This Tarcom Internet Solutions, Inc. Acceptable Use Policy (“AUP”) describe the proper kinds of conduct and prohibited uses of Tarcom Internet Solutions, Inc.’s hosting services (the “Services”) as well as important disclaimers and limits of liabilities. This AUP is not exhaustive and Tarcom Internet Solutions, Inc. reserves the right to modify this AUP at any time, effective immediately upon notification. By registering for and using the Services, and thereby accepting the terms and conditions of this AUP, you agree to abide by these conditions as modified from time to time. Any violation of the AUP may result in the suspension or termination of your account or such other action as Tarcom Internet Solutions, Inc. deems appropriate.
Any attempt to undermine or cause harm to a server, or customer, of Tarcom Internet Solutions, Inc. is strictly prohibited.
Unauthorized use of other people’s accounts or computers.
Tarcom Internet Solutions, 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 a Tarcom Internet Solutions, Inc. customer, whether or not the attacked account or computer belongs to Tarcom Internet Solutions, 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.
IMPORTANT NOTE – Tarcom Internet Solutions, Inc. has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds or fees paid will be made if account termination is due to violation of the terms outlined below.
Customers may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by Tarcom Internet Solutions, Inc. to be unacceptable use of Tarcom Internet Solutions, Inc.’s services including abuse of server resources.
All hosting accounts may be terminated immediately 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.
Site traffic will go unmonitored until you reach 1 GB per month. Thereafter, normal data transfer cost of $20.00/1GB/month will be billed to your account. If you want to pre-pay for bandwidth overages, you will be billed $10.00/1GB/month.
If your site traffic exceeds 2 GB per month, you will receive a notice detailing your bandwidth usage.
You will have 10 days to contact Tarcom Internet Solutions, Inc. to pay for your overages. If you do not pay for your overages, your site will be disabled within 10 days of your first notice.
Tarcom Internet Solutions, 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.
Tarcom Internet Solutions, 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 Tarcom Internet Solutions, Inc. (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers.
Penalty: Depending on the severity of your SPAMMING, Tarcom Internet Solutions, Inc. reserves the right to charge you between $1.00 – $100.00 PER SPAM sent through our network. Your web site content will also be confiscated and it will be NEVER returned to you.
Server Resource Abuse
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.
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.
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)
We currently do not allow IRC, 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.
You will not exceed the bandwidth, storage and E-mail usage limits outlined 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, Tarcom Internet Solutions, Inc. may, in its sole discretion, assess you with additional charges. If Tarcom Internet Solutions, Inc. elects to take any corrective action, Tarcom Internet Solutions, 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 $25/GB/month. Disk space overages are currently billed at $.50/MB/month. Email attachments overages are currently billed at $.15 per email over 10MB.
Email Accounts, Attachments and Viruses
We strongly recommend that you have the latest anti-virus software running and updated on a routine basis on ALL your computers and/or network(s) as recommended by the anti-virus software manufacturer you choose. You assume the complete and unconditional responsibility to ensure that any emails you receive and/or send are free and clear of viruses and/or virus attachments.
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. Tarcom Internet Solutions, Inc. reserves the right to change prices at any time with a 60-day written notice (via email), unless other terms have been agreed upon in writing. 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 suspension.
The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Tarcom Internet Solutions, Inc., in writing, to request for termination of services.
All payment is in U.S. currency.
Tarcom Internet Solutions, Inc. will bill each client $25.00 per returned check (or the maximum allowed by law up to $50.00).
All Tarcom Internet Solutions, 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 unless otherwise notified.
Any account that is not brought current prior to deactivation will be charged a $25.00 reactivation fee as well as a $25.00 late charge, per domain deactivated. Tarcom Internet Solutions, 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 sales taxes (if any) are the responsibility of the Customer.
The cancellation / termination policy of a signed agreement supersedes this section only. In the event there is no separate signed agreement for services and/or hosting that includes a cancellation / termination clause, the following cancellation / termination policy applies:
Tarcom Internet Solutions, Inc. and/or the Customer may cancel hosting service(s) at any time with a 30-day written notice of cancellation.
Liability and Obligations on Cancellation.
If the Agreement expires or is cancelled for any reason, Tarcom Internet Solutions, Inc. is not liable to you because of the expiration or cancellation for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the termination or expiration. If you terminate this Agreement, Tarcom Internet Solutions, Inc. will not relieve you of any obligations to pay fees and costs accrued before the termination date or any other amounts you owe to Tarcom Internet Solutions, Inc. under this Agreement.
Intellectual Property Rights
Material accessible to you through Tarcom Internet Solutions, Inc.’s services 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 Tarcom Internet Solutions, Inc. or its servers and network 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 Tarcom Internet Solutions, Inc. network. If you use a domain name in connection with Tarcom Internet Solutions, Inc. or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Customers may not use the Tarcom Internet Solutions, Inc. network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Tarcom Internet Solutions, Inc. will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability. You are solely responsible for any security breaches affecting servers or accounts under your control. If your server or website is responsible for or involved in an attack on or unauthorized access into another server or system, Tarcom Internet Solutions, Inc. will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting Tarcom Internet Solutions, Inc. or any of its other customers.
You will be solely responsible for the operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.
Static / Dynamic Content Caching
You expressly (i) grant to Tarcom Internet Solutions, Inc. a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by Tarcom Internet Solutions, Inc. under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party’s intellectual property rights.
IP Address Ownership
Tarcom Internet Solutions, Inc. shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Tarcom Internet Solutions, Inc. and Tarcom Internet Solutions, Inc. reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
Domain Name Registration
If Tarcom Internet Solutions, Inc. obtains a domain name on your behalf, the following applies:
Customer agrees to pay Tarcom Internet Solutions, Inc. prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the Tarcom Internet Solutions, Inc. price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if Customer’s domain name registration is suspended, cancelled or transferred prior to the end of Customer’s then current registration term. Tarcom Internet Solutions, Inc. reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer’s requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed Customer’s registration in an email from Tarcom Internet Solutions, Inc. to the email address indicated in Customer’s registration application. In the event of a charge-back by a credit card company (or similar action by another payment provider allowed by Tarcom Internet Solutions, Inc.) in connection with the payments of the registration fee for Customer’s domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to Tarcom Internet Solutions, Inc. as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Tarcom Internet Solutions, Inc. will reinstate Customer’s domain name registration solely at Tarcom Internet Solutions, Inc.’s discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Tarcom Internet Solutions, Inc. reserves the right to refuse service to anyone. Customers may only use Tarcom Internet Solutions, Inc. server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Tarcom Internet Solutions, Inc. management.
Jurisdiction and Limit of Liability
Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiction, this contract was entered into and performed in Loudoun County, Virginia, and any dispute will be litigated or arbitrated in Loudoun County, Virginia. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Loudoun County courts. IN NO EVENT SHALL TARCOM INTERNET SOLUTIONS, INC.’S MAXIMUM LIABILITY EXCEED TWO HUNDRED U.S. DOLLARS ($200).
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD TARCOM INTERNET SOLUTIONS, INC HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY’S FEES ASSERTED AGAINST Tarcom Internet Solutions, INC., ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT’S AGENTS, EMPLOYEES OR ASSIGNS.
CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS TARCOM INTERNET SOLUTIONS, INC. AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Tarcom Internet Solutions, INC.’S SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; (3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM TARCOM INTERNET SOLUTIONS, INC’S SERVER.
Under no circumstances, including negligence, shall Tarcom Internet Solutions, Inc., its officer(s), employee(s), agents or anyone else involved in creating, producing or distributing it’s services, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use Tarcom Internet Solutions, Inc.’s services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, including, but not limited to, acts of God, communication failure, theft, destruction or unauthorized access to Tarcom Internet Solutions, Inc.’s records, programs or services.
TARCOM INTERNET SOLUTIONS, INC., IT’S EMPLOYEES AND/OR AGENT(S) WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. TARCOM INTERNET SOLUTIONS, INC. MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. Tarcom Internet Solutions, INC. DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES, BUT IS NOT LIMITED TO, LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, VIRUS(ES) AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY TARCOM INTERNET SOLUTIONS, INC., ITS EMPLOYEES AND/OR AGENT(S).
TARCOM INTERNET SOLUTIONS, INC. RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.