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| Welcome to ArsHost! |
ArsHost Acceptable Use
Policy
Web-site Content. The content of your website will remain on
your site and is not available to any other entity. You have the right
to retain on your site; any and all files that you seek to hold that do
not violate the following rules. Customers are prohibited from
transmitting on or through any of ArsHost services, any material that
is, in ArsHost's sole discretion: unlawful, obscene, threatening,
abusive, libelous, encourages criminal mischief, gives rise to civil
liability, or otherwise violates any local, state, federal, or
international law and/or treatise. In short, ArsHost services may only
be used for lawful activities.
Pornography: ArsHost has a zero stance policy on pornography
that violates local, state, federal, or international law. This
includes, but is not limited to, child pornography, bestiality,
hard-core pornography, and others not allowed by law. ArsHost does not
seek to abridge any users constitutional rights, but we uphold any and
all laws applicable to the content of sites hosted on our servers and/or
network. ArsHost reserves the right to deny service without cause for
sites with adult content that we deem violates local, state, or federal
law.
ArsHost customers may not use our network 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 or directly violating the security policy of another
organization. Customers are also not allowed to interfere or deny
service to any user, host, or network by flooding, mail bombing, or
attempts to overload or crash the host network. Any violation of the
network guidelines set forth will result in deactivation of your
dedicated server for resolution.
Mass Mailings. ArsHost has a zero stance policy on SPAM, Junk
E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of
the same, or substantially similar, unsolicited electronic mail message,
whether commercial or not, to more than one recipient. A message is
considered unsolicited if it is posted in violation of a newsgroup
charter or if it is sent to a recipient who has not requested or invited
the message. UCE also includes e-mail with forged headers, compromised
mail server relays, and false contact information. This prohibition
extends to the sending of unsolicited mass mailings from another
service, which in any way implicates the use of the ArsHost servers
and/or network. Violation of the above terms will result in one or all
of the following:
A warning from ArsHost, via E-mail or phone.
Temporary shutdown of the site or a block on outgoing mail.
Permanent disconnection of service.
Repeat violation of the above terms will result in the following
actions:
Immediate disconnection of service with no re-activation.
$500 fee assessed to your account for violation.
Absolutely no refunds for any reason.
$10 per e-mail violation after notification.
If your actions have caused ArsHost servers or IP Addresses to be placed
on blackhole lists and other mail filtering software systems used by
ISP�s and Web Hosting companies around the world, you will be assessed a
$1000 charge to your account and $150 per hour for administrative
charges incurred to remove and protect our servers and/or IP Addresses.
If you have further questions about our mass mailing policy, please send
them to [email protected].
If you want to report abuse by one of our users, please send the e-mail
to [email protected].
Mailing Lists: Our mass mailing rules also apply to mailing
lists, list servs, or mailing services you may contract with. Our
policy is the following: An acceptable mailing list will be focused at
a target audience that has voluntarily signed up for your e-mail
information or that has made their e-mail address available for
distribution of information from you. Your own list servs in which
customers have signed up for in the past, is a valid mailing list. If
one of your members asks to be removed, please remove them as soon as
feasibly possible. Internally created mailing lists are valid as long
as your customers agree to receive the e-mail. Purchased mailing lists
are generally a violation of the rules because you have not received
authority from the recipient to send them an e-mail. The final rule to
all mailing lists is simple: if your customers begin to send spam
complaints to ArsHost about your e-mail, you will be bound to the terms
of mass mailings listed above. If you have direct questions in
reference to mailing lists, please send your question to [email protected].
Suspension: ArsHost specifically reserves the right to suspend
service to your site at our discretion. Suspension will only occur for
violation of our AUP, non-payment for services, or by request of legal
authorities with proper legal documents. Suspension will only occur for
the absolute minimal amount of time to resolve the issue at
hand.
SERVICE INTERRUPTIONS. ArsHost shall not be liable for failure
or delay in performing its obligations hereunder if such failure or
delay is due to circumstances beyond its reasonable control, including,
without limitation, acts of any governmental body, war, insurrection,
sabotage, embargo, fire, flood, strike or other labor disturbance,
interruption of or delay in transportation, unavailability of
interruption or delay in telecommunications or third party services,
failure of third party software or inability to obtain raw materials,
supplies, or power used in or equipment needed for provision of the
Services. Customer understands and agrees that occasional temporary
interruptions of any Internet Services may occur as normal events in the
provision of the Internet Services. ArsHost agrees to exercise
reasonable care to prevent such occurrences; however, under no
circumstances will ArsHost be held liable for any financial or other
damages due to such interruptions. In no event shall ArsHost be liable
to Customer or any other person for any special, incidental,
consequential or punitive damages of any kind, including, without
limitation, refunds of fees, loss of profits, loss of income or cost of
replacement services.
Governing Law and Forum. This Agreement shall be governed and
interpreted according to the internal laws of the State of Tennessee,
excluding choice of law provisions. For all disputes arising out of or
related to this Agreement or Service Orders, the parties irrevocably
consent to the exclusive jurisdiction of the Courts of Tennessee.
Customer�s address for purposes of service of process shall be the
address designated for notices in this Agreement. In connection with all
actions in which ArsHost is awarded amounts due from Customer, ArsHost
shall be awarded (either in that action or by way of a separate action)
its costs and expenses of litigation (including reasonable attorneys�
fees), through trial and appeal.
LIMITATION OF LIABILITY. ArsHost�s liability (including, for
purposes of this paragraph only, any of it employees, agents, or
representatives), to Customer (either directly or as a third party
defendant in any action or proceeding) for any claim arising out of or
relating to this Agreement or Service Orders or the provision of any
Services under Service Orders (including, without limitation maintenance
and support) shall be limited to the amount of fees paid by Customer to
ArsHost under this Agreement within one year preceding the date Customer
contends its claim arose. In no event shall ArsHost be liable for any
loss of data, loss of profits, cost of cover, or any other special,
incidental, consequential, indirect or punitive damages, however caused
and regardless of theory of liability. This limitation will apply even
if ArsHost has been advised of, or is aware of, the possibility of such
damages.
DISCLAIMER OF WARRANTIES. ArsHost specifically disclaims all implied
warranties, including but not limited to, the implied warranties of
merchantability and fitness for a particular purpose. Except as
otherwise provided in this Agreement, any written materials by ArsHost,
or information on ArsHost�s web site, shall be for informational
purposes only and, whether delivered or disseminated before or after the
date of this Agreement, shall not create any express or implied
warranties, guaranty of performance, or contractual obligations.
Any violations of the above policies will result in immediate suspension
of services.
If ArsHost should deem it necessary to initiate termination of services
with you, ArsHost specifically agrees to provide reasonable access to
you in order to allow you to download any files which may still reside
on the server being removed from the network. In no event shall ArsHost
be liable for any loss, loss of data, or other commercial damage,
including but not limited to special, incidental, consequential or other
damages, which result from this termination of services.
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