Index
of Hosting Rules and Terms of Service.
Summary of Standard Applicable Policies
CustomBizsites.com provides Internet Web hosting,
Design, Marketing and other services.
CustomBizsites.com believes that we provide the best
possible service, and in the best interests of our clients, we provide the following standard applicable policies.
CustomBizsites.com is the sole and final arbiter as to the terms and conditions of the following. Accounts are subject to the terms outlined below. By utilizing
CustomBizsites.com's services, the client agrees to be bound by the following standard applicable policies:
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Hosting Account Content
All services provided by CustomBizsites.com
may be used for lawful purposes only. Transmission, distribution, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to, Copyrighted material, material we judge to be threatening or obscene, material protected by trade secrets and other statutes. The subscriber (“User”) agrees to indemnify and hold harmless
CustomBizsites.com from any claims resulting from the use of the service which damages the subscriber or any other party. All materials stored in the site will be directly those of the owner and user of the site. No client may store extra files unused or unspecified for the account.
Pornography and pornographic related merchandising are prohibited on all of the
CustomBizsites.com Web Hosting Services. This includes sites that include links to pornographic content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to
CustomBizsites.com servers or any other server on the Internet. Links to such materials are also prohibited. Further examples of unacceptable content or links include pirated software, “hacker” programs, archives of “Warez Sites”, game rooms or
MUDs, Chat Rooms, any kind of software or shareware, any illegal audio/video (MP3, illegally recorded samples etc.), any MPEG or MP3 content or streaming (i.e. Real Audio or Real Video) content of any kind, unless stored and utilized under a specifically approved plan on a designated
server.
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Unsolicited Commercial Email
(UCE)/ Email Spamming
Spamming, or the sending of unsolicited and/or bulk email messages, including, without limitation, commercial advertising and informational announcements, from a
CustomBizsites.com server or from an email address that is maintained by
CustomBizsites.com is strictly prohibited
User will be charged a minimum $500.00 service charge for each instance of verifiable UCE that is reported to
CustomBizsites.com and faces account suspension and/or termination.
None of the following is an acceptable use of CustomBizsites.com's resources
Sending UCE referencing an email address for any domain hosted by
CustomBizsites.com; Sending UCE referencing a domain hosted by
CustomBizsites.com; Sending UCE referencing an IP address hosted by
CustomBizsites.com; Posting advertisements on
IRC, ICQ, or any other public chat system; Activities deemed to be unsolicited marketing efforts or otherwise harassing; and
Other activities deemed to be unacceptable by
CustomBizsites.com. CustomBizsites.com will be the sole arbiter as to what constitutes a violation of these provisions.
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Storage, Transfer and Usage - Unlimited Plan
CustomBizsites.com is pleased to offer our customers unlimited Website space and traffic.
CustomBizsites.com provides the unlimited space and unlimited transfer in good faith to our customers so that they may create their Websites without the fear of running over their Web space or Web traffic allocation. While most customers will use the extra Web space and traffic for their legitimate Web site needs, we recognize that others may try to take advantage of our generous offer and use the space and traffic in ways for which it is not intended. In the best interests of our clients and in an effort to maintain the integrity of our service, the following common sense rules will apply:
User’s site must use and store only the information and data that relates to the Website, at the IP address provided by
CustomBizsites.com;
User may not resell or give away Web space under a domain name, nor may User build Websites that house “sub domain” Websites on behalf of other companies, groups or individuals.
User may not use its Website to store Web pages, files or data for other IP addresses or domain names, nor may User use its Website primarily as a repository for file, data or “Warez group” download transfers.
CustomBizsites.com reserves the right to make this determination, in its sole and absolute discretion;
User may not use its Website as a storage area for files that are not linked to Users’ Web pages. That is, the unlimited space and unlimited traffic are provided for Users Website, not for Users personal file storage area;
CustomBizsites.com's “unlimited traffic and storage” offer is to provide
CustomBizsites.com’s customers with storage space and bandwidth for active Web pages and cannot be used as a “storage space” for electronic files. An example of sites that fall under “electronic storage” are large archives of images, compressed files, movies, or sound files.
CustomBizsites.com permits up to 15 megabytes of archive storage, e.g. avi or wav files (excluding
RealVideo/Audio files), images, compressed files, shareware, games, programs, etc.
(RealVideo/Audio are not permitted in any form at this time in any plan). To ensure proper use, all HTML pages MUST be linked to files (HTML,
.jpg, .gif, etc.) stored on
CustomBizsites.com’s server and vice versa. CGI/PERL chat, JAVA chat or any other chat scripts are also not allowed and are considered an abuse of unlimited bandwidth. Any
CGI/PERL, JAVA or any other scripts that consume large amounts of CPU usage or memory are also not permitted.
Real Audio/Video is permitted for clients who have elected and ordered
CustomBizsites.com’s Real Audio/Video package. All Real Audio/Video packages have traffic and data storage measured and metered independently from Web hosting plans. All Real content must be stored on the designated Real server.
CustomBizsites.com may take whatever steps necessary to provide its services, and to provide for the enjoyment of such services by all of
CustomBizsites.com's clients, and to ensure that certain clients do not utilize services to the detriment of other clients.
CustomBizsites.com does not allow adult oriented sites, nor do we permit the posting of links, information or banners that reference adult oriented material.
CustomBizsites.com does not permit sites in the Unlimited Plan where 20% or more of the monthly traffic is from file downloads, or sites that use more than 10% of system resources, or sites which in
CustomBizsites.com’s view are detrimental to the enjoyment of
CustomBizsites.com's services by CustomBizsites.com’s other clients, or are in the sole and final judgment of the Host, detrimental to network or business operations.
CustomBizsites.com will be the sole and final arbiter as to Websites or usages of resources that constitute violation or intent to violate our policies. Those users found in violation of these policies are subject to a $500.00 service charge for each instance of violation, exclusive of charges for the bandwidth and/or other resources utilized. Websites which
CustomBizsites.com must suspend or cancel due to violation of these rules are not eligible to receive a refund
under our 30 day money back guarantee, and are subject to charges for bandwidth and usage of resources at twice the standard rate for such resources. Acceptance of these Policies constitutes an acceptance of any fines, penalties or service charges which might arise out of violation of these policies.
Users with Websites that do not comply with these simple rules, or who seek to take advantage of
CustomBizsites.com unlimited storage or traffic plan in any other way, will, at the discretion of
CustomBizsites.com, have their sites canceled and/or removed from the servers and have service charges assessed at the discretion of
CustomBizsites.com.
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Terms and Termination
User has 30 days from date of account setup to be eligible for a refund. All refunds requested with a “valid complaint” will receive a refund of the charged periods. Specifically from beginning of sign up to month’s end and following charged months if the beginning of the month and its charge have fallen in the 30 day period. What constitutes a “valid complaint” shall be determined by
CustomBizsites.com in its sole and absolute discretion.
User will not receive a refund for any setup fees or any fees other than the monthly recurring hosting fees.
User will not receive a refund for any other reason, including but not limited to: late cancellation, slow connection caused by client’s ISP/network, client’s ignorance, InterNIC delays, account termination for violation of policies.
CustomBizsites.com reserves the right to terminate this agreement, and to delete the Website from its hardware, immediately upon the occurrence of any of the following events:
Non payment of any charges due from User; Breach of any term or condition of this agreement by User; and
Commencement of any lawsuit or proceeding against User arising from or relating to its use of the Website, whether or not such suit names Provider as a party or seeks and recovery from
CustomBizsites.com.
Payment for any charges is due upon the date of the invoice. All payments must be in U.S. Dollars. Accounts which have balances outstanding shall be deemed to be in default and subject to termination of service. Any charge that is not paid within thirty (30) days from the date of the invoice shall be subject to an interest rate of 1.5% per month, or the maximum allowed by law. User shall be responsible for all costs of collection, including reasonable attorney’s fees and court costs, in event of a default for nonpayment of any amounts due
CustomBizsites.com.
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Indemnification of Provider/Relationship of Parties
User agrees to indemnify and hold
CustomBizsites.com harmless from any lawsuit, claim, charge, or expense, including reasonable attorney fees and costs of defense, for any matter arising from or relating to User’s Website provided hereunder.
Nothing contained herein shall be deemed to create a relationship between CustomBizsites.com
and User in the nature of a partnership, joint venture, editor/publisher or otherwise. Both parties acknowledge and agree that
CustomBizsites.com has no interaction with the data or substance of User’s Website, except as necessary to maintain the Website.
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Security/Software
User agrees to take all steps reasonable, necessary, and prudent to protect User’s login id and password.
User agrees not to attempt to undermine or cause harm to any server, software, system or customer of
CustomBizsites.com.
User agrees to maintain Users’ computing equipment responsibly, including running virus software.
Uploading a virus to a CustomBizsites.com server will result in account termination, service charges and/or prosecution.
User acknowledges that CustomBizsites.com cannot provide technical support for any software and/or script that the User installs, other than variable name changes. User also acknowledges that
CustomBizsites.com does not supply technical support for Microsoft Frontage, other than initial configuration.
CustomBizsites.com supplies technical support for Web hosting issues only.
CustomBizsites.com shall be the sole arbiter as to what constitutes a “Web host” issue.
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Violation
Any attempt to undermine or cause harm to a
CustomBizsites.com server or another customer’s Web presence is strictly prohibited. Any violation of the above terms or conditions will result in grounds for account termination, with no refunds given;
CustomBizsites.com reserves the right to remove any account without prior notice. Violation of these policies may result in legal action, service charges or a combination thereof.
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Refusal of Service
CustomBizsites.com reserves the right to refuse or cancel service at our sole discretion with no refunds.
If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation.
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Disclaimer
