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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!
- 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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