Acceptable Usage Policy ('AUP')

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  Acceptable Usage Policy  
 
  The Server Center is dedicated to providing an all-round top quality service. The terms and conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers while at the same time satisfying our legal and ethical responsibilities.

Failure to follow any term or condition will be grounds for immediate account deactivation without notice. The Server Center will be the sole arbiter as to what constitutes a violation of any of these provisions.

Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension.

To report suspected abuses or any violations of these policies, please contact abuse@theservercenter.net

Illegal Usage

The Server Center servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.  Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots.  The subscriber to The Server Center service agrees to indemnify and hold harmless The Server Center from any claims resulting from the use of the service that damages the subscriber or any other party.

The Server Center will be the sole arbiter as to what constitutes a violation of this provision.

Adult Content

Due to special system and network requirements of adult oriented sites, pornography and sex-related merchandising are prohibited. This includes sites that may infer sexual content, or links 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.

Security

Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Server Resource

Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra (which depends on the resource needed) or reducing the resource used to an acceptable level. The Server Center shall be the sole arbiter of what is considered to be a high server usage level.

CGI/PHP/ASP Scripts

Cgi script sharing with domains not hosted by The Server Center.com is not allowed.  Any cgi-scripts deemed to be adversely affecting the server performance or the network integrity will be shut down without prior notice. See our Script usage policy for more details.

Chat Rooms

The Server Center does not allow clients to install their own chat rooms. Chat rooms tend to be large system hogs and we cannot permit it as an account option. The Server Center does provide a choice of Java chatrooms which should meet most users' needs and run without hindering the performance of the machine or our servers.

Background Running Programs and Cron Jobs


The Server Center does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation.

IRC

The Server Center does not allow IRC or IRC bots to be operated on our servers.

Backups

The Server Center performs daily backups on all servers to ensure critical files are never lost. However The Server Center is NOT responsible for lost data, time, income or any other resource due to faulty backups or non-existant backups.

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. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of The Server Center'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 The Server Center to provide this knowledge or support outside matter specific to The Server Center servers.

UCE (Unsolicited Commerce Email) - SPAM

Spamming, or the sending of mass unsolicited email, from or through The Server Center servers or using an email address that is maintained on a Server Center machine is STRICTLY prohibited. The Server Center will be the sole arbiter as to what constitutes a violation of this provision.  If you engage in any of the foregoing activities using the service of another ISP or IPP, but channeling activities through a Server Center server as a maildrop for responses, you are in violation.  Violators will be assessed a minimum of $200.00 fine and will face an immediate suspension. See our NO SPAM Policy for more details.

Server abuse

Any attempts to undermine or cause harm to a Server Center server or customer of The Server Center is strictly prohibited.

Any sub-networks of The Server Center and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.

Software Distribution

The Server Center's shared Web Hosting accounts are not to be used for the purposes of distributing software and multimedia products.  If you wish to distribute software and/or multimedia files, please contact sales@theservercenter.net for special arrangements.

Multimedia Files

Multimedia files are defined as any graphics, audio, and video files. The Server Center Web Hosting accounts are not to be used for the purposes of distributing and storing an unusual amount of multimedia files.  Any Web site whose disk space usage for storing the multimedia files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be storing an unusual amount of multimedia files.

Database

Any database stored on a Server Center server shall be limited in size to 20% of the total disk space allotted for a particular domain.

Actions Taken by The Server Center

The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. The Server Center will be the sole arbiter as to what constitutes a violation of the AUP. The Server Center reserves the right to remove any account without prior notice.

When The Server Center becomes aware of an alleged violation of its AUP, The Server Center will initiate an investigation. During the investigation, The Server Center may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, The Server Center may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, The Server Center will notify the appropriate law enforcement authorities of such violation.

The Server Center does not issue credits for outages or service interruptions resulting from AUP violations.

The Server Center customers agree to indemnify and hold harmless The Server Center from any claims resulting from the use of our services that damages them or any other party. The The Server Center service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. The Server Center expressly disclaims any representation or warranty that The Server Center service will be error-free, secure or uninterrupted. No oral advice or written information given by The Server Center, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. The Server Center and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Modification

The Server Center reserves the right to add, delete, or modify any provision of this Policy at any time without notice.


Refusal Of Service

We reserve the right to refuse, cancel, or suspend service at our sole discretion.


 
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