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AMS 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 AMS 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.
RESELLER'S:
Resellers and their clients are bound by these same Policies, Guidelines and
Disclaimers. By reselling and purchasing AMS services, you hereby agree that
AtomHost 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. It is the legal duty and
obligation of the Reseller to provide these policies and guidelines to its
client(s).
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 AMS 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 (20% 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
abuse@4ua.com.
Age. The client must be 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. AMS 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 customer's
on-line activity has violated the legal rights of a third party, AMS will
not substitute itself for a court of law in deciding tort claims raised by
the third party.
Abuse of the law:
AMS'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. AMS 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 AMS's servers.
Abuse of AMS's Server Resources:
Running programs in the background on a AMS's server without AMS's prior
written authorization, or running chat rooms, Internet Relay Chat, IRC
bots, and the like are not acceptable uses of AMS's servers. Further, any
usage of twenty percent (20%) 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 50 gigabytes of
bandwidth traffic can be terminated without prior notice.
Hacking/Cracking:
AMS 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. If you are unsure if your actions will be a
violation of our policies please ask abuse@4ua.com
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 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. Use of AMS'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 AMS to
provide this knowledge or support outside matter specific to AMS's servers.
BACKUPS:
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 AMS, AMS
will attempt to recover the date for no charge to the client. If data loss
occurs due to negligence of client in securing their account or by an
action of the client, AMS will attempt to recover the data from the most
recent archive.
IP NUMBERS:
AMS 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 unsatisfied with our services
within the first 30 days of your account activation, AMS will refund your
hosting fee.
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.
AMS does not refund fees which you have paid to register your domain name.
LIMITATION OF LIABILITY:
AtomHost shall not be responsible for any claimed damages, including
incidental and consequential damages, which may arise from AMS's servers
going off-line or being unavailable for any reason whatsoever. Further, AMS
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 AMS's servers. All damages shall be limited to the
immediate termination of service.
AMS shall be the sole arbiter of what is and is not a violation of these
acceptable use policies. AMS reserves the right to terminate an account at
any time and for any reason that causes harm to any AMS customer's web
sites. AMS reserves the right to delete all content and files upon
termination. AMS reserves the right to withhold any pre-paid funds for any
site removed for violations of these policies. AtomHost reserves the right
to refuse, cancel, or suspend service at our sole discretion.
AMS 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 abuse@4ua.com
All complaints will be investigated promptly.
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