Terms Of Service
All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statutes. The subscriber agrees to indemnify and hold us harmless from any claims resulting from the use of the service which damages the subscriber or any other party.
Note: Pornography and sex-related merchandising are prohibited on all servers. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.
In addition, any site selling or promoting Bulk Email services is not allowed.
Examples of non-acceptable content or links:
· Pirated software
· Hackers programs or archives
· Warez Sites
· Irc Bots
· Subhosting - any domain housing additional users without first clearing it with us.
· Distribution points
· Any site whose primary purpose is file distribution
· Shareware and multimedia archives
We will be the sole arbiter as to what constitutes a violation of this provision.
Traffic Guidelines
Each plan is designed with an ample amount of bandwidth. On average a site with 3000 MB of bandwidth allowance has over 100 MB a day of transfers. That works out to over 100,000 page views a day if you are running a normal web site without any files for downloading. We provide double that. Any site going over the allowed amount of data transfer will be charged an additional $5.50 per gigabyte.
Backups
Provide America backs up data on our servers weekly, however, it is ultimately your responsibility to maintain a backup of your files on your own computer or media. Provide America will attempt to restore all data from a backed up copy in the event of hardware or software failure but this is done on a best-efforts basis. Provide America is not responsible for data loss resulting from any type of hardware or software failure. Please backup your files often.
High Resource Policy
Any site that is deemed as impairing the performance of our servers either by high disk utilization, high bandwidth usage, or high CPU usage will be entered into our "High Resource Customer" program. High Resource sites are sites that use an excessive amount of system resources such as bandwidth, Storage or CPU utilization. It is at Provide America's sole discretion to decide which sites are "High Resource" sites. Sites who have been deemed as a "High Resource" site will be subject to the following:
- Verbal or E-mail warning.
- Deactivation of account if action is not taken in ample amount of time.
- Bandwidth charges of $0.10/Mb over the set amount allowed per account.
CGI Scripts
Each account comes with its own CGI-bin disabled. In order to protect ourselves from attacks and network abuse, Provide America will only enable your CGI-BIN if you meet our requirements. For more info, please contact Provide America Support.
Background Running Programs
Currently we do not 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.
IRC
We do not allow IRC or IRC bots to be operated on our servers.
Commercial Advertising - E-mail
Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. We consider spam any mass unsolicited message in the mediums of Newsgroups and E-mail. If you are found to have spammed, then we will immediately, without warning, disable your domain.
As such, any violation will result in immediate deactivation of services without refund.
Also, the following may occur
· Your IP address and ISP (Captured at account sign-up) will be turned over to the proper authorities
· A cleanup fee of $500 will apply to clean all outgoing and incoming mail associated with the offending message
· A fee of $1 per unsolicited e-mail delivered
· A fee of $0.20 per megabyte of bandwidth used to send the offending message
· All server logs will be archived and turned over to the proper authorities
· All files residing in your space will be archived and saved to CD-ROM and turned over to the proper authorities
All fees will be automatically charged to the credit card used at sign-up. Any fraudulent/stolen credit card numbers will be turned over to the proper authorities. Provide America is located in Michigan and Michigan laws apply to all customers of Provide America.
Mail Lists
Please note that Provide America does not want to prevent it's clients from using mailing lists. In fact, your site comes with mailing list software presinstalled. However, we limit all mailing lists to 1000 members and any site found to have a list larger than 1000 members will have their e-mail list deactivated. This includes but is not limited to majordomo and customer installed scripts. Each account is limited to one list of no more than 1000 members. If you maintain a larger list and would like to use this list with your account, you must contact Provide America to ask permission prior to installing the script or the list itself. Any account that installs such a script or list without prior authorization from Provide America may be suspended or deleted without warning and at our discretion.
Customer Files
Provide America does not generally view, download, modify, delete, or otherwise change its customers' files. However, in the event that your site is suspect for violations of our terms of service, please note that Provide America does reserve the right to investigate any reported or suspected issues and that this investigation will result in your files being seen by Provide America. Please note that by signing up for a web hosting account with Provide America, you are granting us authority to access your files should your site be reported or suspected of violating our terms of service. Also note, Provide America may delete, change permissions on, or otherwise modify your files to prevent your site from further violation of our terms of service. This can include but is not limited to: locking the CGI-bin, changing file ownership for suspect CGI programs, or complete site removal. With the above said, please note that in the event of a violation of our terms of service, Provide America may copy all log files, customer files, and other customer data to permanent storage in the event that the offense is unlawful in any state of the U.S. Provide America, however, will never use your data for its own purposes or distribute your data for use by others.
Server Abuse
Anybody trying to access the shell of any server or any other customer's web site without permission from the system operator or owner of the site is strictly prohibited. Any attempts to undermine or cause harm to a server will result in immediate deactivation of services without refund and offenders may be reported to the proper authorities with jurisdiction over such actions.
Refusal of Service
We reserve the right to refuse or cancel service at our sole discretion.
Payment Policies
All accounts are set up within 1 business day upon receipt of full payment. Payment is due each anniversary period following the date the account was established. The customer is responsible for all money owed on the account from the time it was established to the time it is terminated. Requests for termination must be submitted in writing to Provide America.
For Credit Card Orders- Credit card orders will be set up within 24 hrs. During weekdays and on the next business day for orders placed on weekends. Please note that as a precaution, Provide America calls every new account holder via the telephone number provided when that account holder signed up. In the even that we cannot reach you via the telephone number you provided, your account setup will be delayed. Provide America reserves the right to refuse service to anyone for any reason. Please note that Provide America takes its and its customers' safety and privacy VERY seriously. We also take fraud VERY seriously. All policies stated herein are designed to ensure that safety.
Accounts will be automatically billed, on a quarterly or yearly basis, to the card number on file unless notified otherwise specified. All credit card payments will be billed on the date due. The E-mail notification is solely a courtesy E-mail. In the event the credit card does not clear with the bank, the customer will be notified by E-mail. Past due accounts that are not brought current within 5 business days of the E-mail notice are subject to suspension and possible account termination. Provide America will attempt to phone you at the phone number you provided when you signed up. If for some reason this phone number is disconnected or invalid, your account may be immediately suspended or terminated if there is a balance due on the account. It is the customer's responsibility to keep Provide America informed of any phone number or credit card number changes. Provide America is not responsible for any loss of data in the event that your account is terminated for nonpayment.
Provide America reports fraud to the Federal Trade Commission.
For Check or Money Order Orders- Check or money order orders will be set up within 1 business day upon receipt of payment. E-mail notification will be sent 10 days prior to payment due date. Checks returned unpaid (NSF) will be billed a $25.00 service charge. Past due accounts that are not brought current within 10 days of the E-mail notice are subject to suspension and possible account termination. Any account suspended will have a $40.00 reconnection charge to reactivate the site once payment in full is received. All payments must be made in US currency.
Cancellation
Provide America reserves the right to cancel service at any time. All fees paid in advance of cancellation will be prorated and paid by Provide America if Provide America institutes its right of cancellation. If cancellation is caused by customer's violation of these policies, then no refund will be disbursed.
Customers can cancel service any time and be refunded any amount exceeding the prepayment of the current month. Due to security concerns, all account cancellations must be done in writing via US mail or fax with a valid signature of the primary contact of the account, account name, reason for cancellation, and last 4 digits of credit card on file. If payment was made by check or bank transfer, the zip/postal code of the primary contact must also be included. Payment will be made by company check within 30 days of receipt of cancellation or credit card return. The account will be canceled at the end of the current billing period, unless a date of cancellation is specified.
Technical Support
Technical support is provided on a best efforts basis. Any request to install any additional web server modules, ASP modules, or server functions will be reviewed and decided upon by Provide America. Provide America reserves the right to deny any request for additional software or functionality on any basis.
Provide America will support its services through e-mail only and support is limited to support of our systems and services. It is not the responsibility of Provide America to support any third party web editing programs or e-mail clients. Provide America may answer questions regarding some third party software programs or utilities, however, Provide America is not obligated to do so. This includes products that fall into the category of HTML editors, Web Publishing Software, E-mail clients, and other web related software programs and/or scripts.
Disclaimer
Provide America will not be responsible for any damages your business may suffer. Provide America makes no warranties of any kind, expressed or implied for services we provide. Provide America disclaims any warranty or merchantability or fitness for particular purpose. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by Provide America and its employees. Provide America reserves the right to revise its policies at any time without prior notification.
If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation. |
