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:: Terms of Service
1.) Account Setup
We will setup your account after we have received payment
and we and/or our payment partner(s) have screened the order(s)
incase of fraud. It is your responsibility to provide us with
an email address which is not @ the domain(s) you are signing
up under. If there is ever an abuse issue or we need to contact
you, the primary email address on file will be used for this
purpose. It is your responsibility to ensure the email address
on file is current or up to date at all times.
2.) Content
All services provided by us may only be used for lawful
purposes. This includes, but not limited to: copyrighted material,
material we judge to be threatening or obscene, pornography.
The laws of the State of Florida, the State of Texas, the
State of North Carolina, and the United States of America
apply.
Use of our services to infringe upon any copyright or trademark
is prohibited. This includes but is not limited to unauthorized
copying of music, books, photographs, or any other copyrighted
work. The offer of sale of any counterfeit merchandise of
a trademark holder will result in the immediate termination
of your account. If you believe that your copyright or trademark
is being infringed upon, please email abuse@601media.net
with the information required. A list of required information
may be found here.
If the request is of a licensing issue, we may require further
documentation.
Examples of unacceptable material include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software /
Warez, ".img" / image hosting only sites that do
not host an actual domain name, Escrow, High-Yield Interest
Programs(HYIP), Bank Debentures, Bank Debenture Trading Programs,
and Prime Banks Programs, lottery sites, muds / rpg's, hate
sites, hacker focused sites/archives/programs.
We reserve the right to refuse service to anyone. Any material
that in our judgment is obscene or threatening is prohibited
and will be removed from our servers with or without notice.
Failure to respond to email from our abuse department within
48 hours may result in the suspension or termination of your
services.
If in doubt regarding the acceptability of your site or service
please contact us and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including
but not limited to child pornography or content perceived
to be child pornography (Lolita):
Any site found to host child pornography or linking to child
pornography will be suspended immediately without notice.
Violations will be reported to the appropriate law enforcement
agency.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited
e-mail, bulk emailing, and spam. "Safe lists" and
"double optin" will be treated as spam. Any user
who sends out spam will have their account terminated without
notice.
Please read www.hostscreamer.net/mailpolicy.htm
for our generalized mail policy.
Sites advertised via SPAM (Spamvertised) may not be hosted
on our servers. This provision includes, but is not limited
to SPAM sent via fax, email, instant messaging, or usenet/newsgroups.
We reserve the right to require changes or disable as necessary
any web site, account, database, or other component that does
not comply with this policy, at its sole discretion. We also
reserve the right to make any such modifications in an emergency
at our sole discretion.
We reserve the right to charge the holder of the account
used to send any unsolicited e-mail a clean up fee. This cost
of the clean up fee is left entirely to the discretion of
601media.net. All rights reserved.
For additional information please read the CAN-SPAM Act of
2003 (Controlling the Assault of Non-Solicited Pornography
and Marketing Act) http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm
4.) PAYMENT TERMS AND CONDITIONS
Hosting is monthly service. You agree to supply appropriate
payment for the services received from us, in advance of the
time period during which such services are provided. You agree
that until and unless you notify 601media.net of your desire
to cancel any or all services received, those services will
be billed on a recurring basis.
a.) PAYMENTS and INVOICING
All accounts are charged on a per domain (e.g. www.mydomain.com)
basis. We bill monthly, quarterly, or yearly on the first
of each month.
All hosting invoices must be paid in full no later than 30
days after the beginning of the hosting period specified on
the invoice.
All other invoices for incidental services must also be paid
no later than 30 days after the invoice date. Examples of
incidental services may include but are not limited to: technical
support time, website updates, software upgrades, SSL certificates,
extra bandwidth allocations. On the 60 day of non-payment
all files associated with your domain hosting will be deleted
off of our server along with your hosting account setup.
b.) INTERRUPTION OF SERVICES
Hosting services will be suspended if a hosting invoice is
not paid in full by the 30th day of the unpaid hosting period.
c.) RESTORATION OF SERVICES
Hosting services that have been suspended will be restored
upon receipt of payment for the current hosting period and
any outstanding invoices for incidental services and prepayment
of the next hosting period and a restoration fee equal to
the current setup fee for the hosting account level.
5.) Backups and Data Loss
Your use of the service is at your sole risk. We are not
responsible for files and data residing on your account. You
agree to take full responsibility for files and data transferred
and to maintain all appropriate backup of files and data stored
on our servers.
6.) Cancellations
Hosting account cancellations MUST be done in writing
via postal mail. Mail cancellation request to: Cancellations,
P.O. Box 15432, Wilmington, NC 28408. All files will be permanently
deleted from the server immediately upon cancellation. You
agree to take full responsibility for backing up your files.
Upon receipt of cancellation request accounts will be deleted
from our servers 1 day after the paid hosting period ends.
Any abuse of our staff in any medium or format will result
in the suspension or termination of your services.
7.) Resource Usage
User may not:
a) Use 25% or more of system resources for longer then 90
seconds. There are numerous activities that could cause such
problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run any type of interactive real-time chat applications
that require server resources. Remotely-hosted services are
fully allowed.
c) Run stand-alone, unattended server-side processes at any
point in time on the server. This includes any and all daemons,
such as IRCD.
d) Run any software that interfaces with an IRC (Internet
Relay Chat) network.
e) Run any bit torrent application, tracker, or client.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life,
battlefield1492, etc
h) Run cron entries with intervals of less than 15 minutes
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This
allowance varies depending on the hosting package you purchase.
Should your account pass the allocated amount we reserve the
right to suspend the account until the start of the next allocation,
suspend the account until more bandwidth is purchased at an
additional fee, suspend the account until you upgrade to a
higher level of package, terminate the account and/or charge
you an additional fee for the overages. Unused transfer in
one month cannot be carried over to the next month.
9.) Price Change
The amount you pay for a hosting plan will never increase
from the date of purchase. We reserve the right to change
prices listed on our site, and the right to adjust the amount
of resources given to plans at any time.
10.) Indemnification
Customer agrees that it shall defend, indemnify, save
and hold us harmless from any and all demands, liabilities,
losses, costs and claims, including reasonable attorney's
fees asserted against us, its agents, its customers, officers
and employees, that may arise or result from any service provided
or performed or agreed to be performed or any product sold
by customer, its agents, employees or assigns. Customer agrees
to defend, indemnify and hold harmless any liabilities
arising out of; (1) any injury to person or property caused
by any products sold or otherwise distributed in connection
with us; (2) any material supplied by customer infringing
or allegedly infringing on the proprietary rights of a third
party; (3) copyright infringement and (4) any defective products
sold to customers from 601media.net's server.
11.) Disclaimer
a) We will not be responsible for any damages your business
may suffer. We make no warranties of any kind, expressed or
implied for services we provide. We disclaim any warranty
or merchantability or fitness for a particular purpose. This
includes loss of data resulting from delays, no deliveries,
wrong delivery, and any and all service interruptions caused
by us and our employees.
b) We may disclose any subscriber information to law enforcement
agencies without further consent or notification to the subscriber
upon lawful request from such agencies. We will cooperate
fully with law enforcement agencies.
12.) Changes to the TOS
We reserve the right to revise policies at any time without
notice.
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