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 Surge-Host 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 -- Violation of copyrights held by individuals and
corporations or other entities can result in civil and criminal liability for
the infringer, and can involve the WHP in litigation and possible loss of
reputation.
Customer Support – Surge-Host 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.
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 Surge-Host cannot
provide technical support for any software and/or script that the Customer
installs, other than variable name changes. Customer also acknowledges that
Surge-Host does not supply technical support for Microsoft FrontPage, other
than initial configuration. Surge-Host supplies technical support for
webhosting issues only. Surge-Host 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 – Surge-Host 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,
Surge-Host 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.
Complaints about violators of our policies should be referred to info@Surge-Host.
Each complaint will be investigated