Acceptable Use Policy
The Primary service of
Graphics, Etc... is to provide website design and/or hosting services to Non-Adult and Adult Webmasters.
Graphics, Etc... services are provided on an "as is, as available" basis.
The Customer is responsible for all use of the Customer's account.
Graphics, Etc... may change Customer's password or suspend Customer's account upon notification or suspicion that the account's security has been compromised.
Graphics, Etc... is not responsible for the data uploaded by the Customer.
At no time, and for no reason may
Graphics, Etc... be held liable for data, traffic, or revenue loss due to downtime or other related event.
Use of an Graphics, Etc... account is limited in use to the name that appears on file for the account.
Customer agrees to use the service in a manner consistent with any and all applicable laws and regulations of the United States of America, the State of Florida, and the Customer's locality. Reproduction or transmission of any material in violation of any local, state, U.S., or international law or regulation is strictly prohibited.
The following type of conduct is handled on a "one warning" basis. After the second incident of one of the following misconducts, the Customer's account will be deleted and all funds are forfeit. Warnings are issued when more than one complaint is received to the service from an outside source or a staff member at WebKingXXX Hosting notices the mis-conduct.
Using the Graphics, Etc... mail server for bulk-emailing. NO SPAM! Bulk-emailing is defined as sending out one message to more than 25 users or any other kind of emailing that may put strain on the
Graphics, Etc... mail server.
Harassment of other individuals on the Internet after being asked to stop by those individuals.
Sending unsolicited mass Emails advertising a site hosted by
Graphics, Etc... or any other action involving mass emailing that may receive negative response by outside parties. This can include Newsgroup posting and there may be a $25 fine per instance/complaint.
Impersonating another user on the Internet.
Attempts to gain access to other machines via
Use of robots or Daemons of any kind on an
Graphics, Etc... shell account.
Use of scripts that consume excess CPU time as determined by WebKingXXX.
The following type of conduct is strictly prohibited and will result in immediate account suspension.
Posting of any illegal material. This includes, but is not limited to, child pornography, beastiality, copyright infringements and some kinds of excretory content.
Posting of any material that has an extreme racist persuasion toward any ethnic, religous, or cultural group.
Attempts to gain access to Root on a server. This includes, but is not limited to, downloading password files, snooping through system directories, and installing root gaining programs such as rootkits.
Child Pornography: Federal child exploitation statutes define child pornography as visual depictions of "sexual intercourse" and/or "sexually explicit conduct", whether between minors of the same or opposite sex or lascivious exhibition of the genitals or pubic area of any minor person. Such visual depictions are illegal to possess, produce, receive, transport or distribute by any means, including computer.
Graphics, Etc... has the right to refuse service either before or after account setup is complete.
Graphics, Etc... has the right to collect damages for any harm that is done by Customer's account.
Graphics, Etc... has the right to change these policies and any time without notice or notification.
Graphics, Etc... is committed to protecting your privacy. Any information we collect will only be used to process orders, provide support or service, and assist in the resolution or diagnosis of system questions or problems.
We will never disclose to an unaffiliated third party the following information: (i) the files or materials residing on
Graphics, Etc...'s storage devices or its network of shared server computers which are not otherwise viewable from the Web; or (ii) your name, address, phone number, credit card, debit card, banking information, electronic funds transfer information, e-mail or alias e-mail address, or other specific personal identifying information, unless you provide express written permission in advance.
Be aware that Graphics, Etc... may disclose any or all of the foregoing if requested by any governmental or law enforcement agency, or directed to do so by a search warrant or court order.
Graphics, Etc... maintains a policy of cooperating with governmental and law enforcement agencies. In the event that any governmental or law enforcement agencies make an allegation that you are engaged in unlawful activities through use of the HOSTING SERVICE,
Graphics, Etc... reserves the right, in its sole discretion, to take any action it deems necessary or appropriate under the circumstances.
You hereby consent to the release of any of the above information without notice should
Graphics, Etc... deem it necessary and appropriate under the circumstances.
This Agreement, is made and entered by
Graphics, Etc... a Web Hosting Service, ("Provider"), and you, ("User").
Intending to be bound in accordance with the terms hereof, the parties agrees as follows:
A. Payment for Service:
1.User agrees to pay the charges identified on order on the 1st and before the 5th day of each month following execution of this agreement, together with any additional charges, costs or assessments made by Provider under the terms here.
2.User agrees that any unpaid balance due hereunder shall be subject to a 10% late charge, and that costs of collection, including court costs and reasonable attorney fees shall be added as principal amounts to such balance.
B. Use of Service:
1.User agrees to maintain its site in a manner consistent with any and all applicable laws, regulations, acceptable uses and standards in effect, or which become in effect, during the term hereof.
2.User agrees to practice common courtesy in its use of the site, and to refrain from using any distribution lists for electronic mail or other techniques for unsolicited mass mailing. Spamming of any kind is grounds for immediate termination and will result in a fine of $100.00 per email sent.
3.User agrees the Provider provides a multi-user system, and as such User may be asked to move to a dedicated server if his site uses up more than 20% of system resources.
C. Service Disclaimers:
1.Provider will take all steps reasonable, necessary and prudent to protect against failure of its equipment and software. User acknowledges and agrees that temporary interruptions in service may occur, and that Provider shall have no liability to User for any claim, cost, charge, loss or expense arising from or relating to use of the website.
2.User acknowledges and agrees that data may be lost or corrupted in connection with use of the website.
3.Provider reserves the right to alter the access procedure and its vendor relations without notice to, or authority from the User.
B. Term and Termination:
1.This agreement shall have an initial term of one month pro-rated from the date of execution hereof until the 1st of the month following and continuing on a month to month basis after, unless otherwise specified by sign up request. Upon expiration of such term, this agreement shall automatically renew for successive equivalent periods, unless notice is given by either party of its intent to terminate the agreement, at least one week prior to the scheduled termination date. However, the client will forfeit any monies paid in advance. An advance bill notification is sent out by our automated billing system 7 days before the next billing cycle so any changes made to account must be made before you receive your advance billing each month. All terms and conditions of this agreement shall be in full force and effect during all original and renewal periods hereunder.
2.User has 30 days from date of account setup to be eligible for a refund in the event of non-performance on the part of
Graphics, Etc.... If User requests a refund in this time period, User will receive a refund in the amount of their initial monthly payment. User will not receive a refund for any setup, scripting or "extras" fees.
3.Provider reserves the right to terminate this agreement, and to delete the website from its hardware, immediately upon the occurrence of any of the following events:
a. Non payment of any charges due from User.
b. Breach of any term or condition of this agreement by User.
c. Commencement of any lawsuit or proceeding against User arising from or relating to its use of the website, whether or not such suit names Provider as a party or seeks and recovery from Provider.
E. Indemnification of Provider/Relationship of Parties:
1.User agrees to indemnify and hold Provider harmless from any lawsuit, claim, charge, or expense, including reasonable attorney fees and costs of defense, for any matter arising from or relating to User's website provided hereunder.
2.Nothing contained herein shall be deemed to create a relationship between the Provider and User in the nature of a partnership, joint venture, editor/publisher or otherwise. Both parties acknowledge and agree that Provider has no interaction with the data or substance of User's website, except as necessary to maintain the website.
1.User agrees to take all steps reasonable, necessary, and prudent to protect User's login id and password.
2.User agrees not to attempt to undermine or cause harm to any server or customer of Provider.
3.User acknowledges that Provider cannot provide technical support for any software and/or script that the User installs, other than variable name changes.
1.The provider believes in freedom of speech. As long as the User's content does not break any Federal, State, or local laws it will be allowed to exist on the User's website.
2.Users are responsible for any content they place on their web site, or any content they allow.
3.Although the Provider will never sell the personal information of the User, the Provider will fully cooperate with all law enforcement if a User has suspected of having broken Federal, State, or local law.
4.The Provider reserves the right to remove any page(s) at any time.
H. Scope of Agreement:
This agreement incorporates the Acceptable Use Policy above and must be honored by all sub domains and dedicated servers of the Provider.
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