Homestead,, Beyond the Sidewalk
Reseller Web Hosting Service
Shared Web Hosting ServiceWe are 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 whilst
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. Homestead, Beyond the Sidewalks 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 us immediately.
Illegal Usage
Our 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, and IRC bots.
The subscriber to Homestead, Beyond the Sidewalks service
agrees to indemnify and hold harmless Homestead, Beyond
the Sidewalks from any claims resulting from the use of
the service that damages the subscriber or any other
party.
Homestead, Beyond the Sidewalks will be the sole
arbiter as to what constitutes a violation of this
provision.
Adult Content
Tasteful nude photographs and selling of sex-related merchandising is okay.
This includes sites that may infer sexual content, or links to adult content
elsewhere.
This is prohibited: 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. Homestead, Beyond the Sidewalks shall be the
sole arbiter of what is considered to be a high server
usage level.
Any hosting account deemed to be adversely affecting
the server performance or the network integrity will be
shut down without prior notice.
Chat Rooms
Homestead, Beyond the Sidewalks 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. Homestead, Beyond the Sidewalks does provide a
choice of Java chatrooms which should meet most users'
needs and run without hindering the performance of the
machine of our servers.
Background Running Programs
Homestead, Beyond the Sidewalks does not allow
background Daemons such as IRC bots; eggdrop; BitchX;
XiRCON; and any other program that interferes with
normal server operation.
Backups
Homestead, Beyond the Sidewalks performs regular backups
on all servers to ensure critical files are never lost.
However we is NOT responsible for lost data, time,
income or any other resource due to faulty backups or
non-existent 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 these 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 Homestead, Beyond the
Sidewalks to provide this knowledge or support outside
matter specific to our servers.
UCE (Unsolicited Commerce Email)
- SPAM
Spamming, or the sending of mass unsolicited email,
from or through a our server or using an email address
that is maintained on a Homestead, Beyond the Sidewalks
machine is STRICTLY prohibited. Homestead, Beyond the
Sidewalks 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
our servers 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.
Server Abuse
Any attempts to undermine or cause harm to a Homestead,
Beyond the Sidewalks server or customer of Homestead,
Beyond the Sidewalks is strictly prohibited.
Any sub-networks of Homestead, Beyond the Sidewalks 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
Homestead, Beyond the Sidewalks shared, and reseller
Web Hosting accounts can be used for the purposes of
distributing software and multimedia products.
Multimedia Files
Multimedia files are defined as any graphics, audio,
music, and video files are okay to use on our servers.
Actions Taken by
Homestead,
Beyond the Sidewalks Hosting
The failure by a customer to meet or follow any of
the above policies/terms is grounds for account
deactivation. Homestead, Beyond the Sidewalks will be the
sole arbiter as to what constitutes a violation of the AUP.
Homestead, Beyond the Sidewalks reserves the right to
remove any account without prior notice.
When Homestead, Beyond the Sidewalks becomes aware of
an alleged violation of its AUP, Homestead, Beyond the
Sidewalks will initiate an investigation. During the
investigation, Homestead, Beyond the Sidewalks may
restrict a customer's access in order to prevent further
potentially unauthorized activity. Depending on the
severity of the violation, Homestead, Beyond the Sidewalks
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, Homestead, Beyond the Sidewalks will notify the
appropriate law enforcement authorities of such
violation.
Homestead, Beyond the Sidewalks does not issue credits
for outages incurred through service disablement
resulting from AUP violations.
Homestead, Beyond the Sidewalks customers agree to
indemnify and hold harmless Homestead, Beyond the
Sidewalks from any claims resulting from the use of our
services that damages them or any other party. The
Homestead, Beyond the Sidewalks 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. Homestead, Beyond
the Sidewalks expressly disclaims any representation or
warranty that the Homestead, Beyond the Sidewalks service
will be error-free, secure or uninterrupted. No oral
advice or written information given by Homestead, Beyond
the Sidewalks, its employees, licensors or the like,
will create a warranty; nor may you rely on any such
information or advice. Homestead, Beyond the Sidewalks 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
Homestead, Beyond the Sidewalks 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. Upon doing so, refunds will be given
at our discretion.
Refunds
Any refunds will be in the form of future service and hosting and not cash
unless special arrangements are made.
Domain names that are registered through Homestead, Beyond
the Sidewalks are final and no refunds are given for
correct or incorrect spelling of those domain names
submitted to Homestead, Beyond the Sidewalks.
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