PDQwebhosting Terms of
Service
Please
read before you buy!
MP3's, Warez, ring tones, CGI Chat,shout
casts, pod cast, Dead Sites that use
background running, Download Sites, Gamers, IRC, Spam, Hacks, Media Streaming, proxy
servers, are not allowed on our servers. All sites must be legal & fully
acceptable. Adult sites are permitted with PRIOR aproval.
Although we backup data on a regular
basis we cannot be held liable for the loss of your data, please be sure to
backup your web site on a regular basis.
We support the uncensored flow of
information and ideas over the Internet and do not actively monitor subscriber
activity under normal circumstances. Similarly, we do not exercise editorial
control over the content of any web site, e-mail transmission, newsgroups, or
other material created or accessible over or through the services, except for
certain proprietary Web sites. However, in accordance with our TOS (Terms of
Service), we may remove any materials that, in our sole discretion, may be
illegal, may subject us
to liability, or which may violate this
AUP. PDQ Webhosting may cooperate with legal authorities and/or third parties
in the investigation of any suspected or alleged crime or civil wrongdoing.
Your violation of this AUP may result in the suspension or immediate
termination of either your PDQ Webhosting account or other actions as detailed
in Section 3 WITHOUT PRIOR NOTICE.
All domains hosted must be ‘live web
sites’ i.e. our hosting may NOT be used for file storage, home backups,
remotely hosted forums, chat room, relays
etc.
Virtual servers extensions or software of
this type are not permitted on our servers, this is cpu abuse and any account
found to be in violation of this will be terminated immediately.
Adsense and similar advertising website under 50MB are permitted on our servers
This document is intended to provide a
basic understand of PDQ Webhosting's Acceptable Use Policy. The following are
guidelines for the establishment and enforcement of PDQ Webhosting's AUP
· Ensure reliable service to our
customers
· Ensure security and privacy of our
systems and network, as well as the networks and
· systems of others
· Comply with existing laws
· Maintain our reputation as a
responsible service provider
· Encourage responsible use of the
Internet and discourage activities which reduce the
· usability and value of Internet
services
· Preserve the value of Internet
resources as a conduit for free expression and exchange
· of information
· Preserve the privacy and security of
individual users
· PDQ Webhosting intends to provide its
customers access to everything the Internet has
· to offer. While the PDQ Webhosting is
firmly committed to the principles of free speech,
· certain activities that may be damaging
to the resources of both the PDQ Webhosting and the
· Internet and cannot be permitted under
the guise of free speech. The resources of the
· PDQ Webhosting and the Internet are
limited, and abuse of these resources by one user has
· a negative impact on the entire
community.
We do not routinely monitor the activity
of accounts except for measurements of system utilization and the preparation
of billing records. However, in our efforts to promote good citizenship within
the Internet community, we will respond appropriately if we become aware of
inappropriate use of our service.
You may not use your dedicated rack or
virtual site to publish material, which we determine at our sole discretion, to
be unlawful, indecent or objectionable. For purposes of this policy,
"material" refers to all forms of communications including narrative
descriptions, graphics (including photographs, illustrations, images, drawings,
logos), executable programs, video recordings, and audio recordings.
If an account is used to violate the
Acceptable Use Policy or our TOS, we reserve the right to terminate your
service without notice. We prefer to advise customers of inappropriate
behaviour and any necessary corrective action, however, flagrant violations of
the Acceptable Use Policy will result in immediate termination of service. Our
failure to enforce this policy, for whatever reason, shall not be construed as
a waiver of our right to do so at any time.
As a member of our network community, you
must use your Internet access responsibly. If you have any questions regarding
this policy, please contact us at abuse@pdqwebhosting.com
VIOLATIONS OF out ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
Illegal use: services may not be used for
illegal purposes, or in support of illegal activities. We reserves the right to
cooperate with legal authorities and/or injured third
parties in the investigation of any
suspected crime or civil wrongdoing.
Harm to minors: Use of our service to
harm, or attempt to harm, minors in any way, including, but not limited to
child pornography.
Threats: Use of the our service to
transmit any material (by e-mail, uploading, posting or otherwise) that
threatens or encourages bodily harm or destruction of property.
Harassment: Use of our service to
transmit any material (by e-mail, uploading, posting or otherwise) that
harasses another.
Fraudulent activity: Use of our service
to make fraudulent offers to sell or buy products, items, or services, or to
advance any type of financial scam such as "pyramid schemes,"
"ponzi schemes," and "chain letters."
Forgery or impersonation: 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.
Unsolicited commercial e-mail / Unsolicited
bulk e-mail (SPAM) Use of the our service to transmit any unsolicited
commercial or unsolicited bulk e-mail is expressly prohibited.
Violations of this type will result in
the immediate termination of the offending account.
IMPORTANT NOTICE:
E-mail / News Bombing: Malicious intent
to impede another person's use of electronic mail services or news will result
in the immediate termination of the offending account.
E-mail / Message Forging: Forging any
message header, in part or whole, of any electronic transmission, originating
or passing through the Network is in violation of this AUP.
Usenet SPAMing: PDQ Webhosting has a zero
tolerance policy for the use of its network for the posting of messages or
commercial advertisements, which violate the rules,
regulations, FAQ or charter of any
newsgroups or mailing list. Commercial messages that are appropriate under the
rules of a newsgroup or mailing list or that are solicited by
the recipients are permitted.
Unauthorized access: Use of our service to access, or to attempt to access, the
accounts of others, or to penetrate, or attempt to penetrate, security measures
of our or another entity's computer software or hardware, electronic
communications system, or telecommunications system, whether or not the
intrusion results in the corruption or loss of data, is expressly prohibited
and the offending accounts are subject to immediate termination.
Copyright or trademark infringement: Use
of the our service to transmit any material (by e-mail, uploading, posting or
otherwise) that infringes any copyright, trademark,
patent, trade secret or other proprietary
rights of any third party, including, but not limited to, the unauthorized
copying of copyrighted material, the digitization
and distribution of photographs from
magazines, books, or other copyrighted sources, and the unauthorized
transmittal of copyrighted software.
Collection of personal data: Use of our
service to collect, or attempt to collect, personal information about third
parties without their knowledge or consent.
Network disruptions and unfriendly
activity: Use of the service for any activity which affects the ability of
other people or systems to use or service or the Internet.
This includes "denial of
service" (DOS) attacks against another network host or individual user.
Interference with or disruption of other network users, services or equipment
is prohibited. It is the Member's
responsibility to ensure that their network is configured in a secure manner. A
Subscriber may not, through action or inaction, allow others to use
their network for illegal or
inappropriate actions. A Subscriber may not permit their network, through
action or inaction, to be configured in such a way that gives a
third party the capability to use their
network in an illegal or inappropriate manner. Unauthorized entry and/or use of
another company and/or individual's computer system
will result in immediate account
termination. The Network will not tolerate any subscriber attempting to access the
accounts of others, or penetrate security measures of other systems, whether or
not the intrusion results in corruption or loss of data.
Fraud: Involves a knowing
misrepresentation or misleading statement, writing or activity made with the
intent that the person receiving it will act upon it.
Infringement of Copyright, Patent,
Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or
posting of copyrighted or the aforementioned infringements will not be
tolerated.
Distribution of Viruses: Intentional
distributions of software that attempts to and/or causes damage, harassment, or
annoyance to persons, data, and/or computer systems are prohibited. Such an
offence will result in the immediate termination of the offending account.
Inappropriate Use of Software: Use of
software or any device that would facilitate a continued connection, i.e.
pinging, while using PDQ Webhosting services could result in suspension service.
Third Party Accountability: PDQ
Webhosting subscribers will be held responsible and accountable for any
activity by third parties, using their account, that violates guidelines
created within the Acceptable Use Policy.
Violation Of PDQ Webhosting Virtual
Accounts: It is absolutely forbidden to host pornographic content or IRC
servers on Virtual Server Accounts. Virtual Server Accounts found hosting this
material will be subject to immediate cancellation without refund.
IRC networks: It is absolutely forbidden
to host an IRC server that is part of or connected to another IRC network or
server. Servers found to be connecting to or part of these networks will be
immediately removed from our network without notice. The server will not be
reconnected to the network until such time that you agree to completely remove
any and all traces of the irc server, and agree to let us have access to your
server to confirm that the content has been completely removed. Any server
guilty of a second violation will result in immediate account termination.
Unlimited bandwidth Accounts: Unlimited Accounts
are indeed unlimited. These accounts are not to be used to host a collection of
MP3's, Warez, Backup Your Home Computer. They accounts may also not be used as
a download distribution point for your bundled software. It is to be used for
standard web practices and only standard web practices. If you have a
questionable concern open a ticket with the helpdesk:
http://www.pdqwebhosting.com/support.htm If you know your site is going to use
an un-normal usage, and sign up knowing this, we will require you to get a
dedicated server. If you have any questions in regards to this contact our
helpdesk. Un-Normal usage is anything that a shared server would not be able to
provide. Again Contact us for approval if you feel you will fall into this
clause.
Streaming Video and Audio: Streaming
Video and Audio, shoutcasts etc are not permitted on our servers. You must zip
the content to prevent this if you wish to have it hosted.
Egg Drop - Egg Drop Scripts are Not
allowed, These are grounds for immediate account deletion without a refund.
Legal - If it is not legal in the United
States of America and United Kingdom, It is not permitted to reside on our
server. If found sites will be suspended.
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.
Your password provides access to your
account. It is your responsibility to keep your password secure.
Sharing your password and account access
with unauthorized users is prohibited. You should take care to prevent others
from using your account since 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 must adopt adequate security measures
to prevent or minimize unauthorized use of your account.
You may not attempt to circumvent user
authentication or security of any host, network or account. This includes, but
is not limited to, accessing data not intended for you, logging into or making
use of a server or account you are not expressly authorized to access, or
probing the security of other networks. Use or distribution of tools designed
for compromising security is prohibited. Examples of these tools include, but
are not limited to, password guessing programs, cracking tools or network
probing tools.
SSH access is not permitted for any
reason. Users who attempt to connect via SSH are subject to having their
accounts either suspended or terminated without notice.
You may not attempt to interfere with
service to any user, host or network ("denial of service attacks").
This includes, but is not limited to, "flooding" of networks,
deliberate attempts to overload a service, and attempts to "crash" a
host.
You agree to pay for our hosting service
in U.S. dollars unless otherwise stated and agreed to prior to your making a
purchase.
Users who violate systems or network
security may incur criminal or civil liability. PDQ Webhosting 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.
Network Performance
Our accounts operate on shared resources.
Excessive use or abuse of these shared network resources by one customer may
have a negative impact on all other customers. Misuse of network resources in a
manner which impairs network performance is prohibited by this policy and may
result in termination of your account.
You are prohibited from excessive
consumption of resources, including CPU time, memory, disk space and session
time. You may not use resource-intensive programs which negatively impact other
customers or the performances of our resources. We reserves the right to
terminate or limit such activities.
Our accounts operate on shared resources.
Excessive use or abuse of these shared network resources by one customer may
have a negative impact on all other customers. Misuse of network resources in a
manner which impairs network performance is prohibited by this policy and may
result in termination of your account. Any one
site or reseller account found to be utilizing in excess of 10% of the system
resources at any given may be suspended. We reserve the right to terminate
such account if we see fit.
Uptime Guarantee: our uptime guarantee is based on
network connection time as monitored by several independent monitoring
services. If our server connection time is less than 99.5% as reported by these
services, we will credit your account with 4 time the amount of downtime over
and above our guarantee i.e. if the server is offline for an extra day we will
credit your account with 4 extra days. Please email us for your credit.
REPORTING VIOLATIONS OF AUP
PDQ Webhosting requests that anyone who
believes that there is a violation of this AUP direct the information to the
Abuse Department at abuse@pdqwebhosting.com.com .
If available, please provide the
following information:
The IP address used to commit the alleged
violation
The date and time of the alleged
violation, including the time zone or offset from GMT
Evidence of the alleged violation
E-mail with full header information
provides all of the above, as do system log files. Other situations will require
different methods of providing the above information. We may take any one or
more of the following actions in response to complaints:
· Issue written or verbal warnings
· Suspend the Member's newsgroup posting
privileges
· Suspend the Member's account
· Terminate the Member's account
· Bill the Member for administrative
costs and/or reactivation charges
· Bring legal action to enjoin violations
and/or to collect damages, if any, cause by violations
Money back guarantee: If you purchased a
deal that came with a money back guarantee this refund will be subject to Ebay
listing fees, paypal fees and setup charges outlined in these terms
Please note that our prices are not
guaranteed for life but we will try to a give a minimum of 60 notice of any
pending price increase.
Refunds: Due to the costs involved in
advertising, paypal fees, listing fees etc. in the first 3 months all refunds
will be subject to a minimum $5.50 penalty. After 3 months the penalty will be
$5.50 plus 50 cents per month that you have been using our service.
T.O.S. violations: at our sole descretion we may suspend a domain rather than terminate it. If a domain is suspended for a TOS violation there will be a $7.50 charge to unsuspended the domain.
REVISIONS TO THIS ACCEPTABLE USE POLICY
We reserves 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. Notice of any revision, amendment, or
modification will be posted in accordance with our TOS (Terms of Service).