ACCEPTABLE USE POLICY (AUP) USER AGREEMENT
Scarlet's Web LLC provides web hosting to numerous clients which
means that we have a responsibility to protect each client and to
provide the best services available. The following guidelines were
established to ensure these crucial obligations are met.
These Policies, Guidelines, and Disclaimer are intended for all
domains residing on Scarlet's Web LLC servers, including regular
hosting clients, resellers, and their clients. We ask that all
clients reselling our hosting services in any way, including those
providing non-virtual hosting services, implement these same
Policies, Guidelines, and Disclaimers into their own web sites to
ensure that the same are understood and met by their clients.
RESELLERS
Resellers and their clients are bound by these same Policies,
Guidelines and Disclaimers. By reselling and purchasing Scarlet's Web LLC services, you hereby agree that Scarlet's Web LLC shall not be held
liable for any promises or failure of same that Reseller's extend
to their clients, including but not limited to, quality of
service, financial obligations, financial losses or any other
claim NOT provided to Reseller in writing by Scarlet's Web LLC. It is
the legal duty and obligation of the Reseller to provide these
policies and guidelines to its client(s).
TRAFFIC RESTRICTIONS
Our packages are all designed to allow for bandwidth maximums,
each dependent upon the package that you have chosen for your
domain. None of our packages come with unlimited bandwidth.
When your site/s exceed bandwidth parameters, we must monitor
bandwidth usage and adjust your billing histories accordingly. The
fee for excess bandwidth varies.
UNACCEPTABLE ACTIVITIES
These 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 Scarlet's Web LLC by spamming from some other source),
trolling (posting controversial messages in newsgroups to generate
responses), mailbombing (inundating a user with email without any
serious intent to correspond), generating a higher volume of
outgoing mail than a normal user (5% or more 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
distributed unsolicited email. Any customer repeatedly "mailbombed"
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.
We also do not allow sites selling spamware.
AGE
The client must be 18 years of age to obtain our service.
Abuse of the rights of others (legal, philosophical,
otherwise)
Examples of unacceptable activities in this regard include, but
are not limited to:
- posting private information about a person without their
consent
- defaming a person or business
- claim a relationship with or to speak for any business,
association, institution or other organization for which you
are not authorized to claim such a relationship
- post, transmit, or knowingly making available any
information, software or other material which contains a virus
or other harmful component which will have a deleterious
effect on third party computers
- post or transmit any information, software, or other
material which violates or infringes upon the rights of
others, including material which is an invasion of privacy or
publicity rights or which is protected by copyright, trademark
or other proprietary right, or derivative works with respect
thereto, without first obtaining permission from the owner or
right holder.
You get the idea...
Scarlet's Web LLC supports free speech on the Internet, and will
not suspend or cancel a customer's account simply because we
disagree with the views expressed by you, the customer. Where
there are allegations that a customer's on-line activity has
violated the legal rights of a third party, Scarlet's Web LLC will not
substitute itself for a court of law in deciding tort claims
raised by the third party.
Abuse of the law
Scarlet's Web LLC'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. Scarlet's Web LLC 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.
Sex Merchandising
Pornography and sex-related merchandising, or links to such
material, even if legal, is not an acceptable use of Scarlet's Web LLC's
servers.
Abuse of Server Resources
Running programs in the background on a Scarlet's Web LLC's server
without Scarlet's Web LLC's prior written authorization, or running
chat rooms, Internet Relay Chat, IRC bots, and the like are not
acceptable uses of Scarlet's Web LLC's servers. Further, any
continued 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 twenty percent (20%) of system resources,
you will be contacted and asked to eliminate the problem. In
addition, any domain that exceeds ten gigabytes of bandwidth
traffic can be terminated without prior notice.
Hacking/Cracking/Sniffing/Snooping
Scarlet's Web LLC reserves the right to report illegal activities to
any and all regulatory, administrative, and/or governmental
authorities for prosecution.
OTHER BEHAVIOR
The following examples of unacceptable behavior are non-exclusive,
and are provided for guidance purposes. Please contact us prior to
engaging in any activity that may be a violation of our policies
if you are unsure.
Server broadcast messages or any message sent on an intrusive
basis to any directly or indirectly attached network Attempt 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. 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. Use of Scarlet's Web LLC'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 Scarlet's Web LLC to provide this knowledge or
support outside matter specific to Scarlet's Web LLC's servers.
The client agrees that unless advanced notice of termination is
giving in writing by client (email with a confirmation reply is
acceptable), the hosting term automatically renews upon expiration
for the same contracted time period. The client agrees to pay
the hosting fee for the renewed time period. If there is a
valid credit card on file for the account, the client agrees to
allow Scarlet's Web LLC to automatically charge the credit card.
If no valid credit card is on file, Scarlet's Web LLC will email an invoice to the account owner's email address on
file.
The client agrees that it is their responsibility to keep all
contact information, including email addresses current and accurate
with Scarlet's Web LLC. We can not be responsible for
correspondence not received because of outdated contact information.
The client agrees that although Scarlet's Web LLC offers domain
name registration with the same system as our hosting orders,
renewals and management of domain names registered through our
system are the client's sole responsibility. Client will be
listed as the administrative contact of the domain name, and will
receive all emails pertaining to said domain name directly.
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 any
information. If loss of data occurs due to an error of Scarlet's Web LLC,
we will attempt to recover the data at no charge. If data loss
occurs due to negligence of client in securing their account or by
an action of the client, Scarlet's Web LLC will attempt to recover the
data from the most recent archive for a $75.00 fee.
IP NUMBERS
Scarlet's Web LLC 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.
MONEY BACK GUARANTEE
Regular Hosting Clients - Should you become dissatisfied with our
services within the first 30 days of your account activation, we
will refund your hosting fee (minus any setup fees paid.)
Reseller's - In the event that you become unsatisfied with our
services within 30 days of your reseller account activation, only
your initial account fees will be refunded. Once you have added a
resold account to your Reseller Plan you will no longer qualify
for the money back guarantee/refund. We can not be HELD LIABLE for
any fees that you charge your clients.
Scarlet's Web LLC does not refund fees which you have paid to
InterNIC.
LIMITATION OF LIABILITY
Scarlet's Web LLC shall not be responsible for any claimed damages,
including incidental and consequential damages, which may arise
from Scarlet's Web LLC's servers going off-line or being unavailable
for any reason whatsoever. Further, Scarlet's Web LLC 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 Scarlet's Web LLC's servers. All damages
shall be limited to the immediate termination of service.
Scarlet's Web LLC shall be the sole arbiter of what is and is not a
violation of these acceptable use policies. Scarlet's Web LLC reserves
the right to terminate an account at any time and for any reason
that causes harm to any Scarlet's Web LLC customer's web sites. Scarlet's Web LLC LLC reserves the right to delete all content and files upon
termination. Scarlet's Web LLC reserves the right to withhold any
pre-paid funds for any site removed for violations of these
policies. Scarlet's Web LLC reserves the right to refuse, cancel,
or suspend service at our sole discretion.
Scarlet's Web LLC reserves the right to change these Policies
without prior notice or warning. Non-enforcement of any part of
these Policies does not constitute consent.
Violations of these Policies should be referred to Scarlet's Web LLC.
All complaints will be investigated promptly and thoroughly.
We thank you for your business. |
