administrator must be received in writing. Your password provides access to your account. It is your responsibility to keep your password secure.
A good guide for secure passwords is to use at least six characters, and at least one number or symbol as well as both uppercase and lowercase letters, and should not be based on any word found in the dictionary or on any personal information (name or birth date, for example). Your password should not be the same as your user ID. Sharing your password and account access with unauthorized users is prohibited.
You should take care to prevent others from using your account since you will be held responsible for such use. Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service. You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
You may not attempt to circumvent user authentication or security of any host, network or account ("cracking"). This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
You may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
Users who violate systems or network security may incur criminal or civil liability. We 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.
All accounts are monthly accounts and are prepaid. Charges for new accounts are prorated to accommodate the billing cycle. The billing cycle runs from the first of the month to the last day of the month. Charges for terminating accounts are not prorated. Charges for usage by customer beyond the base amount of usage contained in customer's service plan shall be billed the following month along with base charges for the coming month. Payment is due by the first of the month.
We may terminate any account with no refund to customer in the event of customer's breach of any of the terms or conditions contained herein.
Delinquent accounts are those that remain unpaid at the beginning of the next accounting cycle. We send two late notices in addition to the initial invoice. Accounts that are delinquent for more than twenty five days are suspended and access is denied. Accounts continue to accrue charges while they are suspended. Accounts that are unpaid for a month after the due date have their files purged. The account holder acknowledges responsibility for the account until payment in full is made.
There is a $25.00 service charge for each returned check.
All accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account. You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time on shared resources. You may not use resource-intensive programs that negatively impact other customers or the performance of systems or networks. We reserve the right to terminate or limit such activities.
ALL SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THESE SERVICES OR ANY INFORMATION OR SOFTWARE PROVIDED THEREBY.
We make regular backups of all customer sites on our servers. This is done as a courtesy service and under no circumstances do we intend for this to be a substitute for you making backups of your own website data and files.
We are not responsible for Customer's files residing on our servers or the network. Each customer is responsible for independent backup of all such data at a site determined by the customer. We cannot and do not exercise any control whatsoever over the information passing through its network or through the Internet. We are in no way responsible for any data loss or damage arising from viral infection from the Internet. We and/or contributors shall have no liability whatsoever to you for any claim(s) relating in any way to: your inability or failure to perform research or related work or to work properly or completely, or any lost profits or consequential, exemplary, incidental, indirect or special damages relating in whole or in part to your rights hereunder or use of, or inability to use, hosting services. We will not be responsible for any damage suffered by you, including, but not limited to, loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence or your errors or omissions. Our network services may be used only for lawful purposes. Transmittal of any material in violation of any international, federal or state regulation is prohibited. This includes, but is not limited to: copyrighted materials, material legally judged to be threatening or obscene, or material protected by trade secret or software protected by copyright. You agree to indemnify and hold us harmless from any claims resulting from your use of the service that damages you or another party. Any access to other networks through our network must comply with the rules appropriate for the other network. Violation of the rules of other networks is grounds for account cancellation. This includes, but is not limited to, mass Usenet posting, Usenet cross-posting, mass emailing, and/or the sending of unsolicited email, commercial or otherwise. We shall not be liable under any legal theory (including tort or contract) for any direct, indirect, incidental, special or consequential damages in any way related to the product or services provided. Under no circumstances and under no legal theory, tort, contract, or otherwise, shall we be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work-stoppage, computer failure or malfunction, or any and all other commercial damages or losses, or for any damages even if we have been informed of the possibility of such damages, or for any claim by any other party.
We reserve the right to change our services without notice including but not limited to access procedures, hours of operation, menu structures, commands, documentation, and services offered. Should there be any modifications to this Acceptable Use Policy, the changes will be posted to this web page and an email announcement sent out. Any continued use of our services after such notice shall constitute your acceptance of such modifications. You understand that services may be interrupted for several reasons, including but not limited to malfunctions, maintenance, and improvement or as required to protect network resources in the event of malfunctions or misuse. You understand that you may not receive advance notification of any such interruption of service. There will be no refunds for scheduled or unscheduled service interruptions. At our sole discretion, we may elect to provide a pro rata or additional/extension of service refund for service interruptions. We reserve the right at our sole discretion to delete any information entered into our computer systems by You. We shall retain the right, but shall not be obligated, to review/accept/reject publicly viewable information. We reserve the right to delete Customer's files, including but not limited to Web page(s) and email, for which service has not been paid and which have not been accessed for more than one (1) month. We reserve the right to refuse and/or terminate service to anyone or any entity for any reason at our sole discretion with or without notice.
Copyright © 2008 by Gem3. All Rights Reserved.