TERMS OF SERVICE
EFFECTIVE 1/19/2008
General Information
Classic Web Designs' Terms Of Service ("TOS") document is designed to
provide a clear understanding of regulations and restrictions regarding the
user of Classic Web Designs' services.
Classic Web Designs reserves the right to modify the Acceptable Use
Policy from time to time, effective on the date of posting. Classic Web
Designs may not notify the customer of the change, however it is the
customers responsibility to frequently check back to ensure they are up
to date with the policy.
By using our services, and agreeing to the Terms of Service ("TOS"),
you agree to abide by the TOS as modified from time to time. Any
violation of the TOS may result in the suspension or termination of your
service without notice and without refund. An activity that is unlisted
may also be a violation of the TOS if it is illegal, irresponsible, or
disruptive to the use of the Internet.
THE VIOLATION OF ANY TOS OR ANY OTHER POLICY IS STRICTLY PROHIBITED
AND MAY RESULT IN THE IMMEDIATE SUSPENSION OR TERMINATION FROM THE
SERVICES PROVIDED BY Classic Web Designs. YOU SHALL REMAIN SOLELY LIABLE
AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT
THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF
Classic Web Designs' SERVERS. "CONTENT" INCLUDES, BUT NOT LIMITED TO;
E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS Classic
Web Designs' POLICY TO TERMINATE REPEAT OFFENDERS, Classic Web Designs
RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME, WITHOUT
REASON.
Customer Responsibility: Security
The customer is responsible solely for any breaches of security
affecting servers under the customer's control. If a customer's server
is involved in an attack on another server or system, it will be
immediately shut down and an investigation will begin. It is the
customers responsibility to rectify any damage done to the customer's
server and any other requirement affected by the security breach. The
labor used to rectify any such damage is categorized as emergency
security breach recovery and is charging $150 USD per hour.
System and Network Security
Violations of system or network security is strictly prohibited, and may
result in criminal and civil liability. Classic Web Designs may
investigate incidents involving such violations and may involve and will
co-operate with law enforcement if a criminal violation is suspected.
The following are some examples of network or system violations:
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High-risk services, which are services which tend to attract
denial of service attacks, are strictly prohibited. This includes,
but is not limited to, IRC related services and selling of shell
accounts.
-
Interference with service to any user, host or network
including, without limitation, mail bombing, flooding, deliberate
attempts to overload a system and broadcast attacks.
-
Forging of any TCP-IP packet header or any part of the header
information in an e-mail or newsgroup posting.
-
Unauthorized monitoring of data or traffic on any network or
system without express authorization of the owner of the system or
network.
-
Unauthorized access to or use of data, systems or networks,
including any attempt to probe, scan or test the vulnerability of a
system or network or breach security or authentication measures
without express authorization of the owner of the system or network.
Violators of the policy are responsible, without limitations, for the
cost of labor to clean up and correct any damage done to the operation
of the network and business operations supported by the network, and to
respond to complains incurred by Classic Web Designs. Such labor is
categorized as emergency security breach recovery and is currently
charged at $150 per hour.
Password Protection
The customer is responsible for protecting customer's password and for
any authorized or unauthorized use made of customer's password. The
customer will not use or permit anyone to use Classic Web Designs'
service to guess passwords or to access other systems or networks
without authorization. Classic Web Designs will fully cooperate with law
enforcement authorities in the detection and prosecution of illegal
activity.
Contact Information
Customers are responsible for maintaining their contact information in
the ticketing system such that the email address is always reachable
even in the event of their Classic Web Designs servers being shut down.
Internet Etiquette
The customer is expected to be familiar with and to practice good
Internet etiquette (Netiquette). The customer will comply with the rules
appropriate to any network to which Classic Web Designs may provide
access. The customer should not post, transmit, or permit Internet
access to information the customer desires to keep confidential. The
customer is not permitted to post any material that is illegal,
libelous, tortuous, indecently depicts children or is likely to result
in retaliation against Classic Web Designs by offended users. Classic
Web Designs reserves the right to refuse or terminate service at any
time for violation of this section. This includes advertising services
or sites via IRC or USENET in clear violation of the policies of the IRC
channel or USENET group.
Copyright Infringement - Software Piracy Policy
The Classic Web Designs network may only be used for lawful purposes.
Transmission, distribution, or storage of any information, data or
material in violation of Canada or province regulation or law, or by the
common law, is prohibited. This includes, but is not limited to,
material protected by copyright, trademark, trade secret, or other
intellectual property rights.
Making unauthorized copies of software is a violation of the law, no
matter how many copies you are making. If you copy, distribute or
install the software in ways that the license does not allow, you are
violating federal copyright law. If caught with pirated software, you or
your company may be liable under both civil and criminal law, and you
may be fined up to $250,000 and/or receive up to 5 years in jail. In
compliance with the Digital Millennium Copyright Act (the "DMCA"),
please send DMCA notifications of claimed copyright infringements to
abuse@classicwebdesigns.us. Classic Web Designs will cooperate fully
with any civil and/or criminal litigation arising from the violation of
this policy.
Network Responsibility Customers have a responsibility to use the
Classic Web Designs network responsibly. This includes respecting the
other customers of Classic Web Designs. Classic Web Designs reserves the
right to suspend and or cancel service with any Customer who uses the
Classic Web Designs network in such a way that adversely affects other
Classic Web Designs customers. This includes but is not limited to:
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Attacking or attempting to gain unauthorized access to servers
and services that belong to Classic Web Designs or its customers
(i.e. computer hacking), and/or
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Participating in behavior which result in reprisals that
adversely effect the Classic Web Designs network or other customers'
access to the Classic Web Designs network.
Classic Web Designs will react strongly to any use or attempted use
of an Internet account or computer without the owner's authorization.
Such attempts include, but are not limited to, "Internet Scanning"
(tricking other people into releasing their passwords), password
robbery, security hole scanning, port scanning, etc. Any unauthorized
use of accounts or computers by a Classic Web Designs customer, whether
or not the attacked account or computer belongs to Classic Web Designs,
will result in severe action taken against the attacker. Possible
actions include warnings, account suspension or cancellation, and civil
or criminal legal action, depending on the seriousness of the attack.
Any attempt to undermine or cause harm to a server, or customer, of
Classic Web Designs is strictly prohibited.
Violations of this policy may be reported directly to the RCMP at
http://www.rcmp-grc.gc.ca/contact/index_e.htm. Classic Web Designs will
cooperate fully with any civil and/or criminal litigation arising from
the violation of this policy.
Lawful Purpose
All services may be used for lawful purposes only. Transmission,
storage, or presentation of any information, data or material in
violation of any applicable law, regulation, or TOS is prohibited. This
includes, but is not limited to:
Using any Classic Web Designs service or product for the purpose of
participating in any activity dealing with subject matters that are
prohibited under applicable law is prohibited.
Any conduct that constitutes harassment, fraud, stalking, abuse, or a
violation of federal export restriction in connection with use of
Classic Web Designs services or products is prohibited. Using the
Classic Web Designs network to solicit the performance of any illegal
activity is also prohibited, even if the activity itself is not
performed. In addition, knowingly receiving or downloading a file that
cannot be legally distributed, even without the act of distribution, is
prohibited.
Servers hosted within Classic Web Designs network are open to the
public. You are solely responsible for your usage of the Classic Web
Designs network and servers and any statement you make on servers hosted
within the Classic Web Designs network may be deemed "publication" of
the information entered. Acknowledging the foregoing, you specifically
agree not to use our service in any manner that is illegal or libelous.
Child Pornography on the Internet
Our policy on child pornography is zero tolerance. Classic Web Designs
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 the Classic Web Designs 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 CRIME
STOPPERS at 416-222-TIPS
Adult Content on the Classic Web Designs Network
Classic Web Designs does not accept Adult Content on our services. If
found that customers are placing adult content on our servers,
termination of account will occur, without notification.
Commercial Advertisements with E-mail
Classic Web Designs takes a zero tolerance approach to the sending of
Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very
simply, this This means that customers of Classic Web Designs may not
use or permit others to use our network to transact in UCE. Customers of
Classic Web Designs 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.
Sending a message, especially an advertisement, to more than five
recipients, is by itself spamming unless the individuals have
specifically requested to be added to a mailing list on that topic. This
includes both commercial advertisements and informational messages sent
to recipients via electronic mail (email) as well as off-topic messages
posted in Usenet discussion groups where the recipient has not requested
or invited the message. Mailing lists must be true opt-in mailing lists.
Before sending any email to a listed user, a confirmation email, with a
tracking number, must be sent to the new subscriber, to which they must
respond with a confirmation that they wish to be added to the list. You
must keep these confirmations on file, so that in the case that a spam
complaint is made against you, you have proof that the user did indeed
opt-in. In addition, you must provide at least one easy way to opt out;
see the MAPS guidelines (http://mail-abuse.org/rbl/manage.html) for
details. Opt-out requests must be honored immediately.
E-mail is a person-to-person medium, not a broadcast medium.
Customers of Classic Web Designs are strictly prohibited from using
or permitting others to use UCE or SPAM over our network. As our
Customers are ultimately responsible for the actions of their clients
over the Classic Web Designs network, it is advisable that Customers
develop a similar, or stricter, policy for their clients.
Violation of Classic Web Designs' SPAM policy will result in severe
penalties. Upon notification of an alleged violation of our SPAM policy,
Classic Web Designs will initiate an immediate investigation (within 48
hours of notification). During the investigation, Classic Web Designs
may restrict customer access to the network to prevent further
violations. If a customer is found to be in violation of our SPAM
policy, Classic Web Designs may, at its sole discretion, restrict,
suspend or terminate customer's account. Further, Classic Web Designs
reserves the right to pursue civil remedies for any costs associated
with the investigation of a substantiated policy violation. Classic Web
Designs will notify law enforcement officials if the violation is
believed to be a criminal offense.
Violation of Classic Web Designs' SPAM policy may be reported to
abuse@classicwebdesigns.us
IP Address Overlap
Classic Web Designs administers the network on which customer servers
reside. The customer cannot use IP addresses which were not assigned to
them by Classic Web Designs staff. Any server found using IPs which were
not officially assigned will be suspended from network access until such
time as the IP addresses overlap can be corrected.
IRC
Classic Web Designs does not allow the use of IRC on the Classic Web
Designs network. This includes, but is not limited to, the use of IRC
clients, server software, bots or anything related to IRC. Violators'
servers will be suspended.
Billing
The customer understands that the customer is responsible for paying for
any network resources that are used to connect the customer's server to
the Internet. The customer may request that the customer's server be
disconnected from the Internet, but the customer will still be
responsible for paying for any network resources used up to the point of
suspension or cancellation.
Suspension
Classic Web Designs reserves the right to suspend network access to any
customer if, in the judgment of the Classic Web Designs network
administrators, the customer's server is the source or target of the
violation of any of the other terms of the TOS or for any other reason
which Classic Web Designs 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 contacting
regarding the activity. The customer will not be credited for the time
the customer's machines were suspended. The Customer will be credited on
a prorated basis based on the monthly fees the Customer pays for the
servers that are suspended for the time the Customer's servers were
suspended.
Customer Content
Customer agrees that web pages and files uploaded to servers will not
violate any province/state, federal or foreign laws or regulations;
infringe on any intellectual property rights of Classic Web Designs or
any third party; be defamatory, slanderous or trade libelous; be
threatening or harassing; be discriminatory based on gender, race, age;
promote hate; or contain viruses or other computer programming defects
which result in damage to Classic Web Designs or any third party.
Customers may not run IRC, bots or clients. BitTorrent seeders, trackers
and .torrent files are not allowed. Unacceptable uses also include: Bulk
unsolicited emailing, unsolicited emailings, newsgroup spamming, child
porn or links to such sites, copyrighted MP3, illegal content, copyright
infringement, trademark infringement, warez, cracks, software serial
numbers. Classic Web Designs will be the sole and final arbiter as to
what constitutes a violation of this policy. Classic Web Designs does
not normally monitor the contents of customer servers, however if
suspicion occurs, Classic Web Designs reserves the right to investigate
and terminate the clients subscription to the service without refund.
Excessive Usage
Resources are defined as bandwidth, memory and/or processor utilization.
A website is considered using "Excessive amounts of resources" when it
monopolies the resources available using 10% or more of system resources
for longer than 60 seconds. There are numerous problems that could cause
such problems, this includes: scripts, FTP, HTTP, etc. A site that
consumes over the account limit of bandwidth is also considered
"excessive resources". This policy is only implemented in extreme
circumstances and is intended to prevent the misuse of our servers. The
client whom is using "excessive resources" will be asked to upgrade
his/her package to one of our dedicated server packages or switch web
hosting providers. Classic Web Designs will be the sole and final
arbiter as to what constitutes a violation of this policy.
Bandwidth Usage
Classic Web Designs offers a generous amount of data transfer per month.
Bandwidth is calculated on a recurring 30 days. There is a daily 500MB
transfer cap or total bandwidth divided by the number of days in the
current month, whichever is higher. If you exceed your bandwidth limit
for any given month, your account will be suspended until after the next
month, warning e-mail's are sent out before your account reaches the
maximum to give you advance notice of bandwidth consumption.
Bandwidth Stealing
Bandwidth stealing is defined as using a temporary URL to access your
website after the first 72 hours of your account creation, or using the
temporary URL as a download link for large files. This is against the
TOS, and will result in: (a) Customer billed at $2.50 per GB used and/or
(b) Suspension & Termination of account without refund (if within the
30-day money back period).
Payment Obligation
Full payment is required in advance before hosting
service is established. Classic Web Designs sends out invoices that are
due every pay period. Invoices are due upon receipt, however, you are
given ten (10) days to fully pay the invoice. We do not
automatically charge your credit card. You warrant and represent that
the information you supply in the Order Form (or other information that
Classic Web Designs may require) is accurate and truthful. All
payment-due notices will be sent by e-mail. No bills or invoices will be
sent by postal mail or fax. If payment is not received by the due-date,
your account will be suspended until payment is received. To have your
account re-established, you are required to pay the amount past due plus a
reconnection fee in the amount of $5.00 per domain name.
Renewals
Your account will be automatically renewed under the same time and fee
structure unless you give written notice to Classic Web Designs thirty
(30) days before the renewal date that you do not wish to renew such
account. Cancellation request can be submitted via email to
cancel@classicwebdesigns.us.
Upgrades to service may entitle a $25 administration fee.
Cancellation
Classic Web Designs reserves the right to cancel service at any time. 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 contacting regarding the activity. All fees paid in
advance of cancellation are non-refundable if Classic Web Designs
institutes its right of cancellation. Any violation of policies which
results in extra costs will be billed to the customer (i.e. transfer,
space etc.).
Customer's may cancel their account by sending an email to
cancel@classicwebdesigns.us
with your account information and the word "Cancel" in the subject line
at least 30 days prior to the end of the current agreement.
30-Day Money Back Guarantee
Classic Web Designs offers an unconditional 30 day guarantee on selected
services that covers cancellations of a web hosting account made during
the first 30 days of service, due to the inability to deliver
satisfactory services. As a part of our strive to achieve industry
leading customer satisfaction, the customer will be refunded all hosting
charges made to their credit card minus any setup fees which are
non-refundable. The guarantee does not apply to accounts with non-use,
misuse, or abuse. Domain names are also non-refundable. Domain transfers
are non-refundable. Violation of the TOS disqualifies the customer of
refunds.
Offline payments such as money orders are not eligible for the money
back guarantee.
99.9% Uptime
Classic Web Designs offers its clients a 99.9% network uptime guarantee
for customer satisfaction purposes and also to ensure that your business
is running problem free. Classic Web Designs will try to maintain
maximum uptime. Classic Web Designs is not responsible for any downtime
caused by the client. Server maintenance and emergency upgrades/service
does not qualify as downtime.
Indemnification
Classic Web Designs wishes to emphasize that in signing the Master
Services Agreement or its equivalent, customer indemnifies Classic Web
Designs for any violation of the Master Services Agreement or its
equivalent, law or TOS that results in loss to Classic Web Designs or
the bringing of any claim against Classic Web Designs by any
third-party. This means that if Classic Web Designs is sued because of a
customer's or a customer of a customer's activity, the customer will pay
any damages awarded against Classic Web Designs, plus costs and
reasonable attorney's fees.
Disclaimer of Responsibility
Classic Web Designs is under no duty to look at each customer's or
user's activities to determine if a violation of the TOS has occurred,
nor do we assume any responsibility through our TOS to monitor or police
Internet-related activities. Classic Web Designs disclaims any
responsibility for any such inappropriate use and any liability to any
person or party for any other person's or party's violation of this
policy.
All Sub-Networks, resellers and managed servers of Classic Web
Designs must adhere to the above policies. Failure to follow any term or
condition will be grounds for immediate Cancellation without refunds if
applicable.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE TOS AND ACTUAL OR ATTEMPTED
VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED
VIOLATIONS OF THESE TOS BY YOU.
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