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Rose Web Services L.L.C.,
provides web hosting to a large number of clients. We have a
responsibility to protect each client and provide the best
services. The following guidelines have been established to
ensure this intent is met.
Rose Web Services L.L.C. ("The Company") agrees
to provide services to the Customer, subject to the
following AUP (Acceptable Use Policy). From herewithin this
AUP, the usage of "us", "we", "our", "ours" shall constitute
reference to Rose Web Services L.L.C., the usage of "you",
"your", "they", "them" shall refer to the customer of Rose
Web Services L.L.C.
Use of company services constitutes acceptance
and agreement to the company's AUP as well as the company's TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service)
of Rose Web Services L.L.C. and AUP (Acceptable Use
Policy). The AUP may be changed from time to time at the discretion
of the Company.
Content
You are responsible for any and all content
in and under your site or account at all times. All services
provided by Rose Web Services L.L.C. 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 laws is prohibited.
Rose Web Services L.L.C. is not
responsible for any claims resulting from the use of our
service. 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. Links to such materials are
prohibited. This also includes, but is not limited to Adult
sites, pirated software or media, hacker programs/archives,
copyrighted MP3, Warez, other copyrighted material or
material protected by trade secrets and other statutes.
List Of Violations
Threats and unlawful conduct
Use of our service to transmit any material
(by e-mail, uploading, posting or otherwise) that threatens
or encourages bodily harm or destruction of property. Use of
our services to transmit any material (by e-mail,
uploading, posting or otherwise) that harasses another.
Fraud
Use of our services to make fraudulent
offers to sell or buy products, items, or services, or to
advance any type of financial scam such as "phishing sites,"
"pyramid schemes," "ponzi schemes," and "chain letters."
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. Involves a knowing misrepresentation or
misleading statement, writing or activity made with the
intent that the person receiving it will act upon it.
Attacks and Exploits
Any activity which affects the ability of
other people or systems to use any services or other
internet services. This includes "denial of service" (DOS)
attacks against other networks, hosts or individual users.
Interference with or disruption of other network users, services
or equipment is prohibited. It is the client's responsibility to
ensure that their server is configured in a secure manner. A
client may not, through action or inaction, allow others to
use their network for illegal or inappropriate actions.
Unauthorized entry and/or use of another company's and/or
individual's computer system will result in immediate account
termination. We will not tolerate any subscriber attempting to access
the accounts of others, or penetrate security measures of
other systems.
Programs
We do not allow programs to run continually
in the background with high CPU utilization. This is to
minimize system resources used and operational maintenance
needed. We also do not allow running benchmarking software
on our servers due to their impact on the overall resources of the
servers.
If you are planning to run
high-volume (1000's of emails per day) mailing lists or
similar, you have to let us know in advance and make special
arrangements because the regular shared and virtual server hosting
accounts are not suitable for such activities.
IRC
We currently DO NOT allow any IRC servers, bots or any other IRC related software to be operated on our servers.
Commercial Advertising- Email (SPAM)
Spamming, or the sending of unsolicited
email, from a Rose Web Services L.L.C. server or using an
email address that is maintained by us is STRICTLY
prohibited and will qualify your account for immediate termination
with no refund. Rose Web Services L.L.C. will be the sole arbiter
as to what constitutes a violation of this provision.
Additionally, claims investigated by us about spam from any
of our users or users of theirs, will be fined and billed
for such work. The fee for such an instance if you are found
to be at fault is $.50 per email sent and up to a $500 fine
per incident.
Server abuse
Any attempts to undermine or cause harm to
any Company server or customer of ours is strictly
prohibited. Rose Web Services L.L.C. holds no responsibility
for the use of our clients' accounts. Any account that abuses resources
and actions are not taken to desist, calls for immediate
termination without any refund of payments made thus far.
Any site using what we deem to be excessive cpu cycles or
any other resource that causes strain to other sites may
also be offered new terms. Use of our services to access, or
to attempt to access, the accounts of others, or to penetrate,
or attempt to penetrate, security measures of ours or another
entity's computer software or hardware, electronic
communications systems, or telecommunications systems is
also prohibited.
Bandwidth
All sites hosted by us have the privilege of
unthrottled bandwidth. This means your site is placed on
our ultra fast servers and connected to multiple backbones
which allow a user to surf your site at unrestricted speeds.
If they visit your site through a 56k modem or a DS-3 line,
your site will always be reachable. You are not penalized for the high
bandwidth web surfer that creates high traffic spikes. If
your site's monthly usage is above your monthly total
allotment you will be billed for the overage or will be
asked to upgrade to the next higher hosting plan. We will
work with our clients to keep their sites alive and fast at
all times.
Backups
Rose Web Services L.L.C. utilizes
servers of highest quality. All servers are equipped with
RAID 1 or RAID 5 redundant disk systems to ensure that files
are never lost due to a hard drive failure. We are backing
up all servers for our own disaster recovery purposes about once weekly.
You need to make sure that you do not accidentally delete
any critical files you need. An additional backup service
might be available upon request for an additional low fee.
Also, you are advised to always backup all of your important
files to your local drive. The customer agrees that Rose
Web Services L.L.C. will NOT be responsible for lost data,
time, income or any other resource due to missing data.
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. Sharing
your password and account access with unauthorized users is
prohibited and 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 may
not attempt to circumvent user authentication or security of
any host, network or account. Users who violate systems or
network security may incur criminal or civil liability. We
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.
Refusal of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion.
We reserve 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.
Last revision: October 19, 2006
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