TOS | SLA | AUP
Sound Web Development is dedicated to providing an all-round
top quality service. The terms and conditions which
follow are necessary to ensure that we may continue
to provide the best possible service to all of our
customers whilst at the same time satisfying our
legal and ethical responsibilities.
Failure
to follow any term or condition will be grounds
for immediate account deactivation without notice.
Sound Web Development will be the sole arbiter as to what constitutes
a violation of any of these provisions.
Activity
which results in the suspension or deactivation
of an account will result in a forfeiture of all
fees paid. Complaints made regarding abuses of an
account will be investigated and if found guilty
will be grounds for immediate suspension.
To
report suspected abuses or any violations of these
policies, please contact abuse@soundwebdev.com
Illegal
Usage
Sound Web Development
servers may be used for lawful purposes only. Transmission,
storage, or distribution of any information, data
or material in violation of any applicable law or
regulation is prohibited. This includes, but is
not limited to: copyrighted material, trademark,
trade secret or other intellectual property right
used without proper authorization, and material
that is obscene, defamatory, constitutes an illegal
threat, or violates export control laws. Examples
of non-acceptable content or links: Pirated software,
Hackers programs or archives, Warez sites, MP3,
and IRC bots. The subscriber to Sound Web Development service
agrees to indemnify and hold harmless Sound Web Development from
any claims resulting from the use of the service
that damages the subscriber or any other party.
Sound Web Development
will be the sole arbiter as to what constitutes
a violation of this provision.
Adult
Content
Adult Content of any kind is not allowed
Security
Violations
of system or network security are prohibited, and
may result in criminal and civil liability. Examples
include, but are not limited to the following: Unauthorized
access, use, probe, or scan of a systems security
or authentication measures, data or traffic. Interference
with service to any user, host or network including,
without limitation, mail bombing, flooding, deliberate
attempts to overload a system and broadcast attacks.
Forging of any TCP-IP packet header or any part
of the header information in an email or a newsgroup
posting.
Server
Resource
Any
website 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 paying extra for a dedicated server / semi-dedicated
server (which depends on the resource needed) or
reducing the resource used to an acceptable level.
Sound Web Development shall be the sole arbiter of what is considered
to be a high server usage level.
Chat Rooms
Sound Web Development
does not provide nor allow chat room's On shared
hosting enviroments.
Background
Running Programs
Sound Web Development
does not allow background Daemons such as IRC bots;
eggdrop; BitchX; XiRCON; and any other program that
interferes with normal server operation.
IRC
Sound Web Development
does not allow IRC or IRC bots to be operated on
our servers.
Backups
Sound Web Development
performs daily backups on all servers to ensure
critical files are never lost. However Sound Web Development
is NOT responsible for lost data, time, income or
any other resource due to faulty backups or non-existent
backups. Please always backup your own data for
Redundancy.
Client
Responsibility
The
client is responsible for all activity originating
from the account unless proven to be a victim of
outside hacking or address forgery. The client is
responsible for securing their username/password.
The client assumes responsibility for all material
on their site that may be put on by a third party
(such as the usage of Free For All links pages).
Use of Sound Web Development's service requires a certain level
of knowledge in the use of Internet languages, protocols,
and software. This level of knowledge varies depending
on the anticipated use and desired content of the
web space by the client. The following examples
are offered: Web Publishing: requires knowledge
of HTML, properly locating and linking documents,
FTPing Web contents, Graphics, text, sound, image
mapping, etc. FrontPage web publishing: knowledge
of the FrontPage tools as well as Telnet and FTP
understanding and capability. CGI-Scripts: requires
a knowledge of the UNIX environment, TAR & GUNZIP
commands, Perl, CShell scripts, permissions, etc.
Mail: a use of mail clients to receive and send
mail, etc. The client agrees that he or she has
the necessary knowledge to create and maintain their
web space. Client agrees that it is not the responsibility
of Sound Web Development to provide this knowledge or support
outside matter specific to Sound Web Development servers.
UCE
(Unsolicited Commerce Email) - SPAM
Spamming,
or the sending of mass unsolicited email, from or
through a Sound Web Development server or using an email address
that is maintained on a Sound Web Development machine is STRICTLY
prohibited. Sound Web Development will be the sole arbiter as
to what constitutes a violation of this provision.
If you engage in any of the foregoing activities
using the service of another ISP or IPP, but channeling
activities through a Sound Web Development server as a maildrop
for responses, you are in violation. Violators will
be assessed a minimum of $200.00 fine and will face
an immediate suspension. See our NO SPAM Policy
for more details.
Server
abuse
Any
attempts to undermine or cause harm to a Sound Web Development
server or customer of Sound Web Development is strictly prohibited.
Any
sub-networks of Sound Web Development and dedicated servers must
adhere to the above policies. The failure to meet
or follow any of the above guidelines are grounds
for account deactivation. We reserve the right to
remove any account without prior notice.
Software
Distribution
Sound Web Development.com's
shared Web Hosting accounts are not to be used for
the purposes of distributing software and multimedia
products. If you wish to distribute software and/or
multimedia files, please contact sales@soundwebdev.com
for special arrangement.
Multimedia
Files
Multimedia
files are defined as any graphics, audio, and video
files. Sound Web Development.com Web Hosting accounts are not
to be used for the purposes of distributing and
storing unusual amount of multimedia files. Any
Web site whose disk space usage for storing the
multimedia files exceed 70% of its total usage,
either in terms of total size or number of files,
will be deemed to be using unusual amount of multimedia
files.
Domain
Names
Sound Web Development will take necessary steps to register domain
names on behalf of the client when requested. However,
clients are responsible for renewing their domain
names. Sound Web Development does not take responsibility for
failing to renew domain names. If your domain name
was registered via our company, you must check and
take appropriate actions to renew a domain that
is about to expire. We do not handle renewals unless
specifically asked for by sending a ticket to our
helpdesk.
Actions
Taken by Sound Web Development
The
failure by a customer to meet or follow any of the
above policies/terms is grounds for account deactivation.
Sound Web Development will be the sole arbiter as to what constitutes
a violation of the AUP. Sound Web Development reserves the right
to remove any account without prior notice.
When
Sound Web Development becomes aware of an alleged violation of
its AUP, Sound Web Development will initiate an investigation.
During the investigation, Sound Web Development may restrict
a customer's access in order to prevent further
potentially unauthorized activity. Depending on
the severity of the violation, Sound Web Development may, at
its sole discretion, restrict, suspend, or terminate
a customer's web hosting account and/or pursue other
civil remedies. If such violation is a criminal
offense, Sound Web Development will notify the appropriate law
enforcement authorities of such violation.
Sound Web Development
does not issue credits for outages incurred through
service disablement resulting from AUP violations.
Sound Web Development
customers agree to indemnify and hold harmless Sound Web Development
from any claims resulting from the use of our services
that damages them or any other party. The Sound Web Development
service is provided on an as is, as available basis
without warranties of any kind, either express or
implied, including, but not limited to, warranties
of merchantability, fitness for a particular purpose
or non-infringement. Sound Web Development expressly disclaims
any representation or warranty that the Sound Web Development
service will be error-free, secure or uninterrupted.
No oral advice or written information given by Sound Web Development,
its employees, licensors or the like, will create
a warranty; nor may you rely on any such information
or advice. Sound Web Development and its partners and suppliers
will not be liable for any cost or damage arising
either directly or indirectly from any transaction
or use of the service.
Modification
Sound Web Development
reserves the right to add, delete, or modify any
provision of this Policy at any time without notice.
Refusal Of Service
We
reserve the right to refuse, cancel, or suspend
service at our sole discretion within human reason
TOS | SLA | AUP
