TERMS AND CONDITIONS
Violations, queries, and information regarding the Top5Hosting
Acceptable Use Policy can be reported by submitting our Contact Us form above.com
BANDWIDTH AND DISK USAGE
What do you mean by "unlimited disk space and data transfer"?
There are no set limits on the disk space or data transfer
(bandwidth) that we provide in plans marked "unlimited". We want you to
have the resources you need to build a great online presence.
Still, we do need to be sure that we're providing all of our
customers with optimum service. As such, we do require all customers to
be fully compliant with our Terms of Service and utilize disk space and
bandwidth related to the normal operation of a personal or small
business website.
While it is rare, we may need to put constraints on accounts
that are adversely affecting other customers or otherwise utilizing or
abusing resources beyond what would be expected of a personal or small
business website.
What will happen to accounts that don't comply with the
Terms of Service or go beyond normal usage?
Through our NOC (Network Operations Center), we maintain a
variety of human and automated controls to monitor customer and server
activity. If the NOC identifies an account that is not in compliance
with our Terms or that has the potential to negatively impact the
performance of our systems, we may need to temporarily suspend that
account. Of course, we will notify the administrative contact for the
account and work with that customer to resolve the issue as quickly as
possible.
The most common situations involve customers who use their
accounts for storage of files—particularly multimedia files—that are
not linked off of their websites. One thing to remember is that
Top5Hosting provides the disk space and bandwidth required to operate a
personal or small business site. Our services may not be used to store
or archive electronic files that are not available through the website.
What is "normal" usage?
Normal usage means that you operate a personal or small
business website that utilizes resources in a manner similar to most of
our other customers. For example, the system requirements of large
corporations are not equal to those of small businesses and their
resource requirements would not be considered normal for our
architecture. Another example would be the storage of large numbers of
video or audio files that may be associated with a site, but require
more resources to support than a normal personal or business website
would.
Why are the normal usage guidelines in place?
Top5Hosting offers hosting through a shared environment,
therefore, each site has the ability to impact the performance of
thousands of other sites. While our pooled architecture minimizes this
risk in comparison to the more common single-server design, we do
occasionally experience disruptions that result from customer activity.
This is an unusual occurrence, but one which we manage carefully to
protect our users from service degradations. Still, we want our
customers to understand that there are guidelines in place before they
purchase our services.
REFUND POLICY
Refunds will be considered at the discretion of the Company
Management. In terms of our 30 day money back guarantee, a refund will not be
unreasonably withheld unless the client has been in breach of contract. Please contact support@top5hosting.com
if you have any questions in this regard.
SCOPE
This document replaces all previous documents including to but not
limited to previous registration agreements, online registrations,
and any other method used or developed to grant access to the
Top5Hosting network. This Policy applies to all components of
Top5Hosting Networks, including all subsidiaries, trade styles and
related concerns; All customers, clients, employees, advisors, and
agents of, and all authorized third parties that require the use of,
and are granted access to the Top5Hosting Networks network; All
Information Systems Environments operated by Top5Hosting Networks or
contracted with a third party by Top5Hosting Networks. The term
"Information Systems Environment" defines the total
environment and includes, but is not limited to, all documentation,
physical and logical controls, personnel, software, hardware (e.g.
distributed, desktop, network devices), and information.
The Internet is a vast network of computers that allows an individual
user on the network to share the resources of other computers. This
sharing of resources creates a "community" and when you use
Top5Hosting Networks to access the Internet you become a member of
two communities. You become part of the community of Top5Hosting
Networks, which includes our network and customers, and you become a
part of the larger community of networks and users on the Internet.
Access to the Internet through Top5Hosting Networks is a privilege,
not a right, and carries with it certain responsibilities and duties.
Our goal in establishing this Acceptable Use Policy (AUP) is to
protect both our users and the larger Internet community from the
consequences of irresponsible use of Top5Hosting Networks accounts
and resources. Top5Hosting Networks’s AUP chiefly prohibits
-
acts that are illegal,
- acts that violate generally accepted standards for online behavior,
- acts that misuse Top5Hosting Networks’s resources to the
detriment of other users.
All customers, clients, and users of the Top5Hosting Networks network
are required to comply with this Policy.
All violations of the Acceptable Use Policy will be reviewed for
appropriate action that could include termination of access. Our
failure to enforce this policy, for whatever reason, shall not be
construed as a waiver of our right to do so at any time.
Top5Hosting Networks intends to provide its clients, customers, and
users access to everything the Internet has to offer. While
Top5Hosting Networks is firmly committed to the principles of free
speech, certain activities are damaging to the resources of both
Top5Hosting Networks and the Internet and cannot be permitted under
the guise of free speech.
The resources of Top5Hosting Networks and the Internet (general) are
limited, and abuse of these resources by one user has a negative
impact on the entire community.
Web Hosting
Defined as client based accounts on web servers administered by
Top5Hosting Networks
- IRC servers, IRC bots, graphics dumping, and Mush/Moo/Mud servers are forbidden
- SMTP service is offered on shared web hosting accounts
subjects to our strict non-abuse policy.
- Spam is strictly forbidden. Any instances of spam relating to
your web site will result in account deactivation and a fine for each
complaint we receive
- Hate literature, material in violation of copyright laws, and
other illegal material are not permitted.
Excessive Resource User Policy:
Resources are defined
as bandwidth, memory and/or processor utilization. A website is
considered using "Excessive amounts of resources" when it monopolies
the resources available using 10% or more of system resources for
longer than 60 seconds. There are numerous problems that could cause
such problems, this includes but not limited to: cgi scripts, FTP,
HTTP, etc. A site that consumes over the account limit of bandwidth is
also considered "excessive resources". This policy is only implemented
in extreme circumstances and is intended to prevent the misuse of our
servers. The client whom is using "excessive resources" will be asked
to upgrade his/her package to one of our semi-dedicated or dedicated
server packages. Top 5 Hosting will be the sole and final arbiter as to what
constitutes a violation of this policy.
NON ASSIGNMENT
The benefits conferred by this agreement are non-transferable and
non-assignable. The connectivity provided is expressly limited to the
account holder. Unless expressly authorized under terms of written
approval resale or use of this connection by other person or persons
is prohibited We do not routinely monitor the activity of accounts
except for measurements of system utilization and the preparation of
billing records. However, in our efforts to promote good citizenship
within the Internet community, we will respond appropriately if we
become aware of inappropriate use of our service. In general, you may
NOT use your Top5Hosting Networks account:
- In a manner which violates any law, regulation, treaty or tariff;
- In a manner which violates the rules, regulations and policies of
any network, server, web site, database or service provider that you
access through your Top5Hosting Networks account;
- In a manner which is defamatory, fraudulent, indecent, offensive
or deceptive;
- To threaten, harass, abuse or intimidate others;
- To damage the name or reputation of Top5Hosting Networks, its
parent, affiliates and subsidiaries;
- To break security on any computer network, or to access an
account which does not belong to you; or
- In a manner which interferes with other customers' use and
enjoyment of the services provided by Top5Hosting Networks
Top5Hosting Networks reserves sole discretion to determine whether
any use of the service is a violation of this policy.
FAIR USE
No Customer, Client or any other Person shall use or permit to be
used the Top5Hosting Networks Services in such a manner as to prevent
FAIR AND PROPORTIONATE use thereof by other Customers, Clients or
Persons thereto.
If it is deemed by Top5Hosting Networks Inc., that a Customer, Client
or user is utilizing his/her/their Top5Hosting Networks Services in
any manner that prevents FAIR usage thereof by other Customers,
Clients or Persons and/or it is deemed by Top5Hosting Networks Inc.,
that a Customer, Client or Person is utilizing his/her/their
Top5Hosting Networks Services in any manner that is not a
PROPORTIONATE usage thereof with other Customers, Clients or Persons;
Top5Hosting Networks may:
- Bill the Customer the disproportionate amount. Additional billing
will be in Account Increments based upon average usage. (If an
account holder utilizes twice the amount of resources as the average
user they will be billed for two accounts.)
- Limit the Customer’s use of the Top5Hosting Networks
Services (Limits will be set to the upper quadrant average usage by
the customer base)
- Discontinue and refuse to provide any Top5Hosting Networks
Services. (The impetus for the creation of an ISP was the cost
involved in buying and maintaining the network operation. To solve
this problem and ISP provides "shared" resources to
effectively lower the overall costs. This is not a new idea, it is
fundamental in industries like insurance where your payment is
calculated on a proportionate basis. Like insurance, individuals can
be charged extra or denied insurance because of factors that would
disproportionately increase the costs for the other participants.)
ELECTRONIC MAIL
Your Top5Hosting Networks account gives you the ability to send and
receive electronic mail. Top5Hosting Networks believes that
electronic mail should be used for personal communication and not as
a broadcast medium.
The following examples are non-exclusive and are provided for your guidance.
- You may not use your account to send unsolicited bulk or
commercial messages ("spam"). This includes, but is not
limited to, bulk mailing of commercial advertising, informational
announcements, charity requests, petitions for signatures, and
political or religious tracts. Such messages may only be sent to
those who have explicitly requested it.
- Individuals who are operating their own mail servers should
ensure that their systems are secured against external relaying to
prevent abuse of resources.
- Individuals who maintain mailing lists should ensure that their
mailing list software requires confirmation of subscription to
prevent malicious subscriptions to lists by third parties.
- You may not use your account to collect responses from
unsolicited bulk or commercial e-mail sent from accounts with other providers.
- Forging, altering or removing electronic mail headers is prohibited.
- You may not send numerous copies of the same or substantially
similar message, nor may you send very large messages or files to a
recipient, with the intent to disrupt a server or account ("mail bombing").
- You may not use electronic mail to harass or intimidate others.
Harassment, whether through language, frequency of messages, or size
of messages, is prohibited. Sending a single unwelcome message may be
considered harassment. If a recipient asks to stop receiving email,
you must not send that person any further messages.
- You may not forward or otherwise propagate chain letters, whether
or not such messages solicit money or other items of value, and
whether or not the recipient wishes to receive such mailings.
- Top5Hosting Networks accounts may not be used to collect replies
to messages sent from another Internet service provider if those
messages violate this Acceptable Use Policy or the acceptable use
policy of the other service provider.
- If you use the services of another provider to promote a web site
hosted by or through Top5Hosting Networks, then the provisions of
this Acceptable Use Policy shall apply to the methods used to promote
such site.
Not every "flame" message or angry exchange of email or
newsgroup posting can automatically be considered harassment.
Top5Hosting Networks is not responsible for the content or tone of
any email or other transmissions of the subscribers to its service or
other parties using the Internet. Subscribers or others should not
expect that Top5Hosting Networks will attempt to mediate or otherwise
become involved in any particular disagreement or dispute between
Internet users. The Internet is a network intended for use by mature,
adult users. All users should recognize this principle and undertake
at all times to act with respect, courtesy and responsibility, giving
due regard to the interests and rights of other Internet users,
groups, and networks. We expect and appreciate the use of common
sense and good judgement while using the network.
HOMEPAGE, WEB PAGES, WEB SITES
The customers, clients or users are solely responsible for any
information contained on their homepages, web pages or web sites.
However, if complaints are received regarding language, content or
graphics contained on your homepage, web pages, or web sites,
Top5Hosting Networks may, at its sole discretion, remove the
homepage, web pages, or web site hosted on Top5Hosting Networks
servers and terminate your service and/or your access.
You may not use your personal home page site to publish material that
Top5Hosting Networks determines, at its sole discretion, to be
unlawful, indecent or objectionable. For purposes of this policy,
"material" refers to all forms of communications including
narrative descriptions, graphics (including photographs,
illustrations, images, drawings, logos), executable programs, video
recordings, and audio recordings.
Unlawful content is that which violates any law, statute, treaty,
regulation, or lawful order. This includes, but is not limited to:
obscene material; defamatory, fraudulent or deceptive statements;
threatening, intimidating or harassing statements, or material which
violates the privacy rights or property rights of others (copyrights
or trademarks, for example).
Indecent content is that which depicts sexual or excretory activities
in a patently offensive matter as measured by contemporary community standards.
Objectionable content is otherwise legal content with which
Top5Hosting Networks concludes, in its sole discretion, it does not
want to be associated in order to protect its reputation and brand
image, or to protect its employees, shareholders and affiliates.
SECURITY
You are responsible for any misuse of your account, even if the
inappropriate activity was committed by a friend, family member,
guest or employee. Therefore, you must take steps to ensure that
others do not gain unauthorized access to your account. In addition,
you may not use your account to breach security of another account or
attempt to gain unauthorized access to another network or server.
For security purposes the listed account holder, and/or the listed
account administrator are the only authorized individuals that may
request edits, changes, or information for the account. Authorization
to release information and/or edit and/or make changes from anyone
other than the listed account holder and/or the listed account
administrator must be received in writing. Your password provides
access to your account. It is your responsibility to keep your
password secure. Passwords must contain at least six characters, and
should contain at least one number or symbol, should contain both
uppercase and lowercase letters, and should not be based on any word
found in the dictionary or on any personal information (name or birth
date, for example). Your password should not be the same as your user
ID. Sharing your password and account access with unauthorized users
is prohibited.
You should take care to prevent others from using your account since
you will be held responsible for such use. Attempting to obtain
another user's account password is strictly prohibited, and may
result in termination of service. You must adopt adequate security
measures to prevent or minimize unauthorized use of your account.
You may not attempt to circumvent user authentication or security of
any host, network or account ("cracking"). This includes,
but is not limited to, accessing data not intended for you, logging
into or making use of a server or account you are not expressly
authorized to access, or probing the security of other networks. Use
or distribution of tools designed for compromising security is
prohibited. Examples of these tools include, but are not limited to,
password guessing programs, cracking tools or network probing tools.
You may not attempt to interfere with service to any user, host, or
network ("denial of service attacks"). This includes, but
is not limited to, "flooding" of networks, deliberate
attempts to overload a service, and attempts to "crash" a host.
Users who violate systems or network security may incur criminal or
civil liability. Top5Hosting Networks 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.
BILLING
All Top5Hosting Networks Accounts are monthly accounts and are
prepaid. Charges for new accounts are prorated to accommodate the
billing cycle. The billing cycle runs from the first of the month to
the last day of the month. Charges for terminating accounts are not
prorated. Charges for usage by customer beyond the base amount of
usage contained in customer's service plan shall be billed the
following month along with base charges for the coming month. Volume
discounts for bulk purchases of monthly connectivity services remain
in effect for the total length of the term, otherwise, full fees will
apply. Pre-authorized Payment by credit card or automatic bank debit
is the preferred method of payment. Payment is due by the first of
the month or upon receipt of any invoice.
Top5Hosting Networks may terminate any account with no refund to
customer in the event of customer's breach of any of the terms or
conditions contained herein. Delinquent accounts are those that
remain unpaid at the beginning of the next accounting cycle, and are
subject to a 2% per month service charge (24 % per annum). Accounts
that are delinquent for more than five days are put on
"accounting hold", their files are then archived and access
is denied. Top5Hosting Networks accounts continue to accrue charges
while they are on hold. Accounts that are unpaid for ten days after
due date have their files purged. There is a service reconnection
charge equal to one half the currently charged set-up fee, or ten
dollars, whichever is greater, to remove accounts from accounting
hold status. The account holder acknowledges responsibility for the
account until payment in full is made.There is a $20.00 service
charge for each returned check. An automatic reminder has been
programmed into your account to notify you when your account is about
to expire, as well, your account has been automatically added to the
Top5Hosting Networks listserver in order for you to receive the
Top5Hosting Networks newsletters and important notices.
ACCOUNT CANCELLATIONS
Cancellation requests for Top5Hosting Networks accounts must be
received in writing via fax, or postal service at Top5Hosting
Networks's main office one month prior to the next billing cycle. The
inherent difficulties in verifying the authorship of email makes it
un-satisfactory for transmitting account cancellations.
TECHNICAL SUPPORT
Top5Hosting Networks will only be responsible for the Internet
software that is included with the Top5Hosting Networks installation
packages for standardized hardware. Internet software that has not
been provided by Top5Hosting Networks or systems that are not
standardized are not the responsibility of Top5Hosting Networks
either for support, functionality or replacement. The User agrees to
obtain a basic knowledge of their computer’s operating system,
configuration and interface, along with a basic knowledge of the
Internet and its operating principles and procedures.
NETWORK PERFORMANCE
Top5Hosting Networks accounts operate on shared resources. Excessive
use or abuse of these shared network resources by one customer may
have a negative impact on all other customers. Misuse of network
resources in a manner which impairs network performance is prohibited
by this policy and may result in termination of your account. You are
prohibited from excessive consumption of resources, including CPU
time, memory, disk space and session time on shared resources. You
may not use resource-intensive programs that negatively impact other
customers or the performance of Top5Hosting Networks systems or
networks. Top5Hosting Networks reserves the right to terminate or
limit such activities.
PENALTIES
Abuse of the system by a user generally costs Top5Hosting Networks
time, money and resources. It is not fair that this additional cost
should be borne by the other customers of Top5Hosting Networks. A
minimum service fee of $500.00 will therefore be applied to the users
account. Account holder and user further agree to pay Top5Hosting
Networks reasonable collection and attorney fees on service charges
shown, without regard to further legal action taken by Top5Hosting
Networks to recover other or related consequential damages suffered
by account holder or user's actions.
LIMITATION OF LIABILITY
ALL SERVICES ARE 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 THESE SERVICES OR ANY INFORMATION OR SOFTWARE
PROVIDED THEREBY. Top5Hosting Networks is not responsible for
Customer's files residing on the Top5Hosting Networks network.
Customer is responsible for independent backup of all such data at a
site determined by customer. Top5Hosting Networks cannot and does not
exercise any control whatsoever over the information passing through
its network or through the Internet. Top5Hosting Networks is in no
way responsible for any data loss or damage arising from viral
infection from the Internet. Top5Hosting Networks and/or contributors
shall have no liability whatsoever to you for any claim(s) relating
in any way to: your inability or failure to perform research or
related work or to work properly or completely, or any lost profits
or consequential, exemplary, incidental, indirect or special damages
relating in whole or in part to your rights hereunder or use of, or
inability to use, Top5Hosting Networks’s Internet Services.
Top5Hosting Networks will not be responsible for any damage suffered
by you, including, but not limited to, loss of data resulting from
delays, non-deliveries, mis-deliveries, or service interruptions
caused by its own negligence or your errors or omissions. Use of any
information obtained via Top5Hosting Networks’s Internet
Services is at your sole risk. Top5Hosting Networks specifically
disclaims any responsibility for the accuracy or quality of
information obtained through Top5Hosting Networks’s Internet
Services. As a user you are warned that some Internet sites
accessible via the Top5Hosting Networks network allow posting,
retrieval, and/or electronic mailing of materials that may be
considered obscene or objectionable. Top5Hosting Networks is not
responsible for inadvertent or deliberate access to such material and
cannot prevent access of such material. It is recommended that each
customer closely monitor use of his/her account especially in the
case of potential use or misuse by minor children. Accounts for minor
children must be opened by a parent or legal guardian with their
explicit consent. Top5Hosting Networks network services may be used
only for lawful purposes. Transmittal of any material in violation of
any international, federal or state regulation is prohibited. This
includes, but is not limited to: copyrighted materials, material
legally judged to be threatening or obscene, or material protected by
trade secret or software protected by copyright. You agree to
indemnify and hold harmless Top5Hosting Networks (AKA Top5Hosting
Networks Inc, Top5Hosting.com) from any claims resulting from your
use of the service that damages you or another party. Any access to
other networks through the Top5Hosting Networks network must comply
with the rules appropriate for the other network. Violation of the
rules of other networks is grounds for account cancellation. This
includes, but is not limited to, mass Usenet posting, Usenet
cross-posting, mass emailing, and/or the sending of unsolicited
email, commercial or otherwise. Top5Hosting Networks and its
affiliates shall not be liable under any legal theory (including tort
or contract) for any direct, indirect, incidental, special or
consequential damages in any way related to the product or services
provided. Under no circumstances and under no legal theory, tort,
contract, or otherwise, shall Top5Hosting Networks be liable to you
or any other person for any indirect, special, incidental, or
consequential damages of any character including, without limitation,
damages for loss of goodwill, work-stoppage, computer failure or
malfunction, or any and all other commercial damages or losses, or
for any damages even if Top5Hosting Networks has been informed of the
possibility of such damages, or for any claim by any other party.
OPERATION
Top5Hosting Networks reserves the right to change its services
without notice including but not limited to access procedures, hours
of operation, menu structures, commands, documentation, and services
offered. Notice of modifications to this Acceptable Use Policy will
be posted to this Top5Hosting Networks Web page. Customers are
encouraged to review the current Acceptable Use Policy on a regular
basis. Customer's use of Top5Hosting Networks network after such
notice shall constitute Customer acceptance of such modifications.
Customer understands that Top5Hosting Networks services may be
interrupted for several reasons, including but not limited to
malfunctions, maintenance, and improvement or as required to protect
network resources in the event of malfunctions or misuse. Customer
understands that it may not receive advance notification of any such
interruption of service. There will be no refunds for scheduled or
unscheduled service interruptions of less than 24 hours duration. At
its sole discretion, Top5Hosting Networks may elect to provide a pro
rata or additional/extension of service refund for service
interruptions of greater than 24 hours. Top5Hosting Networks reserves
the right at its sole discretion to delete any information entered
into Top5Hosting Networks network computer systems by Customer.
Top5Hosting Networks and its authorized representatives shall retain
the right, but shall not be obligated, to review/accept/reject
publicly viewable information. Top5Hosting Networks reserves the
right to disconnect non-dedicated dial-up connections with inactivity
for more than 15 minutes ("time-out"). Non-dedicated
dial-up connections may not be utilized as a dedicated connection,
and Top5Hosting Networks reserves the right to disconnect
non-dedicated dial-up connections exceeding 4 hours in connection
duration. Top5Hosting Networks reserves the right to delete
Customer's files, including but not limited to Web page(s) and email,
for which a storage fee has not been paid and which have not been
accessed for more than one (1) month. Top5Hosting Networks reserves
the right to refuse and/or terminate service to anyone or any entity
for any reason at its sole discretion with or without notice. The
owner of this document is the Network Operations Centre (NOC) of
Top5Hosting Networks
Copyright © 2001 Top5Hosting.com
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