AccuFind Internet Services, Inc.
Terms and Conditions
Effective October
30, 1996
Open Acceptable Use Policies And Terms and Conditions in Adobe Acrobat
- Agreement.
This is an agreement between you and AccuFind Internet Services regarding
your use of AccuFind's computer, interactive information, communication
and transaction service allowing access to the Internet, bulletin boards,
private networks and other communications services (the "AccuFind Service").
This agreement governs the terms and conditions under which AccuFind
makes the AccuFind Service available to individual consumers through
a personal computer or similar access device and a communications connection
(such as modem, telephone line, or other telecommunications connection),
or to individual consumers or small businesses in connection with the
"AccuFind Internet Services" Web hosting or similar service. Under
this agreement, you must comply with AccuFind's then-current "Acceptable
Use Policy," as updated from time to time by AccuFind. which can be
viewed at http://www.accufind.com/products/policies/index.cfm#policy
which is incorporated in this agreement by reference.
- Amendment.
AccuFind may modify this agreement or the Acceptable Use Policy at
any time in its sole discretion. Any modification is effective immediately
upon either a posting on the AccuFind Home Page, currently located
at URL: "http://www.accufind.com/products/policies/" , or by a message
from AccuFind sent by electronic mail, or by conventional mail. If
any modification to this agreement is unacceptable to you, you may immediately
terminate your subscription as provided in Section 19 below. However,
if you do not terminate your registration, or continue to use the AccuFind
Service, following notice of any modification to this agreement, your
continued use will mean that you have accepted that modification.
- Use of the Service.
Under the terms of this agreement, you may only use the AccuFind Service
through the number of communication channels for which you have purchased
service. You may not connect to the AccuFind Service through more than
one telecommunications connection at any given time.
- Disclaimer.
The AccuFind 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. AccuFind EXPRESSLY DISCLAIMS ANY REPRESENTATION
OR WARRANTY THAT THE AccuFind SERVICE WILL BE ERROR-FREE, SECURE OR
UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY AccuFind,
ITS EMPLOYEES, LICENSORS OR THE LIKE, WILL CREATE A WARRANTY; NOR MAY
YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this Section
will survive any termination of this agreement.
- Information
and Products. You acknowledge that except for information products
or services clearly identified as being supplied by AccuFind, neither
AccuFind nor any of its suppliers, licensor, or affiliates ("Affiliates")
operates or controls any information, products or services accessible
through the AccuFind Service in any way and that, except for such AccuFind
identified information, services or products, all merchandise, information
and services offered or made available or accessible through the AccuFind
Service are offered or made available or accessible by third parties
who are not affiliated with AccuFind or its Affiliates. YOU ACKNOWLEDGE
THAT USE OF THE AccuFind SERVICE IS AT YOUR SOLE RISK AND YOU AGREE
THAT ANY INFORMATION, SERVICE OR PRODUCT ACCESSIBLE THROUGH THE SERVICE
IS WITHOUT WARRANTIES OF ANY KIND BY AccuFind AND ITS AFFILIATES, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The terms of
this Section will survive any termination of this agreement.
- Commerce on
the Web. Through your uses of the AccuFind Service, you may have
opportunities to order and purchase merchandise or services from other
subscribers to the AccuFind service and users of other communications
outlets such as the Internet. You further acknowledge that all transactions
relating to merchandise or services offered by you through the AccuFind
service, including but not limited to the purchase terms, payment terms,
warrantees, guarantees, maintenance and delivery terms for such transactions
are agreed to solely between you and third party purchasers. AccuFind
and its affiliates make no warranties or representations whatsoever
with respect to your goods and services, or with respect to the qualifications
of any third party purchaser.
- LIMITATION OF
LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL AccuFind,
OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO
USE THE AccuFind SERVICE, including but not limited to reliance on
any information obtained on the AccuFind Service; or that result from
mistakes, omissions, interruptions, deletion of files or e-mail, loss
of or damage to data, errors, defects, viruses, delays in operation,
or transmission, or any failure of performance, whether or not limited
to acts of God, communications failure, theft, destruction or unauthorized
access to AccuFind's records, programs or services. YOU HEREBY ACKNOWLEDGE
THAT THIS PROVISION WILL APPLY WHETHER OR NOT AccuFind IS GIVEN NOTICE
OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY
TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM AccuFind OR
ITS AFFILIATES. The terms of this Section will survive any termination
of this agreement.
- Charges.
You are responsible for all charges (for example, telephone, dial-up
or ADSL or ISDN charges) associated with connecting to the AccuFind
Service. You are responsible for obtaining or providing all telephone
access lines, telephone and computer equipment (including modem), or
other access device, necessary to access the AccuFind Service. You
are responsible for all activities and charges resulting from use of
your principal account on the AccuFind Service. You agree to pay AccuFind
the then-current monthly charges for the AccuFind Service, along with
any applicable taxes and other charges incurred by you or other users
of your account via valid credit or other agreed upon method of payment.
You may find information regarding current rates for using the AccuFind
Service by calling (610) 759-5456, or by viewing AccuFind's home page
at http://www.accufind.com under the section designating the service
you have chosen. The Acceptable Use Policy may contain additional charges
for particular services. Customer agrees that AccuFind may pre-charge
Customer's monthly service fee to the credit card supplied by customer
during registration. If AccuFind does not receive the full amount of
Customer's AccuFind Service account balance within 30 days of the invoice
date or billing date, the lesser of an additional 1.5%, or the highest
percentage allowed by law, of the outstanding balance may be added to
your bill as a late charge each month and will be due and payable immediately.
The specific service you have chosen may offer you the choice of additional
payment terms, including without limitation pre-payment terms. In the event that
there is a question regarding past charges, AccuFind will review and remit any overcharges
back to customer within a 2 month period of time. AccuFind will not research or refund charges
in excess of two months from the date of the request.
Any account balance that remains unpaid for a period of 45 days, will be suspended.
Reasonable attempts will be made to contact the customer by phone and email prior to this action taking place.
Re-activating an account will incur additional setup fees and payment of the current balance in full.
This will also affect your credit with AccuFind Internet Services.
AccuFind reserves the right to increase fees, surcharges, monthly subscription
fees or to institute new fees at any time upon 30 days prior notice.
AccuFind may reduce any fees at any time without notice. In the event
that your account is terminated or canceled, on-line time credited to
your account is not convertible to cash or other form of credit.
- Personal Information.
You hereby certify to AccuFind that you are not a minor. (A minor's
parent or legal guardian may authorize a minor to use his/her account(s)
under supervision by the parent or guardian). For purposes of identification,
billing and marketing, you must provide AccuFind with accurate, complete,
and updated information required by the registration to the AccuFind
Service, including your legal name, address, telephone number(s), and
applicable payment data (for example, a credit card number and expiration
date). You must notify AccuFind within 30 days of any changes in your
Member Registration Data. AccuFind may require a copy of a state issued
form of identification before making changes to the billing information
or registration data on a Customer's account.
- Accounts and
Passwords. This agreement applies to all accounts, sub-accounts,
alternative account names associated with your principal account. You
are responsible for the use of each of your accounts, whether used under
any name or by any person, and for ensuring full compliance with this
agreement by all users of that account. A AccuFind Service account
may not be transferred without prior written approval from AccuFind.
You are responsible for maintaining the confidentiality of your passwords.
In the event of a breach of security through your account, you will
be liable for any unauthorized use of the AccuFind Service until you
notify AccuFind customer service at (610) 759-5456.
- OFFENSIVE MATERIAL.
YOU UNDERSTAND THAT INFORMATION AVAILABLE TO YOU THROUGH THE AccuFind
SERVICE MAY INCLUDE MATERIALS THAT ARE UNEDITED, SEXUALLY EXPLICIT OR
OFFENSIVE TO YOU AND THAT YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN
RISK. AccuFind AND ITS AFFILIATES HEREBY DISCLAIM ANY RESPONSIBILITY
FOR OR CONTROL OVER SUCH MATERIALS.
- At-Will Termination.
This agreement will become effective on the date AccuFind receives
your first payment, and will remain in effect billing-month-to-billing-month
unless terminated by either party pursuant to this agreement. AccuFind
may immediately restrict, suspend or terminate without notice, your
access to and use of the AccuFind Service upon any breach of this agreement,
include the then-current Acceptable Use Policy. AccuFind may also terminate
the agreement at any time for any reason or no reason, upon 10 days'
prior notice. In the event of any termination for breach of this agreement,
you may not establish a new subscription with AccuFind for one year
from the date of termination. Upon and after termination, AccuFind
will not be obligated to provide you with access to any stored e-mail
or content related to your account. Your only right with respect to
any dissatisfaction with any terms, rules, policies, guidelines, or
practices of AccuFind in operating the AccuFind Service, any change
in the content of the AccuFind Service, or any change in the amount
or type of fees charged in connection with the AccuFind Service, is
to terminate this agreement by delivering notice to AccuFind, effective
the day AccuFind receives notification of termination.
- IP Addresses.
If AccuFind assigns you an Internet Protocol address for your use of
the AccuFind Service, the right to use that Internet Protocol address
will belong only to AccuFind, and you will have no right to use that
Internet Protocol address except as allowed by AccuFind in its sole
discretion in connection with the plan you have selected, during the
term of this agreement.
- Electronic Mail.
AccuFind may, but is not obligated to, block any incoming or outgoing
e-mail message that AccuFind determines, in its sole discretion, is
unsolicited or otherwise violates the then-current Acceptable Use Policy.
AccuFind shall not be responsible for lost, misdirected or undeliverable
e-mail
- Indemnity.
Upon request of AccuFind, you shall defend, indemnify and hold harmless
AccuFind, its officers, directors, employees, agents and licensees,
from any claims, losses, damages, expenses, and fees including without
limitation reasonable attorneys fees, arising out of or relating to
your use of the AccuFind Service, including without limitation any
violation by you of AccuFind's Acceptable Use Policy. The terms of
this Section will survive any termination of this agreement.
- Entire Agreement.
This agreement constitutes the entire agreement between you and AccuFind
with respect to the AccuFind Service and supersedes all prior agreements
between you and AccuFind. AccuFind's failure to enforce any provision
of this agreement will not be construed as a waiver of any provision
or right. In the event that a portion of this agreement is held unenforceable,
the unenforceable portion will be construed in accordance with applicable
law as nearly as possible to reflect the original intentions of the
parties, and the remainder of the provisions will remain in full force
and effect.
- Assignment and
Resale. You may not resell the AccuFind Service to any other party.
You may not assign this agreement or any of its rights or obligations
without the prior written consent of AccuFind, and any such attempted
assignment will be void. Subject to the above, this agreement will be
binding upon the parties' respective successors and permitted assigns.
- Notices.
Any notices in connection with this agreement must be sent to each party
as follows: if to AccuFind: AccuFind Internet Services, Inc. 196 West
Moorestown Road Wind Gap Pennsylvania 18091 admin@accufind.com; if
to you: either the e-mail address for your account, or the address supplied
by you as part of the Member Registration Data. Any notices or communication
under this agreement will be deemed delivered to the party receiving
such communication on the delivery date if delivered personally to the
party; (2) two business days after deposit with a commercial overnight
carrier, with written verification of receipt; (3) five business days
after the mailing date, whether or not received, if sent by US mail,
return receipt requested; (4) on the delivery date if transmitted by
confirmed facsimile or (5) on the delivery date if transmitted by confirmed
e-mail.
- Force Majeure.
AccuFind will not be liable in any amount for failure to perform any
obligation under this agreement if such failure is caused by the occurrence
of any unforeseen contingency beyond the reasonable control of such
party including without limitation Internet outages, communications
outages, fire, flood, war or act of God.
- General Terms.
Interpretation and enforcement of this agreement will be governed by
the laws of the state of Pennsylvania (excluding its choice of law rules).
You hereby consent to personal jurisdiction in the federal and state
courts of Northampton County, Pennsylvania for any action arising out
of or relating to your use of the AccuFind Service. The federal and
state courts of Northampton County, Pennsylvania will have exclusive
jurisdiction over all such actions. In any such action, the prevailing
party will be entitled to recover all legal expenses incurred in connection
with the action, including but not limited to its costs, both taxable
and non-taxable, and reasonable attorney's fees. The terms of this Section
will survive any termination of this agreement.
- Equipment Leasing - Dedicated Server Clients.
Clients entering into a leased equipment agreement (dedicated server solution) agree to abide by all
acceptable use policies and other terms set forth by AccuFind. AccuFind strictly prohibits any illegal
activities or activities expressed as forbidden in this policy on our leased equipment or other equipment attached to this network.
All leased equipment will be maintained by AccuFind and remain the ownership of AccuFind at all times.
Maintenance performed by AccuFind will be limited to correction of hardware failures, installation of
all major patches to operating systems, security of physical machines on premises. AccuFind offers other services
on dedicated server accounts, based on the account type. Specific services offered can be found within the webpage
describing that particular account type. AccuFind may from time-to-time increase or decrease the parameters of the accounts.
Existing accounts are not entitled to upgrades in service, based on any advertisements or offers displayed on website.
Customers requesting dedicated server accounts agree to act responsibly with respect to the internet community as a whole.
Any activities deemed unacceptable by AccuFind and as expressed in our Acceptable Use Policies and Terms of Service,
will subject the client to possible termination of the account.
Effective 04/27/2005
AccuFind will remain responsible for all hardware failures for a period not to exceed the expected usefulness of the server. All
servers are purchased by AccuFind will be expected to deliver a maximum of 3 years of service from the date of purchase. Customers will be
offered upgrades at or prior to this time period to ensure uninterrupted service. Customers continuing to use equipment which has lived past its
expected usefulness will be provided power and connectivity only and AccuFind will not accept responsibility for hardware from that point forward.
Customers may request root or administrator access to the server, however once this is granted, AccuFind will only be responsible for power and
connectivity and the customer will have assumed responsibility for all security and configuration changes to the server.
- Software Development and Proprietary Software.
Clients entering into a development agreement agree to the following:
- All software developed by AccuFind Internet Services Inc. will be hosted within our network for a period of at least 12 months from the date
the completed application is posted to a live server and visible on the internet.
- AccuFind Internet Services Inc. will support software that was developed by our development team for a period of 6 months at no charge
to the customer.
- AccuFind Internet Services Inc. will only support features that were developed in accordance with the written agreement between AccuFind Internet Services Inc.
and the customer, all other requests or changes must be submitted in writing and may be subject to additional support charges.
- AccuFind Internet Services Inc. is not responsible for any third party software which is purchased by the customer or requested by the customer through AccuFind
Internet Services Inc., as part of a development contract. If AccuFind Internet Services is requested to work through problems or issues with any third party
vendor, normal support charges will apply on an hourly basis.
- All software that is proprietary to AccuFind Internet Services will remain the property of the same. All Data that is entered into databases or other
holding features by the customer will continue to belong to the customer and be returned, upon request, at termination of the hosting agreement.
AccuFind Internet Services
Acceptable Use Policy
At AccuFind Internet
Services, we value our customers and wish to provide them with a positive
Internet experience. Our goal is to offer you the ability to use and enjoy
the network and services provided by AccuFind (the "AccuFind Service")
in order to enrich your business, recreational, and family life. To help
AccuFind offer you the best service possible, all customers need to follow
the same rules and guidelines. These policies are intended to make the
AccuFind Service available to all our customers as consistently and efficiently
as possible. While AccuFind does not monitor your use, you are obligated
to adhere to these policies. These policies are used in conjunction with
the terms of service agreement. Violating any of these policies grants
AccuFind the authority to take the appropriate action to restrict or
terminate your access to the AccuFind Service.
Changes 09/28/2005
effective 10/01/2005
Shared Server Abuse
Any attempt to undermine or cause harm to a server, or customer, of AccuFind Internet Services Inc. is strictly prohibited. Unauthorized use of other people's accounts or computers AccuFind Internet Services Inc will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by an AccuFind Internet Services Inc. customer, whether or not the attacked account or computer belongs to AccuFind Internet Services Inc., will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
Customers may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by AccuFind Internet Services Inc. to be unacceptable use of AccuFind Internet Services Inc. services including abuse of server resources.
All hosting accounts may be terminated that include the following content or which have links to the following content:
- Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism or hatred.
- Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
- Displaying material that exploits children under 18 years of age.
- Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
- Exporting encryption software over the Internet or otherwise, to points outside the United States.
- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software. Any account that is deactivated by the abuse team will be charged the following reactivation fees:
- 1st offense - $50.00
- 2nd offense - $100.00
- 3rd offense - Account termination
This fee will only be waived if it is determined by the abuse team that the account was disabled without cause.
Abuse of Unlimited Traffic
AccuFind Internet Services Inc. customers are privileged to be offered unlimited traffic for their web sites. The intention of AccuFind Internet Services Inc. is to provide a large space to serve web documents, not an off site storage area for electronic files. All (90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on AccuFind Internet Services Inc. server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of AccuFind Internet Services Inc. management. Any customer who violates AccuFinds Web Hosting Policies in abusing either space/site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the allotted period, the client will be billed for the overages.
To maintain the integrity of our shared hosting service the following limitations apply:
- Sites with banners, graphics or cgi scripts running from their domain used on other domains.
- Sites with picture galleries (This is any site where 50% of the files transferred is graphics).
- Sites offering download files or archives (This is any site where 50% or more of there monthly traffic is from file downloads).
- Sites running multimedia files (QuickTime, Real Helix Media Server, MP3).
- Sites acting as document repositories or document storage/backup services.
For those that do not qualify for the unlimited service, traffic will go unmonitored until you reach 20 GB per month. Thereafter, normal data transfer cost of $6.00/1GB/month will be billed to your account. If you want to pre-pay for bandwidth overages, you will be billed $4.50/1GB/month.
All biling procedures are automated and excess bandwidth or storage will be calculated with your next monthly billing.. If we are not able to collect for overage or normal web services provided, the account will be terminated once it reaches 60 days due. You will receive email notifications prior to this action being taken. Following the termination, we will allow 5 days before deleting all files from our servicers.
AccuFind Internet Services Inc. will be the sole arbiter as to what constitutes a violation of this provision.
Unsolicited Email (Spam)
Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation.
AccuFind Internet Services Inc. takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers.
The following activities are not allowed:
- Unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain.
- Forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without warning and without refund.
- Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing").
- Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.
- Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.
- Providing spamware (software used to send bulk email or software used to harvest email addresses) or links to sites providing spamware is strictly prohibited and subject to demand for removal or account cancellation.
Note: If you use the services of another provider (including but not limited to the use of address lists obtained from a third party vendor or provider) to promote a web site hosted by or through AccuFind Internet Services Inc. (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers.
CGI Scripts
(This section does not apply to managed dedicated or colocation servers.) Each shared Unix web hosting account comes with its own cgi-bin, in which you are free to use any* CGI scripts you wish. All CGI scripts (Perl scripts with a .pl or .cgi extension) intended for use on shared Windows 2003 web hosting accounts are subject to approval by our NT Administrators.
*See the Server Resource Abuse section.
Server Resource Abuse
(This section does not apply to managed dedicated or colocation servers.) Shared server accounts are limited in use of the amount of server resources. Shared server resource abuse includes any process or service usage that affects normal shared server operation, resources or connectivity, and which causes a server to become overloaded. Shared server resources include CPU and memory usage, number of concurrent processes, number of concurrent port or database connections and total bandwidth. Possible causes of server resource abuse include, but are not limited to, the use of: CGI, Perl, Sendmail, mySQL, MSSQL, PHP, ASP, COLDFUSION, HTTP, SMTP, POP3 and FTP. If server resource abuse is detected, possible actions include, but are not limited to: disabling of the offending script or scripts, disabling of the specific service, disabling of the entire account or account cancellation. If server overload is a result of server resource abuse, these actions will be taken without prior notice or warning.
Child Pornography
Our policy on child pornography is zero tolerance. AccuFind Internet Services Inc will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the AccuFind Internet Services network, and will be liable for illegal material posted by their clients.
According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.
Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT
Chat Rooms
We do not allow clients to install their own chat rooms within a shared hosting account, without approving it with the AccuFind Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others. Note: Parachat chat rooms do not apply to this rule. They are perfectly fine to install.
Abuse of SMTP Mail Server
We do not allow clients to send more than 2000 pieces of e-mail per day from a shared hosting account. If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 2000 per day your account will be moved to a special server that is specifically designed to handle high volumes of e-mail. You will be charged $50.00/month in addition to your regular hosting charges if your account is moved to this server. Please contact the AccuFind Support team to have your domain moved.
Background Running Programs
We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. (this section does not apply to managed dedicated servers)
IRC
We currently do not allow IRC clients or IRC bots to be operated on any of our servers. In addition, IRC servers are not permitted on our network. Anyone found to be in violation of this policy risks immediate account termination.
Current Contact Information
Current customers must provide AccuFind Internet Services Inc. with, and keep current and up to date, good contact information including full address, email, phone, and fax numbers. AccuFind Internet Services Inc. uses contact information to reach customers during network emergencies, server downtime, maintenance windows and in case there are billing issues with your account. Failure to keep contact information up to date could lead to temporary account suspension until the information is updated.
Abuse of Dedicated/Colocation Bandwidth Allotments
AccuFind Internet Services customers are privileged to be offered large amounts of bandwidth and monthly transfer to their servers. The intention of AccuFind Internet Services Inc. is to provide large bandwidth allotments to businesses and consumers to serve as connections for their web sites and web documents ("normal usage," and not for off-site storage areas for electronic documents and files. All (90%) of your web pages (.html) must be 'linked' with files (.GIF, .JPEG, .WMV, .RA, etc.) stored on AccuFind Internet Services server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of AccuFind Internet Services management. Any customer who violates AccuFind Internet Services Policies in abusing bandwidth allotments and site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the allotted period, the client will be billed for the overages.
To maintain the integrity of our dedicated and colocation server networks the following server limitations apply if your site is not deemed as "normal usage:"
Servers that contain:
- Sites with banners, graphics or cgi scripts running from their domain used on other domains.
- Sites with picture galleries (This is any site where 50% of the files transferred is graphics).
- Sites offering download files or archives (This is any site where 50% or more of there monthly traffic is from file downloads).
- Sites running multimedia files (QuickTime, Real Helix Media Server, MP3).
- Sites acting as document repositories or document storage/backup services.
- Sites where 30% or more of the files or graphics are linked to by outside off-network third-parties
For those server uses that are not classified under "normal use," and fit within any of the "limitation categories" above, the customer's server is limited to 20 GB of monthly transfer. The customer will be billed at $6.00/GB for any overage incurred
Window 2000/2003 Based Dedicated Servers
Subscribers are prohibited from allowing more than five (5) authenticated users of the Microsoft Windows Server Operating Systems under Microsoft licensing terms and could create liability issues with Microsoft Corporation if violated.
Customer agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Software Products or that appear during the use of Software Products. Customer further agrees not to reverse engineer, decompile, or disassemble the Software Products.
AccuFind Internet Services Inc. may provide you access to other third party software and/or services ("Third Party Products ") through reseller relationships AccuFind Internet Services Inc has established with certain commercial software and licensing vendors, including without limitation, Microsoft Corporation ("Third Party Vendors"). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by AccuFind Internet Services Inc and not by the Third Party Vendor. Neither AccuFind Internet Services Inc. nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. Customer expressly acknowledges and agrees that use of third party products is at customer's sole risk and such third party products are provided "as is" and without representation or warranty of any kind from AccuFind Internet Services Inc. or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights.
To the maximum extent permitted by applicable law, neither AccuFind Internet Services Inc. nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for third party products and that customer shall be fully liable to third party vendors and AccuFind Internet Services Inc. with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements.
Excessive Use/Overages
You will not exceed the bandwidth, storage and E-mail usage limits out Dedicated lined by your particular web hosting package. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month or if you exceed E-Mail storage and attachment size limitations, AccuFind Internet Services Inc. will assess you with additional charges. If AccuFind Internet Services Inc. elects to take any corrective action, AccuFind Internet Services Inc. will not refund any unused pre-paid fees. Your use of your account and access to it is your responsibility. You are responsible for any unauthorized access to your account resulting in bandwidth, storage and/or E-mail usage exceeding the limits outlined in your particular web hosting package specifications and resultant charges. Bandwidth overages are currently billed at $6/GB/month. Disk space overages are currently billed at $.50/MB/month.
Payment Policies
All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. AccuFind Internet Services Inc. reserves the right to change prices at any time, unless other terms have been agreed upon. Credit card accounts are subject to login deactivation upon the card declining for charges within 48 hours of email notification. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to complete account deactivation. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies AccuFind Internet Services Inc. in writing to terminate services. All payment is in U.S. currency.
AccuFind Internet Services Inc. will bill each client $50.00 per returned check, per wire transfer received and per credit card chargeback received. All AccuFind Internet Services Inc. accounts are setup on anniversary billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle, during a current cycle, there will be a $50.00 fee. Please contact the billing department at billing@accufind.com should you wish to change your anniversary billing cycle.
Any account that is not brought current prior to deactivation will be charged a $25.00 reactivation fee as well as a $15.00 late charge, per domain deactivated. In addition, if your credit card declines for any reason AccuFind Internet Services Inc. will charge your account an additional $1.00 service charge every time your card is declined. AccuFind Internet Services Inc. may impose a debt service charge equal to one and one-half percent (1.5%) of the overdue balance (or such lesser amount as may be required by law) for each month or fraction thereof the overdue amount remains unpaid. All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of AccuFind Internet Services Inc.) shall be paid by Customer.
AccuFind Internet Services Inc. accepts paper checks, as well as credit cards, money orders, cashiers checks and cash from customers for payment of web hosting services and fees associated with your account. However, there will be a $5.00/month processing fee for each customer paying by paper check, no additional fee for credit cards, money orders, cashiers checks and cash).
End Changes 09/28/2005
User-Supplied Content.
Through the AccuFind Service, you may have access to chat areas, bulletin
boards, Web pages, e-mail, USENET, or other services that enable you to
send or post materials ("Content") and make that Content available to
others. You must not submit, publish, or display on the AccuFind Service
any defamatory, inaccurate, abusive, obscene, infringing, or threatening
Content, In addition, you may not submit, publish, or display any Content
that violates any federal, state, or local law. You are solely responsible
for the Content you make accessible through the AccuFind Service. AccuFind
is not obligated to monitor the network to examine available Content.
You hereby acknowledge that if AccuFind is made aware of Content that
is determined to be, in its sole discretion, unacceptable, undesirable,
offensive, indecent, obscene, excessively violent or otherwise objectionable,
AccuFind has the right, but not the obligation, to edit, remove or deny
access to such Content. When necessary to properly operate AccuFind Service,
to protect its rights or the rights of third parties, or as may be required
by law, regulation, government agency or Court Order, AccuFind may electronically
monitor the AccuFind Service. AccuFind may disclose any content or records
concerning Customer's account as required to satisfy any law, regulation,
governmental request or court order.
Intellectual Property
Rights. Material accessible to you through the AccuFind Service may
be subject to protection under the United States or other copyright laws,
or laws protecting trademarks, trade secrets or proprietary information.
Except when expressly permitted by the owner of such rights, you must
not use the AccuFind Service in a manner that would infringe, violate,
dilute or misappropriate any such rights, with respect to any material,
which you access or receive through the AccuFind Service. If you use
a domain name in connection with AccuFind Hosting or similar service,
you must not use that domain name in violation of any trademark, service
mark, or similar rights of any third party.
Lawful Use.
You must use the AccuFind Service strictly in accordance with all federal,
state, and local laws, ordinances, and regulations. You may not use the
AccuFind Service to assist any other person or entity to violate any
federal, state, or local laws, ordinances, or regulations.
Privacy Policy.
AccuFind Internet Services collects certain types of information about
our customers, such as contact and financial information, demographic
and profile data, and IP address. The AccuFind Internet Services Privacy
Policy demonstrates our commitment protecting the privacy of our customers
and outlines the practices for gathering and disseminating customer information.
The Privacy Policy may be found at http://www.accufind.com/privacy/.
Mass Mailings.
You must not use the AccuFind Service, AccuFind's equipment or any AccuFind
electronic mail address in connection with the sending of the same, or
substantially similar, unsolicited electronic mail message, whether commercial
or not, to more than one recipient. This prohibition extends to the sending
of unsolicited mass mailings from another service which in any way implicates
the use of the AccuFind Service, AccuFind's equipment or any AccuFind
electronic mail address. A message is considered unsolicited if it is
posted in violation of a newsgroup charter or if it is sent to a recipient
who has not requested or invited the message. For purposes of this provision,
merely making one's e-mail address accessible to the public will not constitute
a request or invitation to receive messages. Without limiting the above,
you must not use the AccuFind Service, AccuFind's equipment or any AccuFind
electronic mail address in connection with the transmission of the same
or substantially similar unsolicited message to multiple recipients or
newsgroups in a single day. AccuFind at its sole discretion may determine
whether your use was unintentional or willful.
Storage Capacity.
Your storage space and bandwidth utilization on the AccuFind Service
must remain within the Storage Space and Bandwidth Allocations associated
with the access plan you have selected. You are responsible for ensuring
that stored electronic mail will not exceed this limit. For AccuFind
Hosting and similar accounts, these allocations are set forth in the account
plan selected during registration. Additional storage space and bandwidth
may be available at an additional charge. Please contact AccuFind if
you are interested.
Traffic and Hits.
If you publish any Web page or site using the AccuFind Service, the usage
of that Web page or site should be consistent with the access plan you
have chosen. AccuFind may suspend or terminate access to your Web page
or site if it is determined that that Web page or site has, on any single
day, received download traffic of fifty megabytes (50,000K) or more.
Third Party Rules,
Licenses, and Terms of Service. Through the AccuFind Service, you
may have access to search engines, subscription Web services, chat areas,
bulletin boards, Web pages, USENET, or other services that disseminate
rules, guidelines or agreements to govern their use. You must adhere to
any such rules, guidelines, or agreements. In addition, the use of any
software or data in connection with or through the AccuFind Service must
be in accordance with any applicable license agreements.
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