| :: Congabeat's
Terms of Use |
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| Upon signing up for
Congabeat's services, all customers agree to comply
with Congabeat's Terms of Use. The spirit of this
policy is to ensure our customers are using Congabeat's
services with due regard to the rights of other
Internet users and in conformity with the requirements
of Congabeat's network environment. Please note
that asterisked items (*) are not applicable to
Dedicated Server customers. |
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| Congabeat servers
may be used for lawful purposes only. Transmission,
storage, or distribution of any information, data,
or material in violation of any applicable law or
regulation, or that may directly facilitate the
violation of any particular law or regulation is
prohibited. This includes, but is not limited to:
copyrighted material; trademarks; trade secrets
or other intellectual property rights used without
proper authorization; material that is obscene,
defamatory, constitutes an illegal threat, or violates
export control laws. Examples of unacceptable content
or links include: pirated software, hacker programs
or archives, Warez sites, MP3, and IRC bots. |
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| Due to the special
system and network requirements of adult-oriented
sites, pornography and sex-related merchandising
are prohibited. This includes sites that may infer
sexual content or provide 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,
or provide links to such sites. |
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| Violations of system
or network security are prohibited and may result
in criminal and civil liability. Examples include
but are not limited to the following: unauthorized
access, use, probing, or scanning of systems security
or authentication measures, data, or traffic; interference
with service to any user, host, or network including,
without limitation, mail bombing, flooding, deliberate
attempts to overload a system, broadcast attacks;
forging of any TCP-IP packet header or any part
of the header information in an email or a newsgroup
posting. |
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| Any web site that
uses a high amount of server resources (such as,
but not limited to, CPU time, memory usage, and
network resources) will be given the option to either
pay additional fees (which will depend on the resources
required), reduce the resources used to an acceptable
level, or upgrade its service to a Dedicated Server
plan. ANhosting shall be the sole arbiter of what
is considered to be a high server usage level.
Any web hosting account deemed to be adversely
affecting server performance or network integrity
will be shut down without prior notice.
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| CGI script sharing
with domains not hosted by ANhosting is not permitted.
Any CGI-scripts deemed to be adversely affecting
server performance or network integrity will be
shut down without prior notice. |
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| ANhosting does not
allow customers to install their own chat rooms.
Chat rooms tend to require significant system resources
and therefore cannot be permitted as an account
option. However, ANhosting provides Java chat rooms
that meet most users' needs and run without hindering
system performance. |
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| :: Background
Running Programs and Cron Jobs |
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| ANhosting may allow
programs to run in the background. These programs
will be considered on an individual basis and customers
will incur extra charges based on system resources
used and operational maintenance needed. If you
wish to run background programs please contact ANhosting
at support@ANhosting.com so that we can arrange
set-up. |
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| ANhosting does not
allow IRC or IRC bots to be operated on our servers. |
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| :: UCE
(Unsolicited Commerce Email) - SPAM |
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| Spamming, the sending
of unsolicited mass email from or through a ANhosting
server or using an email address that is maintained
on a ANhosting machine is STRICTLY prohibited. ANhosting
will be the sole arbiter as to what constitutes
a violation of this provision. Customers are also
in violation of this provision if they engage in
spamming using the service of another ISP or IPP,
but reference in the spam a web site hosted on a
ANhosting server, or if they sell or distribute
software on their web site that facilitates spamming.
Violators will face immediate suspension. |
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| Any attempts to undermine
or cause harm to a ANhosting server or customer
are strictly prohibited. |
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| ANhosting's shared
web hosting accounts are not configured for the
purposes of distributing software and/or multimedia
products. If you wish to distribute software and/or
multimedia files, please contact sales@ANhosting.com
to make special arrangements. |
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| Multimedia files are
defined as any graphics, audio, and video files.
ANhosting shared web hosting accounts are not to
be used for the purposes of distributing and storing
unusual amounts of multimedia files. Any web site
whose disk space usage for storing multimedia files
exceeds 70% of its total usage, in terms of total
size or number of files, will be considered to be
using an unusual amount of multimedia files. |
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| Any database stored
on ANhosting's servers shall be limited in size
to 10% of the total disk space allotted for that
particular domain's plan/web hosting account. |
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| The Digital Millennium
Copyright Act ("DMCA") sets forth the
requirements for valid copyright infringement notification.
If you would like to notify ANhosting of an infringement
of your copyright, the DMCA requires that you:
Send your notification to ANhosting's designated
agent. You may choose any of the following three
avenues for this notification:
1. Email to abuse@ANhosting.com
2. Mail to Congabeat, Attention: Abuse, _______________________________
3. Courier to Congabeat, Attention: Abuse, _______________________________
Include in your notification the following information
- A physical or electronic signature of the
copyright owner or a person authorized
to act on the copyright owner's behalf
(the "Claimant")
- Identification of the copyrighted work(s)
claimed to have been infringed
- Identification of the material claimed
to infringe the copyright(s), and enough
information for ANhosting to locate it
- The Claimant's name, address, and telephone
number(s)
- A statement that the Claimant has a good
faith belief that use of the disputed
material is not authorized by the copyright
owner or his agent
- A statement, under penalty of perjury,
that the information in the notification
of copyright infringement is accurate and
that the Claimant is authorized to act
on behalf of the copyright owner. |
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| :: Actions
Taken by Congabeat |
|
The failure by a customer
to meet or follow any of the above Terms of Use
is grounds for account deactivation. ANhosting will
be the sole arbiter as to what constitutes a violation
of the Terms of Use. ANhosting reserves the right
to remove any account without prior notice.
When ANhosting becomes aware of an alleged violation
of its Terms of Use, ANhosting will initiate an
investigation. During the investigation, ANhosting
may restrict a customer's access in order to prevent
further potentially unauthorized activity. Depending
on the severity of the violation, ANhosting may,
at its sole discretion, restrict, suspend, or terminate
a customer's web hosting account and/or pursue other
civil remedies. If such violation is a criminal
offense, ANhosting will notify the appropriate law
enforcement authorities of such violation.
ANhosting does not issue credits for outages
incurred through service disablement resulting
from Terms of Use violations.
ANhosting customers agree to indemnify and hold
harmless ANhosting from any claims resulting from
the use of our services that damages them or any
other party. The ANhosting service is provided
on an as is, as available basis without warranties
of any kind, either express or implied, including,
but not limited to, warranties of merchantability,
fitness for a particular purpose or non-infringement.
ANhosting expressly disclaims any representation
or warranty that the ANhosting service will be
error-free, secure or uninterrupted. No oral advice
or written information given by ANhosting, its
employees, licensors or the like, will create
a warranty; nor may you rely on any such information
or advice. ANhosting and its partners and suppliers
will not be liable for any cost or damage arising
either directly or indirectly from any transaction
or use of the service. |
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| Congabeat reserves
the right to add, delete, or modify any provision
of its Terms of Use at any time without notice. |
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