[ TheServerExperts.com ] "Linux & BSD solutions for Web Hosting & Dedicated Servers"

Server abuse:
Any attempt to undermine or cause harm to a server, or client, of TheServerExperts is strictly prohibited.
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Unauthorized use of accounts or computers:
TheServerExperts will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc. Any unauthorized use of accounts or computers by a TheServerExperts client, whether or not the attacked account or computer belongs to TheServerExperts, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
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Terms of Data Transfer:
Each customer/server is provided with a burstable 100Mbps port, and may utilize available network bandwidth in manner that is fair and reasonable to all users on the TheServerExperts network. Because bandwidth is a shared resource amongst all users, excessive consumption of network bandwidth by a customer/server can interfere with or completely prevent normal network performance for other users. TheServerExperts.com provides temporary burst (not sustained usage) up to 100Mbps for each server as a courtesy only. Servers that average 10Mbps (106GB of data transfer) or more during any 24-hour period or average 20Mbps (53.3GB of data transfer) or more during any 6-hour period or average 30Mbps (40GB of data transfer) or more during any 3-hour period shall be warned and/or disconnected from the network to prevent such activities from causing deterioration in network performance for other users. Furthermore, the customer shall be responsible for all fees related to excessive bandwidth usage and all fees related to the violation of the TheServerExperts Terms of service agreement. Extra data transfer is charged at the rate of $1.00 per additional GB.
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Spamming:
TheServerExperts servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. Spamming on other servers which in turn contain links to a domain on our network is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and E-mail. Upon Notification of first violation TheServerExperts will initiate an investigation and during this period may restrict Subscriber access to network, as it considers necessary. An administrative fee of $250.00 will be charged to your account for this at the end of this investigation TheServerExperts will determine what is to be done with your account and could lead to termination. If you are found to have spammed, we will contact you to resolve the situation. If it is a severe case then we will immediately, without warning, disable your domain until the situation is resolved. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund. In addition any site selling or promoting bulk e-mail services is not allowed.
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Pornograhy:
Pornography and Adult content including sexual merchandise is prohibated on TheServerExperts servers, this includes links to external websites which may also include Pornography and Adult content.
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Pirated Software:
Software which has been illegally copied without the permission of the published is not allowed to be hosted on any account. This includes games, applications, movies and music. Links to external files or websites which contain this sort of activity is also not allowed.
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Background Running Programs:
We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed
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CGI Scripts:
Each TheServerExperts account comes fully equipped with its own pre-configured CGI-BIN. Clients are free to use any CGI-Scripts provided with their account or add any additional ones they require. Any CGI-Scripts deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice. CGI Script sharing with domains not hosted by TheServerExperts is not allowed.
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Server Resources:
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 an option of either upgrading their service level or reducing the resource used to an acceptable level.
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Internet Relay Chats also called IRC:
TheServerExperts absolutely prohibits hosting of IRC or any services facilitating or relating to such kinds of services.
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Payment Policies:
All accounts are set up on a pre-pay basis. There is no commitment, obligation or contract associated with any of our packages or plans. Clients may choose the period to pre-pay and may cancel their account at any time. Upon cancellation of services, client is responsible for all money owed on the account from the time it was established to the time that the client notifies TheServerExperts for a request for termination of services. All pre-paid fees and setup fees are non-refundable. Domain Registration fees are non-refunable. All payment is in U.S. currency.
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Payment Agreements:
You agree to supply appropriate payment for the services received from TheServerExperts, in advance of the time period during which such services are provided. You agree that all setup fees are non-refundable once setup is completed. You agree that until and unless you notify TheServerExperts of your desire to cancel any or all services received, those services will be billed on a recurring basis. Accounts overdue may be subjected to a $25.00 late payment administration fee.
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Payments and Fees:
Establishment of this services is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the 1st day of the month for that month's service. Dedicated servers which are over due past 10 days will be put on hold and will lead to disruption of service. A reconnect fee of $50.00 shall be levied on accounts put on hold for non-payment. Accounts not paid by due date are subject to a $25.00 late fee. An account put on hold or disruption of service due to non- payment is not grounds for non-payment and may be ground for company to terminate this agreement. The Subscribers is responsible for such accrued amount plus interest besides the collection fees Accounts that are not collectable by TheServerExperts 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 $50 and not more than $250.

Refusal of Service:
TheServerExperts reserves the right at its sole discretion to refuse or cancel service. Violation of any of TheServerExperts Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded
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Lawful Purpose:
TheServerExperts reserves the right to refuse service to anyone. Clients may only use TheServerExperts servers for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. TheServerExperts expressly forbids anyone from using TheServerExperts servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of TheServerExperts management. In addition any site selling or promoting bulk e-mail services is not allowed.
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Indemnification:
Client agrees that it shall defend, indemnify, save and hold TheServerExperts harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against TheServerExperts its agents, its clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by client, it's agents, employees or assigns. Client agrees to defend, indemnify and hold harmless TheServerExperts against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with TheServerExperts services; (2) any material supplied by client infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to client from TheServerExperts.
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Disclaimer:
TheServerExperts will not be responsible for any damages your business may suffer. TheServerExperts makes no warranties of any kind, expressed or implied for services we provide. TheServerExperts disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by TheServerExperts and its employees. TheServerExperts reserves the right to revise its policies at any time. Failure to follow any terms and conditions may result in account deactivation.

Last Revision 01/02/2006