Terms of Service and Acceptable Use Policy |
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(TOS) Terms
of Service Agreement
IMPORTANT
NOTICE: *All Payments To
Hosting Lizard (Bella Mia, Inc.) Are
Non-Refundable*
Bella Mia, Inc. ("The Company") agrees to furnish
services to the Subscriber, subject to the
following TOS (Terms of Service).
Use of Hosting Lizard Service constitutes acceptance
and agreement to Hosting Lizard's AUP as well as Hosting Lizard's TOS (Terms of
Service).
All provisions of this contract are subject to the
TOS (Terms of Service) of Bella Mia, Inc. and >AUP
(Acceptable Use Policy).
The AUP may be changed from time to time at the
discretion of the Company. Subscriber understands
that change to the AUP by the Company shall not be
grounds for early contract termination or
non-payment.
This Agreement shall be construed in all respects
in accordance with the laws of the state of
Wisconsin, county of Walworth applicable to
contracts enforceable in that state. Venue will be
Walworth County, Wisconsin.
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Disclosure to Law
Enforcement: The
AUP specifically prohibits the use of our
service for illegal activities. Therefore,
Subscriber agrees that the Company may disclose
any and all subscriber information including
assigned IP numbers, account history, account
use, etc. to any law enforcement agent who makes
a written request without further consent or
notification to the Subscriber. In addition
Hosting Lizard shall have the right to terminate
all service set forth in this Agreement.
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Service
Rates: Subscriber
acknowledges that the nature of the service
furnished and the initial rates and charges have
been communicated to Subscriber. Subscriber is
aware that the Company may prospectively change
the specified rates and charges from time to
time. The promotional offer is contingent upon
Company achieving and maintaining its cost of
service goals including but not limited to rates
charged to company by its suppliers.
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Payment: Establishment of this service is
dependent upon receipt by the Company of payment
of stated charges. Subsequent payments are due
on the anniversary date of the month for that
month's service. All accounts and services
provided by Hosting Lizard are subject to the
current tax rate as imposed by the State of
Wisconsin, County of Walworth, which is
currently 5.5%. 100% of the monthly service
charge is subject to the 5.5% tax rate for
Wisconsin State residences and or businesses
only. 100% of the setup fee is subject to the
5.5% tax rate. The above applies to all accounts
and services provided by Hosting Lizard.
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Payments and
Fees: Credit cards
that are declined for any reason are subject to
a $1.00 declination fee. Service will be
interrupted on accounts that reach 15 days past
due. Service interrupted for nonpayment is
subject to a $200 reconnect charge. Accounts not
paid by due date are subject to a .21% finance
charge with minimum charge of $2.50 and a
maximum charge of $999.00. Accounts that are not
collectible by Hosting Lizard may be turned over
to an outside collection agency for collection.
If your account is turned over for collection,
you agree to pay the company a "Processing and
Collection" Fee of not less than $50 nor more
than $150. If you desire to cancel your account,
please follow the proper procedure to do this as
outlined in this TOS.
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Refund and
Disputes: All
payments to Bella Mia, Inc. are nonrefundable.
This includes the one time setup fee and
subsequent charges regardless of usage. All
overcharges or billing disputes must be reported
within 60 days of the time the dispute occurred.
If you dispute a charge to your credit card
issuer that, in Hosting Lizard's sole discretion
is a valid charge under the provisions of the
TOS and /or AUP, you agree to pay Hosting Lizard
an "Administrative Fee" of not less than $50 and
not more than $150.
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Failure to
Pay: The Company may
temporarily deny service or terminate this
Agreement upon the failure of Subscriber to pay
charges when due. Such termination or denial
will not relieve Subscriber of responsibility
for the payment of all accrued charges, plus
reasonable interest and any collection
fees.
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Account
Cancellation:
Requests for canceling accounts may be made in
writing with at least 30 days notice but not
more than 60 days prior written notice and sent
to:
Hosting Lizard Attn: Cancellations
401 Host Drive
Lake Geneva, WI 53147
Or you may call 262-248-6759 or fax the
cancellation request to 262-248-6759.
Hosting Lizard's
preferred method of cancellation is via written
form.
Please include your name, company name, address,
phone number and account name or username. State
the reason and dates for your
cancellation.
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Subscriber acknowledges
that the service provided is of such a nature
that service can be interrupted for many reasons
other than the negligence of the company and
that damages resulting from any interruption of
service are difficult to ascertain. Therefore,
subscriber agrees that the company shall not be
liable for any damages arising from such causes
beyond the direct and exclusive control of the
company. Subscriber further acknowledges that
the company's liability for its own negligence
may not in any event exceed an amount equivalent
to charges payable by subscriber for services
during the period damages occurred. In no event
shall the company be liable for any special or
consequential damages, loss or
injury.
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New Domain
Accounts: All new
webhosting accounts involving new domains will
be set up and entered into our DNS servers
within 3 to 5 business days. Due to unforeseen
complications, however, this process may
sometimes require up to 7 business days. If the
new domain is registered by the account holder,
there will be no handling fee. If the domain is
registered by Bella Mia, Inc. on behalf of the
account holder a handling fee will be
incurred.
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Transfer of
Domains: New
webhosting accounts which involve the transfer
of a domain from another provider to Bella Mia,
Inc. will require a minimum of seven (7) days to
be set up and entered into our DNS servers. In
some cases, such transfers may take up to sixty
(60) days. Due to the unpredictable nature of
the transfer process, no guarantees are made
regarding the amount of time a specific transfer
may take. If the transfer of the domain is done
by Bella Mia, Inc. on behalf of the account
holder a handling fee will be incurred. If the
customer cancels service during the transfer
period for any reason, all charges are
considered earned.
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Support
Boundaries:
Hosting Lizard, provides 24 x 7 email based
technical support to our subscribers (except for
few holidays and short company meetings when we
close our center.) We limit our technical
support to our area of expertise. The following
is our guidelines when providing support:
Hosting Lizard provides support related to your
server or virtual site physical functioning.
Hosting Lizard does not offer tech support for
application specific issues such as cgi
programming, html or any other such issue.
Hosting Lizard does not provide technical support
for YOUR customers. If you can email, we
encourage you to email support@HostingLizard.com for assistance. If you are able to
get online and have other questions, the answers
may be on our home page at http://www.HostingLizard.com/support.php - we encourage you to check there
first. Lastly, the Help files in the program you
are using may have the answer to your question
so please do investigate these resources before
calling tech support.
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SPAM and Unsolicited
Commercial Email (UCE): Hosting Lizard takes a zero tolerance
approach to the sending of Unsolicited
Commercial Email (UCE) or SPAM over our network.
Very simply this means that customers of
Hosting Lizard may not use or permit others to
use our network to transact in UCE. Customers of
Hosting Lizard may not host, or permit hosting
of, sites or information that is advertised by
UCE from other networks. Violations of this
policy carry severe penalties, including
termination of service.
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Violation of
Hosting Lizard's SPAM policy will result in
severe penalties. Upon notification of an
alleged violation of our SPAM policy,
Hosting Lizard will initiate an immediate
investigation (within 48 hours of
notification). During the investigation,
Hosting Lizard may restrict customer access to
the network to prevent further violations. If
a customer is found to be in violation of our
SPAM policy, Hosting Lizard may, at its sole
discretion, restrict, suspend or terminate
customer's account. Further, Hosting Lizard
reserves the right to pursue civil remedies
for any costs associated with the
investigation of a substantiated policy
violation. Hosting Lizard will notify law
enforcement officials if the violation is
believed to be a criminal offense.
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First violations of this
policy will result in an "Administrative Fee"
of $250 and your account will be reviewed for
possible immediate termination. A second
violation will result in an "Administrative
Fee" of $500 and immediate termination of
your account. Users who violate this policy
agree that in addition to these
"Administrative" penalties, they will pay
"Research Fees" not to exceed $175 per hour
that Hosting Lizard personnel must spend to
investigate the matter. PLEASE, DO NOT SPAM
from your account.
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As our Customers are
ultimately responsible for the actions of
their clients over the Hosting Lizard network,
it is advisable that Customers develop a
similar, or stricter, policy for their
clients.
IMPORTANT
NOTICE:
BEGINNING
IMMEDIATELY, anyone
hosting websites or services on their server
that support spammers or cause any of our IP
space to be listed in any of the various Spam
Databases will have their server immediately
removed from our network. The server will not be
reconnected until such time that you agree to
remove ANY and
ALL traces of the offending material
immediately upon reconnection and agree to allow
us access to the server to confirm that all
material has been COMPLETELY
removed. Severe violations may result in
immediate and permanent removal of the server
from our network without notice to the customer.
Any server guilty of a second violation
WILL be immediately and permanently
removed from our network without notice.
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Network
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IP Address
Ownership: If
Hosting Lizard assigns Customer an Internet
Protocol address for Customer's use, the
right to use that Internet Protocol address
shall belong only to Hosting Lizard, and
Customer shall have no right to use that
Internet Protocol address except as permitted
by Hosting Lizard in its sole discretion in
connection with the Services, during the term
of this Agreement. Hosting Lizard shall
maintain and control ownership of all
Internet Protocol numbers and addresses that
may be assigned to Customer by Hosting Lizard,
and Hosting Lizard reserves the right to
change or remove any and all such Internet
Protocol numbers and addresses, in its sole
and absolute discretion. Our allocation of IP
addresses is limited by ARIN's new policies.
These new policies state that use of IP
addresses for IP based virtual hosts will not
be accepted as justification for new IP
addresses. What this means to you is that you
MUST use name-based
hosting where possible. We will periodically review IP
address usage, and if we find that clients
are using IP addresses where name-based
hosting could be used, we will revoke
authorization to use those IP addresses that
could be used with name-based hosting.
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Bandwidth and Disk
Usage: Customer
agrees that bandwidth and disk usage shall
not exceed the number of megabytes per month
for the Services ordered by Customer on the
Order Form (the "Agreed Usage").
Hosting Lizard will monitor Customer's
bandwidth and disk usage. Hosting Lizard shall
have the right to take corrective action if
Customer's bandwidth or disk usage exceeds
the Agreed Usage. Such corrective action may
include the assessment of additional charges,
disconnection or discontinuance of any and
all Services, or termination of this
Agreement, which actions may be taken is in
Hosting Lizard's sole and absolute discretion.
If Hosting Lizard takes any corrective action
under this section, Customer shall not be
entitled to a refund of any fees paid in
advance prior to such action. In the event that a customer
exceeds the included allocation,
Hosting Lizard may, at its sole discretion,
collect a deposit, in an amount determined by
Hosting Lizard, against customer's credit card
on file with Hosting Lizard.
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System and Network
Security: Users
are prohibited from violating or attempting
to violate the security of the Hosting Lizard
Network. Violations of system or network
security may result in civil or criminal
liability. Hosting Lizard will investigate
occurrences, which may involve such
violations and may involve, and cooperate
with, law enforcement authorities in
prosecuting Users who are involved in such
violations. These violations include, without
limitation:
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Accessing data not
intended for such User or logging into a
server or account, which such User is not
authorized to access.
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Attempting to probe,
scan or test the vulnerability of a system
or network or to breach security or
authentication measures without proper
authorization.
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Attempting to interfere
with service to any user, host or network,
including, without limitation, via means
of overloading, "flooding", "mail bombing"
or "crashing".
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Forging any TCP/IP
packet header or any part of the header
information in any e-mail or newsgroup
posting.
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Taking any action in
order to obtain services to which such
User is not entitled.
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Notification of
Violation:
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Hosting Lizard is under no
duty to look at each customer's or user's
activities to determine if a violation of the
>AUP has occurred, nor do we assume any
responsibility through our AUP to monitor or
police Internet-related activities.
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First violation: Any User,
which Hosting Lizard determines to have
violated any element of this >Acceptable
Use Policy, shall
receive an email, warning them of the
violation. The service may be subject at
Hosting Lizard's discretion to a temporary
suspension pending a User's agreement in
writing, to refrain from any further
violations.
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Second Violation: Users
that Hosting Lizard determines to have
committed a second violation of any element
of this Acceptable Use Policy shall be
subject to immediate suspension or
termination of service without further
notice.
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We reserve the right, to
drop the section of IP space involved in Spam
or Denial-of-Service complaints if it is
clear that the offending activity is causing
great harm to parties on the Internet. In
particular, if open relays are on your
network or a customer's network, or if denial
of service attacks are originating from your
network. In certain rare cases, we may have
to do this before attempting to contact you.
If we do this, we will contact you as soon as
is feasible.
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Suspension of Service or
Cancellation:
Hosting Lizard reserves the right to suspend
network access to any customer if in the
judgment of the Hosting Lizard network
administrators the customer's server is the
source or target of the violation of any of the
other terms of the >AUP or for any other reason which
Hosting Lizard chooses. If inappropriate activity
is detected, all accounts of the Customer in
question will be deactivated until an
investigation is complete. Prior notification to
the Customer is not assured. In extreme cases,
law enforcement will be contacted regarding the
activity. The customer will not be credited for
the time the customer's machines were
suspended.
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Hosting Lizard reserves the
right to amend its policies at any time. All
Sub-Networks, resellers and managed servers of
Hosting Lizard must adhere to the above policies.
Failure to follow any term or condition will be
grounds for immediate Cancellation. You will be
held responsible for the actions of your clients
in the matter described on these Terms and
conditions. Therefore, it is in your best
interest to implement a similar or stricter
Terms and conditions or otherwise called
Acceptable Terms of use policy.
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Indemnification: Hosting Lizard wishes to emphasize
that in agreeing to the Hosting Lizard
>Acceptable
Use Policy (AUP) and
Terms of Service (ToS), customer indemnifies
Hosting Lizard for any violation of the
>Acceptable
Use Policy (AUP) and
Terms of Service (ToS) that results in loss to
Hosting Lizard or the bringing of any claim
against Hosting Lizard by any third-party. This
means that if Hosting Lizard is sued because of a
customer's or a customer of a customer's
activity, the customer will pay any damages
awarded against Hosting Lizard, plus all costs
and attorney's fees.
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Miscellaneous
Provisions: You must
provide us with, and keep current, good contact
information for you. E-mail, fax, and telephone
contacts are used, in that order of
preference.
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A waiver by the Company of
any breach of any provision of this Agreement
by Subscriber shall not operate as or be
construed as a continuing or subsequent
waiver thereof or as a waiver of any breach
of any other provision thereof.
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Subscriber shall not
transfer or assign this Agreement without the
prior written consent of the Company. Company
may assign Agreement at anytime without
consent from or notice to Subscriber. Company
reserves right to cancel customers rights
under this contract at anytime without
further obligation.
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Hosting Lizard takes no
responsibility for any material input by
others and not posted to the Hosting Lizard
Network by Hosting Lizard. Hosting Lizard is
not responsible for the content of any other
websites linked to the Hosting Lizard Network;
links are provided as Internet navigation
tools only. Hosting Lizard disclaims any
responsibility for any such inappropriate use
and any liability to any person or party for
any other person or party's violation of this
policy.
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Hosting Lizard is not
responsible for any damages your business may
suffer. Hosting Lizard does not make implied
or written warranties for any of our
services. Hosting Lizard denies any warranty
or merchantability for a specific purpose.
This includes loss of data resulting from
delays, non-deliveries, wrong delivery, and
any and all service interruptions caused by
Hosting Lizard.
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It is absolutely forbidden
to host pornographic content or IRC servers
on Dedicated Server Accounts. Dedicated
Server Accounts found hosting this material
will be subject to immediate cancellation
without refund.
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Responsibility for
Content: You, as
Hosting Lizard's customer, are solely responsible
for the content stored on and served by your
Hosting Lizard server.
- REVISIONS TO THIS
ACCEPTABLE USE POLICY
Hosting Lizard reserves the right
to revise, amend, or modify this AUP, our TOS
(Terms of Service) and our other policies and
agreements at any time and in any manner. Notice of
any revision, amendment, or modification will be
posted in accordance with our TOS (Terms of
Service).
AUP (
Acceptable Use Policy )
Hosting Lizard's (Bella Mia,
Inc.) Acceptable Use Policy ("AUP") is provided to
give our customers and users a clear understanding
of what Hosting Lizard expects of them while using
the service. All users of Hosting Lizard's Internet
services: those who access some of our Services but
do not have accounts, as well as those who pay a
service fee to subscribe to the Services, must
comply with this AUP and our TOS (Terms of
Service).
Use of Hosting Lizard
Service constitutes acceptance and agreement to
Hosting Lizard's AUP as well as Hosting Lizard's TOS
(Terms of Service)
IMPORTANT
NOTICE: *All Payments To
Hosting Lizard (Bella Mia, Inc.) Are
Non-Refundable*
We support the uncensored flow of information and
ideas over the Internet and do not actively monitor
subscriber activity under normal circumstances.
Similarly, we do not exercise editorial control
over the content of any web site, e-mail
transmission, newsgroups, or other material created
or accessible over or through the services, except
for certain proprietary Web sites. However, in
accordance with our TOS (Terms of Service), we may
remove any materials that, in our sole discretion,
may be illegal, may subject us to liability, or
which may violate this AUP. Hosting Lizard may
cooperate with legal authorities and/or third
parties in the investigation of any suspected or
alleged crime or civil wrongdoing. Your violation
of this AUP may result in the suspension or
immediate termination of either your Hosting Lizard
account or other actions as detailed in Section 3
WITHOUT PRIOR
NOTICE.
This document is intended to provide a basic
understand of Hosting Lizard's Acceptable Use
Policy. The following are guidelines for the
establishment and enforcement of Hosting Lizard's
AUP:
- Ensure reliable service to
our customers
- Ensure security and privacy
of our systems and network, as well as the
networks and systems of others
- Comply with existing
laws
- Maintain our reputation as a
responsible service provider
- Encourage responsible use of
the Internet and discourage activities which
reduce the usability and value of Internet
services
- Preserve the value of
Internet resources as a conduit for free
expression and exchange of information
- Preserve the privacy and
security of individual users
Hosting Lizard intends to provide
its customers access to everything the Internet has
to offer. While the Hosting Lizard is firmly
committed to the principles of free speech, certain
activities that may be damaging to the resources of
both the Hosting Lizard and the Internet and cannot
be permitted under the guise of free speech. The
resources of the Hosting Lizard and the Internet are
limited, and abuse of these resources by one user
has a negative impact on the entire community.
We do not routinely monitor the activity of
accounts except for measurements of system
utilization and the preparation of billing records.
However, in our efforts to promote good citizenship
within the Internet community, we will respond
appropriately if we become aware of inappropriate
use of our service.
You may not use your dedicated rack or virtual site
to publish material, which Hosting Lizard.Net
determines, at its sole discretion, to be unlawful,
indecent or objectionable. For purposes of this
policy, "material" refers to all forms of
communications including narrative descriptions,
graphics (including photographs, illustrations,
images, drawings, logos), executable programs,
video recordings, and audio recordings.
If a Hosting Lizard account is used to violate the
Acceptable Use Policy or our TOS, we reserve the
right to terminate your
service without notice.
We prefer to advise customers of inappropriate
behavior and any necessary corrective action,
however, flagrant violations of the Acceptable Use
Policy will result in immediate termination of
service. Our failure to enforce this policy, for
whatever reason, shall not be construed as a waiver
of our right to do so at any time.
As a member of our network community, you must use
your Internet access responsibly. If you have any
questions regarding this policy, please contact us
at abuse@HostingLizard.com.
VIOLATIONS OF
Hosting Lizard ACCEPTABLE USE POLICY
The following constitute violations of this
AUP:
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Illegal
use: Hosting Lizard's
services may not be used for illegal purposes,
or in support of illegal activities.
Hosting Lizard reserves the right to cooperate
with legal authorities and/or injured third
parties in the investigation of any suspected
crime or civil wrongdoing.
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Harm to
minors: Use of the
Hosting Lizard service to harm, or attempt to
harm, minors in any way, including, but not
limited to child pornography.
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Threats: Use of the Hosting Lizard service to
transmit any material (by e-mail, uploading,
posting or otherwise) that threatens or
encourages bodily harm or destruction of
property.
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Harassment:
Use of the Hosting Lizard service to transmit any
material (by e-mail, uploading, posting or
otherwise) that harasses another.
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Fraudulent
activity: Use of
Hosting Lizard service to make fraudulent offers
to sell or buy products, items, or services, or
to advance any type of financial scam such as
"pyramid schemes," "ponzi schemes," and "chain
letters."
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Forgery or
impersonation:
Adding, removing or modifying identifying
network header information in an effort to
deceive or mislead is prohibited. Attempting to
impersonate any person by using forged headers
or other identifying infrmation is prohibited.
The use of anonymous remailers or nicknames does
not constitute impersonation.
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Unsolicited commercial
e-mail / Unsolicited bulk e-mail (SPAM) Use of the Hosting Lizard
service to transmit any unsolicited commercial
or unsolicited bulk e-mail is expressly
prohibited. Violations of this type will result
in the immediate termination of the offending
Hosting Lizard account.
IMPORTANT
NOTICE:
BEGINNING
IMMEDIATELY, anyone
hosting websites or services on their server
that support spammers or cause any of our IP
space to be listed in any of the various Spam
Databases will have their server immediately
removed from our network. The server will not be
reconnected until such time that you agree to
remove ANY and
ALL traces of the offending material
immediately upon reconnection and agree to allow
us access to the server to confirm that all
material has been COMPLETELY
removed. Severe violations may result in
immediate and permanent removal of the server
from our network without notice to the customer.
Any server guilty of a second violation
WILL be immediately and permanently
removed from our network without notice.
- E-mail / News
Bombing: Malicious
intent to impede another person's use of
electronic mail services or news will result in
the immediate termination of the offending
Hosting Lizard account.
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E-mail / Message
Forging: Forging any
message header, in part or whole, of any
electronic transmission, originating or passing
through the Hosting Lizard service is in
violation of this AUP.
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Usenet
SPAMing:
Hosting Lizard has a zero tolerance policy for
the use of its network for the posting of
messages or commercial advertisements, which
violate the rules, regulations, FAQ or charter
of any newsgroups or mailing list. Commercial
messages that are appropriate under the rules of
a newsgroup or mailing list or that are
solicited by the recipients are permitted.
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Unauthorized
access: Use of the
Hosting Lizard service to access, or to attempt
to access, the accounts of others, or to
penetrate, or attempt to penetrate, security
measures of Hosting Lizard's or another entity's
computer software or hardware, electronic
communications system, or telecommunications
system, whether or not the intrusion results in
the corruption or loss of data, is expressly
prohibited and the offending Hosting Lizard
account is subject to immediate termination.
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Copyright or trademark
infringement: Use of
the Hosting Lizard service to transmit any
material (by e-mail, uploading, posting or
otherwise) that infringes any copyright,
trademark, patent, trade secret or other
proprietary rights of any third party,
including, but not limited to, the unauthorized
copying of copyrighted material, the
digitization and distribution of photographs
from magazines, books, or other copyrighted
sources, and the unauthorized transmittal of
copyrighted software.
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Collection of personal
data: Use of the
Hosting Lizard service to collect, or attempt to
collect, personal information about third
parties without their knowledge or consent.
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Network disruptions and
unfriendly activity:
Use of the Hosting Lizard service for any
activity which affects the ability of other
people or systems to use Hosting Lizard Services
or the Internet. This includes "denial of
service" (DOS) attacks against another network
host or individual user. Interference with or
disruption of other network users, services or
equipment is prohibited. It is the Member's
responsibility to ensure that their network is
configured in a secure manner. A Subscriber may
not, through action or inaction, allow others to
use their network for illegal or inappropriate
actions. A Subscriber may not permit their
network, through action or inaction, to be
configured in such a way that gives a third
party the capability to use their network in an
illegal or inappropriate manner. Unauthorized
entry and/or use of another company and/or
individual's computer system will result in
immediate account termination. Hosting Lizard
will not tolerate any subscriber attempting to
access the accounts of others, or penetrate
security measures of other systems, whether or
not the intrusion results in corruption or loss
of data.
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Fraud: Involves a knowing misrepresentation
or misleading statement, writing or activity
made with the intent that the person receiving
it will act upon it.
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Infringement of Copyright,
Patent, Trademark, Trade Secret, or Intellectual
Property Right:
Distribution and/or posting of copyrighted or
the aforementioned infringements will not be
tolerated.
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Distribution of
Viruses: Intentional
distributions of software that attempts to
and/or causes damage, harassment, or annoyance
to persons, data, and/or computer systems are
prohibited. Such an offense will result in the
immediate termination of the offending
account.
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Inappropriate Use of
Software: Use of
software or any device that would facilitate a
continued connection, i.e. pinging, while using
Hosting Lizard services could result in
suspension service.
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Third Party
Accountability:
Hosting Lizard subscribers will be held
responsible and accountable for any activity by
third parties, using their account, that
violates guidelines created within the
Acceptable Use Policy.
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Violation Of Hosting Lizard
Virtual Accounts: It
is absolutely forbidden to host pornographic
content or IRC servers on Virtual Server
Accounts. Virtual Server Accounts found hosting
this material will be subject to immediate
cancellation without refund.
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IRC
networks: It is
absolutely forbidden to host an IRC server that
is part of or connected to another IRC network
or server. Servers found to be connecting to or
part of these networks will be immediately
removed from our network without notice. The
server will not be reconnected to the network
until such time that you agree to completely
remove any and all traces of the irc server, and
agree to let us have access to your server to
confirm that the content has been completely
removed. Any server guilty of a second violation
will result in immediate account
termination.
Security
You are responsible for any misuse of your account,
even if the inappropriate activity was committed by
a friend, family member, guest or employee.
Therefore, you must take steps to ensure that
others do not gain unauthorized access to your
account. In addition, you may not use your account
to breach security of another account or attempt to
gain unauthorized access to another network or
server.
-
Your password provides access
to your account. It is your responsibility to
keep your password secure.
-
Sharing your password and
account access with unauthorized users is
prohibited. You should take care to prevent
others from using your account since you will be
held responsible for such use.
-
Attempting to obtain another
user's account password is strictly prohibited,
and may result in termination of service.
-
You must adopt adequate
security measures to prevent or minimize
unauthorized use of your account.
-
You may not attempt to
circumvent user authentication or security of
any host, network or account. This includes, but
is not limited to, accessing data not intended
for you, logging into or making use of a server
or account you are not expressly authorized to
access, or probing the security of other
networks. Use or distribution of tools designed
for compromising security is prohibited.
Examples of these tools include, but are not
limited to, password guessing programs, cracking
tools or network probing tools.
-
You may not attempt to
interfere with service to any user, host or
network ("denial of service attacks"). This
includes, but is not limited to, "flooding" of
networks, deliberate attempts to overload a
service, and attempts to "crash" a host.
-
Users who violate systems or
network security may incur criminal or civil
liability. Hosting Lizard will cooperate fully
with investigations of violations of systems or
network security at other sites, including
cooperating with law enforcement authorities in
the investigation of suspected criminal
violations.
Network
Performance
Hosting Lizard accounts operate
on shared resources. Excessive use or abuse of
these shared network resources by one customer may
have a negative impact on all other customers.
Misuse of network resources in a manner which
impairs network performance is prohibited by this
policy and may result in termination of your
account.
You are prohibited from excessive consumption of
resources, including CPU time, memory, disk space
and session time. You may not use
resource-intensive programs which negatively impact
other customers or the performances of
Hosting Lizard systems or networks. Hosting Lizard
reserves the right to terminate or limit such
activities.
REPORTING VIOLATIONS OF
Hosting Lizard AUP
Hosting Lizard requests that anyone who believes
that there is a violation of this AUP direct the
information to the Abuse Department at abuse@HostingLizard.com
If available, please provide the following
information:
-
The IP address used to commit
the alleged violation
-
The date and time of the
alleged violation, including the time zone or
offset from GMT
-
Evidence of the alleged
violation
E-mail with full header
information provides all of the above, as do system
log files. Other situations will require different
methods of providing the above information.
Hosting Lizard may take any one or more of the
following actions in response to complaints:
-
Issue written or verbal
warnings
-
Suspend the Member's
newsgroup posting privileges
-
Suspend the Member's
account
-
Terminate the Member's
account
-
Bill the Member for
administrative costs and/or reactivation
charges
-
Bring legal action to enjoin
violations and/or to collect damages, if any,
cause by violations
REVISIONS TO THIS ACCEPTABLE
USE POLICY
Hosting Lizard reserves the right
to revise, amend, or modify this AUP, our TOS
(Terms of Service) and our other policies and
agreements at any time and in any manner. Notice of
any revision, amendment, or modification will be
posted in accordance with our TOS (Terms of
Service).
TOS/AUP Update June 6, 2007 |
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