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Acceptable Use Policy / Terms of Service
This ResultsHost Acceptable Use Policy/Terms of Service ("AUP/TOS") describe the proper kinds of conduct and prohibited uses of ResultsHost's hosting services (the "Services"). This AUP is not exhaustive and ResultsHost reserves the right to modify this AUP at any time, effective upon posting of the modified AUP at Acceptable Use Policy / Terms of Service. By registering for and using the Services, and thereby accepting the terms and conditions of this AUP, you agree to abide by these conditions as modified from time to time. Any violation of the AUP may result in the suspension or termination of your account or such other action as ResultsHost deems appropriate. IMPORTANT NOTE - ResultsHost has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds or fees paid will be made if account termination is due to violation of the terms outlined below. Shared Server Abuse Any attempt to undermine or cause harm to a server, or customer, of ResultsHost is strictly prohibited. Unauthorized use of other people's accounts or computers ResultsHost 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, security hole scanning etc. Any unauthorized use of accounts or computers by a ResultsHost customer, whether or not the attacked account or computer belongs to ResultsHost, 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. Customers may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by ResultsHost to be unacceptable use of ResultsHost's services including abuse of server resources. All hosting accounts may be terminated that include the following content or which have links to the following content:
1st offense - $100.00 2nd offense - $200.00 3rd offense - Account termination This fee will only be waived if it is determined by the abuse team that the account was disabled without cause. Unsolicited Email (Spam) Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation. ResultsHost takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers. The following activities are not allowed:
Note: If you use the services of another provider (including but not limited to the use of address lists obtained from a third party vendor or provider) to promote a website hosted by or through ResultsHost (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers. Penalty: Depending on the severity of your SPAMMING, ResultsHost reserves the right to charge you between $1.00 - $100.00 PER SPAM sent through our network. Your website content will also be confiscated and it will NOT be returned to you. PHP/CGI Scripts Each shared Linux web hosting account comes with its own cgi-bin, in which you are free to use any* CGI scripts you wish. All CGI scripts (Perl scripts with a .pl or .cgi extension) intended for use on shared Windows 2003 web hosting accounts are subject to approval by our Administrators. *See the Server Resource Abuse section. Server Resource Abuse Shared server accounts are limited in use of the amount of server resources. Shared server resource abuse includes any process or service usage that affects normal shared server operation, resources or connectivity, and which causes a server to become overloaded. Shared server resources include CPU and memory usage, number of concurrent processes, number of concurrent port or database connections and total bandwidth. Possible causes of server resource abuse include, but are not limited to, the use of: CGI, Perl, Sendmail, mySQL, MSSQL, PHP, ASP, COLDFUSION, HTTP, SMTP, POP3 and FTP. If server resource abuse is detected, possible actions include, but are not limited to: disabling of the offending script or scripts, disabling of the specific service, disabling of the entire account or account cancellation. If server overload is a result of server resource abuse, these actions will be taken without prior notice or warning. Child Pornography Our policy on child pornography is zero tolerance. ResultsHost will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the ResultsHost network, and will be liable for illegal material posted by their clients. According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years. Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT Abuse of SMTP Mail Server We do not allow clients to send more than 5000 pieces of e-mail per day from a shared hosting account. If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 5000 per day your account will be moved to a special server that is specifically designed to handle high volumes of e-mail. You will be charged $100.00/month in addition to your regular hosting charges if your account is moved to this server. Please contact bulkemails@resulthost.com to have your domain moved. 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. (this section does not apply to managed dedicated servers) IRC We currently do not allow IRC IRC clients or IRC bots to be operated on any of our servers. In addition, IRC servers are not permitted on our network. Anyone found to be in violation of this policy risks immediate account termination. Current Contact Information Current customers must provide ResultsHost with, and keep current and up to date, good contact information including full address, email, phone, and fax numbers. ResultsHost uses contact information to reach customers during network emergencies, server downtime, maintenance windows and in case there are billing issues with your account. Failure to keep contact information up to date could lead to temporary account suspension until the information is updated. Abuse of Dedicated/Colocation Bandwidth Allotments ResultsHost's customers are privileged to be offered large amounts of bandwidth and monthly transfer to their servers. The intention of ResultsHost is to provide large bandwidth allotments to businesses and consumers to serve as connections for their websites and web documents ("normal usage," and not for off-site storage areas for electronic documents and files. All (90%) of your web pages (.html) must be 'linked' with files (.GIF, .JPEG, .WMV, .RA, etc.) stored on ResultsHost's server. Websites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of ResultsHost management. Any customer who violates ResultsHost's Policies in abusing bandwidth allotments and site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the allotted period, the client will be billed for the overages. To maintain the integrity of our dedicated and colocation server networks the following server limitations apply if your site is not deemed as "normal usage:" Servers that contain:
Subscribers are prohibited from allowing more than five (5) authenticated users of the Microsoft Windows Server Operating Systems under Microsoft licensing terms and could create liability issues with Microsoft Corporation if violated. Customer agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Software Products or that appear during the use of Software Products. Customer further agrees not to reverse engineer, decompile, or disassemble the Software Products. ResultsHost may provide you access to other third party software and/or services ("Third Party Products ") through reseller relationships ResultsHost has established with certain commercial software and licensing vendors, including without limitation, Microsoft Corporation ("Third Party Vendors"). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by ResultsHost and not by the Third Party Vendor. Neither ResultsHost nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. Customer expressly acknowledges and agrees that use of third party products is at customer's sole risk and such third party products are provided "as is" and without representation or warranty of any kind from ResultsHost or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither ResultsHost nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for third party products and that customer shall be fully liable to third party vendors and ResultsHost with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements. Excessive Use/Overages You will not exceed the bandwidth, storage and E-mail usage limits outlined by your particular web hosting package. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month or if you exceed E-Mail storage and attachment size limitations, ResultsHost may, in its sole discretion, assess you with additional charges. If ResultsHost elects to take any corrective action, ResultsHost will not refund any unused pre-paid fees. Your use of your account and access to it is your responsibility. You are responsible for any unauthorized access to your account resulting in bandwidth, storage and/or E-mail usage exceeding the limits outlined in your particular web hosting package specifications and resultant charges. Bandwidth overages are currently billed at $15/GB/month. Disk space overages are currently billed at $.25/MB/month. Email attachments overages are currently billed at $.10 per email over 10MB. 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. ResultsHost reserves the right to change prices at any time, unless other terms have been agreed upon. Credit card accounts are subject to login deactivation upon the card declining for charges within 48 hours of email notification. 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 complete account deactivation. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies ResultsHost at cancel.cihost.com to request for termination of services. All payment is in U.S. currency. ResultsHost will bill each client $50.00 per returned check, per wire transfer received and per credit card chargeback received. All ResultsHost accounts are setup on anniversary billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle, during a current cycle, there will be a $50.00 fee. Please contact the billing department at billing@cihost.com should you wish to change your anniversary billing cycle. Any account that is not brought current prior to deactivation will be charged a $25.00 reactivation fee as well as a $15.00 late charge, per domain deactivated. In addition, if your credit card declines for any reason ResultsHost will charge your account an additional $1.00 service charge every time your card is declined. ResultsHost may impose a debt service charge equal to one and one-half percent (1.5%) of the overdue balance (or such lesser amount as may be required by law) for each month or fraction thereof the overdue amount remains unpaid. All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of ResultsHost) shall be paid by Customer. ResultsHost accepts paper checks, as well as credit cards, wire transfers, money orders, cashiers checks, Paypal and cash from customers for payment of web hosting services and fees associated with your account. However, there will be a $5.00/month processing fee for each customer paying by paper check and a $50/transaction fee for customers paying by wire transfer (no additional fee for credit cards, money orders, cashiers checks and cash). Additionally, if you decide to switch your payment method of billing cycle you will be charged a $10 processing fee for that change. Cancellation ResultsHost reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by ResultsHost if ResultsHost institutes its 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 ResultsHost's web hosting plans are backed by a 30 day money back guarantee (*see restrictions below). 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, domain registration fees, add-on/upgrade fees and overages. Setup fees are refundable only if the account order is canceled prior to account activation. For web hosting contracts, dedicated servers and colocation packages, the full contract amount less any setup fees and overages will be refunded if ResultsHost is notified within the first 30 days following activation. No refund is available after the 30th day. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, etc. Due to security concerns, all account cancellations must be done following the steps outlined at http://cancel.cihost.com. Cancellations via email requests will not constitute acceptance of any cancellation. Refunds will be made by company check or issued back to your credit card within 30 days of receipt of cancellation. To receive your refund, you must terminate this Agreement in the manner described in above and cease using the Services. Cancellations are processed only from 9 a.m. - 6 p.m. CST on Monday-Friday. No cancellations are processed on holidays or weekends. *Advanced Hosting Packages (Dedicated and Colocation packages) All advanced hosting packages must be cancelled according to the terms outlined in your contract. A cancellation notice must be submitted in writing 30 days in advance. Once the written cancellation notice has been received, you will be contacted via email regarding any restrictions or final obligations owed on your contract. *E-business In A Box E-business In A Box packages are non-refundable once the site has been approved and launched. If the account is cancelled within the first 30 days and production has not begun, the account can be cancelled for a full refund excluding the setup fee and domain registration fees. *Crazy Deals All "Crazy Deals" are non-refundable. If the account is cancelled within the first 30 days, only ResultsHost accounts credits are given for the full amount excluding setup fees, domain registration fees, add-on/upgrade fees and overages Liability and Obligations on Cancellation Liability and Obligations on Cancellation If the Agreement expires or is cancelled for any reason, ResultsHost is not liable to you because of the expiration or cancellation for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the termination or expiration. If you terminate this Agreement, ResultsHost will not relieve you of any obligations to pay fees and costs accrued before the termination date or any other amounts you owe to ResultsHost under this Agreement. IP Address Overlap ResultsHost administers the network on which customer servers reside. The customer cannot use IP addresses which were not assigned to them by ResultsHost staff. Any server found using IPs which were not officially assigned will be suspended from network access until such time as the IP addresses overlap can be corrected. Material and Product Requirements You must ensure that all material and data placed on ResultsHost's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by ResultsHost. ResultsHost will make no effort to validate any of this information for content, correctness or usability. If your material is not "server-ready", ResultsHost may reject this material. ResultsHost will notify you of its refusal of the material and afford you the opportunity to modify the material to satisfy ResultsHost's requirements. Use of the 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 your website. You must have the necessary knowledge to create and maintain a website. ResultsHost does not provide this knowledge or customer support outside of the Services. Intellectual Property Rights Material accessible to you through ResultsHost's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use ResultsHost or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the ResultsHost network. If you use a domain name in connection with ResultsHost or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party. Network Security Customers may not use the ResultsHost network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to:
Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to:
ResultsHost will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability. You are solely responsible for any security breaches affecting servers or accounts under your control. If your server or website is responsible for or involved in an attack on or unauthorized access into another server or system, ResultsHost will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting ResultsHost or any of its other customers. Shared Hosting Account/Dedicated Server Security You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
Customers who violate systems or network security may incur criminal or civil liability. ResultsHost will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Electronic Commerce You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation
You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your website. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information. Static/Dynamic Content Caching You expressly (i) grant to ResultsHost a license to cache the entirety of your website, including content n supplied by third parties, hosted by ResultsHost under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights. IP Address Ownership ResultsHost shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by ResultsHost and ResultsHost reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses. Domain Name Registration Customer agrees to pay ResultsHost prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the ResultsHost price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if Customer's domain name registration is suspended, cancelled or transferred prior to the end of Customer's then current registration term. ResultsHost reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer's requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed Customer's registration in an email from ResultsHost to the email address indicated in Customer's registration application. In the event of a charge-back by a credit card company (or similar action by another payment provider allowed by ResultsHost) in connection with the payments of the registration fee for Customer's domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to ResultsHost as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. ResultsHost will reinstate Customer's domain name registration solely at ResultsHost's discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee. Copyright Infringement DIGITAL MILLENNIUM COPYRIGHT ACT Notice and Procedure for Making Claims of Copyright Infringement Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the ResultsHost system or website should be sent ONLY to our Designated Agent. NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING ResultsHost THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY. DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g. REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT. Written notification must be submitted to the following Designated Agent: AssnWeb LTD PO Box 717 New Albany, OH 43054 crights@resultshost.com Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
Lawful Purpose ResultsHost reserves the right to refuse service to anyone. Customers may only use ResultsHost server 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. The designation of any materials as such described above is left entirely to the discretion of ResultsHost management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiction this contract was entered into and performed in Tarrant County, Texas, and any dispute will be litigated or arbitrated in Tarrant County, Texas. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Tarrant County Courts. IN NO EVENT SHALL ResultsHost'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS FOR ANY REASON. Indemnification CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD ResultsHost HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST ResultsHost, 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 ResultsHost AGAINST LIABILITIES ARISING OUT OF;
ResultsHost WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. ResultsHost MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. ResultsHost 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 ResultsHost AND ITS EMPLOYEES. ResultsHost RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. CUSTOMER SHALL NOT TRANSFER OR ASSIGN THIS AGREEMENT WITHOUT THE PRIOR WRITTEN CONSENT OF ResultsHost. HOWEVER, ResultsHost MAY ASSIGN THE CUSTOMER'S CONTRACT, IN PART OR IN WHOLE, AT ANYTIME WITHOUT CONSENT FROM OR NOTICE TO THE CUSTOMER. ResultsHost RESERVES RIGHT TO CANCEL CUSTOMERS RIGHTS UNDER THIS CONTRACT AT ANYTIME WITHOUT FURTHER OBLIGATION. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF ResultsHost MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION. AUP/TOS Revisions ResultsHost RESERVES THE RIGHT TO REVISE, AMEND, OR MODIFY THIS AUP/TOS AND ALL OF OUR OTHER POLICIES AND AGREEMENTS AT ANY TIME AND IN ANY MANNER. NOTICE OF ANY REVISION, AMENDMENT, OR MODIFICATION WILL BE DEEMED WHEN THE NEW INFORMATION IS POSTED WITHIN THIS DOCUMENT OR ANY OTHER ONLINE AGREEMENTS. CUSTOMERS WILL NOT NECCESSARILY BE NOTIFIED IN WRITING OF THESE CHANGES. PLEASE CHECK THIS AND ALL OTHER ResultsHost AGREEMENTS AND DOCUMENTS FREQUENTLY FOR CHANGES. Email: info@resulthost.com |
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