Hosting Terms
Acceptable Use Policy (AUP) and Terms of Service (TOS)
Central Mass Web Design, Inc. agrees to provide the web hosting for the client for a monthly or annual fee. Clients are allowed to use the service for business/commercial or personal websites or content.
Content:
All services provided by Central Mass Web Design, Inc. may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States' (or any other country's) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is "adult only" content or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless Central Mass Web Design, Inc. from any claims resulting from the use of the service which damages the subscriber or any other party.
Adult Content:
Pornography and sexually-related merchandising are prohibited on any server. This includes sexual content, or direct links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. Central Mass Web Design, Inc. will be the sole arbiter as to what constitutes a violation of this provision.
Examples of non-acceptable content or links:
- Pirated software
- Hacking programs or archives
- Warez Sites
- Porn
- Spamming Software
Background-running Programs:
We do not allow background-running programs. This includes any IRC related software such as bouncers and bots. However; in certain cases we may allow programs to run continually in the background. These requests are considered on an individual basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
Banned Scripts:
You are free to use any scripts you wish, provided they do not affect the normal operations of the server and they are not mentioned specifically below. Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, Central Mass Web Design, Inc. reserves the right to disable the account pending client cooperation and resolution.
Scripts we do not allow include:
- Chat servers/scripts of any kind are strictly prohibited.
- Formmail is not allowed on our servers. You can use formmail scripts but they must be up to date and not running with the filename "formmail". Any files named "formmail" will be deleted without notice.
Distribution and/or Transmission of Obscene or Indecent Speech or Materials:
Violation of indecency and obscenity laws can result in criminal penalties. Central Mass Web Design, Inc. will be the sole arbiter as to what constitutes a violation of Obscene or Indecent Speech or Materials.
Intellectual Property Rights:
Material accessible to you through Central Mass Web Design's Services may be subject to protection under United States' (or any other country) copyright laws or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Central Mass Web Design, Inc. Service in a manner that would infringe, violate, dilute or misappropriate any such rights; with respect to any material which you access or receive through the Central Mass Web Design, Inc. Network. If you use a domain name in connection with the Central Mass Web Design, Inc. Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Network Security:
Customers may not use the Central Mass Web Design, Inc. Network with the intent of circumventing user authentication or security of any host, network or account. This includes; but is not limited to, accessing data not intended for the client, logging into a server or account the client is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host or network. This includes; but is not limited to, flooding, mail bombing or other deliberate attempts to overload or crash a host or network. Central Mass Web Design, Inc. will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
Defamation:
Defamatory speech distributed over the Internet can result in civil liability for the defamer.
Refusal of Service:
Central Mass Web Design, Inc. reserves the right, as its sole discretion to refuse or cancel service. Violation of any of Central Mass Web Design's Rules and Regulations could result in a warning, suspension or possible account termination. Accounts terminated due to policy violations will not be refunded. Free domains which have been granted for customers paying annually are released to the client at the end of their hosting period. Domains terminated due to policy violations will not be released to the client.
Spam Or Unsolicited E-Mail:
You must not use the Central Mass Web Design, Inc. Network, Central Mass Web Design, Inc. equipment or any Central Mass Web Design, Inc. email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Central Mass Web Design, Inc. Network, Central Mass Web Design's equipment or any Central Mass Web Design, Inc. email address. 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. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.
If you are found to have spammed, Central Mass Web Design, Inc. reserves the right to disable your domain without warning. In addition, Central Mass Web Design, Inc. may impose a $100 penalty for each spam policy violation. Central Mass Web Design, Inc. solely reserves the right to refuse or cancel service to known spammers. Lastly, Central Mass Web Design, Inc. reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
Abuse:
Any attempts to undermine, slander, libel, threaten or cause harm to a Central Mass Web Design, Inc. server, customer, employee or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all means of redress to the fullest extent of the law.
Indemnification:
blient agrees that it shall defend, indemnify, save and hold Central Mass Web Design, Inc. (or it's employees/owners) harmless from any and all demands, liabilities, losses, costs and claims; including reasonable legal fees asserted against Central Mass Web Design, Inc., 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. Client agrees to defend, indemnify and hold harmless Central Mass Web Design, Inc. against liabilities arising out of:
- any injury to person or property caused by any products sold or otherwise distributed in connection with Central Mass Web Design, Inc. server
- any material supplied by client infringing or allegedly infringing on the proprietary rights of a third party
- copyright infringement. Client agrees to limit the liability of Central Mass Web Design, Inc. to the amount paid for service.
Refunds Policy:
You may cancel your account at any time before your monthly billing date. You will not be billed for the next month.
If you are paying annually for Web Site Hosting Services, we will issue a pro-rata refund for months not used.
All domain registration fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then-current registration term.
We do not offer any kind of "money back" guarantee.
Disclaimer:
Central Mass Web Design, Inc. will not be responsible for any damages your business may suffer. Central Mass Web Design, Inc. makes no warranties of any kind, expressed or implied for services we provide. Central Mass Web Design, Inc. disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Central Mass Web Design, Inc. and its employees. Central Mass Web Design, Inc. makes no "uptime" guarantees.
Central Mass Web Design, Inc. keeps backups of key server systems only and these backups are not available for client use. Central Mass Web Design, Inc. can accept no responsibility for any loss of data or consequences arising from this. Central Mass Web Design, Inc. always advises client's to back up their site data regularly for their own protection.
Central Mass Web Design, Inc. furthermore expects that its clients who provide hosting services (resellers) to others will ensure its customers fully comply with all applicable laws concerning the privacy of online communications and any other policy of Central Mass Web Design, Inc. A customer's failure to comply with those laws will violate this policy.
All communications (emails, verbal or written) are between Central Mass Web Design, Inc. and the client. These communications are private and are, therefore, not to be shared with any other parties.
Finally, Central Mass Web Design, Inc. wishes to emphasize that in accepting services, customers indemnify Central Mass Web Design, Inc. for the violation of any law or Central Mass Web Design, Inc. policy, that results in loss to Central Mass Web Design, Inc. or the bringing of any claim against Central Mass Web Design, Inc. This means that if Central Mass Web Design, Inc. is sued because of activities of the customer that violate any law, or this policy, the client will pay any damages awarded against Central Mass Web Design, Inc., plus costs and reasonable legal fees.
Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation.
Central Mass Web Design, Inc. reserves the right to change, edit, or update the policies contained in this document at any time, for any reason, without notice.