Illegal
Content - files that violate copyright or
other federal laws are grounds for instant termination of service.
This expressly includes:
Copyrighted
Software's ['warez']
Copyrighted
Media [MP3
files of commercial recordings, etc]
Proprietary
Computer information [e.g.
stolen password files]
Abuse & Illegal
Activities
Any incident of
server abuse is grounds for immediate and unconditional account
termination. Common examples of abusive practices are listed below
and YourBizHelp.com reserves the right of interpretation as to what
constitutes abusive practices. In short - if
you are unsure that your actions may be perceived as an abuse of
service, contact YourBizHelp.com directly to check with us before
proceeding.
Ignorance of the
consequences of your actions will not protect you from liability.
YourBizHelp.com
will charge a $200.00 site clean-up fee for any abuse of the
terms listed below PLUS, ALL TIME AND RESOURCES TO TRACK AND TRACE
ABUSE WILL BE BILLED AT YourBizHelp.com's $65.00 PER HOUR RATE x3
(TRIPLE DAMAGES).
Examples
of, but not limited to, are:
Email
abuse - Unsolicited Commercial Email ['SPAM']
is implicitly forbidden. UCE costs us time and money, and using
our equipment in this way will be treated like it is - illegal
theft of service. In many states, sending spam to people without
their permission is a felony punishable by law now.
Trafficking
of illegal content - in the same way
that storing illegal content on your account is banned, likewise
is the utilization of your account to traffic illegal content, by
any means or method, it must not reside on nor pass through a
YourBizHelp.com server.
IRC sessions -
Using YourBizHelp.com
servers to run an Internet Relay Chat [IRC] session is grounds for
immediate termination. This includes the use of BNC and other
redirection servers to indicate a source address on any
YourBizHelp.com server. Running IRC from our servers makes them
targets for attack. Bluntly put, you are not paying us enough to
act as a human shield for your IRC wars. Don't run IRC sessions,
IRC bots, IRC servers or IRC proxies. We will give no warning
before terminating this activity and the account responsible.
Hacking / Denial
of Service - Network
activity that constitutes an attack on any internet host from a
YourBizHelp.com server is grounds for immediate termination &
likely prosecution. In short - don't do it, because we wont stand
by and watch it happen.
User Processes
Excessive
resource usage - cgi
scripts or other executable code that consumes an undue amount of
CPU time [more than 10 minutes per hour of CPU time] will be
reprioritized if possible, or we will ask you to discontinue its use
either permanently or the script is altered by yourself or third
party to operate in a less resource-hungry manner. Failure to cease
operator of the offending executable will be considered as server
abuse.
Background
processes - background process [that is,
application or utilities that are started from within an interactive
shell login, and se to run permanently in the background on a
server] are not to be initiated without prior arrangement with use.
Generally, we accept background processes, so long as they do not
openly break one of our other policies - we do however reserve our
right to examine all code before it runs on our hardware.
Compiling
- User rights to access compiler software is available upon request
and arrangement. Once again, we choose to examine any code that is
compiled and executed from our hardware. If you need access to the
CP compiler, please contact us describing your need for access.
Support Restrictions
Areas we do
not support - YourBizHelp.com
will make efforts to support information for configuring popular
network/web software to use internet services. However we can in no
way specifically test every piece of software that could conceivably
be utilized with our systems, only provide general system-related
information.
The offer of any
particular service does not constitute an obligation on
YourBizHelp.com's part to tutor the necessary skills to utilize that
service, only to provide system-specific information.
Domain/DNS
problems - in
many situations, problems with domain names/DNS issues are NOT
directly the responsibility of YourBizHelp.com. DNS is a cooperative
system and works solely because the parties involved in running the
system agree to cooperate in the furtherance of the DNS/domain
system. We will do our best to isolate the source of the problem at
hand, however unless this source is hardware directly under the
control of YourBizHelp.com, then the task of acquiring a solution
will fall back into your hands. YourBizHelp.com will advise when
requested, but rarely intermediate in domain issues not directly
related to the operation of one of our DNS servers.
Payment Policies
All accounts are set up on a pre-pay
basis. YourBizHelp.com
reserves the right to change prices at any time, unless other terms
have been agreed upon. 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 suspension. The customer is responsible for all money
owed on the account from the time it was established to the time
that the customer notifies YourBizHelp.com
at support@yourbizhelp.com
to request for termination of services. All payment is in U.S.
currency.
Cancellation
YourBizHelp.com
reserves the right to cancel service at any time. All fees paid in
advance of cancellation will be forfeited if YourBizHelp.com
institutes it's right of cancellation. Any violation of policies
which results in extra costs will be billed to the customer (i.e.
transfer, space, spamming, etc...)
Lawful Purpose
YourBizHelp.com
reserves the right to refuse service to anyone. Customers may only
use YourBizHelp.com
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 YourBizHelp.com
management. Regardless of the place of signing this agreement, the
client agrees that for purposes of venue this contract was entered
into in Montgomery County, Ohio, and any dispute will be
litigated or arbitrated in Montgomery County, Ohio.
Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY,
SAVE AND HOLD YourBizHelp.com HARMLESS FROM ANY AND ALL
DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE
ATTORNEY'S FEES ASSERTED AGAINST YourBizHelp.com, 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
YourBizHelp.com AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY
TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE
DISTRIBUTED IN CONNECTION WITH YourBizHelp.com SERVER; (2) ANY
MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON
THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT
AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM A
YourBizHelp.com SERVER.
Disclaimer
YourBizHelp.com WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR
BUSINESS MAY SUFFER. YourBizHelp.com MAKES NO WARRANTIES OF ANY
KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. YourBizHelp.com
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 YourBizHelp.com AND ITS EMPLOYEES.
YourBizHelp.com RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY
TIME.
ALL
SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF YourBizHelp.com
MUST ADHERE TO THE ABOVE POLICIES.
FAILURE
TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE
ACCOUNT DEACTIVATION WITHOUT REFUND.
Intellectual Property Rights
Material accessible to you through
YourBizHelp.com 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
YourBizHelp.com 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
YourBizHelp.com network. If you use a domain name in connection with
YourBizHelp.com 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
YourBizHelp.com network with an attempt to circumvent user
authentication or security of any host, network, or account. This
includes, but is not limited to, accessing data not intended for the
customer, logging into a server or account the customer is not
expressly authorized to access, password cracking, probing the
security of other networks in search of weakness, or violation of
any other organization's security policy. Customers may not attempt
to interfere or deny service to any user, host, or network. This
includes, but is not limited to, flooding, mail bombing, or other
deliberate attempts to overload or crash a host or network.
YourBizHelp.com 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.
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