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By using our webhosting services, you agree to comply with our
policies. You are expected to use the Internet with respect,
courtesy, and responsibility, giving due regard to the rights
of other Internet users. We expect you to have a basic knowledge
of how the Internet functions, the types of uses which are generally
acceptable, and the types of uses which are to be avoided. Common
sense is the best guide as to what is considered acceptable
use. The following are unacceptable uses:
Illegality in any form, including but not limited to activities
such as unauthorized distribution or copying of copyrighted
software, violation of UK or U.S. export restrictions, harassment,
fraud, trafficking in obscene material, drug dealing, and
other illegal activities.
Interpretation
The provisions of this Policy are intended as guidelines
and are not meant to be exhaustive. Generally, conduct that
violates law, regulation, or the accepted norms of the Internet
community, whether or not expressly mentioned in this Policy,
is prohibited. Extrusion Media Ltd reserves the right at all
times to prohibit activities that damage its commercial reputation
and goodwill.
Illegal Use
Extrusion Media Ltd servers may be used only for lawful
purposes. Transmission, distribution or storage of any material
in violation of any applicable law or regulation is prohibited.
This includes, without limitation, material protected by copyright,
trademark, trade secret or other intellectual property right
used without proper authorization, and material that is obscene,
defamatory, constitutes an illegal threat, or violates export
control laws. Examples of non-acceptable content or links:
"Pirated software", "Hackers programs or archives",
"Warez Sites", "Irc Bots", "Mp3".
We will be the sole arbiters as to what constitutes a violation
of this provision.
System and Network Security
Violations of system or network security are 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. Forging of any TCP-IP packet header
or any part of the header information in an e-mail or a newsgroup
posting.
It is a violation for anyone who, including but not limited
to, employs posts or programs which consume excessive CPU
time or storage space, permits the use of mail services, mail
forwarding capabilities, POP accounts, or auto responders
other than for their own account.
Tortious Conduct
No one shall post defamatory, scandalous, or private information
about a person without their consent, intentionally inflicting
emotional distress, or violating trademarks, copyrights, or
other intellectual property rights.
Spamming
Sending unsolicited mail messages, including, without
limitation, commercial advertising and informational announcements,
is expressly prohibited. A user shall not use another site's
mail server to relay mail without the express permission of
the site.
It is contrary to Extrusion Media Ltd policy for customers
to use our servers to effect or participate in any of the
following activities:
To post to any Usenet or other newsgroup, forum, e-mail mailing
list or other similar group or list articles which are off-topic
according to the charter or other owner-published FAQ or description
of the group or list;
To send unsolicited mass e-mailings, if such unsolicited
e-mailings provoke complaints from the recipients;
To engage in any of the foregoing activities using the service
of another provider, but channeling such activities through
an Extrusion Media Ltd provided server, or using an Extrusion
Media Ltd provided server as a maildrop for responses;
To falsify user information provided to Extrusion Media Ltd
or to other users of the service in connection with use of
an Extrusion Media Ltd service.
When Extrusion Media Ltd becomes aware of an alleged violation
of its Acceptable Use Policy, Extrusion Media Ltd will initiate
an investigation (within 24-48 hours). During the investigation
Extrusion Media Ltd may restrict Customer's access in order
to prevent further possible unauthorized activity. If the
Customer is found in violation of our SPAM policy, Extrusion
Media Ltd may, at its sole discretion, restrict, suspend,
or terminate Customer's account and/or pursue other civil
remedies. Also, Extrusion Media Ltd reserves the right to
pursue civil remedies for any costs associated with the investigation
of a substantiated policy violation. If such violation is
a criminal offense, Extrusion Media Ltd will notify the appropriate
law enforcement department of such violation.
Extrusion Media Ltd does not issue service credits for any
outages incurred through service disablement resulting from
Policy violations.
The Customer shall be held liable for any and all costs incurred
by Extrusion Media Ltd as a result of the customer's violation
of these terms and conditions. This is including, but is not
limited to, attorney fees and costs resulting from Postmaster
responses to complaints from and the cleanup of unsolicited
commercial mailings and/or unauthorized bulk mailings and/or
news server violations. First violations will result in a
Cleanup Fee of £250 and the customers account
will be reviewed for possible immediate termination. A second
violation will result in Cleanup Fee of £500 and immediate
termination of the customers account. The Customer who
violates this policy agrees to also pay Investigation Fees
of no more than £125 per hour that Extrusion Media Ltd
personnel must spend to investigate any violations.
Modification
Extrusion Media Ltd reserves the right to add, delete,
or modify any provision of this Policy at any time without
notice.
Reporting Network Abuse
Any party seeking to report any violations Extrusion Media
Ltds policy may contact via e-mail: abuse@extrusionmedia.com.
Extrusion Media Ltd CUSTOMER SERVICE AGREEMENT
This is an agreement between you and Extrusion Media Ltd
Extrusion Media Ltd regarding your use of Extrusion Media
Ltd's computer, interactive information, communication and
server management service. This Agreement governs the terms
and conditions under which Extrusion Media Ltd makes the services
offered by Extrusion Media Ltd available to individual consumers
through a personal computer or similar access, or to individual
consumers or small businesses in connection with the "
Extrusion Media Ltd " webhosting or similar services.
Under this Agreement, you must comply with Extrusion Media
Ltd's then current "Acceptable Use Policy," as updated
from time to time by Extrusion Media Ltd, which can be viewed
at : http://www.extrusionmedia.com/aup.htm
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
1. Extrusion Media Ltd will host an account for you, the
purchaser (hereafter referred to as the Account Holder), for
the Account Holder's chosen domain name, for the period of
time (the Term) corresponding with the payment plan chosen
by the Account Holder. This contract will be automatically
renewed at the end of the Term and each successive renewal
term, unless terminated. We require notification of non-renewal
with at least 30 days notice but not more than 60 days prior
to the renewal date. You must have all account information
to cancel and fill out the form completely that is sent to
you. In order to cancel, please email info@extrusionmedia.com
specifying that you wish to cancel. You will be sent a cancellation
form and we must receive this at least 30 days before the
date on which you wish to have your account terminated. If
you do not provide this notice, you will be charged for the
next terms rate. There are no refunds on a la carte services.
2. Extrusion Media Ltd's services are 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.
Extrusion Media Ltd expressly disclaims any representation
or warranty that the Extrusion Media Ltd services will be
error-free, secure or uninterrupted. No oral advice or written
information given by Extrusion Media Ltd, its employees, licensors
of 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.
3. The Virtual Web Server Internet account and/or related
electronic services can only be used for legal purposes under
all applicable international, federal, provincial, and municipal
laws. Further, the Account Holder agrees not to store, transmit,
link to, advertise or make available any images containing
pornography. Violations of these or any other provisions of
this Agreement may result in termination of the services provided
by Extrusion Media Ltd, with or without the grant of a notice
or cure period, such notice or cure period to be granted at
the sole discretion of Extrusion Media Ltd based upon the
severity of the violation. Extrusion Media Ltd reserves the
right to refuse service if any of the content within, or any
links from, the Account Holder's website is deemed illegal,
misleading, or obscene, or is otherwise in breach of Extrusion
Media Ltd's then current Acceptable Use Policy, in the sole
and absolute opinion of Extrusion Media Ltd. Notwithstanding
anything in this Agreement, the content of the Account Holder's
website is the sole responsibility of the Account Holder.
The Account Holder agrees to indemnify and hold harmless Extrusion
Media Ltd from any and all claims, losses, damages, liabilities,
judgments, or settlements, including reasonable attorney's
fees, costs, and other expenses incurred by Extrusion Media
Ltd, (collectively, Claims) related to or in connection with
the content of the Account Holder's website. The terms of
this Section will survive any termination of this Agreement.
4. Account Holder acknowledges that the nature of the service
furnished and the initial rates and charges have been communicated
to the Account Holder. Account Holder is aware that Extrusion
Media Ltd reserves the right to change the specified rates
and charges from time to time.
5. The Account Holder agrees to follow generally accepted
rules of "Netiquette" when sending e-mail messages
or posting to newsgroups. Account Holder is responsible for
security of its password. Extrusion Media Ltd will not change
passwords to any account without proof of identification,
which is satisfactory to Extrusion Media Ltd, which may include
written authorization with signature. In the event of any
partnership break-up, divorce or other legal problems that
includes Account Holder, Account Holder understands that Extrusion
Media Ltd will remain neutral and may put the account on hold
until the situation has been resolved. Under no circumstances
will Extrusion Media Ltd be liable for any losses incurred
by Account Holder during this time of determination of ownership,
or otherwise. The Account Holder agrees to indemnify and hold
harmless Extrusion Media Ltd from any and all Claims arising
from such ownership disputes. The terms of this Section will
survive any termination of this Agreement.
6. The Account Holder agrees not to harm Extrusion Media
Ltd, its reputation, computer systems, programming and/or
other persons using Extrusion Media Ltd's services. Extrusion
Media Ltd reserves the right to select the server for Account
Holder's website for best performance. The Account Holder
understands that the services provided by Extrusion Media
Ltd are provided on a shared server. This means that one website
cannot be permitted to overwhelm the server with heavy CPU
usage, for example from the use of highly active CGI scripts
or chat scripts. If the Account Holder's website overwhelms
the server and causes complaints from other users, the Account
Holder has outgrown the realm of shared servers, and will
need to relocate it's website. Extrusion Media Ltd will refund
any unused portion of prepaid services. If the Account Holder
refuses to comply with this Section, then Extrusion Media
Ltd has the right to terminate the services provided to the
Account Holder without any refunds of the unused portion prepaid
by the Account Holder. The Account Holder agrees to indemnify
and hold harmless Extrusion Media Ltd and any other Account
Holder from any and all Claims resulting from the Account
Holder's use of the services provided by Extrusion Media Ltd
The terms of this Section will survive any termination of
this Agreement.
7. The Account Holder's rights and privileges under this
Agreement cannot be sold or transferred without the prior
written consent of Extrusion Media Ltd.
8. If the Account Holder sells or resells advertising or
webspace to a third party then the Account Holder will be
responsible for the contents of that advertising and the actions
of that third party. Extrusion Media Ltd has the absolute
right to reject any advertising or other third party content
that is illegal, offensive or otherwise in breach of the then
current Extrusion Media Ltd Acceptable Use Policy. The e-mail
distribution by the Account Holder of "SPAM", "JUNK
MAIL", or "UNSOLICITED COMMERCIAL E-MAIL",
is expressly prohibited. If the Account Holder refuses to
remove any advertising or other third party content deemed
objectionable by Extrusion Media Ltd, Extrusion Media Ltd
may terminate the services being provided to the Account Holder.
9. Extrusion Media Ltd will use its best efforts to maintain
a full time Internet presence for the Account Holder. The
Account Holder hereby acknowledges that the network may, at
various time intervals, be down due, but not restricted to,
utility interruption, equipment failure, natural disaster,
acts of God, or human error. In no event shall Extrusion Media
Ltd be liable to the Account Holder for any damages resulting
from or related to any failure or delay of Extrusion Media
Ltd in providing access to the Internet under this Agreement.
In no event shall Extrusion Media Ltd be liable to the Account
Holder for any indirect, special or consequential damages
or lost profits arising out of or related to this Agreement
or the performance or breach thereof. The aggregate, total
liability of Extrusion Media Ltd under this Agreement, if
any, shall in no event or circumstance exceed the total amount
actually paid by the Account Holder hereunder. The terms of
this Section will survive any termination of this Agreement.
10. This Agreement applies to all accounts, sub-accounts,
and alternative account names associated with your principal
account. The Account Holder is responsible for the use of
each account, whether used under any name or by any person,
and for ensuring full compliance with this Agreement by all
users of that account. A Extrusion Media Ltd account may not
be transferred without prior written approval from Extrusion
Media Ltd. The Account Holder is responsible for maintaining
the confidentiality of his/her password. In the event of a
breach of security through the Account Holder's account, the
Account Holder will be liable for any unauthorized use of
the Extrusion Media Ltd services, including any damages resulting
therefrom, until the Account Holder notifies Extrusion Media
Ltd's customer service.
11. If Extrusion Media Ltd assigns the Account Holder an
Internet Protocol address in connection with the Account Holder's
use of the Extrusion Media Ltd services, the right to use
that Internet Protocol address will remain with and belong
only to Extrusion Media Ltd, and the Account Holder will have
no right to use that Internet Protocol address except as allowed
by Extrusion Media Ltd in its sole and absolute discretion.
12. This Agreement constitutes the entire agreement between
the Account Holder and Extrusion Media Ltd with respect to
the Extrusion Media Ltd services and supersedes all prior
agreements between the Account Holder and Extrusion Media
Ltd. Extrusion Media Ltd's failure to enforce any provision
of this Agreement shall 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. The
terms of this Section will survive any termination of this
Agreement.
13. The parties shall attempt to resolve all disputes arising
out of this Agreement in a spirit of cooperation and with
a problem-solving mindset, without formal proceedings. Any
dispute, which cannot be so resolved, shall be subject to
binding arbitration upon the written demand of either party.
Arbitration shall take place in Orlando, FL or the UK. Should
any legal action permissible under this Agreement be instituted
to enforce the terms and conditions of this Agreement, in
particular the right to collect money due on unpaid invoices,
the prevailing party shall be entitled to recover reasonable
attorney's fees and expenses incurred at both the trial and
appellate levels. The terms of this Section will survive any
termination of this Agreement.
14. The Account Holder agrees to indemnify and hold Extrusion
Media Ltd harmless from any and all Claims resulting from
or connected with any activities conducted by the Account
Holder. The Account Holder and Extrusion Media Ltd will promptly
notify the other upon receipt of any Claim or legal action
arising out of activities conducted pursuant to this Agreement.
The rights and responsibilities established in this paragraph
will survive any termination of this Agreement.
15. Extrusion Media Ltd may include the Account Holder's
name and contact information in directories of Extrusion Media
Ltd service subscribers for the purpose promoting the use
of the services by additional potential clients. However,
Extrusion Media Ltd is not authorized to print the Account
Holder's name, trademarks or other identifying information
in any other advertising or promotional materials without
the prior written consent of the Account Holder.
16. The interpretation and enforcement of this Agreement
shall be governed according the laws of the state of Florida
(excluding its choice of law rules) and the federal laws of
United States applicable therein together with the applicable
laws of the United Kingdom. The Account Holder hereby consents
to personal jurisdiction in the federal and provincial courts
of Orlando, Florida or the United Kingdom for any action arising
out of or relating to the Account Holder's use of the Extrusion
Media Ltd services. The federal and provincial courts of Orlando,
Florida or the United Kingdom 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.
17. Notices required by this Agreement shall be in writing
and shall be delivered either by personal delivery or by mail.
If delivered by mail, notices shall be sent by any express
mail service; or by certified or registered mail, return receipt
requested; with all postage and charges prepaid. All notices
and other written communications under this Agreement shall
be addressed to the individuals in the capacities indicated
below, or as specified by subsequent written notice delivered
by the party whose address has changed.
18. Because the Internet is a global communication tool,
and we have clients from nearly every country in the world
it is difficult to dictate what is considered "adult
material." However, it is not our function to discriminate
against those who choose to utilize adult content or adult
related material. This being said, there are still several
reasons why Extrusion Media Ltd has been forced to create
its no adult sites policy for its virtual server users.
19. All accounts and services provided by Extrusion Media
Ltd are subject to the current tax rate as imposed by the
United Kingdom upon customers in the UK which is currently
17.5%. 100% of the monthly service charge is subject to the
17.5% tax rate. 100% of the setup fee, where applicable, is
subject to the 17.5% tax rate. The above applies to all accounts
and services provided by Extrusion Media Ltd. This tax applies
only to customers resident in the United Kingdom or the European
Union (who do not have a valid VAT registration number). Customers
outside of the United Kingdom and European Union are not required
to pay the tax.
20. Extrusion Media Ltd may temporarily deny service or terminate
this Agreement upon the failure of Account Holder to pay charges
when they become due. Such termination or denial will not
relieve the Account Holder of responsibility for the payment
of all accrued charges, plus reasonable interest and any collection
fees.
What does Extrusion Media Ltd consider "Adult Material?"
Any site whose revenue is gained in part or whole from
its adult content.
Photos or videos showing frontal nudity on either men or
women for non-scientific or non-artistic purposes.
Revenue-generating hyperlinks to sites who violate policy
#1.
Why does Extrusion Media Ltd have this policy?
Bandwidth and Resources
A virtual server is a shared environment where many servers
reside on each particular machine. This being said, consider
that an average "adult site" gets more hits than
100 standard websites. Some of the smaller adult sites get
around 5 GB of transfer per day. With these types of resources
being utilized, our servers would be severely slowed if we
allowed these high traffic sites to also reside on our servers.
On top of that, we would be forced to raise our prices to
pay for the additional bandwidth. We strive to keep our servers
fast and inexpensive, and our bandwidth clear; therefore,
adult sites are not an option.
Extrusion Media Ltd reserves the right to decide what it
considers "adult content", "adult material",
"sexually explicit", or "sexually related".
Let us know if you are unsure of the approval of your site
before placing an order.
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