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Important Notice for Hosting Clients
Without any prior notice, Sun Designs® reserves the right to
cancel and/or suspend a client's access and usage of our services
and equipment when Sun Designs® decides that the account has
been inappropriately used by the client.
Sun Designs® Payment Policies:
- Sun Designs® sets up a client account on a pay-at-service
basis.
- All payments are due in U.S. Currency only.
- Sun Designs® maintains the right to revise prices/plans
at any time.
- Any account that not paid on the due
date is subject to a suspension. This cancellation can occur at
any time after the due date.
- Any account that is suspended will
incur a $30 reactivation fee. No exceptions!
- If your account has been suspended
and you have paid, it may take up to 24 hours for your account
to be active.
- The client is liable for all money owed on the account from
the time it was established to the time that the client notifies
Sun Designs® (in writing) of a request termination of services.
- If a client pre-pays and cancels, no refund will be due if it's
past the 30 day guarantee.
- Setup fees are charged for all new accounts and major account
changes.
- Sun Designs® will send any outstanding account over to a
collection agency.
The following Sun Designs® regulations apply to all accounts:
- No adult content to be stored on our servers
- All payments due to Sun Designs® must be paid at the time
of service is requested.
- Client is liable for any damages and fees from resulting spam/hacking/server
compromises.
- Alll accounts have a 30 day money back guarantee. This applies
to the first 30 days. Set up fees will not be refunded.
- We do not allow accounts to offer free download of files or
archives. (This applies to any account where 20% or more of their
monthly traffic is from file downloads).
- The account space may not be used for storage purposes. Account
space should solely be used for storing image files hyperlinked
with the web pages from your hosting account. Accounts exceeding
50% bandwidth will be monitored if traffic is coming from other
sites. Extra charges will apply if the limits are exceeded.
- Accounts maintaining picture galleries (This applies to an account
where 40% of the files transferred are graphics) are strictly
observed to follow the bandwidth allowance limit. Extra charges
will apply if the limits are exceeded.
- Multiple hosts terminating at an IP address or domain name hosted
on our server.
- Sites with Banners, Graphics or CGI's running from their domain
used on other domains.
- Accounts using more than 20% of system resources. To protect
our clients, we do not allow sites requiring heavy CPU usage and
system resources for the background running programs or related
tasks.
- Accounts reaching more than the specified data transfer amount
in their plan will cost $3.00 USD/1 gig. per month will apply.
- If client goes over allotted storage space, client will be charged
$6.00 USD/200 mb per month.
- Sun Designs® reserves the right to cancel service of a client,
without any prior notice, if any of the regulations are not followed.
- Sun Designs® will be the sole arbiter to decide what constitutes
a violation of our policies and guidelines.
Unacceptable activities:
- Spamming (sending unsolicited e-mail to those with which the
customer has no existing relationship). We have a ZERO TOLERANCE
spam policy.
- Sending bulk e-mail from a shared webserver.
- Relaying bulk e-mail through the Sun Designs® mail servers
- Hosting of spam resources. These include and are not limited
to; literature promoting spamming, tools or resources for spamming,
linking to spamming resources.
- Posting off-topic advertising in newsgroups/Usenet
- Spoofing (using a return e-mail address which is not the valid
reply address of the sender or sending an e-mail message which
does not contain enough information to enable the recipient to
identify the party who is really sending the message)
- Passive spamming Sun Designs® by spamming from some other
source
- Trolling (posting controversial messages in newsgroups to generate
responses)
- Mail bombing (inundating a user with e-mail without any serious
intent to correspond)
- Proxy server - running proxy servers on the Sun Designs®
network is explicitly prohibited
- Subscribing someone else to an electronic mailing list without
that person's permission.
- Distribution of mass e-mailing programs is also prohibited.
All recipients on a mailing list must have personally subscribed
through a 'confirmed opt-in process*'.
- Mailing lists may not be used to distribute unsolicited
e-mail.
- Any customer repeatedly "mail bombed" or that
attracts such behavior will be asked to leave.
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 e-mail address available to the public does
not constitute a request to receive messages.
Unsolicited E-mail / spam
Sending unsolicited mail messages, including, without limitation,
commercial advertising and informational announcements is expressly
prohibited. A user shall not use another site's mail server to relay
mail without the express permission of the site or distributing,
advertising or promoting software or services that have the primary
purpose of encouraging or facilitating unsolicited e-mail or spam.
A user shall not store or serve content as a component of any unsolicited
e-mail or spam. This includes the hosting of landing-pages for any
unsolicited e-mail or spam.
Complaints, including, but not limited to, complaints sent directly
to Sun Designs® or an upsteam provider, listings on SpamCop,
SPEWS, SBL, OpenRBL or any of the 'spam-watch' sites shall serve
as sufficient grounds for an immediate investigation of client activity.
It is contrary to Sun Designs® policy for customers to use
our servers or network to effect or participate in any of the following
activities:
- To post to any Usenet or other newsgroup, forum, e-mail mailing
list or other similar group or list articles which are off-topic
according to the charter or other owner-published FAQ or description
of the group or list;
- To send unsolicited e-mail;
- To engage in any of the foregoing activities using the service
of another provider, but channeling such activities through a
Sun Designs® provided server, or using a Sun Designs®
provided server or bandwidth as a mail-drop or for serving content
for messages or for responses;
- To falsify user information provided to Sun Designs® or
to other users of the service in connection with use of a Sun
Designs® service.
- To send e-mail with through our e-mail servers where the e-mail
address does not explicity reside on the Sun Designs® mail
servers.
HSphere customers:
Mailing lists
- Mailing lists may only be hosted within your HSphere account
and you are required to use the 'confirmed opt-in' method available
within the configuration settings for the list.
- Maintaining a list external to HSphere, be it within your web
hosting space, on your own PC, or any other server, and then using
the Sun Designs® mail servers to relay that mail is viewed
as a serious breach.
Mail from webservers
- You may not send any form of bulk e-mail from the webservers.
If you have a list it must be hosted in within your HSphere account.
- Individual e-mails to 'clients' or 'members' of a website may
not be spooled for delivery. This would qualify them as bulk e-mail.
When Sun Designs® becomes aware of an alleged violation of
its Acceptable Use Policy, Sun Designs® will initiate an investigation
(within 24-48 hours). During the investigation Sun Designs®
may restrict Customer's access in order to prevent further possible
unauthorized activity. If the Customer is found in violation of
our spam policy or AUP, Sun Designs® may, at its sole discretion,
restrict, suspend, or terminate Customer's account and/or pursue
other civil remedies. Also, Sun Designs® reserves the right
to pursue civil remedies for any costs associated with the investigation
of a substantiated policy violation. If such violation is a criminal
offense, Sun Designs® will notify the appropriate law enforcement
department of such violation.
Sun Designs® does not issue service credits for any outages
incurred through service disablement resulting from Policy violations,
or outages incurred during investigations of possible violations.
The Customer shall be held liable for any and all costs incurred
by Sun Designs® as a result of the customer's violation of these
terms and conditions. This is including, but is not limited to,
attorney fees and costs resulting from Postmaster responses to complaints
from and the cleanup of unsolicited mailings and/or unauthorized
bulk mailings and/or news server violations. First violations will
result in a Cleanup Fee of $500 per complaint and the customers
account will be reviewed for possible immediate termination.
A second violation will result in Cleanup Fee of $900 per complaint
and immediate termination of the customers account.
A 'Complaint' can be defined as follows:
- An e-mail complaint sent directly to Sun Designs®
- An e-mail complaint sent directly to an upstream provider or
carrier
- A 'SpamCop' listing
- A SPEWS listing
- An SBL listing
- An OpenRBL listing
- A listing on any e-mail 'block list ' which may result in the
interruption of service to the Sun Designs® network
The Customer who violates this policy agrees to also pay Investigation
Fees of no more than $175 per hour that Sun Designs® personnel
must spend to investigate any violations in addition to the above-mentioned
Cleanup Fees.
Decisions regarding the termination or suspension of an account
are final. Sun Designs® will not enter into any negotiation
regarding suspension or termination of an account or contract for
breach of our AUP or Terms of Service. Upon termination of an account
or contract the outstanding balance of that contract or account
will immediately become due.
Sun Designs® Does Not Allow Hosting of Adult Oriented Sites
We do not allow adult content of any nature to be hosted on our
servers. Sun Designs® does not allow our services and equipment
to be used for the propagation, distribution, housing, processing,
and/or storing of lewd, obscene or pornographic material or any
other material which we deem to be objectionable, including, but
not limited to pornography, satanic materials, and any and all materials
of an adult nature. The specification of any materials, as such
described above, is left entirely to the discretion of Sun Designs®.
CGI Placement Policy
You are allowed to freely install many types of scripts available
on the internet, but we reserve the right, without warning, to disable
any script that may effect normal server operation.
IRC, Chat Rooms and Background Running Programs
We do not allow clients to install their own chat rooms or to use
IRC or IRC bots through our servers. These tend to be large system
hogs, and we cannot allow it as an account option. However, we do
provide a choice of Java chatrooms for a small extra charge that
will fill your needs and run without hindering the performance of
the system for others. Continually-running background programs will
be considered on an individual basis, and an extra charge is applied
based on system resources used and operational maintenance required.
Terms for Unlimited Traffic and Unlimited Web Space Accounts
Unlimited traffic and storage accounts are not to be used as an
offsite storage area for electronic files. All Sun Designs®
client web pages (.html) must be LINKED with files (.GIF, .JPEG)
in order to be stored on our servers. Accounts that contain no html
documents and a large number of unlinked files are liable for termination
by Sun Designs®. Sun Designs® clients are not to maintain
shareware archives or have large archives of files which could be
downloaded freely by others. A client violating the above condition
is liable for extra traffic and web space charges. A client selling
his/her space without a reseller package is liable for legal action
and account termination.
Data Backup
You acknowledge and agree that your use of the service is at your
sole risk. Sun Designs® is not responsible for files and data
residing on your account. You agree to take full responsibility
for files and data transferred and to maintain all appropriate backups
of files and data stored on Sun Designs® servers.
Force Majeure
Sun Designs® will not be liable for failure or delay in performing
its obligations if such failure or delay is due to circumstances
beyond its reasonable control, including but not limited to acts
of any governmental body, acts of terrorism, acts of God (including
but not limited to earthquakes, tornadoes, hurricanes, blizzards,
or wind or storm damage), war, insurrection, sabotage, embargo,
fire, flood, strike or other labor disturbance, interruption of
or delay in or unavailability of transportation services, interruption
of or delay in or unavailability of telecommunications or third
party services (including but not limited to data connections to
upstream bandwidth providers or DNS propagation), failure of third
party software or hardware, or inability to obtain raw materials,
supplies, water, or power used in or equipment needed for provision
of the services.
Sun Designs® Legal Terms
Sun Designs® clients may use Sun Designs® Services for legal
purposes only. Transmission of any material in violation of any
Federal, State, or Local regulation is strongly prohibited. This
includes, but is not limited to copyrighted material, material legally
judged to be threatening or obscene, and material protected by trade
secrets. Sun Designs® clients cannot sublease, subhost, or give
away control of any portion of Sun Designs® resources. Violation
will result in immediate account cancellation. Sun Designs®
reserves the right to refuse service to any individual or entity.
Sun Designs® reserves the right to bring legal charges against
an individual if he/she attempts to cause harm to our servers and/or
clients.
Hacking/Unauthorized use of other accounts
Any hacking/unauthorized use of accounts or computers by an Sun
Designs® client (whether or not the attacked account or computer
belongs to Sun Designs®) will result in account cancellation
and civil or criminal legal action, depending upon the nature of
the misuse. The misuse includes, but is not limited to, internet
scamming (i.e. tricking people into releasing their passwords, unauthorized
use of accounts, security hole scanning, etc).
Sun Designs® Indemnification Policy
Client agrees that it shall defend, indemnify, and hold Sun Designs®
Services harmless from any and all demands, liabilities, losses,
costs and claims, including reasonable attorney fees asserted against
Sun Designs® Services, its agents, its clients, officers and
employees, that may arise or result from any service provided or
performed or agreed to be performed or any product sold by client,
its agents, employees or assignees.
Client agrees to defend, indemnify and hold harmless Sun Designs®
Services against liabilities arising out of; (1) any defective products
sold to client using Sun Designs® Services (2) any form of injury
to person or property caused by any products sold or otherwise distributed
in connection with Sun Designs® Services (3) any material supplied
by client infringing or allegedly infringing on the proprietary
rights of a third party and (4) copyright infringement.
By accepting this agreement, you agree to waive and hold Sun Designs®
harmless from any claims relating to any action taken by Sun Designs®
as part of its invstigation of a suspected violation of this agreement
or as a result of its conclusion that a violation of this agreement
has occured. This means that you cannot sue or recover any damages
whatsoever from Sun Designs® as a result of Sun Designs®'
decision to remove material from its servers, warn you, suspend
or terminate your account, or take any other action during the investigation
of a suspected violation or as a result of Sun Designs®' conclusion
that a violation has occurred. This waiver applies to all violations
described in this agreement.
Sun Designs® Cancellation Policy
Sun Designs® reserves the right to cancel service of a client
at any time, without prior notice, at its discretion. All fees paid
in advance of cancellation will be charged on a prorated basis if
Sun Designs® invokes its right of cancellation of an account.
If cancellation is caused by clients violation of Sun Designs®
user policies or just a regular cancellation, then no refund is
due. Any violation of policies which results in extra costs will
be billed to the client (i.e. transfer, space etc.). Clients have
the right to cancel service any time and a refund is only available
within the first 30 days guarantee. Any cancellation made after
30 days will not receive any refund. Any kind of payment will be
made by check within 30 days of cancellation.
Interest
Customer agrees that Sun Designs® shall have the right to charge
interest on overdue payments in the amount of 6% of the outstanding
balance, beginning 30 days after the account first became overdue.
Sun Designs® shall have the right to continue to charge interest
at the rate of 6% per month if the account continues to have an
outstanding balance. OR Sun Designs® also has the right to charge
a $5 late fee 1 day after an outstanding balance and continue to
charge $5 per every 30 days.
Collection Agency and Your Credit Report
Customer agrees that if Sun Designs® is unsuccessful in collecting
any debts or liabilities owed to it under any section of this Agreement,
Sun Designs® shall have the right to turn over Customer's account
to a collection agency for collection, and that said collection
agency may use any and all means necessary in order to collect payment
on this account, including but not limited to filing negative credit
reports for Customer that will permanently and negatively impact
Customer's credit rating. Customer further agrees that Sun Designs®
and/or the collection agency shall have the right to add any such
collection costs to the amount owed by Customer to Sun Designs®,
and that Customer shall be obligated to pay such costs.
Returned Checks
Customer agrees that if any check that Customer remits to Sun Designs®
is returned by the bank for any reason, Sun Designs® shall be
authorized to immediately and without notice post a $50 USD debit
to Customer's account, at the option of Sun Designs®. Customer
further agrees that Sun Designs® is authorized to suspend Customer's
account, terminate said account, or take any other such actions
that Sun Designs®, in its sole discretion, deems necessary should
Customer violate this provision, and that Customer shall not be
entitled to any refunds for prepaid portions of the service.
Abusive Behavior
Customer acknowledges and agrees that insulting or abusive behavior,
including but not limited to harassing, insulting, threatening,
or intimidating the staff of Sun Designs®, or engaging in foul
language at any time with said staff, shall constitute a material
breach of this Agreement. Customer further agrees that Sun Designs®
shall be the sole and final arbiter of what actions are deemed to
constitute abusive behavior under this section. Customer further
agrees that Sun Designs® is authorized to suspend Customer's
account, terminate said account, or take any other such actions
that Sun Designs®, in its sole discretion, deems necessary should
Customer violate this provision, and that Customer shall not be
entitled to any refunds for prepaid portions of the service.
Use and Misuse of the Services
All complaints of abuse, violation and misuse of the Services shall
be investigated promptly. If you are not sure if your actions will
be an abuse, violation or misuse, please ask first: abuse@sundesigns.net.
You are responsible for all use of your website, with or without
your knowledge or consent. You agree to use the Services only for
lawful purposes, in compliance with all applicable laws. 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, MPEGs, 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; violating U.S. export
restrictions; 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. When Sun Designs® becomes aware
of possible violations of this Agreement, Sun Designs® may initiate
an investigation that may include gathering information from you
and the complaining party, if any, and examination of material on
Sun Designs®' servers. Sun Designs®, in its sole discretion,
will determine what action will be taken in response to a violation
on a case-by-case basis. Violations of this Agreement could subject
you to criminal or civil liability.
All Sun Designs® resellers, sub-networks and dedicated servers
must comply to the above policies.
Failure to follow any term or condition noted will be grounds for
instantaneous account cancellation and may be a cause for legal
action. Sun Designs® also reserve the right to remove any account
without any prior notice.
Sun Designs® reserves complete right to revise its policies
without any prior notice or announcement.
All questions for clarification should be forwarded
to
beckie@sundesigns.net
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