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A Biz Hosting
User Agreement
A Biz Hosting 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 have
been established to ensure these crucial obligations are met.
These Policies, Guidelines, and Disclaimer are intended for all
domains residing on A Biz Hosting servers.
UNLIMITED TRAFFIC RESTRICTIONS:
UNLIMITED TRAFFIC does not apply to any domain account consuming
20% or more of systems resources. Following are a list of sites that
will often require more than 20% of our systems resources: Domains
with archives or galleries, (i.e. .gif, .jpg, .exe, .zip, .tar,
etc.), and domain accounts offering download files.
We are not saying that your web site can not contain such files,
however if at any time they consume 20% or more of our systems
resources you will be contacted to resolve the problem.
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 A Biz Hosting 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@A Biz Hosting.com . We
also do not allow sites selling spamware.
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. A Biz Hosting 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, A Biz Hosting will not substitute itself for a court of law
in deciding tort claims raised by the third party.
Abuse of the law:
A Biz Hosting’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. A Biz Hosting
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 A Biz Hosting’s
servers.
Abuse of A Biz Hosting's Server Resources:
Running programs in the background on a A Biz Hosting’s server
without A Biz Hosting’s prior written authorization, or running chat
rooms, Internet Relay Chat, IRC bots, and the like are not
acceptable uses of A Biz Hosting’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
ten gigabytes of bandwidth traffic can be terminated without prior
notice.
Hacking/Cracking:
A Biz Hosting 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@A Biz Hosting.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 A Biz Hosting'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 A Biz Hosting to provide
this knowledge or support outside matter specific to A Biz Hosting'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 implies, 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 A Biz
Hosting, A Biz Hosting 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, A
Biz Hosting will attempt to recover the data from the most recent
archive for a $50.00 fee.
MONEY BACK GUARANTEE:
Regular Hosting Clients - Should you become unsatisfied with our
services within the first 30 days of your account activation, A Biz
Hosting will refund your hosting fee minus your first month.
A Biz Hosting does not refund fees which you have paid for your
domain name(s).
LIMITATION OF LIABILITY:
A Biz Hosting shall not be responsible for any claimed damages,
including incidental and consequential damages, which may arise from
A Biz Hosting’s servers going off-line or being unavailable for any
reason whatsoever. Further, A Biz Hosting 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 A Biz Hosting’s servers. All damages shall be limited to
the immediate termination of service.
A Biz Hosting shall be the sole arbiter of what is and is not a
violation of these acceptable use policies. A Biz Hosting reserves
the right to terminate an account at any time and for any reason
that causes harm to any A Biz Hosting customer's web sites. A Biz
Hosting reserves the right to delete all content and files upon
termination. A Biz Hosting reserves the right to withhold any
pre-paid funds for any site removed for violations of these
policies. A Biz Hosting reserves the right to refuse, cancel, or
suspend service at our sole discretion.
A Biz Hosting 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@A Biz
Hosting.com
All complaints will be investigated promptly.
©2002 A Biz Hosting. All rights Correspondence to: A Biz Hosting,
54 Robbins Ave, Newington, CT 06111
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