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Terms
of Service/Acceptable Use Policy.
Welcome to the place that few dare to travel.
This is the TOS and AUP page COMBINED (Terms
of Service & Acceptable Use Policy).
Also known as: "the little stuff."
The little stuff is big to us when it comes
to our hosting -- but also when it comes
to our lawyers. :) Sorry, it has to be here.
Here you'll discover the DO's & DON'Ts
of What's for Supper Hosting and all that legal jargon.
The sole purpose of these rules is to basically
make sure we can provide the best possible
speeds and stability on our servers, without
compromising our prices and support. SO,
to ensure you, the webmaster, the best possible
service every member of What's for Supper Hosting must
adhere to the following:
Licensed
Software Only. No pirated software,
hacker programs, archives or any such unacceptable
content allowed on any of our sites. PERIOD.
This is illegal and if you're conducting
such business elsewhere, please be aware
of the EULA of each software platform you
are pirating.
All
pornographic
content and sex-related merchandising are
strictly prohibited
on any & all What's for Supper Hosting servers. This
includes, but is not limited to, any sites
that may infer sexual content or links to
adult content elsewhere. What's for Supper Hosting will
be the sole arbiter as to what constitutes
a violation of this provision.
Sites
that promote any illegal activity or present
content that may be damaging to What's for Supper Hosting
servers or any other server on the Internet
(as well as links to such materials) are
all prohibited.
SSH
"Shell" Access Prohibited.
No user on What's for Supper Hosting servers
shall have SSH access. Why? SSH currently
has several vulnerabilities that can harm
servers, and in effect, harm other clients.
Security measures only slow servers down
and do not guarantee full security. As we
are aware that there is no such 'full-security'
server, we have made the decision to ban
such access on our servers for SSH for extra
security and the 'peace-of-mind' of our
current clients.
Bulletin
Boards:
The Ultimate Bulletin
Board (UBB), IkonBoard,
Burning Board
(WBB) & yaBB
are all BANNED
from our servers. Currently
all other BB's are allowed. Why? The mentioned
CGI-BIN boards (even with new PHP components)
require exhaustive resources from our servers
and take speed away from other clients.
To the UBB, IB & YaBB veterans: we are
considering to acquire a special server
(off the What's for Supper Hosting network) for these
types of resources. We hear your cry :)
See, we're not all that bad!
Chat
Rooms: Chat Rooms & top site
scripts are likely to use an unacceptable
amount of resources and are therefore not
allowed on What's for Supper Hosting servers.
phpNuke:
Currently phpNuke has a bad drain on server
resources and therefore is banned from our
servers until further notice. We recommend
its counterpart, PostNuke (also available
from our control panel).
Fantastico!:
On all servers, we have placed the script:
Fantastico!. We are not responsible for
the problems this script may cause. We have
also edited the script to disallow phpNuke
from being installed.
Spamming
is prohibited. Sending unsolicited
bulk and/or commercial messages over the
Internet (known as "spamming")
is strictly prohibited on any and all of
the What's for Supper Hosting servers. The client shall
not use the services for chain letters,
junk mail, spamming, or any use of distribution
lists to any person who has not given prior,
specific permission and authorization to
be included in such a process. Note:
this policy applies to virtual server accounts,
resellers and their resold accounts, dedicated
server customers, and all domains, name
servers and parked domains hosted on the
server. What's for Supper Hosting will be the sole arbiter
as to what constitutes a violation of this
provision and has the right to cancel an
account at time see fit.
Termination
Rights: What's for Supper Hosting reserves the right to
terminate and deactivate any such site from
our servers that, at What's for Supper Hosting's
sole discretion, is deemed to be unacceptable,
undesirable or may damage the reputation
of What's for Supper Hosting.
Content:
All services provided by What's for Supper Hosting may
be used for lawful purposes only. Transmission,
storage, or presentation of any information,
data or material in violation of any United
States Federal, State or City law is prohibited.
This includes, but is not limited to: copyrighted
material, material we judge to be threatening
or obscene or material protected by trade
secret and other statute, and invasion of
privacy. The subscriber agrees to indemnify
and hold harmless What's for Supper Hosting from any and
all claims resulting from the use of the
service which damages the subscriber or
any other party.
Limitation
of Liability: IN NO EVENT SHALL
What's for Supper HOSTING BE LIABLE FOR DAMAGES RESULTING
FROM LOSS OF DATA, PROFITS, USE OF THE What's for Supper
HOSTING SITE OR ANY What's for Supper HOSTING PRODUCTS
OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT,
PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION
WITH THIS AGREEMENT OR IN CONNECTION WITH
ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER.
IN NO EVENT SHALL What's for Supper HOSTING'S CUMULATIVE
LIABILITY EXCEED AN AMOUNT GREATER THAN
FIVE HUNDRED DOLLARS ($500 US).
Disclaimer
of Warranty: The services, the
What's for Supper Hosting site, and also including, but
not limited to: all products and services
displayed or offered on the What's for Supper Hosting
site, and all text, graphics, links and
applications are provided to client on a
'as is' basis and without warranty of any
kind. What's for Supper Hosting disclaims all warranties,
express or implied, with respect to each
of the foregoing, without limitation, any
warranty of merchantability, fitness for
a particular purpose, non-infringement or
arising from a course of dealing. Without
limiting the generality of the foregoing,
What's for Supper Hosting specifically disclaims any warranty
that (1) the services will be uninterrupted
or error-free; (2) defects will be corrected;
(3) there are no viruses or other harmful
components; and (4) the security methods
employed will be sufficient.
Disclosure
of Law Enforcement: This AUP/TOS
specifically prohibits the use of our service
for illegal activities. Therefore, Client
agrees that What's for Supper Hosting may disclose any
and all Client information including IP
numbers, account history, account use, etc.
to any law enforcement agent who makes a
written request without further consent
or notification to the Client. In addition,
What's for Supper Hosting shall have the right to terminate
all service set forth from this agreement.
Payment:
Establishment of this service is
dependant upon receipt by What's for Supper Hosting of
stated charges. Subsequent payments are
due on a reoccurring date that coincides
with the date of signup.
Payments
and Fees: Credit Cards that are declined will be run
through again. In that event you will be notified by email.
Service will be interrupted on accounts that reach five (5)
days past due. Service interrupted for nonpayment is subject
to an additional $5.00 reconnection charge. If you desire to
cancel your account, please follow the proper procedure to do
this as outlined in the "CANCELLATION" section in
this AUP/TOS.
Failure
of Payment: What's for Supper Hosting may temporarily
deny service or terminate this Agreement
upon the failure of the Client to pay charges
when due. Such termination or denial will
not relieve Client of responsibility for
the payment of all accrued charges, plus
any collection fees.
Server
Abuse: Any attempt to undermine
or cause harm to a server, or customer,
of What's for Supper Hosting is strictly prohibited. Such
actions will result
in immediate suspension or even possible
removal of that account. This includes,
but is not limited to: using programs that
consume excessive CPU resources for a prolonged
period of time, allowing the use of mail
services, mail forwarding capabilities,
or auto responders other than for the customer's
own account; resale or subleasing or subletting
(free) use of disk space with an appropriate
reseller agreement use of servers for backup
of files unrelated to the web site of the
account; or resale or remote access to CGI
scripts installed on our servers. In some
cases, a 72 hour notice will proceed an
account sustention, however What's for Supper Hosting
is granted permission to suspend an account
at any time (even within a 72 hour notice).
Operation
of IRC servers or IRC bots will result in
an immediate suspension of service. Not
DNS'ing you domain to our servers, only
using an IP address that we assign is prohibited.
Your site MUST be pointed to our servers.
We will not do IP Hosting! Abuse also includes
any attempts to deliver virus(s) or other
computer programming defects which can or
may result in damage to What's for Supper Hosting or any
third party.
The
end. (Just kidding, keep going... ;)
Systems
Resource Usage: If What's for Supper Hosting discovers
that a customer's web site or scripts are using
an unacceptable amount of a server's resources
including, but not limited to: CPU and Memory
Usage, we may suspend or terminate the customer's
account without notice. On most occasions we
may only suspend/terminate accounts without
notice if the client's site is in question or
is likely to jeopardize the smooth running of
What's for Supper Hosting servers. Typically, What's for Supper Hosting will
email the customer in question, asking them
to reduce the resources they are using.
Bandwidth:
Client may occupy only the amount of disk space
on the What's for Supper Hosting server and utilize no more
than the network bandwidth that is allotted
by What's for Supper Hosting. Additional fees, specified on
the "hosting packages" page will be
charged for exceeding the disk space and/or
bandwidth allowance on your selected plan.
Resellers:
Resellers are responsible for every term listed
on this page. Not only so, but resellers must
also ensure their clients also follow this code
of conduct. Failure to do so, can result in
the suspension of both the violating reseller
client AND the reseller themself. Resellers
may conduct business as they please, of course
in regulation of the law; however resellers
may not give away free accounts
for any new clients for any period of
time. Reason: this attracts clients who have
a high risk of violating our TOS and may jeopardize
your account.
Cancellation:
Cancellation can be made via email to support@whatsforsupper.net.
This must be made by the email from the master
email account on file. Although no notice is
required, and there is no cancellation fee,
all fees paid for service up to the notice of
cancellation are non-refundable. If cancellation
is made within the first 30-days of service,
all hosting fees will be refunded. Accounts
cancelled/terminated by What's for Supper Hosting for violating
our AUP/TOS do not qualify for the 30-day money
back guarantee. For example, if your account
is cancelled due to spamming, you will not be
given any refund. In such a case, it is requested
that you provide a detailed description for
the reason of your cancellation.
Suspension:
Activity which results in a suspension or deactivation
of an account will result in a forfeiture of
fees paid. Complaints made regarding abuses
of an account will be grounds for suspension.
Refusal
of Service: We reserve the right to refuse,
cancel, or suspend service at our sole discretion.
All sub-networks, distributive hosting sites,
and dedicated servers of What's for Supper Hosting must adhere
to the above policies. Please direct
any reports of violations of the above policies
to support@whatsforsupper.net.
Failure
to follow any term or condition will be grounds
for immediate account deactivation. What's for Supper Hosting
does reserve the right to update this AUP/TOS
at any time.
And whatever you do, please don't drink &
drive (Just some friendly advise).
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