|
Acceptable Usage Policy / Terms of Service
This agreement represents the complete
agreement and understanding between
#1 Domain Names International, Inc. (dba.
WorryFree) and the client and supersedes any other written or oral agreement.
WorryFree is dedicated to providing a top quality service. The terms and conditions which follow are
necessary to ensure that we may continue to provide the best possible service to
all of our customers whilst at the same time satisfying our legal and ethical
responsibilities.
Failure to follow any term or condition
may be grounds for immediate account deactivation without notice. Customer understands that prior to joining our services, they
must agree to this policy.
Activity which results in the suspension
or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found
guilty will be grounds for immediate suspension.
To report suspected abuses or any
violations of these policies, please contact us at
support@worryfree.net
Illegal Usage
WorryFree servers may be used for lawful purposes only. Transmission, storage,
or distribution of any information, data or material in violation of any
applicable law or regulation is prohibited. This includes, but is not limited
to: copyrighted material, trademark, trade secret or other intellectual property
used without proper authorization, and material that is obscene,
defamatory, constitutes an illegal threat, or violates export control laws.
Examples of non-acceptable content or links: Hate content or files, Pirated
software, Hackers programs or archives, Warez sites, MP3, and IRC bots. The
subscriber to WorryFree service agrees to indemnify and hold harmless WorryFree
from any claims resulting from the use of the service that damages the
subscriber or any other party.
Adult Content
Due to special system and network requirements of adult oriented sites,
pornography and sex-related merchandising are prohibited. This includes sites
that may infer sexual content, or links to adult content elsewhere. This is also
true for sites that promote any illegal activity or content that may be damaging
to our servers or any other server on the Internet. Links to such materials are
also prohibited.
Security
Violations of system or network security are prohibited, and may result in
criminal and civil liability. Examples include, but are not limited to the
following: Unauthorized access, use, probe, or scan of a systems security or
authentication measures, data or traffic. Interference with service to any user,
host or network including, without limitation, mail bombing, flooding,
deliberate attempts to overload a system and broadcast attacks. Forging of any
TCP-IP packet header or any part of the header information in an email or a
newsgroup posting.
Server Resource
Any website that uses a high amount of server resources (such as, but not
limited to, CPU time, memory usage, and network resources) will be given an
option of either paying extra (which depends on the resource needed) or reducing
the resource used to an acceptable level. WorryFree shall be the sole arbiter
of what is considered to be a high server usage level.
Bandwidth Usage
It is the clients responsibility to monitor the amount of bandwidth of the
client’s account, on a daily basis. WorryFree has no obligation to warn the
client regarding the excessive bandwidth usage. Accounts exceeding their
allotted bandwidth will be temporarily suspended. You will be given an option of
either purchasing extra bandwidth or leaving the account suspended until the 1st
of the following month when bandwidth limits are reset to zero.
CGI/PHP/ASP Scripts
Cgi script sharing with domains not hosted by WorryFree.net is not allowed. Any
cgi-scripts deemed to be adversely affecting the server performance or the
network integrity will be shut down without prior notice. See our
Script usage policy for more details.
Chat Rooms
WorryFree does not allow clients to install their own chat rooms. Chat rooms
tend to be large system hogs and we cannot permit it as an account option.
WorryFree does provide a choice of Java chatrooms which should meet most users'
needs and run without hindering the performance of our servers.
Background Running Programs and Cron
Jobs
WorryFree does not allow background Daemons such as IRC bots; eggdrop; BitchX;
XiRCON; or any other program that interferes with normal server operation.
IRC
WorryFree does not allow IRC or IRC bots to be operated on our servers.
Backups
WorryFree performs backups on all servers to ensure critical files are never
lost. However WorryFree is NOT responsible for lost data, time, income or
any other resource due to faulty backups or non-existent backups. It is the
responsibility of the client to make backups of their website data.
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. The client assumes
responsibility for all material on their site that may be put on by a third
party (such as the usage of Free For All links pages). Use of WorryFree
services 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, FTP, Web contents, Graphics, text,
sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage
tools as well as 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. Client agrees that it is not the
responsibility of WorryFree to provide this knowledge or support outside matters
specific to WorryFree servers.
UCE (Unsolicited Commerce Email) -
SPAM
Spamming, or the sending of mass unsolicited email, from or through a WorryFree
server or using an email address that is maintained on a WorryFree machine is
STRICTLY prohibited. WorryFree will be the sole arbiter as to what constitutes
a violation of this provision. If you engage in any of the foregoing activities
using the service of another ISP or IPP, but channeling activities through a
WorryFree server as a mail drop for responses, you are in violation. Violators
may be suspended and/or terminated immediately without notice.
Server abuse
Any attempts to undermine or cause harm to a WorryFree server or customer of
WorryFree is strictly prohibited.
Any sub-networks of WorryFree and
dedicated servers must adhere to the above policies. The failure to meet or
follow any of the above guidelines are grounds for account deactivation. We
reserve the right to remove any account without prior notice.
Software Distribution
WorryFree shared Web Hosting accounts are not to be used for the purposes of
distributing software and multimedia products. If you wish to distribute
software and/or multimedia files, please contact us at support.worryfree.net for
special arrangement.
Multimedia Files
Multimedia files are defined as any graphics, audio, and video files.
WorryFree Web Hosting accounts are not to be used for the purposes of
distributing and storing unusual amount of multimedia files. Any Web site whose
disk space usage for storing the multimedia files exceed 70% of its total usage,
either in terms of total size or number of files, will be deemed to be using
unusual amount of multimedia files.
Domain Names
WorryFree will take necessary steps to register domain names on behalf of the
client when requested. However, clients are responsible for renewing their
domain names. WorryFree does not take responsibility for failing to renew
domain names. If your domain name was registered via our company, you must check
and take appropriate actions to renew a domain that is about to expire. We do
not handle renewals unless specifically asked for by sending a ticket to our
support center.
We will make every effort to register, transfer and/or renew your requested
domain name. This is not a guarantee that your requested domain name is
available for registration, transfer and/or renewal. Your domain name may go
unregistered, untransferred and/or renewed, due to circumstances beyond our
control, such as registry, software and other problems or outages, and will not
be grounds for compensation of financial loss.
An order for domain name registration, transfer and/or renewal, does not
guarantee domain name registration, transfer and/or renewal. Domain names will
not be registered, transferred and/or renewed until payment is received. If
requested domain name is paid for, to us and subsequently not registered,
transferred and/or renewed by by, the domain registration fee will be refunded.
If we register domain names on your behalf and you refute the entire charge, your domain name will be forfeited and your
domain name becomes the property of
# 1 Domain Names International, Inc. This also applies to any special
promotional offers whereby a domain name is included as part of a promotional
offer.
All domain registrations are final, do
not include any money back guarantee and will be subject to a $19.95 USD per
year per domain registration fee. If we must issue a refund you will be
required to make a deposit of $19.95 USD for the domain fee before receiving the
refund for the hosting account.
Database
Any database stored on WorryFree servers shall be limited in size to 20% of
the total disk space allotted for a particular domain.
Actions Taken by WorryFree
The failure by a customer to meet or follow any of the above policies/terms is
grounds for account deactivation. WorryFree will be the sole arbiter as to what
constitutes a violation of the AUP. WorryFree reserves the right to remove any
account without prior notice.
When WorryFree becomes aware of an alleged violation of its AUP, WorryFree
will initiate an investigation. During the investigation, WorryFree may
restrict a customer's access in order to prevent further potentially
unauthorized activity. Depending on the severity of the violation WorryFree
may, at its sole discretion, restrict, suspend, or terminate a customer's web
hosting account and/or pursue other civil remedies. If such violation is a
criminal offense, WorryFree will notify the appropriate law enforcement
authorities of such violation.
WorryFree does not issue credits for outages incurred through service
disablement resulting from AUP violations.
WorryFree customers agree to indemnify and hold harmless WorryFree from any
claims resulting from the use of our services that damages them or any other
party. The WorryFree service is provided on an as is, as available basis
without warranties of any kind, either express or implied, including, but not
limited to, warranties of merchantability, fitness for a particular purpose or
non-infringement. WorryFree expressly disclaims any representation or warranty
that the WorryFree service will be error-free, secure or uninterrupted. No oral
advice or written information given by WorryFree, its employees, licensors or
the like, will create a warranty; nor may you rely on any such information or
advice. WorryFree and its partners and suppliers will not be liable for any
cost or damage arising either directly or indirectly from any transaction or use
of the service.
Governing Law
Customer understands that for all disputes, with regard to any of WorryFree
services or any term listed in this policy, the only jurisdiction that shall be
used in determining liability is the court situated in the State of West
Virginia (United States), If WorryFree is obligated to go to court, rather than
arbitration, to enforce any of its rights, or to collect any fees, you agree to
reimburse WorryFree for its legal fees, costs and disbursements if WorryFree
is successful. You agree that the Courts of the State of West Virginia (United
States) are the agreed and appropriate forums for any such suit, and consent to
service of process by registered mail or overnight courier with proof of
delivery.
Severability
If any term or provision of this Agreement is found to be unenforceable for any
reason, this Agreement shall remain in full force and effect and shall be fully
enforceable on its remaining terms and conditions.
Modification
WorryFree reserves the right to add, delete, or modify any provision of this
Policy at any time without notice.
Refusal Of Service
We reserve the right to refuse, cancel, or suspend service at our sole
discretion.
WorryFree
will be the sole arbiter as to what constitutes a violation of any of these
provisions.
|
Since 1999
