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At Exemplar.biz Hosting, 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 Exemplar.biz Hosting
System available to all our customers as consistently and efficiently as
possible. In addition, these policies ensure the lowest prices in the
hosting market, for high quality service.
Please read and understand our policies as
they are to protect the best interest of our customers as a whole. Doing
Business with Exemplar.biz Hosting constitutes an agreement with these
stated policies. Policies can change without notice.
Exemplar.biz Hosting System reserves the
right to suspend or cancel a customer's access to any or all services
provided by Exemplar.biz Hosting System when Exemplar.biz Hosting
decides that the account has been inappropriately used. If you are unsure
whether any contemplated use or action is permitted, please Email us at
Webmaster@Exemplar.biz
Hosting and we will assist you.
The Exemplar.biz Hosting
System is designed for organizations, businesses, and for content
distribution whether personal, educational or for entertainment. In most
cases the issues of content problems or activities do not exist.
We setup clear policy to keep
our system and the Internet as a whole - free from abuse and legal problems.
The following content is not appropriate for
the Exemplar.biz Hosting System:
- Sexual-related content, activities or
merchandise. This applies to sexual counseling and conversation,
merchandising, and any time of nudity or partial nudity. ALL Adult
sites are prohibited.
- Questionable business practices
such as those that violate anti-trust, racketeering, fraud laws. This
also includes ponzi schemes, chain letters or pyramiding laws, and
some multi-level marketing companies. Gambling and certain contests
are not permitted.
- Copyright violations - Pirated
software such as warez, unlicensed images, text, music or any other
multi-media items. Violation of copyrights held by individuals and
corporations or other entities can result in civil and criminal
liability for the infringer. THIS INCLUDES 3rd-party MP3 and STREAMING
MUSIC unless the artist permission has been received. Please send
permissions via email to
webmaster@Exemplar.biz
NOTE: MP3 and Multi-media activity requires the $24.99 account
package with the exception of Real Audio.
- Defamation -- Defamatory speech
distributed over the Internet can result in civil liability for the
defamer and litigation against the ISP whose facilities were used to
distribute the defamatory material.
- Hacking / Phreaking - Includes
sites with material, links, or resources for Hacking, Phreaking,
Viruses, Anarchy. Any activity that is designed to consume resources,
degrade performance or compromise the security of ANY Internet Web
site or server.
- Distribution and/or Transmission of
Obscene or Indecent Speech or Materials -- Violation of indecency
and obscenity laws can result in criminal penalties.
- Links to any sites infringing on
the above standards.
Network
Security & Usage Policy
Customers may not use the Exemplar.biz Hosting 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.
Exemplar.biz
Hosting 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.
Downloading and Software Distribution
Software distribution of your product requires a special account. This
includes MP3 and other multi-media formats with the exception of Real Audio
which is available with our $14.99 account. Our $24.99 account is available
for those that wish to stream video, have file download sections, and provide
MP3 and other multi-media formats. Limitation - server resources cannot exceed
20% peak. NOTE: Normal activity usually peaks at 1% for any given web site.
CGI Scripts
Each Exemplar.biz Hosting 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 Exemplar.biz Hosting is not allowed.
Chat Rooms
Exemplar.biz Hosting prohibits its customers from installing outside chat
rooms on their domain, as these tend to be a resource problem. Exemplar.biz
Hosting 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.
Server Resources
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. Exemplar.biz Hosting will
consider requests on a per-application basis. If allowed, extra charges will
be assessed based on resource requirements for system maintenance.
IRC
Exemplar.biz Hosting currently prohibits its customers from operating IRC
or IRC Bots on any of the servers in the Exemplar.biz Hosting Network.
Gaming
Exemplar.biz Hosting does not allow gaming programs, contest systems,
or gambling sites.
Commercial Advertising/ Mass Mailings
You must not use the Exemplar.biz Hosting Network, Exemplar.biz Hosting
equipment or any Exemplar.biz Hosting 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 Exemplar.biz Hosting Network,
Exemplar.biz
Hosting equipment or any Exemplar.biz Hosting 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, Exemplar.biz Hosting
reserves the right to disable your account. In addition, Exemplar.biz
Hosting may impose a $100 penalty for each spam policy violation.
Exemplar.biz
Hosting solely reserves the right to refuse or cancel service to known
spammers. Lastly, Exemplar.biz Hosting reserves the right to determine what
violates this policy. As such, any violation may result in cancellation of
services without refund.
Export
Control Violations -- The law limits the ability of persons to
export encryption software, over the Internet or otherwise, to points
outside the United States.
Image
Repository -- Your account is not to be used as a software/image
repository. This means you cannot use your account to store images that
are pulled from another website. An example of this would be storing
images to be pulled from an eBay auction site.
Refusal
of Service
Exemplar.biz Hosting reserves the right at its sole discretion to refuse or
cancel service. Violation of any of Exemplar.biz Hosting's Rules and
Regulations could result in a warning, suspension, or possible account
termination. Accounts terminated due to policy violations will not be
refunded.
Exemplar.biz Hosting strictly prohibits
harassment, whether through language, frequency, or size of messages.
Forging of header information is not permitted. Exemplar.biz Hosting does
not allow unsolicited mail. This includes "Spamming" and
"Bulk Mail" sent to persons who have otherwise not requested to
receive such mail. The reason for this is that not only is it generally
frowned upon by the internet community, but it also demands extra bandwidth
to handle the effects of such mail. If you have
software on your web site that is being exploited to send out spam, the
software will be removed or made inoperable until the software is updated.
Exploited software causes our mail server to be blocked by many servers and
affects the overall performance of the server itself.
Exemplar.biz
Hosting Services are Intended for the End User Only
Customers cannot sublease, sub host, or give
away control of any portion of Exemplar.biz Hosting' resources unless
your web host package states that you can. For customers who wish to
sublease web space, Exemplar.biz Hosting offers a very competitive resale
program.
Violation of any of
Exemplar.biz
Hosting' Rules and Regulations could result in a warning, suspension, or
possible account termination. Accounts terminated due to policy violations
will not be refunded.
You will be invoiced by EMAIL ONLY one
month before your renewal date. This will allow you time to mail in your
payment. Please provide us with an email address that remains constant. Such
as a Yahoo or Hotmail email account.
Please mail you payments to:
Exemplar Web Hosting
6707 Krenson Oaks Circle
Lakeland, FL 33810
If your email address ever changes, please
notify our office as soon as possible.
Past Due Accounts
You account is considered past due if we do not
receive your check by the due date. When an account is past due our system
will automatically send you notifications that your account is past due. Your
account will be suspended one week after the
due date. Your account, email and data will be deleted two
weeks after the due date and it is assumed that you are canceling
your account. There is no reactivation charge for past due accounts
unless the account is deleted.
If there is a certain hardship you are
experiencing, please call for arrangements to avoid deletion of your
account.
Cancellation
No formal cancellation is needed. We assume
that you are canceling your account is payment is not received by two weeks
after due date. Simply stop payment if you wish to cancel.
All payments must be
in U.S. currency
The primary e-mail address that is entered
on the sign-up form will be our main contact with you. All invoices,
notifications, and correspondence between Exemplar.biz Hosting and the
customer is through this primary e-mail address. It is the customer’s
responsibility to provide a valid primary e-mail address. If your primary
e-mail address needs to be updated, please contact
webmaster@Exemplar.biz.
Exemplar.biz
Hosting will not be responsible for the possibility of any downtime of
services due to not receiving proper notification.
Note: The primary e-mail address
must be at a domain other than the customer’s domain. Our suggestion is
to use your ISP’s email account or a web-based free email account like
hotmail or yahoo.
Exemplar.biz Hosting reserves the right to
cancel service at any time. All fees paid in advance of cancellation will be
pro-rated and paid by Exemplar.biz Hosting if Exemplar.biz Hosting
institutes its right of cancellation. If cancellation is caused by customers
violation of our policies, then no refund will be disbursed.
There is no need for a customer to cancel their
account. Simply stop payment and your account will be deleted two weeks from
due date.
Backups
Backups should be kept by customer. Exemplar.biz Hosting will not be
responsible for loss of data.
Web Site Content
Management
Website construction and management is the responsibility of the client.
Exemplar.biz Hosting can
provide web development assistance at market rates.
Client-maintained backup of all site files is
recommended and should be maintained outside of the Exemplar.biz Hosting
System.
Log Files
Log files will be deleted on a periodic basis. Users are responsible for
downloading their log files. It is recommended that clients who wish to
maintain a history of their log files download them monthly.
System Outage
Exemplar.biz Hosting Network does not guarantee that our services will be
uninterrupted and will not be held liable for any claims resulting from the
use or the inability to use Exemplar.biz Hosting Network services
including, but not limited to, service interruptions, Internet connectivity
problems, unauthorized access to Exemplar.biz Hosting Network servers,
domain name registrar problems, DNS caching, Internet bandwidth congestion,
power failures, Denial of Service attacks and natural disasters.
Disclaimer
Exemplar.biz Hosting will not be responsible for any damages your
business may suffer. Exemplar.biz Hosting makes no warranties of any
kind, expressed or implied for services we provide. Exemplar.biz Hosting
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 Exemplar.biz
Hosting and its employees. Exemplar.biz Hosting reserves the right to
amend or update these policies without notice. Failure to follow any terms
and conditions may result in account deactivation.
Exemplar.biz Hosting furthermore expects that its customers who
provide Internet services to others will fully comply with all applicable
laws concerning the privacy of online communications. A customer's failure
to comply with those laws will violate this policy. Finally, Exemplar.biz
Hosting wishes to emphasize that in accepting services, customers indemnify
Exemplar.biz
Hosting for the violation of any law or Exemplar.biz Hosting policy, that
results in loss to Exemplar.biz Hosting or the bringing of any claim
against Exemplar.biz Hosting. This means that if Exemplar.biz Hosting
is sued because of activities of the customer that violate any law, or this
policy, the customer will pay any damages awarded against Exemplar.biz
Hosting, plus costs and reasonable attorneys' fees.
Indemnification
Customer agrees that it will protect, indemnify, save and hold Exemplar.biz
Hosting harmless from any and all stipulations, liabilities, losses,
expenses and claims, as well as reasonable attorney's fees assessed against
Exemplar.biz
Hosting , 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 Exemplar.biz
Hosting harmless against liabilities arising out of; (1) any injury to
person or property caused by any products sold or distributed in association
with Exemplar.biz Hosting '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 Exemplar.biz Hosting 's Services.
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