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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.
- Any account that is suspended
will incur a $30 reactivation fee.
- 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.
- 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 $1.00 USD/1 gig. per
month will apply.
- If client goes over allotted storage space, client
will be charged $4.00 USD/100 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 15 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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