PRIVATE
LABEL RESELLER PLANS - Acceptable Use Policy (this is applicable in
addition to regular AUP)
CW3 Web Hosting reserves the right to change this Policy any time, so please,
check this page at least once a month or when in doubt. CW3 Web Hosting
strives to provide the best possible service to all our customers, but we
will not tolerate any unlawful activity or abuse on our servers. We respect
freedom of speech and expression unless it is harmful to others. These brief
guidelines are imposed to protect you, other CW3 Web Hosting customers and
us against such harm.
Payment Policies, Fees, Refunds and Terms of Agreement:
Full payment is required before any hosting service is rendered, which includes
renewals. All payment-due notices will be sent by electronic mail. No bills
or invoices will be sent by postal mail or fax. Prepayment is due each anniversary
following the date the account was established. Billing will continue until
you cancel your hosting account. You may cancel at anytime. As a policy,
we do not offer credits or refunds for hosting time already expended.
We do give
refunds for full months unused, should you want to cancel prepaid service.
If you decide to cancel after prepayment, you will not receive a refund
for the current month in use (We do not give partial months refunds).
If you have prepaid and received a multi-month discount, upon cancellation
we will figure the refund retroactively withdrawing the discount back
to the start date of the contract. This will result in paying full un-discounted
price for the months used and refunding the balance. This only applies
to cancellation by the client. If cancellation is done by CW3 Web Hosting
due to restrictions violation, there will be no refund. CW3 Web Hosting
will only allow for the discount if cancellation is not the fault of the
client, as determined by CW3 Web Hosting. All monetary transactions are
in $US dollars. Additional features can be added at any time. Monthly
feature prices are not prorated. CW3 Web Hosting reserves the right to
change prices at any time.
Account Cancellation:
You may cancel at anytime. To cancel your account, please contact Customer
Billing Service at billing@cyberweb3.net. Notification of cancellation
must be received at least five business days prior to your cycle date,
with the cycle date being the day of the month you sign up, in order to
avoid charges in full for the next cycle. It is the Clients Responsibility
to secure email confirmation from CW3 Web Hosting that account has been
cancelled. If the client has not yet received email confirmation of account
cancellation, then the account remains active, and you will continue to
be invoiced.
If Client
has a balance due at the time of cancellation, this balance must be paid
in full. Cancellation does not absolve Client of any outstanding financial
obligations.
Indemnification Policy:
You agree to use all CW3 Web Hosting services and facilities at your own
risk. CW3 Web Hosting specifically disclaims all warranties of merchantability
and fitness for a particular purpose. In no event shall CW3 Web Hosting
be liable for any loss, or loss of data, or other commercial damage, including
but not limited to special, incidental, consequential or other damages.
Customer agrees that it shall defend, indemnify, save and hold CW3 Web
Hosting harmless from any and all demands, liabilities, losses, costs
and claims, including reasonable attorneys fees asserted against
CW3 Web Hosting, its agents, its customers, officers and employees, that
may arise or result from any service provided or performed or agreed to
be performed or any product sold by customer, its agents, employees
or assigns. Customer agrees to defend, indemnify and hold harmless CW3
Web Hosting against liabilities arising out of:
(1) any
injury to person or property caused by any products sold or otherwise
distributed in connection with CW3 Web Hostings server;
(2) any material supplied by customer infringing or allegedly infringing
on the proprietary rights of a third party;
(3) copyright infringement and
(4) any defective products sold to customer from CW3 Web Hostings
server.
CW3 Web Hosting
shall be the sole judge of what violates this Policy.
SPAM Policy:
CW3 Web Hosting is committed to a zero-tolerance, anti-Spamming policy.
Under this policy, we prohibit Spam, or any unsolicited commercial email,
from being sent either: Over the CW3 Web Hosting network, by customers
or any other users of the CW3 Web Hosting network (including customers'
customers); AND/OR over ANY network if the message sent advertises
or mentions a site hosted on the CW3 Web Hosting server.
We react
quickly and seriously to violations, and we further reserve the right
to terminate the services, without prior notice, of any customer disregarding
this policy. Sending unsolicited commercial email (a.k.a. "spam"),
cross-posting messages to a large number of usenet groups, posting obscene
or threatening messages while using or referring to an CW3 Web Hosting
email address or web site URL is prohibited. The use of CW3 Web Hosting
servers as a mail drop for responses to activities described above is
also prohibited. Accounts canceled due to spam will be billed a "clean
up" fee of $500.
If you have
any complaints or comments regarding Spam on our network, please direct
them via email to abuse@cyberweb3.net
Content Policy:
All services provided by CW3 Web Hosting may be used for lawful purposes
only. Transmission, storage, or presentation of any information, data
or material in violation of any United States Federal, State or City law
is prohibited. This includes, but is not limited to: copyrighted material,
trademark, intellectual property, material we judge to be threatening
or obscene, or material protected by trade secret and other statute without
proper authorization. The subscriber agrees to indemnify and hold harmless
CW3 Web Hosting from any claims resulting from the use of the service
which damages the subscriber or any other party.
Pornography
and sex-related merchandising is prohibited on all CW3 Web Hosting servers.
This includes sites that may infer sexual content, or links to adult content
elsewhere. CW3 Web Hosting will be the sole arbiter in determining violations
of this provision.
Also prohibited
are sites that promote any illegal activity or present content that may
be damaging to CW3 Web Hosting servers or any other server on the internet.
Links to such materials are also prohibited.
Examples
of unacceptable content or links:
Pirated
software
Hacker programs or archives
Warez sites
CW3 Web Hosting does not host sites of its competitors or web pages
promoting sites of its competitors.
Any illegal
activity, including adult content, links to adult content web sites, spamming
or hacking will result in your site being shut down and all your files
deleted without warning.
CW3 Web Hosting
will be the sole arbiter as to what constitutes a violation of this provision.
CGI Scripts Policy:
Each account comes with its own cgi-bin. You are free to use any CGI scripts
you wish, however we reserve the right to disable any CGI script that
effects normal server operation or service to other CW3 Web Hosting customers.
You will be notified in 24 hours about offending cgi script. No chat room
or similar scripts allowed.
Some of the Banned Scripts (they're extremely intensive on the resources
which can cause havok. Especially when you have multiple people running
them at once):
UltimateBBS
(all versions)
Ikonboard (all versions)
UBB
Yabb
any soap mailers
nph-proxy
Proxy Servers
The Anonymizer
IRC Egg Drops+
Email Policy:
CW3 Web Hosting may not be the source, intermediary, or destination address
involved in the transmission of any unsolicited email, email bombs, hate
email, or any mass email. Your email account may not be referenced as
originator, intermediary, or reply-to address of such email. We consider
mass email any email message sent to more than 25 email addresses or more
than 10 news groups.
Chat Policy:
CW3 Web Hosting does not allow chat rooms unless chat rooms provided by
us. You can however link your site to a chat provider. Some examples of
chat providers are: www.humanclick.com, www.liveperson.com, and www.livehumanhelp.com.
Traffic Policy:
CW3 Web Hosting allows for very generous traffic, and most sites never
exceed 500MB per month, unless they offer shareware, sound, video, image
and multimedia archives, are mirror sites or any site whose primary purpose
is file distribution. CW3 Web Hosting customers are discouraged from storing
any files that cause excessive traffic on CW3 Web Hosting servers. Please
contact CW3 Web Hosting Technical Support team for more information. Again,
99% of the sites do not fall into this category and never reach our traffic
limits.
We reserve
the right to refuse service to anyone for any reason not prohibited by
law. Also we reserve the right to terminate service to any customer for
any reason not prohibited by law.
Any deliberate
attempt to cause damage to CW3 Web Hosting or any other Internet servers
will result in immediate account deactivation without prior notice. No
refund is given in this case.
All account
plans come with a predetermined amount of traffic allowance. We monitor
all accounts and bill $4.00 for each gig of traffic exceeded. You will
NOT be charged for transfer that you use beyond our generous data transfer
limits without prior notification. You can monitor your transfer at anytime
in your Control Panel.
Backups:
Full backups are made weekly, and backups of new/changed data made nightly.
No guarantees are made of any kind, either expressed or implied, as to
the integrity of these backups. Backups are made for server restoration
purposes only. It is the clients' responsibility to maintain local copies
of their web content any information. The "Backup Manager" is
included in each hosting plan and client can use this tool to back up
their files. If loss of data occurs due to an error of CW3 Web Hosting,
we will attempt to recover the date for no charge to the client. If data
loss occurs due to negligence of client in securing their account or by
an action of the client, CW3 Web Hosting will attempt to recover the data
from the most recent archive for a $50.00 fee.
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