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Use and Misuse of the Services
All complaints of abuse, violation and misuse of the Services, whether
described in this section or otherwise, shall be investigated promptly.
If you are not sure if your actions will be an abuse, violation
or misuse, then please contact abuse@crucialhost.com You are responsible
for all use of your website, with or without your knowledge or consent.
You agree to use the Services only for lawful purposes, in compliance
with all applicable laws. Illegality includes, but is not limited
to: Drug dealing; Attempting without authorization to access a computer
system; Pirating (distributing copyrighted material in violation
of copyright law, specifically MP3s, MPEGs, ROMs, and ROM emulators);
Gambling; Schemes to defraud; Trafficking in obscene material; Sending
a message or having content that is obscene, lewd, lascivious, filthy,
or indecent with intent to annoy, abuse, threaten, or harass another
person; Threatening bodily harm or damage to individuals or groups;
Violating U.S. export restrictions; stalking; or violating other
state or federal law, such as the Electronic Communications Privacy
Act, the Computer Fraud and Abuse Act, or the Economic Espionage
Act. Linking to illegal material is also prohibited.
When CrucialHost.com becomes aware of possible violations of this
Agreement, CrucialHost.com may initiate an investigation that may
include gathering information from you and the complaining party,
if any, and examination of material on CrucialHost.com's servers.
CrucialHost.com, in its sole discretion, will determine what action
will be taken in response to a violation on a case-by-case basis.
Violations of this Agreement could subject you to criminal or civil
liability.
BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD CRUCIALHOST.COM
HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY CRUCIALHOST.COM
AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT
OR AS A RESULT OF ITS CONCLUSION THAT A VIOLATION OF THIS AGREEMENT
HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES
WHATSOEVER FROM CRUCIALHOST.COM AS A RESULT OF CRUCIALHOST.COM'S
DECISION TO: REMOVE MATERIAL FROM ITS SERVERS, WARN YOU, SUSPEND
OR TERMINATE YOUR ACCOUNT, OR TAKE ANY OTHER ACTION DURING THE INVESTIGATION
OF A SUSPECTED VIOLATION OR AS A RESULT OF CRUCIALHOST.COM CONCLUSION
THAT A VIOLATION HAS OCCURRED. THIS WAIVER APPLIES TO ALL VIOLATIONS
DESCRIBED IN THIS AGREEMENT.
Use and Misuse of Materials
Materials in the public domain (e.g., images, text, and programs)
may be downloaded or uploaded using the Services. You may also re-distribute
materials in the public domain. You assume all risks regarding the
determination of whether the material is in the public domain.
You are prohibited from storing, distributing or transmitting any
unlawful material through the Services. Examples of unlawful material
include, but are not limited to, threats of physical harm, child
pornography, and copyrighted, trademarked and other proprietary
material used without proper authorization. Pornography and sex-related
merchandising, or links to such material, even if legal, are not
acceptable uses of CrucialHost.com's servers. You may not post,
upload or otherwise distribute copyrighted material on CrucialHost.com's
servers without the consent of the copyright holder.
Unacceptable uses of website content also include the presence of
the following programs or the activities associated with them, regardless
of whether or not any actual intrusion results in the corruption
or loss of data: Server broadcast messages or any message sent on
an intrusive basis to any directly or indirectly attached network;
Attempts to circumvent any user authentication or security of host,
network, or account; Accessing data not intended for user; probing
the security of any network; Spawning dozens of processes; Port
scans, ping floods, packet spoofing, and forging router information;
Denial of service attacks, sniffers, flooding, spoofing, ping bombing,
smurfs, winnuke, land and teardrop; Promulgation of viruses; and
IRC bots, such as eggdrop or BitchX.
CrucialHost.com supports free speech on the Internet and will not
suspend or cancel your account simply because it disagrees with
your views expressed at your website. However, examples of unacceptable
activities include posting private information about a person without
his or her consent, defaming a person or business, and knowingly
making available code that will have a deleterious effect on third-party
computers. Where there are allegations that your on-line activity
has violated the legal rights of a third party, CrucialHost.com
will not substitute itself for a court of law in deciding tort claims
raised by the third party.
Email Use
Unacceptable affronts to netiquette and unacceptable activities
include, but are not limited to, the following: Spamming (sending
unsolicited advertising to those with which you have no existing
business relationship and posting off-topic advertising in newsgroups);
Spoofing (using a return email address that is not the valid reply
address of the sender or sending an email message that does not
contain enough information to enable the recipient to identify you);
Passive spamming (promoting a website hosted by CrucialHost.com
by spamming from some other source); trolling (posting controversial
messages in newsgroups to generate responses); Mailbombing (inundating
a user with email without any serious intent to correspond or sending
large or multiple files to a user); Generating a higher volume of
outgoing mail than a normal user (over 10% of available system resources);
Propagating chain letters; and subscribing someone else to an electronic
mailing list without that person's permission. A message is considered
unsolicited if it is posted in violation of a newsgroup charter
or sent to a recipient who has not requested the message. Making
an email address available to the public does not constitute a request
to receive messages. Distribution of mass emailing programs is also
prohibited. All recipients on a mailing list must have personally
subscribed. Mailing lists may not be used to distribute unsolicited
email. If you are repeatedly mailbombed or attract such behavior,
the Services will be terminated.
You should not send email to any user who does not wish to receive
it, either at CrucialHost.com or elsewhere. CrucialHost.com recognizes
that email is an informal medium; however, you must refrain from
sending further email to a user after receiving a request to stop.
You may not alter the headers of email messages to disguise their
identity or to prevent users from responding to the messages. CrucialHost.com
may disclose the usernames of accounts responsible for forged email
messages to system administrators or users requesting the information.
Violations of the CrucialHost.com policies outlined herein can sometimes
result in massive numbers of email responses. If you receive so
much email that CrucialHost.com resources are affected, CrucialHost.com's
staff may shut down your mailbox.
System Security
You are prohibited from utilizing the Services to compromise the
security of system resources or accounts on servers at CrucialHost.com
or at any other site. Use or distribution of tools designed for
compromising security or containing viruses or trojans is prohibited.
Examples of these tools include, but are not limited to, password
guessing programs, cracking tools or network probing tools.
If you are involved in violations of system security, CrucialHost.com
reserves the right to release all usernames of users involved in
such violations to system administrators at other sites in order
to assist them in resolving security incidents. CrucialHost.com
will also fully cooperate with law enforcement authorities in investigating
suspected lawbreakers.
System Resources
System abuse includes any use of CrucialHost.com's resources that
disrupts the normal use of its servers or services for others. Examples
of system abuse include running excessive numbers of processes or
consuming excessive amounts of CPU time, memory or disk space.
Any usage of 10% or more of CrucialHost.com's system resources is
an undue burden on CrucialHost.com's system and is unacceptable.
If your usage ever exceeds 10% of system resources, your account
may be terminated immediately and without prior notice.
Further, running programs in the background on a CrucialHost server
without CrucialHost.com's prior written authorization, or running
chat rooms, Internet Relay Chat, IRC bots, mailing lists that send
more then 1,000 emails a day and the like are not acceptable uses
of CrucialHost.com's servers.
When using the Service provided by CrucialHost, defined below in
Section 1.1, you agree to be bound by all of the following terms
(the "Terms of Service") within this Agreement.
CrucialHost reserves the right to alter, amend or modify any provision
of this Terms of Service Agreement at any time with or without prior
notice to you.
This Agreement is effective from your acceptance thereof, which
is indicated by the establishment of your account. If you are a
current CrucialHost client when this Agreement is activated, your
continued use of the Service constitutes your acceptance of this
Agreement.
1. Service
1.1. CrucialHost provides Website Hosting services, including, but
not limited to, Disk space for File Storage; FTP Access for uploading
and downloading files to and from your assigned account.
1.2. Any means of identification assigned to you by CrucialHost
(including username and IP address) will remain the property of
CrucialHost. CrucialHost reserves the right to alter or replace
these forms of identification at any time.
1.3. CrucialHost makes no guarantees as to the continuous availability
of the Service or any specific feature of the Service. CrucialHost
reserves the right to discontinue and/or change the Service or any
of its features at any time with or without notice.
2. Registration Requirements
2.1. In consideration of the Use of the Service, outlined below
in Section 3, Client certifies to CrucialHost that he/she is not
a minor. By accepting this Agreement, you represent that you are
at least 18 years of age.
2.2. You agree to provide CrucialHost with accurate, complete and
up-to-date billing information, including your legal name, electronic
mail (e-mail) address, home address, and telephone number. All changes
to this information must be reported to CrucialHost within 30 days
of the change.
2.3. By accepting this Agreement, you agree that you are responsible
for all charges posted to your account until you close the account
as specified in Section 11. If any information provided by you is
inaccurate, not current or incomplete, CrucialHost retains the right
to suspend or terminate your account.
3. Use of the Service
3.1. You, and those you authorize, are the only individuals who
are authorized to access the Service through your account. You must
ensure that all authorized users on behalf of your account comply
with this Agreement.
3.2. You are responsible for maintaining the confidentiality of
passwords used by yourself or any authorized user for your account.
3.3. You will not use the Service or permit others to use the Service
through your account in any way that violates any law or regulation;
subjects CrucialHost to liability; or is in any violation of the
CrucialHost Terms of Service Agreement.
4. User Conduct
4.1. You agree to be solely responsible for the content of your
transmissions through the Service. You acknowledge that CrucialHost
simply acts as a passive conduit for the distribution and transmission
of data.
4.2. You may now resell multi hosted accounts.
4.3. You agree that your use of the Service is subject to all applicable
local, state, national and international laws and regulations. Furthermore,
you agree that you recognize that violation of any such laws, rules
and regulations shall be cause for immediate termination, without
notice, of your account at the sole discretion of CrucialHost.
5. Unacceptable Use of Service
5.1. Illegality in any form, including, but not limited to, activities
such as unauthorized distribution or copying of copyrighted software;
violation of U.S. or International export restrictions; harassment;
fraud; drug dealing; intentionally inflicting emotional distress;
violating trademarks; copyrights; and other intellectual property
rights.
5.2. We reserve the right to remove permission to access the Service
if we suspect security violation attempts involving your account,
whether directly deliberately caused by you or not.
5.3. Spamming, to send unsolicited commercial email or newsgroup
posts, from the server or involving your domain.
5.4. Mail bombing, sending of large files or emails to other users
against the request of an Internet user, whether or not our servers
are used.
5.5. Violations of system or network security is prohibited, and
may result in criminal and civil liability. Examples include, but
are not limited to, the following: Unauthorized access, use, probe,
or scan of a systems security or authentication measures, data or
traffic. Interference with service to any user, host or network
including, without limitation, mail bombing, flooding, deliberate
attempts to overload a system and broadcast attacks.
5.6. The use of programs that consume an excessive amount of CPU
run time or Random Access Memory (RAM) on the server.
5.7. Unacceptable site content, links, storage and/or distribution
including, but not limited to, pirated software or programs which
are intended or used for security violation purposes ("cracking
software"); "Warez Sites"; "IRC Bots";
pornography; nudity; sexually explicit or offensive material; and
defamatory, scandalous, or private information about a person without
their consent.
ALL FORMS OF 'UNACCEPTABLE USE OF SERVICE' ARE STRICTLY FORBIDDEN.
EVIDENCE OF SUCH MATERIAL WILL BE CAUSE FOR IMMEDIATE TERMINATION
OF SERVICE. CRUCIALHOST WILL BE THE SOLE ARBITERS AS TO WHAT CONSTITUTES
A VIOLATION OF THIS PROVISION. CRUCIALHOST WILL NOTIFY THE APPROPRIATE
LAW ENFORCEMENT DEPARTMENT IF SUCH VIOLATION IS A CRIMINAL OFFENSE.
6. Fees
6.1. Setup fees 'where applicable) are non-refundable. CrucialHost
does not issue refunds for fees paid in advance or for fees and/or
payment made towards your account after the first 15 days of Service.
6.2. Current pricing for CrucialHost services may be obtained by
sending an email to: billing@crucialhost.com
CrucialHost reserves the right to change prices, rates and/or institute
new charges/fees at any time upon 30 days prior notice.
6.3. A service charge, up to the maximum allowed by the state you
reside in, will be assessed to your account for each check that
is returned to CrucialHost for insufficient funds.
6.4. Payment must be made towards your account on its assigned due
date. If your account is delinquent, your account may be suspended
or terminated at the sole discretion of CrucialHost.
IF YOUR ACCOUNT INCURS CHARGES WHICH ARE DENIED BY YOUR FINANCIAL
INSTITUTION, CRUCIALHOST RESERVES THE RIGHT TO RE-BILL FOR THOSE
CHARGES, REGARDLESS OF YOUR ACCOUNT STATUS.
CrucialHost may, at its sole discretion, charge a fee of US.00 or
greater to reinstate a suspended account.
6.5. If you believe that CrucialHost has billed you in error, you
must contact the Billing Department within 30 days of the invoice
or transaction date of the charge. Refunds or adjustments will not
be given for any charges billed in error which are more than 30
days old.
7. Disclaimer of Warranties
7.1. You assume full responsibility and risk for use of the Service
by you and your authorized users. The Service is provided on an
"as is" and "as available" basis. CrucialHost
does not warrant that the Service will be uninterrupted or error-free.
CrucialHost makes no express or implied warranties, representations
or endorsements including, but not limited to, warranties of title,
non-infringement or implied warranties of service or fitness for
a particular purpose regarding all information or service provided
through CrucialHost. No advice or information given by CrucialHost,
its employees, affiliates or contractors shall create a warranty.
7.2. CrucialHost shall not be liable for any costs or damages arising
directly or indirectly from use of the Service. It is solely your
responsibility to evaluate the accuracy, quality, completeness,
and usefulness of all opinions, advice, services, and other information
provided through the Service.
8. User Remedies
8.1. If you are dissatisfied with the Service or any of its terms,
conditions, rules, policies, guidelines, or practices, your sole
and exclusive remedy is to terminate this Agreement and discontinue
using the Service by closing your account by one of the methods
outlined in Section 11.
8.2. Under no circumstances shall CrucialHost, its employees, affiliates
or contractors be liable for any direct, indirect, incidental, special,
punitive, or consequential damages that result in any way from any:
use of your account or the Service or your inability to use the
Service; your reliance on or use of information, services or merchandise
provided on or through the Service or that result from mistakes,
omissions, interruptions, deletion of files, errors, defects, delays
in operation or transmission, or any failure of performance.
9. Indemnity
You agree to defend, indemnify, and hold CrucialHost and its affiliates
harmless from any and all liabilities, costs, and expenses, including
reasonable attorneys' fees, related to or arising from: any violation
of this Agreement by you or those who access this Service through
your account; the use of the Service or the Internet in general;
and the placement or transmission of any message, information, software,
or other materials on the Internet by you or by those who have access
to the Service through your account.
10. Termination of Agreement
10.1. You may terminate this Agreement by using the methods outlined
in Section 11 of this Agreement. Your termination will only be complete
upon your receipt of a confirmation number from CrucialHost. You
will receive this confirmation number via Electronic Mail. Charges
to your account will stop accruing the day you receive your confirmation
number. CrucialHost will not issue refunds for fees paid in advanced
or for accounts that have been activated passed the 15-Day Money
Back Guarantee mark.
10.2. CrucialHost may terminate this Agreement at any time without
cause upon 30 days prior notice; or; immediately if you or any person
who has access to the Service through your account, commit a material
breach of this Agreement including, but not limited to, a breach
of any obligation imposed under Sections 2, 3, 4, 5 or 6 or if you
fail to pay any charges within 10 days of the date they accrue.
10.3. Upon termination of this Agreement, all rights granted to
you or your authorized users under this Agreement shall immediately
cease and terminate.
10.4. Termination from this Agreement does not release you from
the obligation to pay all accrued charges under this Agreement.
10.5. Sections 6, 7, 8, 9, and 11 shall survive termination of this
Agreement, CrucialHost retains the right to enforce these provisions
regardless of account status.
11. Closing an Account
11.1. You may close your account by one of the following methods:
Send request via fax to 508.363.3753
Send request via e-mail to admin@crucialhost.com
The request must meet the following criteria:
Include your account information
(domain name, username, and password)
Failure to enforce strict performance of any provision
of this Agreement shall not be construed as a waiver.
This Agreement shall be governed by and construed in accordance
with the laws of the State of Massachusetts, USA, without regard
to its conflicts of law provisions. You consent to the personal
jurisdiction of the federal and state courts having jurisdiction
for Massachusetts, USA, with respect to all disputes arising out
of this Agreement, your use of the Service or otherwise between
you and CrucialHost. Any cause of action you may have with respect
to the Service must be commenced within six (6) months after the
claim or cause of action arises or such claim or cause of action
is barred.
This Terms of Service Agreement constitutes the entire Agreement
between you and CrucialHost with respect to the Service.
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