PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING ANY SERVERSIDE, INC. (ServerSide) NETWORK OR SYSTEM. BY USING ANY SERVERSIDE SERVICE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS SERVERSIDE’S NETWORK OR SYSTEMS.
Purpose
This document constitutes ServerSide's Acceptable Use Policies and it describes the guidelines that ServerSide uses in providing hosting and network services to its customers and the rules to which ServerSide customers must adhere in order to continue to enjoy and allow others to enjoy optimum use of ServerSide's hosting and network services.
Application
This policy is applicable to all ServerSide customers.
A breach of any of the terms and conditions of this policy by any ServerSide customer is strictly prohibited and may lead to the immediate suspension or termination of your account, without notice. All ServerSide customers must take responsibility for distribution, publication and enforcement of the ServerSide Acceptable Use Policies at their sites.
Responsible Usage
You must take responsibility for your actions while using ServerSide's network and systems. If you act recklessly or irresponsibly and your actions endanger ServerSide's network or systems or adversely impact other ServerSide customers your account may be immediately suspended or terminated at any time, without notice.
Resource Usage
No network or system has unlimited resources. ServerSide requires you to act responsibly when consuming resources on ServerSide's network and systems. If you unreasonably consume resources on ServerSide's network and systems, your account may be immediately suspended or terminated at any time, without notice.
Customer shall not use and abuse ServerSide's electronic mail, web servers or other Internet related facilities for the distribution of mass mailings. List Hosting services can be provided under a separate service contract.
Secure Usage
ServerSide requires you to take responsibility for maintaining the security of your ServerSide service. Protection of the security aspects of your service, like account names and passwords, are your responsibility. Subsequent illegal usage of your service by a third party will result in you being responsible for the service charges incurred.
Unlawful or Unauthorized Usage
General
ServerSide's services may only be used for lawful and authorized purposes. Storage, transmission or distribution of any material in violation of State or Federal legislation is strictly prohibited. This includes copyright material, material legally judged as threatening or obscene, or material protected by trade secret.
Unauthorized Usage
Any attempt to access or modify unauthorized computer system information or to interfere with normal system operations, whether on the equipment of ServerSide or any computer system or network that is accessed by our services, may result in the immediate suspension or termination of your account.
Unauthorized activities include, but are not limited to, guessing or using passwords other than your own, accessing information that does not have public permission or belong to you, and/or accessing any system on which you are not welcome.
Any attempt to disrupt or interfere with users, services or equipment, may result in the immediate suspension or termination of your account. Disruptions include, but are not limited to, distribution of unsolicited advertising, web site "spamvertising", spamming, monopolization of services, propagation of or transmission of information or software which contains, computer worms, Trojan horses, viruses or other harmful components, using the network to make unauthorized entry to any other machine accessible via ServerSide, sending harassing or threatening e-mail, and forgery or attempted forgery of e-mail messages and Usenet news postings.
You will be held liable for, and indemnify ServerSide for all costs and damages, attributable to your unauthorized activities or disruptions.
Illegal or Fraudulent Usage
You must not use, or allow any other person to use ServerSide's network and systems for any activities of an illegal or fraudulent nature, including any activities prohibited under the or under other applicable State and/or Federal Laws.
Copyright
It is your responsibility not to store on any ServerSide system, transfer or cause to be transferred over the ServerSide network, reproduce or make available for distribution through the ServerSide network, any data where the storage, reproduction, transfer, or distribution of, that data is in violation of Copyright Law.
Content
ServerSide does not and cannot monitor or control the content and information accessed via ServerSide; ServerSide only provides hosting services. ServerSide shall not be held responsible in any way for the content of the information accessed via ServerSide or offered for public access via ServerSide.
It is you and/or your users and customers' responsibility to avoid whatever is found to be offensive or obscene on any system. You and/or your users and customers must take responsibility for the material placed on ServerSide's network and systems, and the statements made in mediums including, but not limited to, web pages, e-mail, chat or discussion forums and Usenet news.
Content providers must clearly identify material unsuitable for minors and refrain from contributing prohibited material, including, but not limited to, material deemed obscene under the Classifications (Publications, Films and Computer Games) Act 1995. Failure to comply with relevant legislation by you or your users and customers may lead to the immediate suspension or termination of your account.
ServerSide DOES NOT host adult content or pornographic materials of any kind.
SPAM or Bulk Unsolicited E-Mail
Spamming refers to the act of sending, supporting, assisting, or commissioning the sending of unsolicited commercial messages over the Internet to others. 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 individuals that have explicitly requested the information from you. Spamming is considered harmful because it can overload the ServerSide's server network, can disrupt service to our other customers, violate our terms of service with "upstream providers," and foster a negative perception toward ServerSide. Spamming includes, but is not limited to, any means of Internet-based transmissions, such as email, newsgroup, Internet fax or Internet phone.
It is a violation of ServerSide's Acceptable Use Policies to commission spamming by a third-party, even if that third-party does not use ServerSide systems, networks or resources, if the spam message contains any reference to a website hosted by us or contains any other reference, message or link attributable to any service, network or system of ServerSide.
Forging Headers
Forging Headers refers to the act of altering, removing or misrepresenting email headers, whether in whole or in part, to mask the originator of the email. Like spam, forging headers is harmful to our servers and compromises our reputation.
Spamming Newsgroups
Spamming Newsgroups by sending, or commissioning the sending of, commercial advertisements or other messages to one or more different, off-topic newsgroups, are unwelcome in most Usenet discussion groups and on most electronic mailing lists (discussion lists). If you are unsure about a posting to a Usenet group, please refer to the newsgroup or mailing list's charter to determine if advertising is allowed.
Investigation by Authorities
ServerSide reserves the right to act in any appropriate manner, where there are reasonable grounds for suspecting that illegal or unacceptable usage of the ServerSide network and systems is occurring. ServerSide co-operates fully with State and Federal authorities and other bodies investigating unlawful behavior on or via its network or systems. ServerSide reserves the right to suspend your account if your usage of its network or systems is subject to any investigation whatsoever.
Harassment
Harassment represents the act or intention of intimidating, threatening, frightening or otherwise harassing others, using company servers, networks and infrastructure. Harassment can result from the language of correspondence, or the frequency or size of messages. A single unwelcome message can be considered harassment. Additional messages sent to an unwilling recipient, after being requested to stop by that recipient, can also be construed as harassment.
Complaints
To report a violation of ServerSide's Acceptable Use Policies, please send details, including any documentation, article or email to abuse@serverside.net.
Account Billing & Service Termination
ServerSide Invoices that are transmitted via email or via postal mail are due 30 days from the date of the invoice. Automatic Credit/Debit Card and ACH Customers will be charged no more than 5 days before the invoice due date and an email receipt will be sent to the Customer's administrative email address. When any account is past due for a period of more than 15 days, ServerSide, in its sole discretion, may suspend or terminate Customer's account for non-payment, without notice.
A reconnection fee equivalent to the current installation/setup fee will be assessed and must be paid before the account is reactivated. Discounted setup charges or other discounts as a result of any promotion(s) or special offer(s) will not be applied to service reconnection fees. After Customer's service is suspended for non-payment, a security deposit may be required (at the sole discretion of ServerSide) to reactivate service. There will be no refund or credit by ServerSide to Customer for the time period for which service is suspended. Customer will continue to be billed and is liable for all ServerSide charges until service is permanently disconnected which will occur 30 days after suspension of service.
When service is permanently terminated for non-payment, the full amount due under Customer's contract (if one exists) or balance due for month to month services that have been provided to Customer will immediately be sent to collections and Customer will be liable for all legal and collections fees in addition to all service fees and/or early termination fees.
When service is permanently terminated for any reason, ServerSide reserves the right to delete all Customer files, data, email account and email messages from its servers and tape backup systems.
To cancel a ServerSide account, Customer must have fulfilled all of Customer's obligations under Customer's contract (if one exists) and must have paid for all services rendered if Customer is using ServerSide's services on a month to month basis without a contract. ServerSide requires at least 30 days written notice via email or via postal mail for any account cancellation.
The terms and conditions specified in this document are subject to change from time to time without notice, however all changes will be posted to http://www.serverside.net/aup.aspx which will always contain the most current version of these policies.
Disclaimer of Liability
ServerSide disclaims all liability for, and does not accept any responsibility for anything that may happen to you or your equipment, or any loss incurred by you through use of ServerSide, the use of any of the services provided by ServerSide, or the suspension or termination of your account by ServerSide. This disclaimer of liability does not supersede or replace any other obligation expressly provided for in any ServerSide Agreement.