|
TOS Introduction
This document explains the Terms of Service and Acceptable Use
Policy for use of services provided by Network One Hosting
by the client/user (hereinafter known as Customer). This document
supersedes all forms of this document previously published by
Network One Hosting.
All Customers of Network One Hosting are required to be familiar with
this policy. This document shall be sent via e-mail to each new
Customer and upon receipt, the Customer shall become responsible
for its contents. Use of Network One Hosting services in any form constitutes
acceptance of this Acceptable Use Policy and agreement to adhere
to it.
This Acceptable Use Policy may be known herein after as policy,
Terms Of Service, TOS, AUP or Acceptable Use Policy.
Account and Policy Term
The effective date of these Terms and Conditions and the Acceptable
Use Policy is the date of acceptance by the Customer of services
from Network One Hosting, and they shall remain in effect until Customer
terminates his/her account or Network One Hosting cancels Customer's
account.
Network One Hosting reserves the right to change the terms and conditions
of use or it’s Acceptable Use Policy at any time. Notification
of changes will be announced via email. If customer does not
agree to changes, Customer may cancel services by giving Network One Hosting
proper written notice as directed herein.
Network One Hosting reserves the right to change billing plans,
services, and/or rates at any time. All accounts are billed on
a month-to-month basis.If Network One Hosting does elect to
make any significant changes, the customer will
receive at least 30 days notice before
the
changes take effect.
Termination for Cause
Network One Hosting may terminate an account at any time for any violation
of this Acceptable Use Policy or for failure to pay bills for
service. Such termination generally means that all files are
deleted and all services, including mail forwarding are rescinded.
Customer will not receive a refund for any prepaid services.
All losses and expenses suffered by Customer as a result of such
termination will be Customer's to bear alone, and Network One Hosting
will have no liability whatsoever.
Provision of Services
Network One Hosting will provide services on its host computing systems
to customers in exchange for payment of fees and compliance with
these Terms and Conditions and the Acceptable Use Policy. Network One Hosting
services are defined as the use by Customer of computing, telecommunications,
software, and information services provided by Network One Hosting. These
services also include the provision of access to computing, telecommunications,
software, and information services provided by others via the
worldwide computer network known as the Internet.
Consultation Charges
Network One Hosting welcomes requests from Customers concerning their
problems and will do as much as possible to help resolve them.
When assistance provided by Network One Hosting is beyond services offered
to all customers by Network One Hostingas part of its basic services
such as assistance with Customer systems configuration beyond
the initial set-up, the Customer will be charged a standard consulting
rate.
Security of Accounts
Network One Hosting accounts are for individual Customers. Customer
therefore agrees not to share the password of the account with
others. Customer agrees to maintain a secure password to the
account and is responsible for any use of his/her account. Customer
agrees not to use any Network One Hosting services to obtain the passwords
of other customers on Network One Hosting or other systems. Customer
agrees not to use Network One Hosting services to make unauthorized attempts
to access any systems and networks.
Use of Internet Services
Customer agrees not to use Network One Hosting services to violate copyright
or other intellectual property rights. For example, Customer
may not upload or download commercial software in violation of
software license agreements. Customer agrees to use the services
provided by Network One Hosting as permitted by applicable local, state,
and federal laws. Customer agrees, therefore, not to use these
services to conduct any business or activity that is prohibited
by law.
Specific Acceptable Use Policies
Network One Hosting believes that the First Amendment rights of free
speech, freedom of the press, and freedom of association apply
to the Internet to the same degree as they do to print media.
Network One Hosting has no intention of infringing upon those rights.
In fact we encourage using your own creativity and self expression
within the limits of the law.
Unauthorized Use of Accounts or Computers
Network One Hosting will react strongly to any unauthorized use or attempted
unauthorized use of an Internet account or computer without the
owner's authorization. Whether or not the attacked account or
computer belongs to Network One Hosting, such attempts include but are
not limited to "social engineering" (tricking other
people into releasing their passwords), password cracking, security
hole scanning, and denial of service attacks.
Possible actions including warnings, account suspension or cancellation,
and legal action, according to the seriousness of the attack.
E-mail Privacy
Electronic mail passes through multiple mail servers from source
to destination on the Internet. One can never be guaranteed privacy
from every possible mail server; therefore, customers seeking
total privacy should use some encryption scheme, such as PGP
to render their messages unreadable by eavesdroppers.
With regards to Network One Hosting mail servers, Network One Hosting places
a high value on privacy, and will normally only examine Customers'
mail to troubleshoot E-mail delivery problems, protect system
security, or to comply with a lawful warrant or court-order.
Network One Hosting will not divulge Customer account information, except
at the direction of a lawfully served warrant.
Commercial Advertisements
Commercial advertising is an accepted and welcome use of the
Internet. However, there is appropriate and inappropriate Internet
advertising. ISP's that don't abide by this Internet standard
may be denied access to newsgroups and in some cases to the Internet
entirely.
Commercial advertisements are unwelcome in Usenet discussion
groups and on E-mail mailing lists. Inappropriate postings
may result in account suspension or cancellation either with
or without prior notice. See the newsgroup or mailing list's
charter for whether advertising is
allowed
or not. Unsolicited commercial advertisements sent out via E-mail
or to many off-topic newsgroups are not allowed. Generally ads
should be placed in the ".biz" newsgroup hierarchy.
Sending a message, such as unsolicited e-mail, especially an
un-requested advertisement, to multiple recipients is by itself "spamming" and
an unauthorized
use of E-mail unless the individuals have specifically requested
to be added to a mailing list on that topic. Placing
a checkbox on a checkout page or adding a subscription automatically
during a the checkout process does not constitute permission
of the email address owner to receive email advertisements. Any
verified mail or complaints or abuse will result in suspension
of the account
for 5 days until proof is shown that mailing has stopped. No
mass mailing to, from or involving Network One Hosting will
be tolerated, period.
Websites that use unsavory or illegal methods to aquire control
of or otherwise interefere with visitors browsers, or attempt
to install unauthorized or unwanted software on a visitors machine
will have their accounts disabled immediately. This includes
the use
of
auto-software-install
scripts when the user opens a webpage that is not an identified
download link, the use of 'bookmark this page now' pop-up windows
that automatically open when a visitor clicks on a link to the
website,
automatic
resizing of the users browser window to take over the entire
screen, use of click trapping to prevent the user from using
the back button or leaving your website, or any similar trick
or technique that intereferes with site visitors' ability to
use their browser. We do not support businesses that use such
methods.
Make Money Fast
Any mailing or posting of "Make Money Fast" (MMF)
or "Fast Cash" or pyramid schemes or chain letters
of any sort will result in quick account termination. Pyramid
schemes are illegal no matter how the message is presented. Pyramid
schemes are NOT permitted.
Spoofing E-mail and News posts
All Customer E-mail and news posts shall have the Customer's
valid account name in the header. You may use another existing
Network One Hosting or non- Network One Hosting E-mail address in the "reply
to" field as long as it is clear that the post came from
your Network One Hostingaccount. Use of standard “anonymous re-mailers” is
allowed for private (noncommercial) E-mail and posting.
Illegal Material (Copyright)
Network One Hosting assumes no legal liabilities relating to Customer's
use of Network One Hosting computer network and equipment. However, Network One Hosting
requires that its customers not use Network One Hosting network for illegal
purposes. In any legal matters that result from a Customers action,
Network One Hosting is under no obligation to defend itself rather than
settle. Any losses suffered by Network One Hosting to settle or defend
legal action, and all civil or criminal penalties inflicted on
Network One Hosting as a result of any Customers act are payable by the
customer. Customer shall have no defense against prompt and full
repayment to Network One Hosting. When presented with a search warrant,
Network One Hosting is obligated to release appropriate information requested,
and will cooperate with the authorities in any criminal investigation.
While Network One Hosting recognizes that the legal status of the Internet
has not yet been fully resolved, Network One Hosting considers certain
actions illegal and therefore not allowed on its network, for
example; unauthorized distribution of copyrighted material; exploitation
of minors; and unauthorized use of computer resources.
Network One Hosting makes no representations concerning any attempt
to review the content of sites hosted on its servers, and so
Network One Hosting is not responsible for the accuracy, copyright compliance,
legality or decency of material contained in sites hosted on
its servers.
Harassment
Harassment or abusive use of E-mail and other Internet services
is a serious misuse of Internet resources. Network One Hostingwill handle
incidents of harassment on a case-by-case basis, consulting with
the parties involved. If you wish to report harassment, or abuse
of services, please email us and the abuse
dept will get back to you as soon as possible.
Inappropriate use of Web Service
Network One Hosting provides space for commercial web pages with some
services. Network One Hosting maintains no responsibility for the content
of such pages. Network One Hosting will handle complaints about inappropriate
web pages on a case-by-case basis. Examples of inappropriate
information include downloadable virus code, bulk E-mail lists,
illicit advertising, and web-based services that allow members
of the public to send E-mail or post news anonymously.
Network One HostingIRC rules
IRC client software is not allowed to be run through a shell
account on any servers owned by Network One Hosting. IRC client software
must be run from the users own computer.
Bots (automated IRC programs) run against any programs, community
talk programs, video, audio or text servers, even if they are
run from your own machine, are not allowed via a Network One Hosting
connection.
If Network One Hosting receives a complaint, Network One Hosting will investigate
the abuse and, if a violation has occurred, may put the account
on hold or remove the abusers account. Full payment for the entire
contract term will still be due, even with no further services
provided.
Customer agrees to abide by Network One Hosting interpretation of the
above. If Customer needs help interpreting or applying these
rules, Customer should ask Network One Hosting support staff for assistance.
Abuse of Network One HostingServices
Any use of Network One Hosting system resources that disrupts the normal
operation of the system or the use by other Network One Hosting customers
is considered to be abuse of system resources and is grounds
for administrative intervention. Use of Network One Hosting computers
or Internet connection to send ping or other packets in an attempt
to deny service to another user is considered abuse. Depending
on the nature and the severity of the abuse, the customer may
receive an E-mail warning, have his processes halted, or have
his account suspended. If the misuse is unintentional or has
under other mitigating circumstances, the suspension may be rescinded
but may require a reconnection charge. Customers who believe
their activity has been inappropriately handled may appeal to
Network One Hosting Management.
Reporting Abuse
Please email the sales department for information on the abuse
reporting policies of Network One Hosting.
Warranties
Network One Hostingmakes no warranties of any kind, whether expressed
or implied, for its services. Network One Hosting specifically disclaims
any implied warranties of merchantability or fitness for any
particular purpose. Network One Hosting will not be held responsible
for any losses or damages resulting from delays, non-deliveries,
mis-deliveries, service interruption, or Customer's or Network One Hosting
errors or omissions. Network One Hosting will not under any circumstances
be responsible for consequential damages.
Network One Hosting reserves the right to suspend or terminate accounts
for any reason, if, in Network One Hosting opinion, the Customer is disrupting
or threatening the operation of this site and/or the Internet
or its components. In the context of this AUP, using other sites
or servers to abuse the net via Network One Hosting access is regarded
the same as using Network One Hosting site.
Applicability
These rules cannot be superseded by any verbal agreements of
Network One Hosting employees or customers. Any agreement modification
or special changes to this AUP must be in writing and signed
by an officer of the Company.
Jurisdiction
The laws of Texas and California, shall govern the validity,
construction and performance of this AUP and Customers agreement
to abide
by this
AUP.
Severability
If any provision of this policy is held by a court to be contrary
to law, the remaining provisions will remain in full force and
effect.
Please Note:
For customers who are unable to follow these rules, we will
have no choice but to suspend your account without warning and
contact your local authorities. We are always willing to cooperate
with officials and have a right to defend our position. If you
feel as though you will be unable to abide by our rules, please
use your search engine to find another website host.
|
