At 352Hosting.com, we value our Customers and wish to provide them with a positive experience. To offer you the best service possible, all Customers need to follow the same rules and guidelines. These policies are intended to make 352Hosting.com's Service available to all our Customers as consistently and efficiently as possible.
All services may be used for lawful purposes only. Through 352Hosting.com's Service, you may have access to Chat Areas, Bulletin Boards, Web Pages, eMail, or other Services that enable you to send or post materials ("content") and make that content available to others. You must not submit, publish, or display on the Network any defamatory, inaccurate, abusive, obscene, infringing, or threatening content. In addition, you may not submit, publish, or display any content that violates any US Federal, State, or Local Law. You are solely responsible for the content you make accessible through the 352Hosting.com Network. You may not use the Service to assist any other person or entity to violate any Federal, State, or Local Laws, Ordinances or Regulations.
352Hosting.com is not obligated to monitor the Network to examine available content. You hereby acknowledge that if we are made aware of content that is determined to be, in its sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, 352Hosting.com has the right, but not the obligation, to edit, remove or deny access to such content. 352Hosting.com may disclose any content or records concerning Customer's account as required to satisfy any Law, Regulation, Governmental Request or Court Order.
Pornography and sex-related merchandising are prohibited on all 352Hosting.com Servers. This includes Sites that may infer sexual content, display nudity, or link to adult content elsewhere. This is also true for Sites that promote any illegal activity or content that may be damaging to 352Hosting.com's Servers or any other Server on the Internet. Links to such materials are also prohibited. In addition, any Site Selling or promoting Bulk eMail Service is not allowed. Below are some examples of non-acceptable content or links:
- Adult Sites - Any erotic or pornographic material, links to adult sites, or advertisements for adult sites.
- Pirated Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost; i.e. ROMs, ROM Emulators and MPEG Layer 3 files (MP3).
- Copyright Violations - Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer.
- Hacking/Phreaking - Includes sites with material, links, or resources for hacking, phreaking, viruses, anarchy, or any type of site that promotes or participates in willful harm to Internet Sites or Providers.
Customers may not use the 352Hosting.com Network with an 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 the Customer, logging into a Server or Account the Customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's Security Policy. Customers may not attempt to interfere or deny service to any User, Host or Network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a Host or Network. OLM 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. Users who violate System or Network Security may incur Criminal or Civil Liability.
Each 352Hosting.com Account comes fully equipped with its own pre-configured CGI-Bin. Customers are free to use any CGI-Scripts provided with their account or add any additional ones they require. Any CGI-Scripts deemed to be adversely affecting the Server performance or the Network integrity may be shut down without prior notice. CGI-Script sharing with Domains not hosted by OLM is not allowed.
352Hosting.com prohibits its Customers from installing outside chat rooms on their Domain, as these tend to be a resource problem. 352Hosting.com does provide its Customers a choice of Java Chat rooms to choose from for a nominal monthly charge. These chat rooms were designed to meet the growing needs of Customers and function without hindering the performance of the Servers for others.
Any Web Site that uses a high amount of Server resources (such as, but not limited to CPU Time, Memory Usage, and Network Resources) will be given an option of either upgrading their service level or reducing the resource used to an acceptable level.
Background Running Programs
Background Daemons in general are prohibited. 352Hosting.com will consider requests on a Per Application Basis. If allowed, extra charges will be assessed based on resource requirements for system maintenance.
352Hosting.com currently prohibits its Customers from operating IRC or IRC Bots on any of the Servers in the 352Hosting.com Network.
Commercial Advertising/ Mass Mailings
You must not use the 352Hosting.com Network, 352Hosting.com Equipment or any 352Hosting.com eMail Address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your Domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the 352Hosting.com Network, 352Hosting.com Equipment or any 352Hosting.com eMail Address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.
If you are found to have spammed, without warning, 352Hosting.com reserves the right to disable your Domain. In addition, 352Hosting.com may impose a $100 penalty for each spam policy violation. 352Hosting.com solely reserves the right to refuse or cancel service to known spammers. Lastly, 352Hosting.com reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
Distribution and/or Transmission of Obscene, Indecent Speech or Materials
Violation of Indecency and Obscenity Laws can result in Criminal Penalties.
Intellectual Property Rights
Material accessible to you through 352Hosting.com's Services may be subject to protection under the United States or other Copyright Laws, or laws protecting Trademarks, Trade Secrets or Proprietary information. Except when expressly permitted by the owner of such rights, you must not use the 352Hosting.com Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the 352Hosting.com Network. If you use a domain name in connection with the 352Hosting.com Service or similar service, you must not use that Domain Name in violation of any Trademark, Service Mark, or similar rights of any third party.
Defamatory speech distributed over the Internet can result in Civil Liability for the defamer.
Refusal of Service
352Hosting.com reserves the right at its sole discretion to refuse or cancel service. Violation of any of 352Hosting.com's Rules and Regulations could result in a Warning, Suspension, or possible Account Termination. Accounts terminated due to policy violations will not be refunded.
Customer agrees that it will protect, indemnify, save and hold 352Hosting.com harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's fees assessed against 352Hosting.com, its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it's customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold 352Hosting.com harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with 352Hosting.com's Services; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright violation and any defective products sold to a Customer from 352Hosting.com's Services.
352Hosting.com will not be responsible for any damages your business may suffer. 352Hosting.com makes no warranties of any kind, expressed or implied for services we provide. 352Hosting.com disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by 352Hosting.com and its employees. 352Hosting.com reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.
352Hosting.com furthermore expects that its Customers who provide Internet services to others will fully comply with all applicable laws concerning the Privacy of On-line Communications. A Customer's failure to comply with those laws will violate this policy. Finally, 352Hosting.com wishes to emphasize that in accepting services, Customers indemnify 352Hosting.com for the violation of any law or 352Hosting.com policy, that results in loss to 352Hosting.com or the bringing of any claim against 352Hosting.com. This means that if 352Hosting.com is sued because of activities of the Customer that violate any law, or this policy, the Customer will pay any damages awarded against 352Hosting.com, plus costs and reasonable attorneys' fees.
352Hosting.com guarantees that the network will be available 99.9% of the time in a given month, excluding scheduled maintenance. 352Hosting.com will refund the customer 5% of the monthly fee per additional 1 hour of downtime (up to 100% of customer's monthly fee). Network uptime includes functioning of all network infrastructure including routers, switches and cabling. Network downtime exists when a particular customer is unable to transmit and receive data and 352Hosting.com records such failure. 352Hosting.com cannot be responsible for its upline providers or any adverse conditions that may occur outside of the 352Hosting.com network. Network downtime is measured from the time the trouble ticket is opened by a customer to the time the server is once again able to transmit and receive data.
352Hosting.com Networks guarantees the functioning of all leased hardware components and will replace any failed component at no cost to the customer. Hardware replacement will begin immediately upon identification of the hardware failure and is guaranteed to be complete within 2 hours of problem identification. In the event that it takes us more than 2 hours to replace faulty hardware, 352Hosting.com will refund the customer 5% of the monthly fee per additional hour of down time (up to 100% of customer's monthly fee). Please note, the setup fee on dedicated servers is non refundable. Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included under the server lease.
352Hosting.com insures that all personal information being voluntarily submitted to us in the processing of your order (to be used for record and billing purposes, etc.), inclusive, but not limited to, credit card and other personal information, will be kept strictly confidential and used "solely" by 352Hosting.com, its authorized representatives and employees; for the strict purpose for which it was intended, and for the benefit of the Subscriber. We agree not to share, rent, sell or release this information to any individual, entity or third party, for any reason, without the specific written consent of the Subscriber; with exception as required by Law, Regulation or Governmental Authority.
352Hosting.com is committed to protecting and securing all Subscriber provided information, through the use of firewalls and additional security measures in place at its physical facilities to protect against the loss, misuse or alteration of such information.