You are responsible
for abiding by the rules set forth in the paragraphs below.
Any violation of the terms set forth below may result in
immediate suspension and/or termination of all services
currently being provided.
As a Web Hosting Provider ("WHP"), we offer our customers
the means to acquire and disseminate a wealth of public,
private, commercial and non-commercial information. We also
want our customers to be fully informed of their rights and
obligations -- and ours -- in connection with their use of
the Internet. This Network Access Policy, which supplements
and explains certain terms of each customer's respective
services agreement (the "Services Agreement"), is intended
as a plain English guide to those rights and obligations.
The fundamental fact about the Internet is that no one
--neither us, nor anyone else -- owns or controls it. This
fact accounts for much of the Internet's openness and value,
but it also places a high premium on the judgment and
responsibility of those who use the Internet, both in the
information they acquire and in the information they
disseminate to others. When customers obtain information
through the Internet, they must keep in mind that we cannot
monitor, verify, warrant or vouch for the accuracy and
quality of the information that customers may acquire. For
this reason, the customer must exercise his or her best
judgment in relying on information obtained from the
Internet, and also should be aware that some material posted
to the Internet is sexually explicit or otherwise offensive.
Because we cannot monitor and censor the Internet, and will
not attempt to do so, we cannot accept any responsibility
for injury to our customers that results from inaccurate,
unsuitable or offensive Internet communications.
When customers disseminate information through the Internet,
they also must keep in mind that we do not review, edit,
censor or take responsibility for any information our
customers may create. This places on customers what will be,
for most, an unfamiliar responsibility. When users place
information on the Internet, they have the same liability as
other authors for copyright infringement, defamation and
other harmful speech. Also, because the information they
create is carried over our facilities and may reach a large
number of people, including both customers and non-customers
of ours, customers' postings to the Internet may affect
other customers and may harm our goodwill, business
reputation and operations. For these reasons, customers
violate our policy and the Services Agreement when they,
their affiliates or subsidiaries engage in the following
activities:
Adult Sites/Unacceptable Content – Pornography and
pornographic related merchandising are prohibited under all
ABasics services. This includes sites that include links to
pornographic content elsewhere. Further examples of
unacceptable content or links include pirated software,
“hacker” programs, archives of “Warez Sites”, game rooms or
MUDs, IRC Bots, Egg Drop programs, any kind of illegal
software or shareware. In addition sites offering online
gambling, casino functionality, sportsbook betting
(including offshore), and Internet lotteries are
prohibited.
Copyright Violation – Engaging in activity that infringes or
misappropriates the Intellectual Property rights of third
parties, including copyrights, trademarks, service marks,
trade secrets, software piracy and patents and other similar
rights held by third parties shall result in termination of
all "subscribers" privileges on the "ABasics" system.
How to claim a copyright infringement:
Pursuant to 17 U.S.C. 512(c) (2), all notifications of
claimed copyright infringement on the "ABasics" system or
Web sites should be sent to our Network Administrator at
hosting@abasics.net and shall include the following
information:
A: a physical or electronic signature of the copyright owner
or a person authorized to act on the copyright owner's
behalf.
B: identification of the copyrighted work(s) claimed to have
been infringed.
C: identification of the material claimed to infringe the
copyrights(s), reasonably sufficient to enable "ABasics." to
locate the material in order to remove the material or
disable access.
D: information reasonably sufficient to allow "ABasics" to
contact the complaining party (including name, address,
phone number, and e-mail address)
E: statement that the complaining Claimant has a "good faith
belief that use of the material in the manner complained of
is not authorized by the copyright [holder], its agent or
the law."
F: statement that the information in the notice is accurate,
and under PENALTY OF PERJURY, that the complaining party is
authorized to act on behalf of the copyright owner.
NOTE: UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT
ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CIVIL
PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND
ATTORNEYS FEES INCURRED BY ABasics, OR BY ANY COPYRIGHT
OWNER'S LICENSEE THAT IS INJURED AS A RESULT OR A
MISREPRESENTATION. IN ADDITION, YOU MAY ALSO BE SUBJECT TO
CRIMINAL CHARGES FOR PERJURY, IN ACCORDANCE WITH APPLICABLE
LAW. ABasics PROSECUTES TO THE FULL EXTENT ALLOWABLE BY LAW.
Customer Support – ABasics promotes a mutually professional
relationship with its customers. Obscene, abusive,
threatening or otherwise harassing communications with
agents of the Company, via telephone, email, online chat or
other means will result in immediate account termination not
withstanding any other terms of this agreement. Violation of
this will result in refund ineligibility.
Defamation -- Defamatory speech distributed over the
Internet can result in civil liability for the defamer and
litigation against the WHP whose facilities were used to
distribute the defamatory material.
Distribution and/or Transmission of Obscene or Indecent
Speech or Materials -- Violation of indecency and obscenity
laws can result in criminal penalties.
Distribution of Internet Viruses, Worms, Trojan Horses and
Other Destructive Activities -- Distribution of Internet
viruses, worms, Trojan horses and other destructive
activities, such as hacking, can result in serious civil and
or criminal liability under federal and state law.
DNS Transfers – By registering a domain name through
ABasics, the Customer is establishing a relationship with
Ready Hosting and DomainPeople.com separate from the Company
and this Agreement. Ready Hosting is the domain name hosting
business. All customer accounts are setup with the
understanding that the Customer will transfer authoritative
DNS control of the domain hosted with Ready Hosting,
Inc. requires the Customer to update the domain name
registration of any domain hosted to the appropriate
nameservers. Ready Hosting, Inc. does not provide extended
access to its network through non-authoritative DNS means
for any purpose other than initial account setup.
Third-level domains are provided for 30 days after account
creation and may not be used as a primary means of access to
an assigned web space.
Export Control Violations -- The law limits the ability of
persons to export encryption software, over the Internet or
otherwise, to points outside the United States.
Illegal/Unauthorized Access to Other Computers or Networks
-- The illegal or unauthorized accessing (often known as
"hacking") of computers or networks carries potential civil
and criminal penalties under both federal laws and the laws
of most states.
Image Repository -- The WHP services are not to be used as a
software/image repository. This means you cannot use your
account to store images that are pulled from another
website. An example of this would be storing images to be
pulled from an eBay auction site.
Software/Script Support – Customer acknowledges that
ABasics, Inc. cannot provide technical support for any
software and/or script that the Customer installs, other
than variable name changes. Customer also acknowledges that
ABasics does not supply technical support for Microsoft
FrontPage, other than initial configuration. ABasics via
Ready Hosting supplies technical support for webhosting
issues only. Ready Hosting, Inc. shall be the sole arbiter
as to what constitutes a “webhosting” issue.
Spamming -- Unsolicited, commercial mass e-mailing (known as
"spamming") is a strongly disfavored practice among Internet
users and web hosting providers. It is particularly harmful
not only because of its negative impact on consumer
attitudes toward us, but also because it can overload our
equipment and disrupt service to our customers. This
includes listing a hosted domain in any unsolicited email.
Unmetered Data Transfer – ABasics provides the unlimited
space and unlimited transfer in good faith to our Customers
so that they may create their websites without the fear of
running over their web space or web traffic allocation.
While most Customers will use the extra web space and
traffic for their legitimate web site needs, we recognize
that others may try to take advantage of our offer and use
the space and traffic in ways for which it is not intended.
If at any time the Customer’s website generates enough
bandwidth usage to affect the performance of the other
customer sites on the server, ABasics reserves the full
right to terminate the Customer’s domain name without
refund.
Other Activities, whether lawful or unlawful, that we
determine to be harmful to our customers, operations or
reputation, including any activities that restrict or
inhibit any other user from using and enjoying the service
or the Internet. Any violations of this agreement will
result in refund ineligibility.
As we have pointed out, the responsibility for avoiding the
harmful activities just described rests primarily with the
customer. We will not, as an ordinary practice, monitor the
communications of our customers to ensure that they comply
with our policy or applicable law. When we become aware of
harmful communications, however, we may take any of a
variety of actions. We may remove information that violates
our policies, implement screening software designed to block
offending transmissions, or take any other action we deem
appropriate, including termination of a customer's contract
with us.
We also are aware that many of our customers are,
themselves, providers of web hosting services, and that
information reaching our facilities from those customers may
have been originated by customers of those customers or
other third parties. We do not require our customers who
offer webhosting services to monitor or censor transmissions
created by customers of its customers. At the same time,
customers who knowingly transmit materials that violate law
or our policy are, themselves, in violation of our policy.
Similarly, we anticipate that customers who offer web
hosting services will cooperate with us in any corrective
action that we deem necessary, in order to correct and
prevent the transmission of material that is harmful to us
or our customers. Failure to cooperate with such corrective
and preventive measures is a violation of our policy.
We also are concerned with the privacy of on-line
communications. In general, the Internet is neither more nor
less secure than other common communications media,
including mail, facsimile and voice telephone service, all
of which can be intercepted and otherwise compromised. As a
matter of prudence, however, we urge our customers to assume
that all of their on-line communications are insecure.
We cannot take any responsibility for the security of
communications transmitted over our facilities. We will
comply fully, however, with all applicable laws concerning
the privacy of our customers' on-line communications. In
particular, we will not intentionally monitor or disclose
any private electronic mail messages sent or received by our
customers unless required to do so by law. We may, however,
monitor our service electronically to determine that our
facilities are operating satisfactorily. Also, we may be
required to disclose information transmitted through our
facilities in order to comply with court orders, statutes,
regulations or governmental requests. Finally, we may
disclose information transmitted over our facilities where
necessary to protect us and our customers from harm, or
where such disclosure is necessary to the proper operation
of the system.
We are not responsible for loss of customer content due to
server or hardware failure. We do, however, backup our
systems daily, but cannot guarantee the content is
up-to-date. It is the customer's responsibility to have a
full backup of their site.
We expect that our customers who provide webhosting services
to others will comply fully with all applicable laws
concerning the privacy of on-line communications. A
customer's failure to comply with those laws will violate
our policy. Finally, we wish to emphasize that in signing
the Services Agreement, customers indemnify us for any
violation of the customer of the Services Agreement, or of
law or corporate policies, that results in loss to us or the
bringing of any claim against us. This means that if we are
sued because of activities of the customer that violate any
law, the Services Agreement or this policy (which is part of
the Services Agreement), the customer will pay any damages
awarded against us, plus costs and reasonable attorneys'
fees.
We hope this Policy Statement is helpful in clarifying the
obligations of Internet users, including us and our
customers, as responsible members of the Internet.
We reserve the right to permanently discontinue service at
any time, without notice, should you be found in violation
of our aforementioned terms and conditions.
Note: You are not permitted to have any commercially
available software, fixes, patches or electronic media (ex.
MP3s, AVI, WAVE, etc.) for download on your site. We reserve
the right - at any time, to terminate service if we find
that you have violated this term. Additionally, should you
be found to be in violation of any licensing agreements
currently in place, we reserve the right to permanently
terminate your service without refund. In English - no
download sites.
Complaints about violators of our policies should be
referred to hosting@abasics.net. Each complaint will be
investigated.
Payments must be post marked by their due dates. There
will be a 10% late charge for all late payments. Any
payment not post marked by its due date will be considered
late. Any payments not paid within a three month time
frame may result in termination of services. There
will be an additional $100 setup fee plus any unpaid fees to
have any hosting services restarted as a result of the
termination of services by ABasics due to a delinquent
account.
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