 |
 |
 |
| |
ACCEPTABLE USE POLICY |
|
| |
|
|
| |
By signing up
for hosting services with our company, you agree to the
following Acceptable Use Policy and Terms of Service.
Single Site Restrictions:
There are no restrictions on how anyone uses a copy of
any Choctaw Hosting and Web Design template purchased
from us. Choctaw Hosting and Web Design templates can be
used for any type of website to sell or display any type
of product or service. Choctaw Hosting and Web Design
templates can be used for business, corporations,
organizations, stores, any type of institution or for
personal or family websites. They can be modified in any
way a client would like. Clients are free to add and
remove images, scripts, Flash or Swish applications,
pages, etc... as any purchaser would like. This applies
to a single copy of any template. A $50.00 re-use fee is
required to use a second copy of any template on another
website subject to the rules outlined on this page.
Copyright:
Choctaw Hosting and Web Design Corporation is the sole
owner and copyright holder for any and all templates
featured on this website. All Templates are sold for a
single website use unless the requirements outlined
below are met. Reselling or giving any Choctaw Hosting
and Web Design template to any other party not outlined
below is a violation of copyright law. This does not
indicate that an Choctaw Hosting and Web Design template
user can not copyright their website. Any template user
may add copyright notices to any template they own.
These copyrights should be for the content and/or images
they have added to the template.
Choctaw Hosting and Web Design Copyright Notices:
The Choctaw Hosting and Web Design copyright in the
footer can be removed or edited with your own info after
your purchase. You do not need to leave any references
to Choctaw Hosting and Web Design on your website or in
the website template.
Template Images:
Images included in any Choctaw Hosting and Web Design
template download can be used freely on the purchasers
website. Images included in the download may be modified
freely, resized and page location or placement can be
changed on any or all of the template pages. These
template images are royalty free provided they are used
in the Choctaw Hosting and Web Design template you have
purchased. Choctaw Hosting and Web Design still
maintains the copyright on all template images. Images
may not be resold or distributed to other parties unless
the website is being sold a single time. Template images
may not be used for projects, including printed
material, other than for use on the purchased Choctaw
Hosting and Web Design template.
Web Hosting/Designer Usage:
If you are a web designer or developer and are setting
up one of our templates for a client, you do NOT have to
inform your client of the Choctaw Hosting and Web Design
"Template Usage Agreement" and you may remove all
references to Choctaw Hosting and Web Design from the
template pages. Your client then owns the copyright for
that website and are free to sell their site one time
without any payments to Choctaw Hosting and Web Design.
As a web designer you are free to
replace our footer copyright with your own link. We ask
that you not put a copyright symbol with the link,
however it is not a violation of this agreement if you
do. We want to keep the user agreement as flexible as we
can for designers and developers.
If you no longer use our hosting service, a $500.00
template price payment is expected before the template
can be used with another hosting service.
ACCEPTABLE USE POLICY
Our Acceptable Use Policy ("AUP") is
provided to give our customers and users a clear
understanding of what we expect of them while using the
service. All users of our services: those who access
some of our Services but do not have accounts, as well
as those who pay a service fee to subscribe to the
Services, must comply with this AUP and our TOS (Terms
of Service).
Use of our Service constitutes acceptance and
agreement to The AUP as well as The TOS (Terms of
Service)
We support the uncensored flow of information and ideas
over the Internet and do not actively monitor subscriber
activity under normal circumstances. Similarly, we do
not exercise editorial control over the content of any
web site, e-mail transmission, newsgroups, or other
material created or accessible over or through the
services, except for certain proprietary Web sites.
However, in accordance with our TOS (Terms of Service),
we may remove any materials that, in our sole
discretion, may be illegal, may subject us to liability,
or which may violate this AUP. We may cooperate with
legal authorities and/or third parties in the
investigation of any suspected or alleged crime or civil
wrongdoing. Your violation of this AUP may result in the
suspension or immediate termination of either your
account or other actions as detailed in Section 3
WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understand
of our Acceptable Use Policy. The following are
guidelines for the establishment and enforcement of the
AUP:
-
Ensure reliable service to our customers
-
Ensure security and privacy of our systems and network, as well as the networks and systems of others
-
Comply with existing laws Maintain our reputation as a responsible service provider
-
Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
-
Preserve the value of Internet resources as a conduit for free expression and exchange of information
-
Preserve the privacy and security of individual users
We intend to provide our customers
access to everything the Internet has to offer. While we
are firmly committed to the principles of free speech,
certain activities that may be damaging to the resources
of both us and the Internet and cannot be permitted
under the guise of free speech. The resources of us and
the Internet are limited, and abuse of these resources
by one user has a negative impact on the entire
community.
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.
You may not use your dedicated rack or virtual site to
publish material, which 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.
If an account is used to violate the Acceptable Use
Policy or our TOS, we reserve the right to terminate
your service without notice. We prefer to advise
customers of inappropriate behavior and any necessary
corrective action, however, flagrant violations of the
Acceptable Use Policy will result in immediate
termination of service. 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.
As a member of our network community, you must use your
Internet access responsibly. If you have any questions
regarding this policy, please contact us.
VIOLATIONS OF The ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
-
Illegal use: Our services
may not be used for illegal purposes, or in support
of illegal activities. We reserve the right to
cooperate with legal authorities and/or injured
third parties in the investigation of any suspected
crime or civil wrongdoing.
-
Harm to minors: Use of our
service to harm, or attempt to harm, minors in any
way, including, but not limited to child
pornography.
-
Threats: Use of our
service to transmit any material (by e-mail,
uploading, posting or otherwise) that threatens or
encourages bodily harm or destruction of property.
-
Harassment: Use of our
service to transmit any material (by e-mail,
uploading, posting or otherwise) that harasses
another.
-
Fraudulent activity: Use
of our service to make fraudulent offers to sell or
buy products, items, or services, or to advance any
type of financial scam such as "pyramid schemes,"
and "chain letters."
-
Forgery or impersonation:
Adding, removing or modifying identifying network
header information in an effort to deceive or
mislead is prohibited. Attempting to impersonate any
person by using forged headers or other identifying
information is prohibited. The use of anonymous
re-mailers or nicknames does not constitute
impersonation.
-
Unsolicited commercial e-mail
/ Unsolicited bulk e-mail (SPAM) Use of our
service to transmit any unsolicited commercial or
unsolicited bulk e-mail is expressly prohibited.
Violations of this type will result in the immediate
termination of the offending account.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting
websites or services on their server that support
spammers or cause any of our IP space to be listed
in any of the various Spam Databases will have their
server immediately removed from our network. The
server will not be reconnected until such time that
you agree to remove ANY and ALL traces
of the offending material immediately upon
reconnection and agree to allow us access to the
server to confirm that all material has been
COMPLETELY removed. Severe violations may result
in immediate and permanent removal of the server
from our network without notice to the customer. Any
server guilty of a second violation WILL be
immediately and permanently removed from our network
without notice.
-
E-mail / News Bombing: Malicious intent
to impede another person's use of electronic mail
services or news will result in the immediate
termination of the offending account.
-
E-mail / Message Forging:
Forging any message header, in part or whole, of any
electronic transmission, originating or passing
through our service is in violation of this AUP.
-
Usenet Spamming: We have a
zero tolerance policy for the use of its network for
the posting of messages or commercial
advertisements, which violate the rules,
regulations, FAQ or charter of any newsgroups or
mailing list. Commercial messages that are
appropriate under the rules of a newsgroup or
mailing list or that are solicited by the recipients
are permitted.
-
Unauthorized access: Use
of our service to access, or to attempt to access,
the accounts of others, or to penetrate, or attempt
to penetrate, security measures of ours or another
entity's computer software or hardware, electronic
communications system, or telecommunications system,
whether or not the intrusion results in the
corruption or loss of data, is expressly prohibited
and the offending account is subject to immediate
termination.
-
Copyright or trademark
infringement: Use of the service to transmit any
material (by e-mail, uploading, posting or
otherwise) that infringes any copyright, trademark,
patent, trade secret or other proprietary rights of
any third party, including, but not limited to, the
unauthorized copying of copyrighted material, the
digitization and distribution of photographs from
magazines, books, or other copyrighted sources, and
the unauthorized transmittal of copyrighted
software.
-
Collection of personal data:
Use of the service to collect, or attempt to
collect, personal information about third parties
without their knowledge or consent.
-
Network disruptions and
unfriendly activity: Use of the service for any
activity which affects the ability of other people
or systems to use our Services or the Internet. This
includes "denial of service" (DOS) attacks against
another network host or individual user.
Interference with or disruption of other network
users, services or equipment is prohibited. It is
the Member's responsibility to ensure that their
network is configured in a secure manner. A
Subscriber may not, through action or inaction,
allow others to use their network for illegal or
inappropriate actions. A Subscriber may not permit
their network, through action or inaction, to be
configured in such a way that gives a third party
the capability to use their network in an illegal or
inappropriate manner. Unauthorized entry and/or use
of another company and/or individual's computer
system will result in immediate account termination.
We will not tolerate any subscriber attempting to
access the accounts of others, or penetrate security
measures of other systems, whether or not the
intrusion results in corruption or loss of data.
-
Fraud: Involves a knowing
misrepresentation or misleading statement, writing
or activity made with the intent that the person
receiving it will act upon it.
-
Infringement of Copyright,
Patent, Trademark, Trade Secret, or Intellectual
Property Right: Distribution and/or posting of
copyrighted or the aforementioned infringements will
not be tolerated.
-
Distribution of Viruses:
Intentional distributions of software that attempts
to and/or causes damage, harassment, or annoyance to
persons, data, and/or computer systems are
prohibited. Such an offense will result in the
immediate termination of the offending account.
-
Inappropriate Use of Software:
Use of software or any device that would facilitate
a continued connection, i.e. pinging, while using
our services could result in suspension of service.
-
Third Party Accountability:
Our subscribers will be held responsible and
accountable for any activity by third parties, using
their account, that violates guidelines created
within the Acceptable Use Policy.
-
Violation Of our Virtual
Accounts: It is absolutely forbidden to host
pornographic content or IRC servers on Virtual
Server Accounts. Virtual Server Accounts found
hosting this material will be subject to immediate
cancellation without refund.
-
IRC networks: It is
absolutely forbidden to host an IRC server that is
part of or connected to another IRC network or
server. Servers found to be connecting to or part of
these networks will be immediately removed from our
network without notice. The server will not be
reconnected to the network until such time that you
agree to completely remove any and all traces of the
irc server, and agree to let us have access to your
server to confirm that the content has been
completely removed. Any server guilty of a second
violation will result in immediate account
termination.
-
Unlimited Accounts:
Unlimited Accounts are indeed unlimited. These
accounts are not to be used to host a collection of
MP3's, Warez, or to Backup Your Home Computer. These
accounts may also not be used as a download
distribution point for your bundled software. It is
to be used for standard web practices and only
standard web practices. If you have a questionable
concern please contact us. If you know your site is
going to use an un-normal usage, and sign up knowing
this, we will require you to get a dedicated server.
If you have any questions in regards to this please
contact us. Un-Normal usage is anything that a
shared server would not be able to provide. Again,
contact us for approval if you feel you will fall
into this clause.
-
Resellers: Resellers are
responsible for enforcing the AUP and TOS to all of
their clients. If their clients are found to be not
following them, We will suspend the offending site
and let the reseller know. Resellers are responsible
for anything their clients do. If you have any
questions or concerns in regards to what is allowed
and not allowed please contact us.
-
Streaming Video and Audio:
Streaming Video and Audio is not permitted on our
servers. You must zip the content to prevent this if
you wish to have it hosted, and as everything else
this content must be legal content and can not have
someone else's copyright.
-
Egg Drop - Egg Drop
Scripts are Not allowed, These are grounds for
immediate account deletion without a refund.
-
Legal - If it is not legal
in the United States of America, It is not permitted
to reside on our server. If found, the account will
be suspended.
-
Adult Material - Adult
Material is not allowed, unless specified in your
package deal or in the auction you may have bought
from. Sites that contain adult material that is not
on an adult approved server/package, the site will
be suspended.
-
Chinese Forums - Chinese
Forums are not allowed on our network. These sites
require to much CPU usage. They almost require a
dedicated server to run properly. If they are found
on any server we will suspend them, and charge an
admin fee if they are the cause of a CPU
overloaded. Admin charges are usually about 25$ Per
Hour.
-
ANIME - Anime Sites are
not allowed on our network. If an Anime Site is
found we will terminate the account. These sites are
not allowed on the server because about 95% of them
are illegal.
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.
-
Your password provides access to
your account. It is your responsibility to keep your
password secure.
-
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. 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.
-
Suspend the Member's account
-
Terminate the Member's account
-
Bill the Member for
administrative costs and/or reactivation charges
-
Bring legal action to enjoin
violations and/or to collect damages, if any, cause
by violations

|
|
| |
|
|
|
 |
|
TERMS OF SERVICE |
 |
REVISIONS TO THIS ACCEPTABLE USE POLICY |
 |
| |
We reserve the right to revise,
amend, or modify this AUP, our TOS (Terms of Service)
and our other policies and agreements at any time and in
any manner. Notice of any revision, amendment, or
modification will be posted in accordance with our TOS
(Terms of Service).
IMPORTANT NOTICE:
*All Payments Are
Non-Refundable*
We ("The Company") agree to furnish services to
the Subscriber, subject to the following TOS
(Terms of Service).
Use of our Service constitutes acceptance and
agreement to our AUP as well as our TOS (Terms
of Service).
All provisions of this contract are subject to
the TOS (Terms of Service) and AUP (Acceptable
Use Policy). The AUP may be changed from time to
time at the discretion of the Company.
Subscriber understands that change to the AUP by
the Company shall not be grounds for early
contract termination or non-payment.
This Agreement shall be construed in all
respects in accordance with the laws of the
state of Texas, county of Harris applicable to
contracts enforceable in that state. Venue will
be Harris County, Texas
-
Disclosure to Law
Enforcement: The AUP specifically
prohibits the use of our service for illegal
activities. Therefore, Subscriber agrees
that the Company may disclose any and all
subscriber information including assigned IP
numbers, account history, account use, etc.
to any law enforcement agent who makes a
written request without further consent or
notification to the Subscriber. In addition
we shall have the right to terminate all
service set forth in this Agreement.
-
Service Rates:
Subscriber acknowledges that the nature of
the service furnished and the initial rates
and charges have been communicated to
Subscriber. Subscriber is aware that the
Company may prospectively change the
specified rates and charges from time to
time. The promotional offer is contingent
upon Company achieving and maintaining its
cost of service goals including but not
limited to rates charged to company by its
suppliers.
-
Payment:
Establishment of this service is dependent
upon receipt by the Company of payment of
stated charges. Subsequent payments are due
on the anniversary date of the month for
that month's service.
-
Payments and Fees:
Service will be interrupted on accounts that
reach 7 days past due. Service interrupted
for nonpayment is subject to a $50 reconnect
charge. Accounts that are not collectable by
us may be turned over to an outside
collection agency for collection. If your
account is turned over for collection, you
agree to pay the company a "Processing and
Collection" Fee of not less than $50 nor
more than $150. If you desire to cancel your
account, please follow the proper procedure
to do this as outlined in this TOS.
-
Refund and Disputes:
All payments to us are nonrefundable. This
includes the one time setup fee, if
applicable, and subsequent charges
regardless of usage. All overcharges or
billing disputes must be reported within 30
days of the time the dispute occurred. If
you dispute a charge to your credit card
issuer that, in our sole discretion is a
valid charge under the provisions of the TOS
and /or AUP, you agree to pay us an
"Administrative Fee" of not less than $50
and not more than $150.
-
Failure to Pay:
The Company may temporarily deny service or
terminate this Agreement upon the failure of
Subscriber to pay charges when due. Such
termination or denial will not relieve
Subscriber of responsibility for the payment
of all accrued charges, plus reasonable
interest and any collection fees.
-
Account Cancellation:
Requests for canceling accounts may be made
in writing with at least 30 days notice but
not more than 60 days prior written notice
by email.
-
Subscriber
acknowledges that the service provided is of
such a nature that service can be
interrupted for many reasons other than the
negligence of the company and that damages
resulting from any interruption of service
are difficult to ascertain. Therefore,
subscriber agrees that the company shall not
be liable for any damages arising from such
causes beyond the direct and exclusive
control of the company. Subscriber further
acknowledges that the company's liability
for its own negligence may not in any event
exceed an amount equivalent to charges
payable by subscriber for services during
the period damages occurred. In no event
shall the company be liable for any special
or consequential damages, loss or injury.
-
Support Boundaries:
We provide technical support to our
subscribers (except for few holidays and
short company meetings when we close our
center.) We limit our technical support to
our area of expertise. The following is our
guidelines when providing support: we
provide support related to your server or
virtual site physical functioning. We do not
offer tech support for application specific
issues such as cgi programming, html or any
other such issue. We do not provide
technical support for YOUR customers. If you
can email, we encourage you to email us for
assistance. If you are able to get online
and have other questions, the answers may be
in our Frequently Asked Questions or Support
section - we encourage you to check there
first. Lastly, the Help files in the program
you are using may have the answer to your
question so please do investigate these
resources before contacting tech support.
-
BEGINNING IMMEDIATELY, anyone hosting
websites or services on their server that
support spammers or cause any of our IP
space to be listed in any of the various
Spam Databases will have their server
immediately removed from our network. The
server will not be reconnected until such
time that you agree to remove ANY and
ALL traces of the offending material
immediately upon reconnection and agree to
allow us access to the server to confirm
that all material has been COMPLETELY
removed. Severe violations may result in
immediate and permanent removal of the
server from our network without notice to
the customer. Any server guilty of a second
violation WILL be immediately and
permanently removed from our network without
notice.
-
IP Address
Ownership: If we assign Customer an
Internet Protocol address for Customer's
use, the right to use that Internet
Protocol address shall belong only to
us, and Customer shall have no right to
use that Internet Protocol address
except as permitted by us in our sole
discretion in connection with the
Services, during the term of this
Agreement. We shall maintain and control
ownership of all Internet Protocol
numbers and addresses that may be
assigned to Customer by us, and we
reserve the right to change or remove
any and all such Internet Protocol
numbers and addresses, in its sole and
absolute discretion. Our allocation of
IP addresses is limited by ARIN's new
policies. These new policies state that
use of IP addresses for IP based virtual
hosts will not be accepted as
justification for new IP addresses. What
this means to you is that you MUST
use name-based hosting where possible.
We will periodically review IP address
usage, and if we find that clients are
using IP addresses where name-based
hosting could be used, we will revoke
authorization to use those IP addresses
that could be used with name-based
hosting.
-
Bandwidth and Disk
Usage: Customer agrees that
bandwidth and disk usage shall not
exceed the number of megabytes per month
for the Services ordered by Customer on
the Order Form (the "Agreed Usage"). We
will monitor Customer's bandwidth and
disk usage. We have the right to take
corrective action if Customer's
bandwidth or disk usage exceeds the
Agreed Usage. Such corrective action may
include the assessment of additional
charges, disconnection or discontinuance
of any and all Services, or termination
of this Agreement, which actions may be
taken is in our sole and absolute
discretion. If we take any corrective
action under this section, Customer
shall not be entitled to a refund of any
fees paid in advance prior to such
action. In the event that a customer
exceeds the included allocation, we may,
at our sole discretion, collect a
deposit, in an amount determined by us,
against customer's credit card on file
with us.
-
Suspension of Service
or Cancellation: We reserve the right to
suspend network access to any customer if in
the judgment of the network administrators
the customer's server is the source or
target of the violation of any of the other
terms of the AUP or for any other reason
which we choose. If inappropriate activity
is detected, all accounts of the Customer in
question will be deactivated until an
investigation is complete. Prior
notification to the Customer is not assured.
In extreme cases, law enforcement will be
contacted regarding the activity. The
customer will not be credited for the time
the customer's machines were suspended.
-
We reserve the right to
amend its policies at any time. All
Sub-Networks, resellers and managed servers
must adhere to the above policies. Failure
to follow any term or condition will be
grounds for immediate Cancellation. You will
be held responsible for the actions of your
clients in the matter described on these
Terms and conditions. Therefore, it is in
your best interest to implement a similar or
stricter Terms and conditions or otherwise
called Acceptable Terms of use policy.
-
Indemnification:
We wish to emphasize that in agreeing to the
Acceptable Use Policy (AUP) and Terms of
Service (ToS), customer indemnifies us for
any violation of the Acceptable Use Policy
(AUP) and Terms of Service (ToS) that
results in loss to us or the bringing of any
claim against us by any third-party. This
means that if we are sued because of a
customer's or a customer of a customer's
activity, the customer will pay any damages
awarded against us, plus all costs and
attorney's fees.
 |
|
| |
|