Acceptable
Use Policy(AUP)
By using
our webhosting services, you agree to comply with High Tech Web
Service, Inc policies. You are expected to use the Internet with
respect, courtesy, and responsibility, giving due regard to the
rights of other Internet users. We expect you to have a basic
knowledge of how the Internet functions, the types of uses which
are generally acceptable, and the types of uses which are to be
avoided. Common sense is the best guide as to what is considered
acceptable use. The following are unacceptable uses:
Illegality
in any form, including but not limited to activities such as unauthorized
distribution or copying of copyrighted software, violation of
U.S. export restrictions, harassment, fraud, trafficking in obscene
material, drug dealing, and other illegal activities.
Interpretation
The provisions of this Policy are intended as guidelines
and are not meant to be exhaustive. Generally, conduct that violates
law, regulation, or the accepted norms of the Internet community,
whether or not expressly mentioned in this Policy, is prohibited.
We reserves the right at all times to prohibit activities that
damage its commercial reputation and goodwill.
Illegal
Use
Our servers may be used only for lawful purposes.
Transmission, distribution or storage of any material in violation
of any applicable law or regulation is prohibited. This includes,
without limitation, material protected by copyright, trademark,
trade secret or other intellectual property right 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: "Pirated software",
"Hackers programs or archives", "Warez Sites",
"Irc Bots", "Mp3".
We
will be the sole arbiters as to what constitutes a violation of
this provision.
System
and Network 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 e-mail
or a newsgroup posting.
It is a violation for anyone who, including but not limited to,
employs posts or programs which consume excessive CPU time or
storage space, permits the use of mail services, mail forwarding
capabilities, POP accounts, or auto responders other than for
their own account; or resale of access to CGI scripts installed
on our servers.
Tortious
Conduct
No one shall post defamatory, scandalous, violent
or private information about a person without their consent, intentionally
inflicting emotional distress, or violating trademarks, copyrights,
or other intellectual property rights.
Spamming
Sending
unsolicited mail messages, including, without limitation, commercial
advertising and informational announcements, is expressly prohibited.
A user shall not use another site's mail server to relay mail
without the express permission of the site or distributing, advertising
or promoting software or services that have the primary purpose
of encouraging or facilitating unsolicited commercial E-mail or
spam.
It is
contrary to our policy for customers to use our servers to effect
or participate in any of the following activities:
To
post to any Usenet or other newsgroup, forum, e-mail mailing list
or other similar group or list articles which are off-topic according
to the charter or other owner-published FAQ or description of
the group or list;
To
send unsolicited mass e-mailings, if such unsolicited e-mailings
provoke complaints from the recipients;
To
engage in any of the foregoing activities using the service of
another provider, but channeling such activities through a our
provided server, or using our server as a maildrop for responses;
To
falsify user information provided to High Tech Web Service, Inc.
or to other users of the service in connection with use of our
service.
When
High Tech Web Service, Inc becomes aware of an alleged violation
of its Acceptable Use Policy, High
Tech Web Service, Inc will initiate an investigation (within
24-48 hours). During the investigation we may restrict Customer
's access in order to prevent further possible unauthorized activity.
If the Customer is found in violation of our SPAM policy, High
Tech Web Service, Inc may, at its
sole discretion, restrict, suspend, or terminate Customer's account
and/or pursue other civil remedies. Also, High
Tech Web Service, Inc reserves the
right to pursue civil remedies for any costs associated with the
investigation of a substantiated policy violation. If such violation
is a criminal offense, High
Tech Web Service, Inc will notify
the appropriate law enforcement department of such violation.
High
Tech Web Service, Inc does not issue
service credits for any outages incurred through service disablement
resulting from Policy violations.
The
Customer shall be held liable for any and all costs incurred by
High Tech Web Service, Inc as a result of the customer's violation
of these terms and conditions. This is including, but is not limited
to, attorney fees and costs resulting from Postmaster responses
to complaints from and the cleanup of unsolicited commercial mailings
and/or unauthorized bulk mailings and/or news server violations.
First violations will result in a Cleanup Fee of $250 and the
customer’s account will be reviewed for possible immediate
termination. A second violation will result in Cleanup Fee of
$500 and immediate termination of the customer’s account.
The Customer who violates this policy agrees to also pay Investigation
Fees of no more than $125 per hour that High Tech Web Service,
Inc personnel must spend to investigate any violations
Modification
High Tech Web Service, Inc reserves the right to
add, delete, or modify any provision of this Policy at any time
without notice. Reporting Network Abuse Any party seeking to report
any violations High Tech Web Service, Inc’s policy may contact
via e-mail: abuse@hightechwebservice.com
High Tech Web Service, Inc
CUSTOMER SERVICE AGREEMENT
This
is an agreement between you and High Tech Web Service, Inc regarding
your use of High Tech Web Service, Inc's computer, interactive
information, communication and server management service. This
Agreement governs the terms and conditions under which High Tech
Web Service, Inc makes the services offered by High Tech Web Service,
Inc available to individual consumers through a personal computer
or similar access, or to individual consumers or small businesses
in connection with the " High Tech Web Service, Inc "
webhosting or similar services. Under this Agreement, you must
comply with High Tech Web Service, Inc's then current "Acceptable
Use Policy," as updated from time to time by High Tech Web
Service, Inc, which can be viewed at : http://www.hightechwebservice.com/use_policy.asp
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
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High
Tech Web Service, Inc will host an account for you, the purchaser
(hereafter referred to as the Account Holder), for the Account
Holder's chosen domain name, for the period of time (the Term)
corresponding with the payment plan chosen by the Account
Holder. This contract will be automatically renewed at the
end of the Term and each successive renewal term, unless terminated.
We require notification of non-renewal with at least 30 days
notice but not more than 60 days prior to the renewal date.
You must have all account information to cancel and email
it to sales@hightechwebservice.com. If you do not provide
this notice, you will be charged for the next terms rate.
There are no refunds on a la carte services, dedicated servers
or server colocation.
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High Tech Web Service's services are 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.
High Tech Web Service, Inc expressly disclaims any representation
or warranty that the High Tech Web Service, Inc services will
be error-free, secure or uninterrupted. No oral advice or
written information given by High Tech Web Service, Inc, its
employees, licensors of the like, will create a warranty;
nor may you rely on any such information or advice. The terms
of this Section will survive any termination of this Agreement.
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The
Virtual Web Server Internet account and/or related electronic
services can only be used for legal purposes under all applicable
international, federal, provincial, and municipal laws. Further,
the Account Holder agrees not to store, transmit, link to,
advertise or make available any images containing pornography.
Violations of these or any other provisions of this Agreement
may result in termination of the services provided by High
Tech Web Service, Inc, with or without the grant of a notice
or cure period, such notice or cure period to be granted at
the sole discretion of High Tech Web Service, Inc based upon
the severity of the violation. High Tech Web Service, Inc
reserves the right to refuse service if any of the content
within, or any links from, the Account Holder's website is
deemed illegal, misleading, or obscene, or is otherwise in
breach of High Tech Web Service's then current Acceptable
Use Policy, in the sole and absolute opinion of High Tech
Web Service, Inc. Notwithstanding anything in this Agreement,
the content of the Account Holder's website is the sole responsibility
of the Account Holder. The Account Holder agrees to indemnify
and hold harmless High Tech Web Service, Inc from any and
all claims, losses, damages, liabilities, judgments, or settlements,
including reasonable attorney's fees, costs, and other expenses
incurred by High Tech Web Service, Inc, (collectively, Claims)
related to or in connection with the content of the Account
Holder's website. The terms of this Section will survive any
termination of this Agreement.
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Account Holder acknowledges that the nature of the service
furnished and the initial rates and charges have been communicated
to the Account Holder. Account Holder is aware that High Tech
Web Service, Inc reserves the right to change the specified
rates and charges from time to time.
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The
Account Holder agrees to follow generally accepted rules of
"Netiquette" when sending e-mail messages or posting
to newsgroups. Account Holder is responsible for security
of its password. High
Tech Web Service, Inc will not
change passwords to any account without proof of identification,
which is satisfactory to High Tech Web Service, Inc, which
may include written authorization with signature. In the event
of any partnership break-up, divorce or other legal problems
that includes Account Holder, Account Holder understands that
High Tech Web Service, Inc will remain neutral and may put
the account on hold until the situation has been resolved.
Under no circumstances will High Tech Web Service, Inc be
liable for any losses incurred by Account Holder during this
time of determination of ownership, or otherwise. The Account
Holder agrees to indemnify and hold harmless High Tech Web
Service, Inc from any and all Claims arising from such ownership
disputes. The terms of this Section will survive any termination
of this Agreement.
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The Account Holder agrees not to harm High Tech Web Service,
Inc, its reputation, computer systems, programming and/or
other persons using High Tech Web Service's services. High
Tech Web Service, Inc reserves the right to select the server
for Account Holder's website for best performance. The Account
Holder understands that the services provided by High Tech
Web Service are provided on a shared server. This means that
one website cannot be permitted to overwhelm the server with
heavy CPU usage, for example from the use of highly active
CGI scripts or chat scripts. If the Account Holder's website
overwhelms the server and causes complaints from other users,
the Account Holder has outgrown the realm of shared servers,
and will need to relocate it's website. High Tech Web Service
will refund any unused portion of prepaid services. If the
Account Holder refuses to comply with this Section, then High
Tech Web Service, Inc has the right to terminate the services
provided to the Account Holder without any refunds of the
unused portion prepaid by the Account Holder. The Account
Holder agrees to indemnify and hold harmless High Tech Web
Service, Inc and any other Account Holder from any and all
Claims resulting from the Account Holder's use of the services
provided by High Tech Web Service, Inc The terms of this Section
will survive any termination of this Agreement.
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The
Account Holder's rights and privileges under this Agreement
cannot be sold or transferred without the prior written consent
of High Tech Web Service, Inc.
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If the Account Holder sells or resells advertising or webspace
to a third party then the Account Holder will be responsible
for the contents of that advertising and the actions of that
third party. High Tech Web Service, Inc has the absolute right
to reject any advertising or other third party content that
is illegal, offensive or otherwise in breach of the then current
High Tech Web Service, Inc Acceptable Use Policy. The e-mail
distribution by the Account Holder of "SPAM", "JUNK
MAIL", or "UNSOLICITED COMMERCIAL E-MAIL",
is expressly prohibited. If the Account Holder refuses to
remove any advertising or other third party content deemed
objectionable by High Tech Web Service, Inc, High Tech Web
Service, Inc may terminate the services being provided to
the Account Holder.
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High
Tech Web Service, Inc will use its best efforts to maintain
a full time Internet presence for the Account Holder. The
Account Holder hereby acknowledges that the network may, at
various time intervals, be down due, but not restricted to,
utility interruption, equipment failure, natural disaster,
acts of God, or human error. In no event shall High Tech Web
Service, Inc be liable to the Account Holder for any damages
resulting from or related to any failure or delay of High
Tech Web Service, Inc in providing access to the Internet
under this Agreement. In no event shall High Tech Web Service,
Inc be liable to the Account Holder for any indirect, special
or consequential damages or lost profits arising out of or
related to this Agreement or the performance or breach thereof.
The aggregate, total liability of High Tech Web Service, Inc
under this Agreement, if any, shall in no event or circumstance
exceed the total amount actually paid by the Account Holder
hereunder. The terms of this Section will survive any termination
of this Agreement.
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This
Agreement applies to all accounts, sub-accounts, and alternative
account names associated with your principal account. The
Account Holder is responsible for the use of each account,
whether used under any name or by any person, and for ensuring
full compliance with this Agreement by all users of that account.
A High Tech Web Service, Inc account may not be transferred
without prior written approval from High Tech Web Service,
Inc. The Account Holder is responsible for maintaining the
confidentiality of his/her password. In the event of a breach
of security through the Account Holder's account, the Account
Holder will be liable for any unauthorized use of the High
Tech Web Service, Inc services, including any damages resulting
therefrom, until the Account Holder notifies High Tech Web
Service, Inc's customer service.
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If High Tech Web Service, Inc assigns the Account Holder an
Internet Protocol address in connection with the Account Holder's
use of the High Tech Web Service, Inc services, the right
to use that Internet Protocol address will remain with and
belong only to High Tech Web Service, Inc, and the Account
Holder will have no right to use that Internet Protocol address
except as allowed by High Tech Web Service, Inc in its sole
and absolute discretion.
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This
Agreement constitutes the entire agreement between the Account
Holder and High Tech Web Service, Inc with respect to the
High Tech Web Service, Inc services and supersedes all prior
agreements between the Account Holder and High Tech Web Service,
Inc. High Tech Web Service, Inc's failure to enforce any provision
of this Agreement shall not be construed as a waiver of any
provision or right. In the event that a portion of this Agreement
is held unenforceable, the unenforceable portion will be construed
in accordance with applicable law as nearly as possible to
reflect the original intentions of the parties, and the remainder
of the provisions will remain in full force and effect. The
terms of this Section will survive any termination of this
Agreement.
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The
parties shall attempt to resolve all disputes arising out
of this Agreement in a spirit of cooperation and with a problem-solving
mindset, without formal proceedings. Any dispute, which cannot
be so resolved, shall be subject to binding arbitration upon
the written demand of either party. Arbitration shall take
place in Orlando, FL. Should any legal action permissible
under this Agreement be instituted to enforce the terms and
conditions of this Agreement, in particular the right to collect
money due on unpaid invoices, the prevailing party shall be
entitled to recover reasonable attorney's fees and expenses
incurred at both the trial and appellate levels. The terms
of this Section will survive any termination of this Agreement.
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The
Account Holder agrees to indemnify and hold High Tech Web
Service, Inc harmless from any and all Claims resulting from
or connected with any activities conducted by the Account
Holder. The Account Holder and High Tech Web Service, Inc
will promptly notify the other upon receipt of any Claim or
legal action arising out of activities conducted pursuant
to this Agreement. The rights and responsibilities established
in this paragraph will survive any termination of this Agreement.
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High
Tech Web Service, Inc may include the Account Holder's name
and contact information in directories of High Tech Web Service,
Inc service subscribers for the purpose promoting the use
of the services by additional potential clients. However,
High Tech Web Service, Inc is not authorized to print the
Account Holder's name, trademarks or other identifying information
in any other advertising or promotional materials without
the prior written consent of the Account Holder.
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The
interpretation and enforcement of this Agreement shall be
governed according the laws of the state of Florida (excluding
its choice of law rules) and the federal laws of United States
applicable therein. The Account Holder hereby consents to
personal jurisdiction in the federal and provincial courts
of Orlando, Florida for any action arising out of or relating
to the Account Holder's use of the High Tech Web Service,
Inc services. The federal and provincial courts of Orlando,
Florida will have exclusive jurisdiction over all such actions.
In any such action, the prevailing party will be entitled
to recover all legal expenses incurred in connection with
the action, including but not limited to its costs, both taxable
and non-taxable, and reasonable attorney's fees. The terms
of this Section will survive any termination of this Agreement.
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Notices
required by this Agreement shall be in writing and shall be
delivered either by personal delivery or by mail. If delivered
by mail, notices shall be sent by any express mail service;
or by certified or registered mail, return receipt requested;
with all postage and charges prepaid. All notices and other
written communications under this Agreement shall be addressed
to the individuals in the capacities indicated below, or as
specified by subsequent written notice delivered by the party
whose address has changed.
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Because the Internet is a global communication tool, and we
have clients from nearly every country in the world it is
difficult to dictate what is considered "adult material."
However, it is not our function to discriminate against those
who choose to utilize adult content or adult related material.
This being said, there are still several reasons why High
Tech Web Servicehas been forced to create its no adult sites
policy for its virtual server users.
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Virtual account holders can receive a refund if account is
cancelled within the initial 30 days after sign up. Reseller
account holders can receive a refund if account is cancelled
within the initial 7 days after sign up. If the account holder
cancels after the time period specified, there will be no
refund given.
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High Tech Web Service, Inc may temporarily deny service or
terminate this Agreement upon the failure of Account Holder
to pay charges when they become due. Such termination or denial
will not relieve the Account Holder of responsibility for
the payment of all accrued charges, plus reasonable interest
and any collection fees.
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If
an account holder's account becomes overdue, the account will
be suspended. Interest will accrue on the overdue account
at a rate of 5% per month until the outstanding balance is
paid in full.
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If
an account holder charges back for services rendered, a $50.00
charge back fee will be added to the amount charged back by
the customer.
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If
an account holder's account is overdue for 90 days, the account
will be handed over to an outside collection agency. At that
time the account holder will incur a $50.00 collection fee
added to the balance previously due.
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All
accounts are subject to verification.
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You
agree that High Tech Web Service, Inc may establish limits
concerning use of any High Tech Web Service, Inc service offered
on any High Tech Web Service, Inc web site, including without
limitation the maximum number of days that e-mail messages
will be retained by any High Tech Web Service, Inc service,
the maximum number of e-mail messages that may be sent from
or received by an account on any High Tech Web Service, Inc
service, the maximum size of an e-mail message that may be
sent from or received by an account on any High Tech Web Service,
Inc service, the maximum disk space that will be allotted
on High Tech Web Service, Inc's servers on your behalf either
cumulatively or for any particular service. You agree that
High Tech Web Service, Inc has no responsibility or liability
for the deletion, corruption or failure to store any messages
or other content maintained or transmitted by any High Tech
Web Service, Inc service. You acknowledge that the features,
parameters (for example, the amount of storage available to
users) or existence of any High Tech Web Service, Inc service
may change at any time.
What
does High Tech Web Service consider "Adult Material?"
Any
site whose revenue is gained in part or whole from its adult content.
Photos
or videos showing frontal nudity on either men or women for non-scientific
or non-artistic purposes.
Photos
or videos showing graphic violence or death.
Revenue-generating
hyperlinks to sites who violate policy #1.
Why does High Tech Web Service have this policy?
Bandwidth
and Resources
A virtual server is a shared environment where many servers reside
on each particular machine. This being said, consider that an
average "adult site" gets more hits than 100 standard
websites. Some of the smaller adult sites get around 5 GB of transfer
per day. With these types of resources being utilized, our servers
would be severely slowed if we allowed these high traffic sites
to also reside on our servers. On top of that, we would be forced
to raise our prices to pay for the additional bandwidth. We strive
to keep our servers fast and inexpensive, and our bandwidth clear;
therefore, adult sites are not an option.
High
Tech Web Service reserves the right to decide what it considers
"adult content", "adult material", "sexually
explicit", or "sexually related". Let us know if
you are unsure of the approval of your site before placing an order. |