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Policies
/ User Agreement
These Policies, Guidelines,
and Disclaimer are intended for all domains
residing on totalwebdesigns.com's
servers.
UNACCEPTABLE
ACTIVITIES:
SPAM and Unsolicited
Commercial Email (UCE):
Totalwebdesigns.com takes a
zero tolerance approach to the sending of Unsolicited
Commercial Email (UCE) or SPAM over our network.
Very simply this means that customers of totalwebdesigns.com
may not use or permit others to use our network
to transact in UCE. Customers of totalwebdesigns.com
may not host, or permit hosting of, sites or
information that is advertised by UCE from other
networks. Violations of this policy carry severe
penalties, including termination of service.
Violation
of totalwebdesigns.com's SPAM policy will result in
severe penalties. Upon notification of an alleged
violation of our SPAM policy, totalwebdesigns.com
will initiate an immediate investigation (within
48 hours of notification).
During the investigation, totalwebdesigns.com may restrict
customer access to the network to prevent further
violations. If
a customer is found to be in violation of our
SPAM policy, totalwebdesigns.com may, at its sole
discretion, restrict, suspend or terminate customer's
account. Further, totalwebdesigns.com
reserves the right to pursue civil
remedies for any costs associated with the investigation
of a substantiated policy violation. totalwebdesigns.com
will notify law enforcement officials if the
violation is believed to be a criminal offense.
First
violations of this policy will result in your
account being reviewed for possible immediate
termination. A second violation will result
in an immediate termination of your account. Users
who violate this policy agree that in addition
to these "Administrative" penalties,
they will pay "Research Fees" not
to exceed $100 per hour that totalwebdesigns.com
personnel
must spend to investigate the matter. PLEASE,
DO NOT SPAM from your account. Further if customer
fails or deny to pay such charges, he is responsible
to pay charges for collection agencies appointed
by totalwebdesigns.com to recover such charges.
Other
activities:
Other activities include
spamming (sending unsolicited advertising to
those with which the customer has no existing
business relationship, posting off-topic advertising
in newsgroups); spoofing (using a return email
address which is not the valid reply address
of the sender or sending an email message which
does not contain enough information to enable
the recipient to identify the party who is really
sending the message; passive spamming (promoting
a web site hosted by totalwebdesigns.com by spamming
from some other source), trolling (posting controversial
messages in newsgroups to generate responses),
mailbombing (inundating a user with email without
any serious intent to correspond), generating
a higher volume of outgoing mail than a normal
user (20% or more of available system resources),
and subscribing someone else to an electronic
mailing list without that person's permission.
A message is considered unsolicited if it is
posted in violation of a newsgroup charter or
sent to a recipient who has not requested the
message. Making an email address available to
the public does not constitute a request to
receive messages. Distribution of mass emailing
programs is also prohibited. All recipients
on a mailing list must have personally subscribed.
Mailing lists may not be used to distributed
unsolicited email. Any customer repeatedly "mailbombed"
or that attracts such behavior will be asked
to leave. If you are not sure if your actions
will be in violation, please ask first
abuse@totalwebdesigns.com
Age:
The client must be 18
years of age to obtain our service.
Abuse of the legal rights of others:
Examples of unacceptable
activities in this regard include posting private
information about a person without their consent,
infringing intellectual property rights, defaming
a person or business, and knowingly making available
code which will have a deleterious effect on
third party computers. totalwebdesigns.com supports
free speech on the Internet, and will not suspend
or cancel a customer's account simply because
it disagrees with the views expressed by the
customer. Where there are allegations that a
customer's on-line activity has violated the
legal rights of a third party, totalwebdesigns.com
will not substitute itself for a court of law
in deciding tort claims raised by the third
party.Abuse of the law:
Totalwebdesigns.com's services may be used for lawful purposes only.
Illegality includes but is not limited to: drug
dealing; attempting without authorization to
access a computer system; pirating (distributing
copyrighted material in violation of copyright
law, specifically MP3s, MPEG's, ROMs, and ROM
emulators); gambling; schemes to defraud; trafficking
in obscene material; sending a message or having
content that is obscene, lewd, lascivious, filthy,
or indecent with intent to annoy, abuse, threaten,
or harass another person; threatening bodily
harm or damage to individuals or groups; stalking; or violating
other state or federal law such as the Electronic
Communications Privacy Act, the Computer Fraud
and Abuse Act, or the Economic Espionage Act.
Linking to illegal material is also prohibited.
totalwebdesigns.com reserves the right to check system
files, email, and other data on our servers
for illegal content and materials, or for any
other reasons deemed necessary.
Pornography:
Pornography and sex-related
merchandising, or links to such material, even
if legal, is not an acceptable use of totalwebdesigns.com's
servers.
Abuse of totalwebdesigns.com's Server Resources:
Running programs in the
background on a totalwebdesigns.com's server without
totalwebdesigns.com's prior written authorization,
or running Internet Relay Chat,
IRC bots, and the like are not acceptable uses
of totalwebdesigns.com's servers. Further, any usage
of ten percent (10%) or more of our system resources
is an undue burden on our system and is unacceptable.
If your usage ever exceeds ten percent (10%)
of system resources, you will be contacted and
asked to eliminate the problem. In addition,
any domain that exceeds more then 1 gigabytes
of bandwidth traffic then the allotted traffic
can be paused without prior notice.
Hacking/Cracking:
Totalwebdesigns.com reserves
the right to report illegal activities to any
and all regulatory, administrative, and/or governmental
authorities for prosecution.
OTHER BEHAVIOR:
The following examples
of unacceptable behavior are non-exclusive,
and are provided for guidance purposes. If you
are unsure if your actions will be a violation
of our policies please ask
abuse@totalwebdesigns.com
Server broadcast messages
or any message sent on an intrusive basis to
any directly or indirectly attached network
Attempt to circumvent any user authentication
or security of host, network, or account. Accessing
data not intended for user. Probing the security
of any network. Spawning dozens of processes.
Port scans, ping floods, packet spoofing, forging
router information, Denial of Service attacks,
sniffers, flooding, spoofing, ping bombing,
smurfs, winnuke, land, teardrop. Promulgation
of viruses. IRC bots such as eggdrop or BitchX.
Any activity, whether or not the intrusion results
in the corruption or loss of data, will be investigated
and proper action taken. The presence of any
of these programs, whether or not run, will
result in action against the user including
suspension or termination.
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. Use of totalwebdesigns.com'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 totalwebdesigns.com to provide this
knowledge or support outside matter specific
to totalwebdesigns.com's servers.
BACKUPS:
Full backups are made
frequently. No guarantees are made of any kind,
either expressed or implies, as to the integrity
of these backups. Backups are made for server
restoration purposes only. It is the clients'
responsibility to maintain local copies of their
web content or any important information. If
loss of data occurs due to an error of totalwebdesigns.com,
totalwebdesigns.com will attempt to recover the
data
for no charge to the client. If data loss occurs
due to negligence of client in securing their
account or by an action of the client, totalwebdesigns.com
will attempt to recover the data from the most
recent archive.
IP NUMBERS:
Totalwebdesigns.com
maintains
control and any ownership of any and all I.P.
numbers and addresses that may be assigned to
the client and reserves in its sole discretion
the right to change or remove any and all IP
numbers and addresses.
MONEY BACK GUARANTEE:
Regular Hosting Clients
- Should you become unsatisfied with our services
within the first 30 days of your account activation,
totalwebdesigns.com will refund your hosting fee.
30 days money back guarantee is applicable to
both the monthly & annual subscriptions.
If you
paid in advance for one year, the cost of the
domain registration will be deducted from the
refund amount, if it was paid by Total Web
Designs.
DOMAIN NAME REGISTRATION:
Totalwebdesigns.com does not
guarantee registration of any domain name ordered.
If domain name become unavailable due to delay
in payment transaction or any other fault which
may include transaction error or any other reasons
including any human error at totalwebdesigns.com,
totalwebdesigns.com will be bound only to the invoice
amount charged for that particular domain name.
Total Web Designs is not registrar for domain names. Total Web Designs
register domain name through third parties.
If client is registering domain name through totalwebdesigns.com
he is bound by all the policies
or Agreement of InterNIC. For more information
about InterNIC user agreement / policies you
may visit
www.internic.net
Total Web Designs is not bound in any conflict with InterNIC or
any other legal body related to domain name.
Any such conflict which may arise will be handled
by the customer who is registering domain name.
LIMITATION OF LIABILITY:
Total Web Designs shall not
be responsible for any claimed damages, including
incidental and consequential damages, which
may arise from totalwebdesigns.com's servers going
off-line or being unavailable for any reason
whatsoever. Further, totalwebdesigns.com shall not
be responsible for any claimed damages, including
incidental or consequential damages, resulting
from the corruption or deletion of any web site
from one of totalwebdesigns.com's servers. All damages
shall be limited to the immediate termination
of service. totalwebdesigns.com shall be the sole
arbiter of what is and is not a violation of
these acceptable use policies. totalwebdesigns.com
reserves the right to terminate an account at
any time and for any reason that causes harm
to any totalwebdesigns.com customer's web sites.
totalwebdesigns.com reserves the right to delete all content and
files upon termination. totalwebdesigns.com reserves
the right to withhold any pre-paid funds for
any site removed for violations of these policies.
totalwebdesigns.com reserves the right to refuse,
cancel, or suspend service at our sole discretion.
Total Web Designs reserves the right to change these Policies
without prior notice or warning. Non-enforcement
of any part of these Policies does not constitute
consent.
We accept any of the
following
