ACCEPTABLE USE POLICY
Traxworks Hosting
Last Updated March 25, 2004
The use of Traxworks Hosting services constitutes acceptance and agreement to our Acceptable Use Policy and Terms of Service.
Our company reserves the right to change the Acceptable Use Policy at any time. Please read our policy before ordering. Users are expected to pay in timely manner regardless of our policy after you have agreed to it.
Service Fee:
Customers should be aware of new pricing from time to time. Traxworks Hosting will announce its service rates to all of its customers in case changes are made. However, subscribers who have signed up previously with another rate will stay at the same rate. Traxworks Hosting honors all its rates.
Payment and Fees:
Customers acknowledge that payments are due on the date they originally signed up on. Late payments are not assesed but it may lead to the termination of an account. Please be aware that payments are made monthly or anually. Traxworks Hosting agrees to have a 10 days grace period until an account is suspended due to late payment.
Failure to Pay:
Traxworks Hosting reserves the right to temporarily deactivate accounts upon the failure of the subscriber to pay charges when due.
30-Day Money Back Guarantee:
To illustrate our commitment of quality service, we are offering our customers full refund if disatisfaction on our hosting serives is expressed within 30 days from date of account activation. To request this, please login to the client area and click "Cancel". Refunds will be mailed in the form of PayPal or PaySystems, depending on how you made the payment. Extra service fee will not be refunded. This includes domain registration fee, dedicated ip fee, and other fees charged outside of the basic hosting package fee.
Support Boundaries:
Traxworks Hosting provides customers with various form of support facilities such as email support, Support Forum, and IM support. We limit our technical support to our area of expertise. Traxworks Hosting provides support to your server functions, and on matters limited to the contents of our prepared FAQ's. Traxworks Hosting provides limited support on matters involving scripts programming. We encourage our clients to go over our forum for answers to your queries.
Bandwidth and Disk Usage:
Customers acknowledge that Traxworks Hosting has the right to take corrective actions should the customer exceeds the number of Megabytes of disk space and bandwidth allocated for the hosting plan ordered. Such corrective action may include the assessment of additional charges in accordance to the fees provided by the Company, or temporary deactivation of service.
Miscellaneous Provisions:
The customer acknowledge that all contact information, mailling address, email address, and telephone contacts provided during the ordering process are correct and true.
Subscribers acknowledge that the service provided by Traxworks Hosting is of such nature that service can experience interruption for many reasons, other than the negligence of our Company. Subscribers agree that Traxworks Hosting is not liable for any damages arising from such causes beyond the direct control of Traxworks Hosting.
Traxworks Hosting reserves the right to suspend service of customers who, in the Company's judgement is the source of violations of any of the terms mentioned in our Acceptable Use Policy. Traxworks Hosting also reserves the right to ammend its policies at any time.
You, as Traxworks Hosting customers, are solely responsible for the contents of your website hosted by Traxworks Hosting.
VIOLATION OF ANY SECTION OF THE AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM TRAXWORKS.
Any questions or comments regarding the AUP should be directed to abuse@traxworks.net.
Compliance with Law
Customer shall not post, transmit, re-transmit or store material on or through any of Services or Products which, in the sole judgment of the Company (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons") or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Customer. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.
System and Network Security
Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. Traxworks investigates all incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected.
Examples of system or network security violations include, without limitation, the following:
Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses and other executables intended to inflict harm).
Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a serve or account that the Customer is not expressly authorized to access. For purposes of this section, "disruption" includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing and forged routing information.
Executing any form of network activity that will intercept data not intended for the Customer's server.
Circumventing user authentication or security of any host, network or account.
Interfering with or denying service to any user other than the Customer's host (example: denial of service attack or distributed denial of service attack).
Using any program script/command, or sending messages of any kind, designed to interfere with or to disable, a user's terminal session, via any means, locally or via the Internet.
Failing to comply with the Company's procedure relating to the activities of Customers on the Company's premises. Violators of the policy are responsible, without limitations, for the cost of labor to correct all damage done to the operation of the network and business operations supported by the network. Network interference by any Customers that may cause or is currently causing network interference with another Customer will be disconnected immediately. No service credits will be issued to Customers disconnected for network violations.
Child Pornography
Traxworks will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over Traxworks network, and will be liable for illegal material posted by their clients.
According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.
Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT
Email Policy
Mass Mailings. Traxworks has a zero stance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Traxworks whether or not the message actually originated from our network.
Mailing Lists: Traxworks's mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal by all end Customers with non-distribution in the future.
If your actions have caused Traxworks mail servers or Traxworks IP address ranges to be placed on blackhole lists and other mail filtering software systems used by companies on the internet, you will be assessed a $500 charge to your account and $250 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.
IRC Policy
IRC Servers are not allowed.
Suspension and Cancellation
Traxworks reserves the right to suspend service to any Customer located in our datacenter for violation of the AUP. Traxworks will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. Traxworks reserves the right to terminate service without notice for continued and repeated violations of the AUP.
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