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Acceptable Use:
When paying by Credit card, Paypal,
Western Union Cash, Check or Money order, your payment
cycle begins on the day we receive your first payment
via the U.S. Mail (the same time your account is activated).
We will then send you an e-mail invoice one week before
the time payment for your account is due. We must receive
payment on or before your due date. If we do not receive
payment, your account will be placed on 'hold' for two
weeks to allow sufficient time for you to send the payment.
If after this time we do not hear from you, your account
and all its contents will be removed from our server
Termination of Service:
Customer reserves the right to cancel service with Provider
at any time during a billing term. No charges will ever
be refunded resulting from a cancellation unless request
is sent within the first 48 hours that service has been
active. After the first day of having the account active,
cancellations will occur at the end of the current billing
cycle. A refund of your initial setup fee will only
be given on special circumstances. Provider reserves
the right to terminate all services to any customer
with an account should any such account become delinquent
and are not paid by the billing due date. Customer understands
that Provider reserves the right to terminate any account
for any reason or for no reason and at any time. Abusive
actions from the Customer will result in immediate termination
without warning. Customer understands and agrees that
no prepaid charges are refundable in the event of such
termination. Customer understands that upon termination
of webhosting or domain hosting service, provider reserves
complete rights and ownership to a domain name that
was registered by Provider at time of initial setup
until full contract with the Domain's Registrar is completed
(2 years). An early-termination fee of $50.00 USD will
be applied for any domain names which Provider must
transfer to Customer in the event of service cancellation
or policy violation. Domain names registered and paid
by the Customer are not subject to this policy. Provider
is in no manner responsible for the content or effect
of any matter or information transmitted or accessed
through the services, nor shall Provider bear any responsibility
for the accuracy, completeness, legality or effect of
any such matter or information or the result of its
access or use. After service termination, no data from
your account can be retrieved.
Passwords:
The Customer will select an username
and confidential password
for Customer's exclusive use. The password
is not to be shared with any person other than the purchasing
customer. The Customer account is intended to be a single-user
account. The Customer understands that Provider is not
liable if Customer's username and/or password is compromised.
Further, the Customer is expected to maintain a secure
password consisting of no known word or phrase and using
numbers, letters, and (optionally) certain special characters.
Hence, the Customer may be held liable for any actions
taken by an individual or group who have obtained/guessed
the Customer's password and used it to access his account.
Under no circumstances is Provider liable for the actions
taken by a compromised account. The Customer understands
that Provider does not maintain a record of existing
passwords. If the Customer forgets his/her password,
the only recourse will be for Provider to issue a new
password upon verification of the Customer's identity.
This verification process may include confirmation of
the last 4-digits of the credit card used to order service,
check number of your last payment, or having the newly
generated password emailed to the address we have on
record for your account. If you need your password changed,
please contact the Root Administrator admin@linuxbots.com
ILLegal Use of Account:
Provider services and accounts may only be used for
lawful purposes. Use of a Provider account or service
in an illegal manner is grounds for immediate termination.
Customer agrees to hold harmless and indemnify Provider
against any claims or charges that arise from Customer's
use of Provider services and/or accounts. Use of a Provider
account to gain passwords, encryption codes, or other
security information of Provider or other sites on any
computer network is grounds for immediate termination
and, if illegal, will be reported to the proper authorities.
Use of a Provider account to break into a Provider or
other site's machine is also grounds for immediate termination
and will be reported to the affected site and the proper
authorities.
Email:
While Provider does not in any
way monitor the content of any Customer's e-mail, postings,
downloads, etc., the Customer acknowledges that Provider
has the right to monitor user activity if said activity
is adversely impacting Provider services and/or another
site. Provider will not, however, intentionally disclose
user activity to another site or entity unless required
by court order, subpoena, or other legal force. Provider
reserves the right to move, delete, or reduce the Customer's
mailbox if said mailbox has reached a size that is adversely
affecting system performance. Further, Customer acknowledges
that Provider has the right to kill any mail processes
being run by the Customer that are adversely affecting
system performance. In these and all instances of system
performance being affected, Provider is the sole judge
of what is adverse.
Shell Accounts:
Customer agrees not to store,
send, or download any illegal files, documents, or applications
from Provider. Customer also agrees not to have bots
or clients present in an IRC channel in which these
actions are being performed. This includes, but is not
limited to, commercial software (‘warez’), licensed
music files (‘mp3’), copyrighted movies (‘vcds’), or
pornography (‘porn’). Failure to comply with these terms
may result in legal consequences, account termination/suspension,
or deletion of the files and/or your account. Launching
IRC bots (if applicable) on an IRC channel that is takenover,
or channel without any ops with the intent to prevent
ownership or hold illegal ownership of a channel that
was takenover is grounds for account termination. Using
your account to provoke an attack, or to participate
in the unwanted ownership change in a channel is also
strictly prohibited. You are responsible for your bots,
by linking to a botnet, you are taking full responsibility
for the other botnet owners' actions. Putting IRC bots
(if applicable) on an IRC server that does NOT allow
them or running more than the specified amount per IRC
network is grounds for account deletion or account contents
deletion. You are required to follow and adhere to the
IRC server's rules. Running not approved background/foreground
processes which hog cpu/bandwidth such as, but not limited
to, "ShoutCast" Servers or other Streaming Media, IRCDs
on non-IRCD accounts, IRCD Services or XDCC bots. More
than 2 connections to any "bnc" process is grounds for
suspension. Maximum of 2 bncs can be run per login.
Attempting to access the accounts of others, probing
for security holes, or attempting to penetrate security
measures of Provider's or other entities' systems ("hacking"),
whether or not the attempt results in an intrusion,
corruption, or loss of data is grounds for legal action
and immediate account termination. Certain "tools" used
for malicious purposes include: Probing or Scanning
tools, such as "nmap", "strobe". Exploits or Malicious
Code (remotely or locally). or Denial of Service, such
as "smurf", "fraggle", "udpflood" are also prohibited.
Storing or executing these types of files on your account
is grounds for termination.
Security:
Information transmitted over the Internet and/or other
computer networks is generally not considered to be
secure. While Provider respects the privacy of our customers,
the Customer understands that there is no guaranteed
privacy on the Internet. Provider cannot be liable or
responsible for any viewing or interception of Customer's
e-mail, downloads, news, etc., by other customers or
individuals at Provider or on any network. The Customer
also acknolwedges that although network and server backups
are performed regularly as a courtesy, Provider cannot
be liable or responsible for any loss of data, or for
any security holes in Customer applications. We are
not responsible for any problems regarding Paypal payments,
althought we have not yet encountered any.
Service Quality:
Provider makes no warranty of its service and availability,
and Customer understands and agrees that Provider's
services may be terminated or discontinued at any time
and without notice with no liability on the part of
Provider and no responsibility for refunding any prepaid
charges. While a good faith effort will be made to restrict
any and all downtime to scheduled maintenance periods,
no guarantees or representations are made as to any
account, data, or service offered or stored by Provider.
In addition, Provider makes no warranty of Customer
transmissions, connections, downloads, etc. Further,
Provider is not responsible for, nor guarantees access
to any third-party network, service, or website which
the Provider does not own or administer. Provider may
remove certain services or features should they been
deemed harmful to Provider's systems and/or network.
Customer is solely responsible for any losses, damages,
or expenses related to service failure, whether caused
by Provider or a Customer, and agrees that Provider
shall not be liable for any or all of same, even if
caused by Provider's own negligence. The Customer agrees
to indemnify and hold Provider wholly harmless from
and against any and all liabilities that may arise as
a result of the failure of services, equipment or software
of Provider, with the exception of willful misconduct
or omissions of Provider.
Miscellaneous:
Provider reserves the right to change this agreement
at any time without notice. Changes will be posted to
this website, and Customer is responsible for reviewing
these provisions often. By using any Provider services,
the Customer agrees that he or she has read and understands
these terms and conditions and agrees to be bound by
them. By making use of an Provider account or service,
the Customer certifies to Provider that he or she is
eighteen (18) years of age or older. If the Customer
allows an individual under eighteen years of age to
access the Internet from Customer's Provider account,
Customer takes full responsibility for the minor's access
to any information that might be viewed as unsuitable.
Customer agrees to hold harmless and indemnify Provider
for any claims or charges that arise from said minor's
use of service. Customer acknowledges that the Internet
contains some information that may be deemed offensive,
obscene, or adult in nature. Customer accesses such
information at his or her own risk, and understands
that Provider has no way to limit access to this type
of material located on the servers of other providers.
Customer understands that Provider reserves the right
to remove from its servers any material that Provider
management deems to be objectionable in Provider's sole
discretion. Customer will be notified by e-mail at the
time the material is removed. Portrayal of objectionable
material on Provider servers will be grounds for termination
of the user account. The Customer agrees to take responsibility
for any accesses, retrieval, and/or storage of any and
all information available to Customer from his/her Provider
account. The Customer indemnifies Provider against any
and all claims or charges relating to the information
Customer can or does access while using his/her Provider
account.Personal home page areas may not be used for
commercial or organizational purposes unless Provider
gives prior authorization. Commercial and Organizational
purposes are defined as being any type of advertising
for profit. Nonprofit organizations such as public schools,
churches, etc. are not included in this definition.
Customer shall not intentionally allow unauthorized
connections to Provider, or unauthorized reselling of
Provider services, nor shall Customer in any way duplicate
any Provider materials, advertising, brochures, pamphlets
and the like or any other information which is proprietary
to Provider. Provider reserves the right to direct a
customer to remove any program, process, or technique
from a Web site that causes excessive utilization of
Provider bandwidth or resources, or which Provider deems
offensive for any reason in Provider's sole discretion.
Should any violations within these Terms of Service
require corrective action on the part of Provider, the
Customer will be held liable for all costs associated
with such action.
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