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Terms Of Service

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.

 Specific Use Policies

Content Policies

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.

E-Mail Acceptable Use

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.

 Payment Policies

Checks or Money Orders

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

 Primary E-Mail Address

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.
 Cancellation

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.

 Disclaimer

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.

For God so loved the world, that he gave his only begotten Son, that whosoever believeth in Him should not perish, but have eternal life.

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