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As a high-quality Web
Hosting provider to thousands of customers, JavaPie values its good
reputation. Accordingly, it is important to us that our customers use
our services and the Internet in general, responsibly and courteously.
Most of our customers do so and seldom need to refer to these
Acceptable Use Policy’s. Nonetheless, the following constitute
examples of unacceptable uses of JavaPie's services, which will result
in suspension or termination of the customer's account without warning.
Spamming
Unacceptable activities 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 JavaPie 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 (over 10% 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
distribute 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@JavaPie.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. JavaPie 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, JavaPie will not substitute itself
for a court of law in deciding tort claims raised by the third party.
Abuse
of the law
JavaPie'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. JavaPie 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 JavaPie's servers.
Abuse
of JavaPie's Server Resources
Running programs in the background on a JavaPie's server without
JavaPie's prior written authorization, or running chat rooms, Internet
Relay Chat, IRC bots, more then 1000 emails a day and the like are not
acceptable uses of JavaPie's servers. Further, any 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 ten percent
(10%) of system resources, your account may be terminated immediately
and without prior notice. In addition any domain that exceeds ten
gigabytes of bandwidth traffic can be terminated without prior notice.
JavaPie can set an additional domain name to be pointed to your site's
IP address for a one time $5 setup fee. Usage of scripts or other
utilities to direct pointed domain names to subdirectories is not
permitted and is grounds for termination of the account.
Hacking/Cracking
JavaPie reserves the right to report illegal activities to any and all
regulatory, administrative, and/or governmental authorities for
prosecution.
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 contact abuse@JavaPie.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. 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 JavaPie'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 JavaPie to provide this knowledge or
support outside matter specific to JavaPie's servers.
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 JavaPie, JavaPie 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, JavaPie will attempt to recover the data from the most
recent archive for a $50.00 fee.
IP numbers
JavaPie 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,
JavaPie will refund your hosting fee.
Individual 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.
JavaPie does not refund fees which you have paid to InterNIC
Limitation
of Liability
JavaPie shall not be responsible for any claimed damages, including
incidental and consequential damages, which may arise from JavaPie's
servers going off-line or being unavailable for any reason whatsoever.
Further, JavaPie 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 JavaPie's servers.
All damages shall be limited to the immediate termination of service.
JavaPie shall be the
sole arbiter of what is and is not a violation of these acceptable use
policies. JavaPie reserves the right to terminate an account at any
time and for any reason that causes harm to any JavaPie customer's web
sites. JavaPie reserves the right to delete all content and files upon
termination. JavaPie reserves the right to withhold any pre-paid funds
for any site removed for violations of these policies. JavaPie
reserves the right to refuse, cancel, or suspend service at our sole
discretion.
JavaPie reserves the
right to change the Acceptable Use Policy without prior notice or
warning. Non-enforcement of any part of the Acceptable Use Policy does
not constitute consent.
Violations of these
Acceptable Uses Policies should be referred to abuse@JavaPie.com
All complaints will
be investigated promptly.
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