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Terms, Conditions and Acceptable Use Policy
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To better
serve our customers and offer a more reliable and FASTEST possible environment,
ServerWise has developed this acceptable use policy to define the types
of behavior that will not be permitted on ServerWise's network. Please report
any known violations to abuse@ServerWise.com
ServerWises general
policy is to act as a provider of Internet presence. ServerWise reserves
the right to suspend or cancel any customer's access to any or all services
provided by ServerWise when we decide that the account has been inappropriately
used. ServerWise decides what is inappropriate and reserves the right
to immediate action to suspend or cancel when abuse is effecting our clients.
An out line of Specific Acceptable Use Policies are to follow:
Server
abuse
Any attempt
to cause harm or undermine a server, or customers of ServerWise is strictly
prohibited, and will not be tolerated. Resource Usage: No system
in the world has unlimited resources, and we expect you to act responsibly
when consuming resources on our system. If you consume unnecessary and
excessive resources on our system we may suspend your access at any time
without prior notice to correct the situation. Please bare in mind that the ServerWise Group programs security products and uses ServerWise security products to protect all clients and customers housed on ServerWise servers.
Censorship
ServerWise
has a policy of no-censorship, either from or to our systems. We welcome
the freedom of speech and expression on the internet. This does NOT apply
if the information transmitted is illegal or is clearly used for
fraud. For example, ServerWise will not host illegal software sites such as Warez,
Rom, Emulations and illegal copyright infringing MP3 sites. MP3 and other
property sensitive download sites must hold and furnish proof of copyrights
to ServerWise in order to be hosted. This "proof" may be faxed to us.
Adult sites and sites with adult content are limited to the Adult Specialty Plan
or a dedicated server as hosting
solutions. Beyond this, ServerWise does not censor content.
System
Users:
Account
Usage: Your account is for your exclusive and individual or company
use only; multiple concurrent logins of the same account for multiple
sites are not permitted to be freely given away or resold which would
undermine our offerings of large space and traffic capacity. Your company
or you become responsible for the charges incurred by someone else that
you have allowed to use your account. For this reason you should protect
your account and password as you would any other personal resource such
as your telephone or credit card number.
Abuse
of Unmetered Traffic and Large Space
The Unmetered
policy: Power Domain Accounts are not pre-capped for traffic, and
is burstable to any point of network capacity if network admin does not
intervene. This is what unmetered implies on our hosting plans. We expect
you to be responsible and reasonable on our servers. ServerWise provides
this unmetered transfer in good faith to our customers so that they may
create their websites without the fear of running over their Web space
or Web traffic allocation. It is used for the mere sake of offering a
wide ranges of sites and businesses the ability to use one powerful and
highly optioned plan. However if you are trying to start off with more then
2GB of storage and 30GB bandwidth to match, then you would obviously be
needing a dedicated server, not a shared hosting environment which this
is. ServerWise customers are privileged to be offered unmetered traffic
for their web sites. Not capping bandwidth provides maxim speed for your
web site! The intention of ServerWise is to provide a large space to serve
web documents for your web site, NOT an offsite storage area for your
electronic files, or a non restricted amount of resources to be given
away or resold on any single account.
To maintain
the integrity of our service and system of servers the following common sense limitations
apply: Sites running scripts from their domain used on other domains
not hosted with ServerWise thus pulling bandwidth (basically giving our bandwidth
away to non customers). Sites offering extensive download
files or archives (Email approval required). Any sites using more than
25% of system resources. For those that do not qualify for the unmetered
service due to the limitations above, traffic will go unmonitored until
you reach 15GB with the Power plan. Any site after 30GB of transfer (averaging
1GB or more per day) will have to be recommended for a dedicated server,
or a special hosting rate agreement with ServerWise paying for additional
bandwidth in advance. Additional bandwidth is $3 to $5 per GB. Keep
in mind 30GB is tremendous. Thereafter, normal data transfer cost of $5.00/1GB/month
will be billed to your hosting account. You will be notified before any
charges are made or deducted from your card. ServerWise will not charge or debit
your credit cards for any overages before your consent. However if payment
is not made, ServerWise reserves the right to remove your account. You
would have to surpass thousands upon thousands of daily hits, for you
to even be considered. To give you an idea, in perspective most web hosts
say unlimited and charge you after 8GB if you are lucky, as 95% will never
use more then that. ServerWise will be the sole arbiter as to what constitutes
a violation of this provision.
Unauthorized
use of other people's accounts or computers
Any unauthorized
use of accounts or computers by a ServerWise customer, whether or not
the attacked account or computer belongs to ServerWise, will result in
action against the attacker. Possible actions include warnings, account
suspension or cancellation, and civil or criminal legal action, depending
on the seriousness of the attack. ServerWise will strongly react to any
use or attempted use of an Internet account or computer without the owner's
authorization. Such attempts include "Internet scamming" (tricking
other people into releasing their passwords), password robbery and so
on.
Background
Running Programs
We may allow
programs to run continually in the background. These are considered on
a one-to-one basis and an extra charge will be incurred based on system
resources used and operational maintenance needed.
IRC
We currently
do not allow IRC or IRC bots to be operated on our servers unless you
have prior permission from a ServerWise system administrator.
Payment
Policies
All accounts
are set up on a pre-pay basis. Setup fees are charged for all new accounts
and major account changes and are non-refundable. All pricing is guaranteed
for the term of pre-payment. ServerWise reserves the right to change prices
at any time, unless other terms have been agreed upon. Any account not
brought current within a week (7 days) of e-mail notice or exceeding this
time frame in any way is subject to suspension. The customer is responsible
for all money owed on the account from the time it was established to
the time that the customer notifies ServerWise in writing for a request
for termination of services. All payment is in U.S. currency.
Cancellation
ServerWise
reserves the right to cancel service at any time. All fees paid in advance
of cancellation will be pro-rated and paid by ServerWise if ServerWise
institutes it's right of cancellation. Any violation of policies which
results in extra costs will be billed to the customer (i.e. transfer,
space etc.) All of ServerWise's web hosting plans are backed by a 30 day
money back guarantee. Dedicated servers and Co-location is not covered
due to cost incurred during setup. Dedicated server agreements are faxed
and signed by you. If you are not completely satisfied with our
services or support within the first 30 days of your contract, you will
be given a full refund of the contract amount excluding setup fees, overages,
long term agreements, or dedicated servers. Setup fees are refundable
only if the account ordered is canceled prior to activation. For web hosting
contracts of 3 months or less, the full contract amount less any setup
fees and overages will be refunded if ServerWise is notified within the
first 30 days following activation. No refund is available after the 30th
day. For web hosting contracts longer than three months, a refund equal
to one half of the contract amount less any setup fees and overages will
be given if ServerWise is notified prior to the first day of the second
half of the contract term. For example, on a twelve month contract ServerWise must receive the notice of cancellation prior to the first day of
the sixth month of the contract. No refunds will be given once the second
half of the contract term has begun. This policy does not apply to any
additional services such as overages, additional disk space, additional
pop accounts, etc.
Due to security
concerns, all account cancellations must be done in writing via US mail
or fax or secured validated email with a valid signature of the primary contact of
the account, account name, address, domain name and reason for cancellation.
The information on the cancellation must match our records. Phone requests
and unverified email will NOT constitute acceptance of any cancellation.
Payment will be made by company check within 15 days of receipt of cancellation
or by issuing credits to your credit card if any refunds are applicable
after cancellation.
Lawful
Purpose
ServerWise
reserves the right to refuse service to anyone. Customers may only use
ServerWise servers for lawful purpose. Transmission of any material in
violation of any Federal, State or Local regulation is prohibited. This
includes, but is not limited to copyrighted material, material legally
judged to be threatening or obscene, and material protected by trade secrets.
ServerWise expressly forbids anyone from using yhe designation of any
materials as such described above is left entirely to the discretion of
ServerWise management.
Indemnification
Customer
agrees that it shall defend, indemnify, save and hold ServerWise harmless
from any and all demands, liabilities, losses, costs and claims, including
reasonable attorney's fees asserted against ServerWise, its agents, its
customers, officers and employees, that may arise or result from any service
provided or performed or agreed to be performed or any product sold by
customer, it's agents, employees or assigns. Customer agrees to defend,
indemnify and hold harmless ServerWise against liabilities arising out of;
(1) any injury
to person or property caused by any products sold or otherwise distributed
in connection with ServerWise's servers; (2) any material supplied by customer
infringing or allegedly infringing on the proprietary rights of a third
party; (3) copyright infringement and (4) any defective products sold
to customer from ServerWise's servers.
Disclaimer
ServerWise
will not be responsible for any damages your business may suffer. ServerWise makes no warranties of any kind, expressed or implied for services
we provide. ServerWise disclaims any warranty or merchantability or fitness
for a particular purpose. This includes loss of data resulting from delays,
non-deliveries, wrong delivery, and any and all service interruptions
caused by ServerWise and its employees. ServerWise reserves the right to
revise its policies at any time. All Sub-Networks, resellers and dedicated
servers of ServerWise must adhere to the above policies.
Failure to follow any term or condition will be grounds for immediate
account deactivation.
