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Unifound Web Hosting and Supporting is owned by Unifound
IT Solutions. Client is the party purchasing a Unifound
Web Hosting and Supporting Hosting plan. Client and
Unifound Web Hosting and Supporting agree to the following:
As a high-quality web hosting provider, Unifound Web Hosting and Supporting values its good
reputation. Accordingly, it is important to us that our customers
use our services and the Internet in general, responsibly and
courteously. Most of our customers do so and seldom need to refer to
these AUPs. Nonetheless, the following constitute examples of
unacceptable uses of Unifound Web Hosting and Supporting's services, which will result
in suspension, or termination of the customers account:
Spamming
Unacceptable activities include spamming (sending unsolicited advertising to
those with which the customer has no existing business relationship,
posting off-topic advertising in newsgroups); spoofing (using a return
email address which is not the valid reply address of the sender or
sending an email message which does not contain enough information to
enable the recipient to identify the party who is really sending the
message; passive spamming (promoting a web site hosted by Unifound Web Hosting and Supporting
by spamming from some other source), trolling (posting controversial
messages in newsgroups to generate responses), mail bombing (inundating
a user with email without any serious intent to correspond), generating
a higher volume of outgoing mail than a normal user (over 10% of available
system resources), and subscribing someone else to an electronic mailing
list without that person's permission. A message is considered unsolicited
if it is posted in violation of a newsgroup charter or sent to a recipient
who has not requested the message. Making an email address available to
the public does not constitute a request to receive messages. Distribution
of mass emailing programs is also prohibited. All recipients on a mailing
list must have personally subscribed. Mailing lists may not be used to
distribute unsolicited email. Any customer repeatedly "mail bombed"
or that attracts such behavior will be asked to leave. If you are not
sure if your actions will be in violation, please ask first (contact
us by clicking here).
Age
The Client must be at least 18 years of age to obtain our service.
Abuse of the legal rights of others
Examples of unacceptable activities in this regard include
posting private information about a person without their
consent, infringing intellectual property rights, defaming
a person or business, and knowingly making available code
which will have a deleterious effect on third party computers.
Unifound Web Hosting and Supporting supports free speech on the Internet, and will not
suspend or cancel a customer's account simply because it
disagrees with the views expressed by the customer. Where
there are allegations that a customers on-line activity has
violated the legal rights of a third party, Unifound Web Hosting and Supporting will
not substitute itself for a court of law in deciding tort claims
raised by the third party.
Abuse of the Law
Unifound Web Hosting and Supporting's services may be used for lawful purposes
only. Illegality includes but is not limited to: drug
dealing; attempting without authorization to access a
computer system; pirating (distributing copyrighted
material in violation of copyright law, specifically
MP3s, MPEG's, ROMs, and ROM emulators); gambling;
schemes to defraud; trafficking in obscene material;
sending a message or having content that is obscene,
lewd, lascivious, filthy, or indecent with intent to
annoy, abuse, threaten, or harass another person;
threatening bodily harm or damage to individuals or
groups; violating U.S. export restrictions; stalking;
or violating other state or federal law such as the
Electronic Communications Privacy Act, the Computer
Fraud and Abuse Act, or the Economic Espionage Act.
Linking to illegal material is also prohibited.
Unifound Web Hosting and Supporting
reserves the right to check system files,
email, and other data on our servers for illegal
content and materials, or for any other reasons deemed
necessary.
Pornography
Pornography and sex-related merchandising, or links
to such material, even if legal, is not an acceptable
use of Unifound Web Hosting and Supportings servers.
Abuse of Unifound Web Hosting and Supporting Server Resources
Running programs in the background on a Unifound Web Hosting and Supporting
server without Unifound Web Hosting and Supporting's prior written authorization,
or running chat rooms, Internet Relay Chat, IRC bots, and
the like are not acceptable uses of Unifound Web Hosting and Supporting's servers.
Further, any usage of ten percent (10%) or more of our system
resources is an undue burden on our system and is unacceptable.
If your usage ever exceeds ten percent (10%) of system
resources, your account may be suspended immediately and
without prior notice. At this time, Unifound Web Hosting and Supporting will
work with the client to come up with a remedy to the
situation. In addition any domain that exceeds five (5)
gigabytes of bandwidth traffic within any twenty four
(24) hour period can be terminated without prior notice.
Usage of scripts or other utilities to direct pointed
domain names to subdirectories is not permitted and is
grounds for termination of the account.
Unifound Web Hosting and Supporting defines the term "unlimited" in this document.
Any "unlimited" features can be limited upon the request
of Unifound Web Hosting and Supporting. We may take any "unlimited" feature and
set a limit on it at any time without prior notification.
Accounts are also subject to immediate suspension if they
are found abusing the "unlimited" account functions. The
client will be given an opportunity to modify the abuse
in question to a level that is acceptable to us.
Hacking/Cracking
Unifound Web Hosting and Supporting reserves the right to report illegal
activities to any and all regulatory, administrative,
and/or governmental authorities for prosecution.
The following examples of unacceptable behavior are
non-exclusive, and are provided for guidance purposes.
If you are unsure if your actions will be a violation
of our policies please ask (ontact
us by clicking here).
Server broadcast messages or any message sent on an
intrusive basis to any directly or indirectly attached
network. Attempting to circumvent any user authentication
or security of host, network, or account. Accessing data
not intended for user. Probing the security of any network.
Spawning dozens of processes. Port scans, ping floods,
packet spoofing, forging router information, Denial of
Service attacks, sniffers, flooding, spoofing, ping bombing,
smurfs, winnuke, land, teardrop. Promulgation of viruses.
IRC bots such as eggdrop or BitchX. Any activity, whether
or not the intrusion results in the corruption or loss of
data, will be investigated and proper action taken. The
presence of any of these programs, whether or not run,
will result in action against the user including suspension
or termination.
Client Responsibility
The Client is responsible for all activity originating
from the account unless proven to be a victim of outside
hacking or address forgery. The Client is responsible
for securing their username/password. The Client assumes
responsibility for all material on their site that may
be put on by a third party (such as the usage of Free
For All links pages). Use of Unifound Web Hosting and Supporting's service
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 the web space by the Client. The
following examples are offered: Web Publishing: requires
knowledge of HTML, properly locating and linking documents,
FTPing Web contents, Graphics, text, sound, image mapping,
etc. FrontPage web publishing: knowledge of the FrontPage
tools as well as Telnet and FTP understanding and capability.
CGI-Scripts: requires a knowledge of the UNIX environment,
TAR & GUNZIP commands, Perl, CShell scripts, permissions,
etc. Mail: a use of mail Clients to receive and send mail,
etc. The Client agrees that he or she has the necessary
knowledge to create and maintain their web space. Client
agrees that it is not the responsibility of Unifound Web Hosting and Supporting
to provide this knowledge or support outside matter
specific to Unifound Web Hosting and Supporting's servers.
Backups
Full backups are made weekly, and backups of new/changed
data made nightly. No guarantees are made of any kind,
either expressed or implied, as to the integrity of
these backups. Backups are made for server restoration
purposes only. It is the Clients responsibility to
maintain local copies of their web content and information.
If data loss occurs due to negligence of Client in securing
their account or by an action of the Client, Unifound Web Hosting and Supporting
will attempt to recover the data from the most recent
archive for a $300.00 fee.
IP Addresses
Unifound Web Hosting and Supporting maintains control and any ownership of any and
all I.P. numbers and addresses that may be assigned to the
Client and reserves in its sole discretion the right to
change or remove any and all IP numbers and addresses.
Limitation of Liability
Unifound Web Hosting and Supporting shall not be responsible for any claimed damages,
including incidental and consequential damages, which may arise
from Unifound Web Hosting and Supporting's servers going off-line or being unavailable
for any reason. Further, Unifound Web Hosting and Supporting shall not be responsible
for any claimed damages, including incidental or consequential
damages, resulting from the corruption or deletion of any
web site from one of Unifound Web Hosting and Supportings servers. All damages
shall be limited to the immediate termination of service.
Unifound Web Hosting and Supporting, its employees and affiliates shall not be liable to
Client or any other person under any legal theory, tort, contract
or otherwise for any indirect, special, incidental or consequential
damages of any character including without limitation damages for
loss of goodwill, work stoppage, computer or web site failure or
malfunction, or any other commercial damages or losses related
to any products or services Client's URL promotes, sells, or endorses.
Unifound Web Hosting and Supporting shall be the sole arbiter of what is and is not a
violation of these acceptable use policies. Unifound Web Hosting and Supporting reserves
the right to terminate an account at any time and for any reason
that causes harm to any Unifound Web Hosting and Supporting customer's web sites.
Unifound Web Hosting and Supporting
reserves the right to delete all content and files upon
termination. Unifound Web Hosting and Supporting reserves the right to withhold any
pre-paid funds for any site removed for violations of these
policies. Unifound Web Hosting and Supporting reserves the right to refuse, cancel,
or suspend service at our sole discretion.
Billing Policies
Client agrees to pay the monthly fee indicated on their
order form for Client's selected service plan. Unifound Web Hosting and Supporting
will thereafter bill Client once a month. Clients paying by
credit card - a charge will appear
on Client's credit card monthly. Client's paying by check -
checks must be received fifteen days prior to the monthly
anniversary of their initial order [eg., if Client ordered
on the 16th, then their monthly service fees must be received
by Unifound Web Hosting and Supporting by the 1st of the month].
All contracts are for a one (1) month period. No contract shall
exceed the one month period. Prior to the end of that one
month period, either the client or Unifound Web Hosting and Supporting may not
renew the contract for the next one month period. There
must be fifteen (15) days notice by the client if he or she does
not wish to renew the agreement.
As a client of Unifound Web Hosting and Supporting, you have our guarantee that as
long as your account remains in good standing continually
and your month to month billing cycle is never interrupted
by a period non-service, your price for the same account
will be the same from month to month.
Delinquent Payments/Credit Problems
Unifound Web Hosting and Supporting will immediately terminate service if payment is
not received timely [eg., Client's credit card is invalid,
declined, etc or if Client's check is not received fifteen days
prior to the monthly anniversary of their initial order].
Termination of Service
Either Client or Unifound Web Hosting and Supporting may terminate service at
any time. Client's only right and sole remedy with
respect to any dissatisfaction with any of
Unifound Web Hosting and Supporting's
policies or practices, fees, billing
methods, etc. is terminating service. Client may
terminate service by emailing Unifound Web Hosting and Supporting or
ontact us by clicking here
[your message must include name,
domain name, and password]. Should such notice
of termination be delivered and acknowledged as
received by Unifound Web Hosting and Supporting, termination will be effective
within 48 hours. In the event that a Client's account is
terminated or cancelled, NO REFUND OF ANY FEES, including
the monthly service fee, will be granted and/or credited
to Client's account(s).
THE PURCHASE OF ANY Unifound Web Hosting and Supporting SERVICE PLAN BY
CLIENT IS MADE AFTER CLIENT ACCEPTS THE TERMS SET
FORTH HEREIN BY ENTERING THEIR NAME, THE DATE AND
TYPING "I AGREE" AND THEN SUBMITTING THEIR ORDER
FORM OR BY SIGNING THE ORDER FORM AND SENDING IT TO
US - ATTN: Unifound Web Hosting and Supporting. If any provision of this AUP;
Terms and Conditions is held to be unenforceable, such
provision shall be reformed only to the extent necessary
to make it enforceable. This Agreement shall be governed
by Ontario law and any disagreements between Client and
Unifound Web Hosting and Supporting will be resolved in the jurisdiction of
Toronto, Ontario.
This Agreement represents the complete, final, and integrated
agreement between Unifound Web Hosting and Supporting and Client concerning Client's
purchase of Unifound Web Hosting and Supporting's service.
Unifound Web Hosting and Supporting reserves the right to change the Acceptable Use
Policy without prior notice or warning. Non-enforcement of
any part of the Acceptable Use Policy does not constitute consent.
Violations of these Acceptable Uses Policies should be
reported at here.
All complaints will be investigated promptly.
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