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Acceptable Use Policy |
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Monday, 18 October 2004 |
Terms of Service: Your Rights and Responsibilities
TRADEWISE PROMOTIONS (referred hereinafter as 'TRADEWISE PROMOTIONS', 'our', 'we' and 'us') is a web hosting firm. All accounts on our web servers, including single-domain, reseller and resold accounts, are subject to the terms and conditions described in this document. Under the terms of this agreement, your placement of information on our servers is an acknowledgement that you have read, understand, and agree to be by by terms and conditions below.
1. User Conduct
Our services may only be used for lawful purposes -- any use of these services which violates any laws which may apply to TRADEWISE PROMOTIONS, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.
This means that while using the service, you may not:
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Post or transmit any unlawful, threatening, abusive, defamatory, obscene, libelous, offensive, pornographic, indecent, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
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Restrict or inhibit any other user from using and enjoying the Internet.
TRADEWISE PROMOTIONS reserves to the right to the final decision on what constitutes abuse.
2. Resource Usage, Adult-Oriented Sites
Users may not initiate the following on our servers:
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Run any process that requires more than 8Mb of memory space, more than 30 CPU seconds, or use more than 5% of all available system resources at any time.
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Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
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Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
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Run any software that interfaces with an IRC (Internet Relay Chat) network.
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Run any site with adult-oriented content, including but not limited to any nude or pornographic material, except on servers where we specifically allow adult material.
Users are also required to abide by the following:
Databases are only to be used for TRADEWISE PROMOTIONS-hosted web sites, and no outside access will be granted.
Zero Tolerance Spam Policy: We take a zero tolerance stance against sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account terminated without notice, this includes reseller and resold accounts.
TRADEWISE PROMOTIONS reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. TRADEWISE PROMOTIONS also reserves the right to make any such modifications in an emergency at our sole discretion.
3. Indemnification
You agree to indemnify, defend, and hold harmless TRADEWISE PROMOTIONS from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, TRADEWISE PROMOTIONS, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.
4. Refusal or discontinuation of service
TRADEWISE PROMOTIONS reserves the right to refuse or discontinue service to anyone at TRADEWISE PROMOTIONS' sole discretion. TRADEWISE PROMOTIONS may deny you access to all or part of the service without notice if you engage in any conduct or activities that TRADEWISE PROMOTIONS in its sole discretion believes violates any of the terms and conditions in this agreement. TRADEWISE PROMOTIONS shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that TRADEWISE PROMOTIONS has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. TRADEWISE PROMOTIONS reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. TRADEWISE PROMOTIONS also reserves the right to refuse refunds in cases where TRADEWISE PROMOTIONS believes abuse has taken place.
5. No warranties
TRADEWISE PROMOTIONS makes no warranties or representations, of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by TRADEWISE PROMOTIONS or its agents or employees shall create a warranty. TRADEWISE PROMOTIONS provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall TRADEWISE PROMOTIONS be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with TRADEWISE PROMOTIONS service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
You understand that by placing information on TRADEWISE PROMOTIONS' servers that such information becomes available to all Internet users and that TRADEWISE PROMOTIONS has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of TRADEWISE PROMOTIONS' servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through TRADEWISE PROMOTIONS or on the Internet generally.
Your use of the service is at your sole risk. TRADEWISE PROMOTIONS is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on TRADEWISE PROMOTIONS servers.
You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by TRADEWISE PROMOTIONS, including restrictions on services available with each service type, restrictions on certain features, and all other policies.
TRADEWISE PROMOTIONS reserves the right to monitor any and all communications through or with our facilities. You agree that TRADEWISE PROMOTIONS is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.
6. Account-Holder Identification Information
You agree that you as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name. You agree to supply TRADEWISE PROMOTIONS with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.
7. Violation of the Terms and Conditions
You are responsible for your client's account(s). If one of your clients is in violation of the terms and conditions, we reserve the right to suspend or terminate the account at our sole discretion, depending on the severity of the violation and will inform you at the email address provided to us at the signup. If your reseller account is in violation of the terms and conditions, the same rules apply.
8. Payment Policies, Fees, Refunds and Terms of Agreement:
Full payment is required before any hosting service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. Prepayment is due each anniversary (30 days, 90 days, 180 days, one years) following the date the account was established. Billing will continue until you cancel your hosting account. We require 30 days notice prior to your cycle date otherwise you are liable for the next cycle. As a policy, we do not offer credits or refunds for hosting time already paid for.
As a client you are responsible for seeing your email address is kept up to date as it is the only way we send out communications
All monetary transactions are in $Aus dollars. Additional features can be added at any time. TRADEWISE PROMOTIONS reserves the right to change prices at any time.
9. Account Cancellation:
We require 30 days notice prior to your cycle date. As a policy, we do not offer credits or refunds for hosting time already paid for. Phone or email notification will not constitute acceptance of any cancellation. To cancel your account, please contact Accounts at Tradewise Promotions. Notification of cancellation must be received at least 30 calendar days prior to your cycle date, with the cycle date being the day of the month you sign up.
If Client has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve Client of any outstanding financial obligations.
10. Agreement Acknowledgement
This agreement supersedes any written, electronic, or oral communication you may have had with TRADEWISE PROMOTIONS or any agent or representative thereof, and constitutes the complete and total agreement between the parties. In the event that any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
TRADEWISE PROMOTIONS reserves the right to change this Usage Policy at any time without prior notification.
By placing and continuing to maintain or place information on TRADEWISE PROMOTIONS' servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.
11. Banned Scripts
The following scripts are banned from the server because of:
a). Poor programming
b). Consume too much server resources which degrades performance
UltimateBBS (all versions)
Ikonboard (all versions)
Yabb (all versions)
IRC Egg Drops
Proxy Servers
nph-proxy
The Anonymizer
any soap mailers
All Proxy Scripts and Servers are banned
Formmail.pl
Live Chatroom Software
A Zero Tolerance attitude will be taken and enforced against any occurences of these scripts
12. GST and Overseas Surcharge
All prices displayed and invoiced include a 10% GST quotient for Australian residents. Pricing for non Australian residents is the same as there is a 10% surcharge to cover support being provided outside normal Australian business hours which is normally the case with Overseas clients. In other words the prices are the same for everyone
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