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Acceptable Use Policy / Terms and Conditions of Use

1. Introduction

The goal of Computer eXperts is to provide the best service possible for an enjoyable Internet experience. This Acceptable Use Policy ("AUP" or "Policy") is designed to keep Computer eXperts and the Internet enjoyable and useful for all of our subscribers. Violation of this Policy may result in suspension or cancellation of Computer eXperts services. Computer eXperts is committed to and supports the free exchange of information and ideas over the Internet.Computer eXperts does not actively monitor nor does Computer eXperts exercise editorial control over the content of any web site, electronic mail transmission, mailing list, news group or other material created or accessible over Computer eXperts servers. However, Computer eXperts reserves sole discretionary rights to remove any materials deemed potentially illegal, harmful to Computer eXperts business operations or equipment, or in violation of any part of this AUP or of the standard Computer eXperts Internet Agreement. Use of Computer eXperts Network's servers immediately constitutes acceptance and acknowledgement of this Acceptable Use Policy.

2. Restricted Content

Clients are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. Clients are expected to use his/her account for the purposes of maintaining a website only. Common sense is the best guide as to what is considered acceptable use.

Computer eXperts forbids websites with adult graphic content (softcore and/or hardcore), including, but not limited to, banner advertising, any adult website(s), child pornography, and distribution of adult website passwords. Client's whose accounts are found in violation of this policy may, at the discretion of Computer eXperts, have their account(s) terminated without notice and are subject to a maximum clean-up/disconnect fee.

Client's whose website promotes activities that violate federal, state, local, International laws and/or violation of U.S. export restrictions are also not welcome at Computer eXperts. This includes "warez" sites (freely distributing copyright programs), or sites promoting hacking and/or cracking programs. Client's whose accounts are found in violation of this policy may, at the discretion of Computer eXperts, have their account(s) terminated without notice and are subject to a maximum clean-up/disconnection fee. Additionally, Computer eXperts may contact the Software Piracy Association ("SPA") and release any information in connection with any illegal activities relating to software piracy on the Client's account.

IRC Bots, or any other automaton programs written in C, Perl or IRC-script used specifically in conjunction with IRC are not allowed. These programs tie up system resources and are in no way related to maintaining a website. Clients are not allowed to have any programs, including but not limited to, Eggdrop, or any other IRC-related programs, within their account. Client agrees not to upload the tar file for any of these programs or to execute them within their account. The first violation of this policy will result in the IRC-related program to be removed from the Client's account and Computer eXperts will notify the Client immediately of the violation. The second violation of this policy may, at the discretion of Computer eXperts, result in the Client's account(s) being terminated without notice and a maximum clean-up/disconnect fee.

Simply put, we ask that you use your account for the purposes of hosting a non-adult oriented, legal website.

3. Warranties/Disclaimers

Computer eXperts Internet service is provided on an "as is, as available" basis. No warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to Computer eXperts or any information or software therein. You release Computer eXperts from and Computer eXperts shall have no liability or responsibility for any direct, indirect, incidental or consequential damages suffered by you in connection with your use of or inability to use Computer eXperts services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, miss-deliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by you even if the same is caused by Computer eXperts own negligence. Without limiting the generality of the foregoing, Computer eXperts disclaims to the full extent permitted by applicable law any responsibility for (and under no circumstances shall be liable for) any conduct, content, goods and services available on or through the Internet or the Computer eXperts services. In no event shall Computer eXperts aggregate liability exceed the amount paid by you to Computer eXperts for the Computer eXperts services. Use of any information obtained via Computer eXperts Internet service is at the user's own risk. Computer eXperts specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.

4. Trademarks & Copyrights

Client warrants that it has the right to use the applicable trademarks, if any, and grants Computer eXperts the right to use such trademarks in connection with Computer eXperts Network's service.

Client agrees not to modify any copyright notices in features (Perl programs, etc.) provided by Computer eXperts. Modification of scripts provided by Computer eXperts without written permission is strictly prohibited.

5. Etiquette and Policies (spam etc)

Spamming is the sending of unsolicited e-mail, regardless of size or volume, to persons the sender does not know or have prior consent to send the message to. Using fictitious e-mail addresses, or any domain name hosted with Computer eXperts is strictly forbidden. Spamming also includes sending unsolicited advertisements to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user. A violation of this policy extends to clients who send unsolicited e-mail from a domain name not affiliated or hosted with Computer eXperts but the mail message makes mention of a website hosted with Computer eXperts.

Computer eXperts allows clients to send mailings to subscribers of their own mailing list. Such mailings must have explicit instructions to the recipient on how to remove his/her name from the list, and all requests to do so must be honored immediately. Client agrees not to send mailings to lists provided by an outside agency or individual. Client further agrees not to provide mailing list services to others. Due to the nature of a shared-server environment, Computer eXperts requests that mailing lists be sent during non-peak hours, specifically between the hours of 1:00 am and 5:00 am, Central Time (U.S.A). Computer eXperts reserves the right to terminate a client's mailing program, whether provided by Computer eXperts or not, immediately and without notification to client if said list causes a problem with the e-mail services of other clients. Computer eXperts also reserves the right to forbid a client from utilizing any mail-sending program that jeopardizes the mail services of other clients.

Due to the consumption of system resources and overloading of the e-mail server, Computer eXperts forbids the use of the "Gossamer Links" program by any client.

Trolling, the posting of outrageous messages to generate numerous responses, is also not allowed. Mailbombing, the sending of multiple messages without significant new content to the same user and/or subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system is strictly forbidden. Computer eXperts reserves the right to determine what constitutes abuse of this policy. Clients whose accounts are found in violation of this policy may, at the discretion of Computer eXperts, have their account(s) terminated without notice and are subject to a maximum $500 clean-up/disconnection fee.

The following should be noted ...

a. The network resources of Computer eXperts may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Computer eXperts All messages via Computer eXperts should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or postings. Users may not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access to said networks. Clients may not use Computer eXperts Network's server for mass e-mail or "spamming" purposes.

b. Computer eXperts may discontinue servicing any Plan, or may require fulfillment of terms or conditions Computer eXperts may choose to impose as a prerequisite for continuing to service any such Plan. Such discontinuation or requirement may not be unreasonable, however, and Computer eXperts agrees to provide Customer with reasonable notice by Email and fax of any such intent to discontinue or impose certain conditions.

c. Computer eXperts Network's services may not be used for illegal purposes, or in support of illegal activities. Computer eXperts reserves the right to co-operate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Activities which are prohibited as potentially illegal include, but are not limited to:

(i). Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources, and copyrighted software.
(ii). Threatening bodily harm or property damage to individuals or groups.
(iii). Making fraudulent offers of products, items, or services originating from your account.
(iv). Attempting to access the accounts of others or attempting to penetrate beyond security measures of our or other systems (referred to as hacking) whether or not the intrusion results in corruption or loss of data.
(v). Harassing others by 'mail-bombing'. 'Mail-bombing' constitutes sending more than ten (10) similar mail messages to the same e-mail address.
(vi). Forging any message header, in part or whole, of any electronic transmission, originating or passing through Computer eXperts services.
(vii). Distributing viruses to or from Computer eXperts systems.

6. Limited Liability

a. Client expressly agrees that use of Computer eXperts Network's Server is at Client's sole risk. Neither Computer eXperts, its employees, agents, resellers, third party information providers, merchants licensers or the like, warrant that Computer eXperts Server service will not be interrupted or be error free; nor do they make any warranty as to the results that might be obtained from the use of the Server service or as to the accuracy, or reliability of any information service or merchandise contained in or provided through the Computer eXperts Server service, unless otherwise expressly stated in this Agreement. Out 99% uptime guaranty only covers the amount that was paid for the services.

b. Under no circumstances, including negligence, shall Computer eXperts, its offices, agents or any one else involved in creating, or distributing Computer eXperts Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Computer eXperts Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Computer eXperts records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on Computer eXperts Servers.

7. Computer eXperts Right to Change Service

Computer eXperts reserves to right to change without notice the Computer eXperts service, including, but not limited to, tariff, hours of operation, menu structures, commands, documentation and vendors.

8. Computer eXperts Right to Modify its Acceptable Use Policies

Computer eXperts may at any time, revise the Acceptable Uses Policy with advanced notice given to clients. Renewal of an account with Computer eXperts constitutes acceptance to all modifications to the Acceptable Uses Policy and to the Contract for the account. The contract is automatically renewed 7 days before the date of expiry unless otherwise instructed by the client at the time of placing the order or via a notice at least 7 days prior to the account due date. An account is billed from the date the order is placed up to the date of expiry of the contract. The contract length is determined by the client at the time of placing the order.

9. Indemnification

Client agrees that it shall defend, indemnify, save and hold Computer eXperts harmless from any demands, liabilities, losses, costs and claims, including reasonable attorneys fees, ("Liabilities") asserted against Computer eXperts, its agents, its customers, servants, 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, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Computer eXperts against Liabilities arising out of

a. any injury to person or property caused by any products sold or otherwise distributed in connection with Computer eXperts Network's Server;
b. any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party;
c. copyright infringement and
d. any defective product which Client sold on Computer eXperts Server.

10. Excessive Resource Policy (CPU/Memory/Archiving/Backup)

Resources are defined as disk space, bandwidth, and/or computing resources (cpu, memory, disk i/o, # of files/inodes) utilization. Computer Xperts offers a shared hosting service in which environment customers may share resources with other customers, therefore it is imperative that Computer Xperts control any excessive usage and data archiving (excessive file/mail storage) by customers so that they do not disrupt the service quality of other customers using the same resources. You may not use your hosting account as a backup solution or to host archived mail. Archived mail is defined as messages older than thirty (30) days or emails totaling ten (10) gigabytes or larger. Our Services are designed to host active website data only and may not be used as a data repository. A hosting account is also considered using "Excessive amounts of resources" when it consumes 100% of the allocated resources on the subscribed hosting plan and/or subscribed scalable resource add-on(s) and/or 75,000 files also known as "Computing Resources", and/or "Resources", and/or "Resource Usage". There are numerous issues that could cause such problems, including but not limited to: cgi scripts, FTP, HTTP, etc. To prevent service disruption for other customers, a hosting account which exceeds the included computing resources will be slowed down automatically for as long as the resources are being overused. Computer Xperts will make every reasonable effort to notify customer prior to suspension, however, Computer Xperts may suspend any offending hosting account prior to notifying the customer of the account in the event that service disruption to other customers was/is caused. The customer whom is using "excessive resources" may be asked to upgrade his/her package to a more suitable hosting package, such as but not limited to a premium account, virtual private server or dedicated server. Computer Xperts will be the sole and final arbitrator as to what constitutes as a violation of this policy.

Client agrees to take all responsibility for all programs including CGI scripts executed under their account. Programs that consume an excessive amount of CPU run time or Random Access Memory (RAM) are not permitted. Client agrees and understands that such excessive use can have an adverse effect on the performance of the webserver. Client agrees to accept responsibility for programs executed under his/her account, regardless of who authored the program. The use of cgi or php chat scripts or pages is strictly prohibited. Computer eXperts provides an acceptable chat programs for clients with Unix Standard + accounts at no charge. Computer eXperts reserves the right to suspend accounts without notice to clients who violate these terms. Computer eXperts has sole discretion over what constitutes excessive usage.

This is the customer's responsibility to take regular backups to avoid any inconvenience. Our datacenter conducts weekly disaster recovery backup of the server and charge an amount for the restoration of any cpanel backup if available. Furthermore, datacenter does not take backup of those accounts which are consuming more than 20GB.

Programs provided by Computer eXperts as an installable feature are not exempt from this policy. While every efforts is made on Computer eXperts end to ensure the program it provides are efficient, problems with excessive usage on particular.

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