Agreeing to Big
Elbow Hosting's
Acceptable use
Policy and Terms of
Conditions is
mandatory for
Hosting signing up
or using our
services. Please
make sure you read
everything. If you
have any questions
Contact Us. By
signing up for our
services you
automatically agree
to all of the
following terms and
conditions.
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Big
Elbow
Hosting
Acceptable
Use
Policy
("AUP")
is
provided
to
give
our
customers
and
users
a
clear
understanding
of
what
Big
Elbow
Hosting
expects
of
them
while
using
the
service.
All
users
of
Big
Elbow
Hosting
Internet
services:
those
who
access
some
of
our
Services
but
do
not
have
accounts,
as
well
as
those
who
pay
a
service
fee
to
subscribe
to
the
Services,
must
comply
with
this
AUP
and
our
TOS
(Terms
of
Service).
IMPORTANT
NOTICE:
*All
Payments
To
Big
Elbow
Hosting.com
for
Domain
Registration(s)
and
Dedicated
Servers
Are
Non-Refundable*
We
support
the
uncensored
flow
of
information
and
ideas
over
the
Internet
and
do
not
actively
monitor
subscriber
activity
under
normal
circumstances.
Similarly,
we
do
not
exercise
editorial
control
over
the
content
of
any
web
site,
e-mail
transmission,
newsgroups,
or
other
material
created
or
accessible
over
or
through
the
services,
except
for
certain
proprietary
Web
sites.
However,
in
accordance
with
our
TOS
(Terms
of
Service),
we
may
remove
any
materials
that,
in
our
sole
discretion,
may
be
illegal,
may
subject
us
to
liability,
or
which
may
violate
this
AUP.
Big
Elbow
Hosting
may
cooperate
with
legal
authorities
and/or
third
parties
in
the
investigation
of
any
suspected
or
alleged
crime
or
civil
wrongdoing.
Your
violation
of
this
AUP
may
result
in
the
suspension
or
immediate
termination
of
either
your
Big
Elbow
Hosting
account
or
other
actions
as
detailed
in
Section
3
WITHOUT
PRIOR
NOTICE.
This
document
is
intended
to
provide
a
basic
understand
of
Big
Elbow
Hosting
Acceptable
Use
Policy.
The
following
are
guidelines
for
the
establishment
and
enforcement
of
Big
Elbow
Hosting
AUP:
- Ensure reliable service to our customers
- Ensure security and privacy of our systems and network, as well as the networks and systems of others
- Comply with existing laws
- Maintain our reputation as a responsible service provider
- Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
- Preserve the value of Internet resources as a conduit for free expression and exchange of information
- Preserve the privacy and security of individual users
Big
Elbow
Hosting
intends
to
provide
its
customers
access
to
everything
the
Internet
has
to
offer.
While
Big
Elbow
Hosting
is
firmly
committed
to
the
principles
of
free
speech,
certain
activities
that
may
be
damaging
to
the
resources
of
both
Big
Elbow
Hosting
and
the
Internet
and
cannot
be
permitted
under
the
guise
of
free
speech.
The
resources
of
Big
Elbow
Hosting
and
the
Internet
are
limited,
and
abuse
of
these
resources
by
one
user
has
a
negative
impact
on
the
entire
community.
We
do
not
routinely
monitor
the
activity
of
accounts
except
for
measurements
of
system
utilization
and
the
preparation
of
billing
records.
However,
in
our
efforts
to
promote
good
citizenship
within
the
Internet
community,
we
will
respond
appropriately
if
we
become
aware
of
inappropriate
use
of
our
service.
You
may
not
use
your
dedicated
rack
or
virtual
site
to
publish
material,
which
BigElbowHosting.Com
determines,
at
its
sole
discretion,
to
be
unlawful,
indecent
or
objectionable.
For
purposes
of
this
policy,
"material"
refers
to
all
forms
of
communications
including
narrative
descriptions,
graphics
(including
photographs,
illustrations,
images,
drawings,
logos),
executable
programs,
video
recordings,
and
audio
recordings.
If a
Big
Elbow
Hosting
account
is
used
to
violate
the
Acceptable
Use
Policy
or
our
TOS,
we
reserve
the
right
to
terminate
your
service
without
notice.
We
prefer
to
advise
customers
of
inappropriate
behavior
and
any
necessary
corrective
action,
however,
flagrant
violations
of
the
Acceptable
Use
Policy
will
result
in
immediate
termination
of
service.
Our
failure
to
enforce
this
policy,
for
whatever
reason,
shall
not
be
construed
as a
waiver
of
our
right
to
do
so
at
any
time.
As a member of our network community, you
must use your Internet access responsibly. If you have any
questions regarding this policy, please contact us at
abuse@bigelbowhosting.Com
.
VIOLATIONS
OF
Big
Elbow
Hosting
ACCEPTABLE
USE
POLICY
The following constitute violations of
this AUP:
- Illegal use: Big Elbow Hosting services may not be used for illegal purposes, or in support of illegal activities. Big Elbow Hosting reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
- Harm to minors: Use of Big Elbow Hosting service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography, child pedophiliac material (pedo hard pics).
- Threats: Use of Big Elbow Hosting service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
- Harassment: Use of Big Elbow Hosting service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
- Fraudulent activity: Use of Big Elbow Hosting service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
- Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
- Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of Big Elbow Hosting service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Big Elbow Hosting account.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server/domain immediately removed from our network. The server/domain will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material/domains immediately upon reconnection and agree to allow us access to the server/domain to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server/hosting account from our network without notice to the customer. Any server/domain guilty of a second violation WILL be immediately and permanently removed from our network without notice.
- E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Big Elbow Hosting account.
- E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through Big Elbow Hosting service is in violation of this AUP.
- Usenet SPAMing:
Big Elbow Hosting has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
- Unauthorized access: Use of Big Elbow Hosting service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Big Elbow Hosting or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Big Elbow Hosting account is subject to immediate termination.
- Copyright or trademark infringement: Use of Big Elbow Hosting service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
- Collection of personal data: Use of Big Elbow Hosting service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
- Network disruptions and unfriendly activity:
Use of Big Elbow Hosting service for any activity which affects the ability of other people or systems to use Big Elbow Hosting Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. Big Elbow Hosting will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
- Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
- Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
- Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offence will result in the immediate termination of the offending account.
- Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Big Elbow Hosting services could result in suspension service.
- Third Party Accountability: Big Elbow Hosting subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.
- Violation Of Big Elbow Hosting Virtual Accounts: It is absolutely forbidden to host pornographic content or IRC servers on Virtual Hosting/Reseller Accounts. Virtual hosting/Reseller accounts found hosting this material will be subject to immediate cancellation without refund.
-
IRC networks: It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers/hosting found to be connecting to or part of these networks will be immediately removed from our network without notice. The server/hosting will not be reconnected to the network until such time that you agree to completely remove any and all traces of the irc server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server/member guilty of a second violation will result in immediate account termination.
-
Adult Content: Explicit
adult content (pornography) will be grounds for immediate
suspension of your account. Sites containing only links to
adult content will be immediately suspended. Big Elbow
Hosting will be the sole arbiter as to what constitutes a
violation of this provision. Adult-oriented sites,
pornography and sex-related merchandising are prohibited. We
also prohibit sites that provide storage, sale,
distribution, hypertext link to, advertisement, promotion or
hosting of material that is unlawful, defamatory, obscene,
harmful, threatening, harassing, or an intrusion of privacy
or publicity rights, or otherwise objectionable. Note:
Artistic nudity may be acceptable, but this is at the sole
discretion of BigElbowHosting.com.
- Banned Scripts :
The following
scripts are banned from use on our shared and reseller
hosting and may not be uploaded or run. Reasons for banning
them include adverse effects on server load, invitations to
hackers/spammers/criminal activity, etc.
IRC egg drops
Proxy servers
Mail bombers
Anonymous mailers
IP spoofers
Port scanners
nph-proxy
UBB (Ultimate Bulletin Board, all versions)
Ikonboard, Yabb (all versions)
lstmrge.cgi
FormMail.cgi, FormMail.pl from Matt's Script Archive
are not allowed. See Here
Greymatter (gm.cgi)
Cgi/Perl Content management systems
Shell, SSH, Telnet Scripts and Shell, SSH, Telnet Alternatives.
Any script that uses & processes a massive number of flatfiles or large flatfile databases
Security
You
are
responsible
for
any
misuse
of
your
account,
even
if
the
inappropriate
activity
was
committed
by a
friend,
family
member,
guest
or
employee.
Therefore,
you
must
take
steps
to
ensure
that
others
do
not
gain
unauthorized
access
to
your
account.
In
addition,
you
may
not
use
your
account
to
breach
security
of
another
account
or
attempt
to
gain
unauthorized
access
to
another
network
or
server.
- Your password provides access to your account. It is your responsibility to keep your password secure.
- Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
- Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
- You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
-
You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
-
You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
-
Users who violate systems or network security may incur criminal or civil liability. Big Elbow Hosting 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.
Network
Performance
Big
Elbow
Hosting
accounts
operate
on
shared
resources.
Excessive
use
or
abuse
of
these
shared
network
resources
by
one
customer
may
have
a
negative
impact
on
all
other
customers.
Misuse
of
network
resources
in a
manner
which
impairs
network
performance
is
prohibited
by
this
policy
and
may
result
in
termination
of
your
account.
You
are
prohibited
from
excessive
consumption
of
resources,
including
CPU
time,
memory,
disk
space
and
session
time.
You
may
not
use
resource-intensive
programs
which
negatively
impact
other
customers
or
the
performances
of
Big
Elbow
Hosting
systems
or
networks.
Big
Elbow
Hosting
reserves
the
right
to
terminate
or
limit
such
activities.
REPORTING
VIOLATIONS
OF
Big
Elbow
Hosting
AUP
Big
Elbow
Hosting
requests
that
anyone
who
believes
that
there
is a
violation
of
this
AUP
direct
the
information
to
the
Abuse
Department
at
abuse@bigelbowhosting.com.
If
available,
please
provide
the
following
information:
- The IP address used to commit the alleged violation
- The date and time of the alleged violation, including the time zone or offset from GMT
- Evidence of the alleged violation
E-mail
with
full
header
information
provides
all
of
the
above,
as
do
system
log
files.
Other
situations
will
require
different
methods
of
providing
the
above
information.
Big
Elbow
Hosting
may
take
any
one
or
more
of
the
following
actions
in
response
to
complaints:
- Issue written or verbal warnings
- Suspend the Member's newsgroup posting privileges
- Suspend the Member's account
- Terminate the Member's account
- Bill the Member for administrative costs and/or reactivation charges
- Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations
REVISIONS
TO
THIS
ACCEPTABLE
USE
POLICY
Big
Elbow
Hosting
reserves
the
right
to
revise,
amend,
or
modify
this
AUP,
our
TOS
(Terms
of
Service)
and
our
other
policies
and
agreements
at
any
time
and
in
any
manner.
Notice
of
any
revision,
amendment,
or
modification
will
be
posted
in
accordance
with
our
TOS
(Terms
of
Service).
Copyright 2006 Big Elbow Hosting.com
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TOS |
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TOS
(Terms
of
Service)
IMPORTANT
NOTICE:
*All
Payments
To
Big
Elbow
Hosting.com
for
Domain
Registration(s)
and
Dedicated
Servers
Are
Non-Refundable*
Big
Elbow
Hosting.com
("The
Company")
agrees
to
furnish
services
to
the
Subscriber,
subject
to
the
following
TOS
(Terms
of
Service).
Use
of
Big
Elbow
Hosting
Service
constitutes
acceptance
and
agreement
to
Big
Elbow
Hosting
AUP
as
well
as
Big
Elbow
Hosting
TOS
(Terms
of
Service).
All
provisions
of
this
contract
are
subject
to
the
TOS
(Terms
of
Service)
of
Big
Elbow
Hosting
and
AUP
(Acceptable
Use
Policy).
The
AUP
may
be
changed
from
time
to
time
at
the
discretion
of
the
Company.
Subscriber
understands
that
change
to
the
AUP
by
the
Company
shall
not
be
grounds
for
early
contract
termination
or
non-payment.
This
Agreement
shall
be
construed
in
all
respects
in
accordance
with
the
laws
of
the
United
Kingdom:
- Disclosure to Law Enforcement:
The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Big Elbow Hosting shall have the right to terminate all service set forth in this Agreement.
- Service Rates:
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
- Payment:
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. The above applies to all accounts and services provided by Big Elbow Hosting.
- Payments and Fees:
Subscriber acknowledges that their hosting plans/domain registration will automatically renew at same price until you cancel. Credit cards that are declined for any reason are subject to a £10.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $20 reconnect charge. Accounts not paid by due date are subject to a £3 late fee. Accounts that are not collectable by Big Elbow Hosting may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than £75 nor more than £200. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
- Refund Policy and Disputes:
All payments for domain registration and dedicated servers to Big Elbow Hosting are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. You may cancel your account at any time before your monthly billing date, and 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. Refunds are approved for accounts under 120 days of the date and time the original transaction was settled. ALL refunds after the 120-day period will be rejected.
We will, however offer a 14 day money back guarantee for accounts paid monthly. Any accounts over the 14 day money back guarantee period, that are paid in full monthly, will not be refunded for the current month.
All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred.
- Failure to Pay:
The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. Paypal Subscription Cancellations: If you subscribed to our hosting plan with Paypal payments and if we get notice from paypal.com regarding your subscription cancellation, we have full right to suspend your hosting account till the subscription is reinstated. Big Elbow Hosting.com do not host websites with cancelled subscriptions.
- Account Cancellation:
Requests for canceling accounts may be made in writing or email with at least 30 days notice.
Big Elbow Hosting preferred method of cancellation is via email.
Please provide the following information
for an account cancellation:
Full Name, Domain Name(s), Username, Password, Account ID Number, Subscribed Packages.
>
You must have all account information to cancel. We do not cancel accounts via our Live chat, helpdesk or any other way due to security reasons besides the ones listed above.
Non-usage of hosting account,
account inactivity or if you moved to another host,
phone requests will not constitute acceptance of any
cancellation. For information on refunds please see the
heading "Refund Policy and Disputes".
-
Subscriber acknowledges that the service provided is
of such a nature that service can be interrupted for many
reasons other than the negligence of the company and that
damages resulting from any interruption of service are
difficult to ascertain. Therefore, subscriber agrees that
the company shall not be liable for any damages arising from
such causes beyond the direct and exclusive control of the
company. Subscriber further acknowledges that the company's
liability for its own negligence may not in any event exceed
an amount equivalent to charges payable by subscriber for
services during the period damages occurred. In no event
shall the company be liable for any special or consequential
damages, loss or injury.
- Transfer of Domains Registrar:
New webhosting accounts which involve the transfer of
a domain from another provider /registrar to Big Elbow
Hosting.com will require a minimum of seven (7) days to be
set up and entered into our DNS servers. In some cases, such
transfers may take up to sixty (60) days. Due to the
unpredictable nature of the transfer process, no guarantees
are made regarding the amount of time a specific transfer
may take. If the transfer of the domain is done by Big Elbow
Hosting.com on behalf of the account holder a handling fee
will be incurred. If the customer cancels service during the
transfer period for any reason, all charges are considered
earned.
- SPAM and Unsolicited Commercial Email (UCE):
Big Elbow Hosting takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Big Elbow Hosting may not use or permit others to use our network to transact in UCE. Customers of Big Elbow Hosting may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
-
Violation of Big Elbow Hosting SPAM policy will
result in severe penalties. Upon notification of an
alleged violation of our SPAM policy, Big Elbow Hosting
will initiate an immediate investigation (within 48 hours
of notification). During the investigation, Big Elbow
Hosting may restrict customer access to the network to
prevent further violations. If a customer is found to be
in violation of our SPAM policy, Big Elbow Hosting may, at
its sole discretion, restrict, suspend or terminate
customer's account. Further, Big Elbow Hosting reserves
the right to pursue civil remedies for any costs
associated with the investigation of a substantiated
policy violation. Big Elbow Hosting will notify law
enforcement officials if the violation is believed to be a
criminal offense.
-
First violations of this policy will result in an
"Administrative Fee" of £300 and your account will be
reviewed for possible immediate termination. A second
violation will result in an "Administrative Fee" of £600
and immediate termination of your account. Users who
violate this policy agree that in addition to these
"Administrative" penalties, they will pay "Research Fees"
not to exceed £175 per hour that Big Elbow Hosting
personnel must spend to investigate the matter. PLEASE, DO
NOT SPAM from your account.
-
As our Customers are ultimately responsible for the
actions of their clients over Big Elbow Hosting network,
it is advisable that Customers develop a similar, or
stricter, policy for their clients.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server/hosting account immediately removed from our network. The server/hosting account will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server/hosting account from our network without notice to the customer. Any server/hosting account guilty of a second violation WILL be immediately and permanently removed from our network without notice.
- Network
- Bandwidth and Disk Usage:
Customer agrees that bandwidth and disk usage shall
not exceed the number of megabytes per month for the
Services ordered by Customer on the Order Form (the
"Agreed Usage"). Big Elbow Hosting will monitor Customer's
bandwidth and disk usage. Big Elbow Hosting shall have the
right to take corrective action if Customer's bandwidth or
disk usage exceeds the Agreed Usage. Such corrective
action may include the assessment of additional charges,
disconnection or discontinuance of any and all Services,
or termination of this Agreement, which actions may be
taken is in Big Elbow Hosting sole and absolute
discretion. If Big Elbow Hosting takes any corrective
action under this section, Customer shall not be entitled
to a refund of any fees paid in advance prior to such
action. In the event that a customer exceeds the included
allocation, Big Elbow Hosting may, at its sole discretion,
collect a deposit, in an amount determined by Big Elbow
Hosting, against customer's credit card on file with Big
Elbow Hosting.
- System and Network Security:
Users are prohibited from violating or attempting to violate the security of Big Elbow Hosting Network. Violations of system or network security may result in civil or criminal liability. Big Elbow Hosting will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
- Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- Taking
any action in order to obtain services to which such
User is not entitled.
- Notification of Violation:
-
Big Elbow Hosting is under no duty to look at each
customer's or user's activities to determine if a
violation of the AUP has occurred, nor do we assume any
responsibility through our AUP to monitor or police
Internet-related activities.
-
First violation: Any User, which Big Elbow Hosting
determines to have violated any element of this Acceptable
Use Policy, shall receive an email, warning them of the
violation. The service may be subject at Big Elbow Hosting
discretion to a temporary suspension pending a User's
agreement in writing, to refrain from any further
violations.
- Second
Violation:
Users that Big Elbow Hosting determines to have
committed a second violation of any element of this
Acceptable Use Policy shall be subject to immediate
suspension or termination of service without further
notice.
-
We reserve the right, to drop the section of IP
space involved in Spam or Denial-of-Service complaints if
it is clear that the offending activity is causing great
harm to parties on the Internet. In particular, if open
relays are on your network or a customer's network, or if
denial of service attacks are originating from your
network. In certain rare cases, we may have to do this
before attempting to contact you. If we do this, we will
contact you as soon as is feasible.
- Suspension of Service or Cancellation:
Big Elbow Hosting reserves the right to suspend
network access to any customer if in the judgment of Big
Elbow Hosting network administrators the customer's server
is the source or target of the violation of any of the other
terms of the AUP or for any other reason which Big Elbow
Hosting chooses. If inappropriate activity is detected, all
accounts of the Customer in question will be deactivated
until an investigation is complete. Prior notification to
the Customer is not assured. In extreme cases, law
enforcement will be contacted regarding the activity. The
customer will not be credited for the time the customer's
machines were suspended.
-
Big Elbow Hosting reserves the right to amend its
policies at any time. All Sub-Networks, resellers and
managed servers of Big Elbow Hosting must adhere to the
above policies. Failure to follow any term or condition will
be grounds for immediate Cancellation. You will be held
responsible for the actions of your clients in the matter
described on these Terms and conditions. Therefore, it is in
your best interest to implement a similar or stricter Terms
and conditions or otherwise called Acceptable Terms of use
policy.
- Indemnification: Big Elbow Hosting wishes to emphasize that in agreeing to Big Elbow Hosting Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Big Elbow Hosting for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Big Elbow Hosting or the bringing of any claim against Big Elbow Hosting by any third-party. This means that if Big Elbow Hosting is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Big Elbow Hosting, plus all costs and attorney's fees.
- LIMITATION OF LIABILITY:
Big Elbow Hosting shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Big Elbow Hosting servers going off-line or being unavailable for any reason whatsoever. Furthermore, Big Elbow Hosting shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Big Elbow Hosting servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to abuse@bigelbowhosting.com. All complaints will be investigated promptly.
- Miscellaneous Provisions:
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
-
A waiver by the Company of any breach of any
provision of this Agreement by Subscriber shall not
operate as or be construed as a continuing or subsequent
waiver thereof or as a waiver of any breach of any other
provision thereof.
-
Subscriber shall not transfer or assign this
Agreement without the prior written consent of the
Company. Company may assign Agreement at anytime without
consent from or notice to Subscriber. Company reserves
right to cancel customers rights under this contract at
anytime without further obligation.
-
Big Elbow Hosting takes no responsibility for any
material input by others and not posted to Big Elbow
Hosting Network by Big Elbow Hosting. Big Elbow Hosting is
not responsible for the content of any other websites
linked to Big Elbow Hosting Network; links are provided as
Internet navigation tools only. Big Elbow Hosting
disclaims any responsibility for any such inappropriate
use and any liability to any person or party for any other
person or party's violation of this policy.
-
Big Elbow Hosting is not responsible for any
damages your business may suffer. Big Elbow Hosting does
not make implied or written warranties for any of our
services. Big Elbow Hosting denies any warranty or
merchantability for a specific purpose. This includes loss
of data resulting from delays, non-deliveries, wrong
delivery, and any and all service interruptions caused by
Big Elbow Hosting.
-
It is absolutely forbidden to host pornographic
content or IRC servers on ANY Accounts. ANY Accounts found
hosting this material will be subject to immediate
cancellation without refund.
- Responsibility for Content:
You, as a Big Elbow Hosting customer, are solely
responsible for the content stored on and served by your Big
Elbow Hosting server.
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