TheServerExperts value our clients and wish
to provide them with the best possible hosting experience.
To offer you the best service possible, all clients need
to follow the same rules and guidelines. These policies
are intended to make TheServerExperts service available
to all our clients as consistently and efficiently as possible.
BASIC POLICY & TERMS OF SERVICE (TOS)
TheServerExperts provides services to clients all
around the world. TheServerExperts has the responsibility
to protect each client and provide them with the best services
available. The following guidelines were designed in an
attempt to ensure that we can do such.
General:
Services provided by TheServerExperts may be used for lawful
purposes only. Transmission, storage, or presentation of
any information, data, or material in violation of any United
States Federal, State, or City law is prohibited.
The subscriber agrees to indemnify and hold harmless TheServerExperts
from any claims resulting from the use of the service which
damages the subscriber or any other party.
Content:
Examples of unacceptable content include, but are not limited
to:
* Copyrighted media, without authority to distribute or
display.
* Unlicensed applications.
* Cracking programs or key generators.
* Child pornography or kidnapping material.
* Fraudulent activity, phishing, pyramid schemes, chain
letters, forgery, or impersonation.
* Terrorist propaganda, racist material, or bomb/weapon
instructions.
* Virus/Virii, Spyware, Malware, or other infectious material.
* Material protected by trade secret or other statute.
Additionally, TheServerExperts prohibits:
* IRC and associated programs (including psybnc, "bots",
etc...)
* Scripts commonly used for abuse, attacks, or flooding.
* Threatening, harrassing, or obscene content.
* Any proxies which do not require authentication (including
open mail proxies, unprotected anonymous web surfing proxies,
etc...)
Legal adult content is permitted on all TheServerExperts
product lines. The viewing/downloading or possession of
such information/data by TheServerExperts clientele is not
governed by TheServerExperts policy, and is at your own
discretion/free-will, and may be governed by your state/federal
government.
Links to unacceptable content, as defined above, are also
prohibited.
Online Activity:
Any attempts to undermine or cause harm to the TheServerExperts
equipment, network, operations, or clientele is STRICTLY
prohibited. TheServerExperts will pursue legal action to
the fullest extent for all abuse/violation of such.
Any activity deemed damaging or abusive, whether unlawful
or considered to be detrimental to the operations of TheServerExperts,
is prohibited.
This includes, but is not limited to:
* Denial of Service Attacks (DOS/DDOS)
* Unnecessary Port Scans.
* Mail Bombing.
* Unsolicited Advertising via IM, Forums, Newsgroups, Email,
etc.
Bulk Email:
We understand that bulk email is an important mechanism
for keeping people informed. However, spamming (unsolicited
advertising), from the TheServerExperts network, or spamvertising
(unsolicited advertising of) sites hosted on the TheServerExperts
network is STRICTLY prohibited.
Legitimate bulk email meets the following criteria:
1) The recipient has confirmed his willingness to be added
to the distribution list of the mailing, by responding to
a verification email, or, otherwise, verifiably confirming
permission. (Evidence of such must be retained and available
by request.)
2) Messages include: Valid headers, removal instructions,
and information on the method by which the subscribed address
was obtained.
All bulk email senders must post privacy policies, in association
with the sending domains. Co-registration is not prohibited,
but explanations of the sharing of information must be both
publicly available and included in the confirmation mechanism
for list subscription.
If TheServerExperts approaches a client for evidence of
confirmation, this request must be honoured within 48 hours.
Failure to meet the acceptable criteria for bulk mail may
lead to immediate termination.
Additionally, if such actions have caused mail servers or
IP address ranges on the TheServerExperts network to be
blacklisted, TheServerExperts reserves the right to assess
a $150 charge to the customer account. This fee is set to
cover administrative costs associated with removal from
such lists.
Please make an effort to limit outgoing mail on your account
to no more than 1000 pieces per hour. Large mailings are
preferred to be sent from the hours of 12AM - 8AM EST.
Internet Relay Chats also called IRC:
TheServerExperts absolutely prohibits hosting of IRC or
any services facilitating or relating to such kinds of services
Policy Violations:
TheServerExperts may, at any time, audit systems for any
data/activity showing potential policy violations.
Warnings:
The TheServerExperts Abuse department makes an attempt to
contact the client, via email, when the first sign of a
possible violation is noted. These alerts are a courtesy.
Responses to such alerts are required. If an alert is received
from any TheServerExperts staff member, the client is responsible
for acknowledging his/her understanding and citing any action
planned or taken, within 24 hours of the notice. Failure
to do so may lead to suspension. Repeated failure to do
so may result in termination.
Note: It is extremely important to ensure that the email
address on record with the TheServerExperts Customer Service
Department is valid. This is the address used for abuse
notifications and warnings.
Suspension/Deactivation:
If any terms or conditions are failed to be followed, the
client risks service suspension or termination. TheServerExperts
reserves the right to remove any account, without prior
notice. If TheServerExperts deactivates an account for violating
policy, the client will forfeit any rights to a refund.
No refunds for advance payments will be granted for deactivated
accounts.
Reactivation:
If a service is suspended, the client will be required to
pay a reactivation fee of $55.00, and when applicable, to
cover any administrative costs associated with the offense/violation,
as determined by TheServerExperts.
Unauthorized Usage:
In any case involving unauthorized parties utilizing a TheServerExperts
service for abuse/violations, the client will be responsible
for stopping all affected applications, until the source
of the problem is found and corrected. TheServerExperts
may opt to disable all services until the client can perform
such an investigation. If the technical support of TheServerExperts
is required for the investigation, the client agrees to
compensate TheServerExperts at a rate of $75/hour for such
services performed, if such services are not included in
the client's current service package.
In general, the client is responsible for maintaining a
secure system. This includes, but is not limited to:
Additionally, TheServerExperts will not be responsible for
securing third-party applications.
The client is expected to monitor his/her system(s) and/or
service(s). Resource usage should be maintained within the
level outlined in the service contract. Abuse caused by
end-users or unauthorized parties may increase resource
usage and it should be noted that overage fees may apply.
Certain clientele, such as those with Critical(safe) fully
managed support services, may be entitled to a higher level
of support than those clientele with only basic management
included with their service(s). The above unauthorized usage
responsibilities may differ for such clientele.
Resource Usage:
TheServerExperts will be the sole arbiter as to what constitutes
a violation of resource usage limitations.
Bandwidth:
Overage fees will apply to any service utilizing more than
it's assigned bandwidth allocation, except for those services
advertised/sold as "UNMETERED". Overages will
be calculated based on overall amount of GigaBytes (GB)
transferred in a monthly period, unless a service is sold
based on Megabits per Second (MBPS). Services sold by MBPS,
will be calculated via the industry standard 95% method,
unless specified in contract otherwise. MRTG or other bandwidth
reporting is available upon request for all services. Client
is responsible for all usage, and any corresponding overages
fees, that result from a service that may be hacked and/or
flooding. TheServerExperts may require a deposit should
a client utilize/require large amounts of bandwidth beyond
their standard bandwidth allocation.
Port Usage:
Basic Dedicated & Co-Located servers are installed on
100MBPS unthrottled ports, unless service is sold as a specified
port size (ie 10MBPS UNMETERED) or specified/requested as
a capped port. TheServerExperts reserves the right to monitor
network usage, and if a service significantly exceeds average
usage, to throttle the available speed to conserve network
resources and to prevent any large billing anomalies. This
will generally not include short spikes in usage, but will
include, but not be limited to, sustained transfers of significantly
larger than average amounts of bandwidth. If at any time
any client's data transfer rate affects other TheServerExperts
clientele, TheServerExperts reserves the right to throttle
and/or disconnect the service causing such a problem.
Filtering:
TheServerExperts reserves the right to block/filter or throttle
ports and/or ip address ranges, at its discretion. This
may include, for example, blocking Port 6667 (IRC), denying
access from a known-spamming IP address range, or limiting
the speed of point-to-point file-sharing programs (Kazaa,
Limewire, Donkey, etc...). This may also include giving
priority to certain traffic types, such as Voice-over-IP
(VOIP) phone call transmissions.
Unmetered:
Services advertised/sold as "UNMETERED" will not
be subject to bandwidth overage fees. Bandwidth is supplied
from a shared pool, and is not supplied as guaranteed/dedicated
bandwidth. Burstable usage of the UNMETERED service/port
is permitted, however, a service that has heavy sustained
usage may have their port capped or be asked to upgrade
to a dedicated service plan. UNMETERED service is supplied
on a "best-effort" basis---which may result in
some slowdowns during peak traffic times.
Shared Hosting:
TheServerExperts is pleased to offer our Shared Hosting
clientele unlimited traffic/hits and server usage. Unlimited
Traffic/Hits refers to the number of visitors to your website,
NOT the amount of bandwidth/data transfer. Your account
is still limited to the alotted bandwidth/data transfer
included with your selected package. To maintain the integrity
of our service, the following usage may be limited/disallowed
on Shared Hosting service:
* Banner, graphic, or CGI scripts running from the service,
and being utilized on other domains/websites.
* Large graphic or download archives/galleries.
* Large chat room gatherings.
* Heavy system resource utilization.
If you do not qualify for unlimited traffic/hits, your account
may be required to be upgraded, or, TheServerExperts may
relocate your site to a different server and/or IP address,
to reduce the load on the server on which you are currently
residing.
Virtual Private Servers (VPS):
To maintain the integrity of our service, VPS service that
utilizes heavy amounts of system resources may be required
to be upgraded, or, TheServerExperts may relocate your site
to a different server and/or IP address, to reduce the load
on the server on which you are currently residing.
Internet Access:
TheServerExperts does not allow multiple dial-in connections
on a single dial-up access account. Multiple computers/networks
are permitted to utilize a single TheServerExperts Internet
Access service. Internet Access clientele are responsible
for maintaining/securing their computer systems, and should
such become infected with a virus and/or spyware which causes/threatens
harm to the TheServerExperts network, TheServerExperts may
at its discretion suspend service until which time the source
of the problem is found and corrected.
Backup Service:
To maintain the integrity of our service, TheServerExperts
may relocate your backup service to a different server and/or
IP address, to reduce the load on the server on which you
are currently residing. Download/FTP sites, web-serving
(httpd), and/or usage that results in heavy upstream/outgoing
bandwidth consumption beyond that of normal backup operations
is not permitted on the backup service. This service is
meant for the backup/restore/sharing/storing of data/files,
and not for usage normally performed by web/database servers.
Abusive Clientele:
TheServerExperts may at it's discretion suspend or terminate
service of any client that is abusive/harassing to TheServerExperts
and/or TheServerExperts employees. Examples of such activity
include, but are not limited to:
-
* Verbal abuse - cursing, yelling, threatening,
etc...
* Ongoing disregard for warnings or notices.
* Consistent mistakes/errors/changes causing unnecessary
workload.
* Spamming TheServerExperts email addresses, ticket systems,
or servers
* Continuous involvement in flood/DDOS activity, hacked
services, or other ongoing non-permitted usage.
* Consistent late payments or responses.
* Issuing a chargeback or bouncing a payment.
* Continuous activation of problematic end-users.
* Activity which affects the service(s) of other TheServerExperts
clientele.
TheServerExperts "Terms of Service "