|
|
There are several policies created to ensure fairness to all of the clients that host with GainWithUs.
1) Pornography, pirated software, mp3 archives, rom archives, freeware/shareware software archives, cracking/hacking tools,
and spamming are not allowed at GainWithUs. Any material of this nature or links to material of this nature will cause
the account to be shut without financial refund. These types of sites waste bandwidth and slow down the servers.
It is not realistic to allow one site to ruin the speed for all of the sites. Additionally, sites of this nature
often place web hosts at legal risk, and therefore cannot be allowed.
2) GainWithUs reserves the right to close any web site that is using an unreasonable amount
of bandwidth or server CPU time. This policy protects other web sites located within the same
web server farm from becoming bogged down by the abusively high traffic site.
3) Clients that tax the machine down with malfunctioning pages or cgi scripts will lose their right to have dynamic pages
(such as ASP, iHTML, and Cold Fusion) and cgi scripts. Everybody writes a code that locks up from time to time, but
GainWithUs will not allow one client's scripts to ruin uptime or performance for the rest of the clients. Keep this policy
in mind when uploading cgi scripts or dynamic pages, since you assume full responsibility for every file that you upload.
If your cgi or other other dynamic content is causing a noticable performance bottleneck, your account will be disabled.
4) Failure to pay on time will result in the loss of the account. GainWithUs wants to give premier support to
paying customers. Therefore, GainWithUs cannot waste time supporting those who do not pay.
5) Accounts created are billed Month to Month from the day they signup so , you get billed each month on the day you signed up.
6) Websites that contain material that is intentionally offensive to racial minorities are not permitted. Sites
that are found to contain such offensive content will be closed.
7) If you send spam, your account will be closed. If a client you host in your account sends spam, your client's
site will be immediately and permanently closed. If extreme cases, your account may also be closed. We do not
and will not tolerate spam. It is your responsiblity to make sure your clients realize that spam is not and will
not be tolerated. Spam is a waste of our network and system resources, and we are completely intolerant of
anybody who sends or attempts to send spam.
8) We reserve the right to charge US$100 per spam message that is sent or attempted to be sent to or
through any our servers. If a spammer is putting uptime or performance at risk by flogging the email
services with spam, we have every legal right to receive payment from the spam sender or the company
represented within the spam to cover the cost of the services rendered. This policy applies equally
to GainWithUs customers and non-GainWithUs customers.
9) GainWithUs reserves the right to block incoming email from any remote SMTP relay at any time for any reason. If a
remote SMTP relay is misconfigured, spammers will often exploit the remote relay to send thousands (sometimes millions)
of spams. If a spammer is abusing a remote SMTP relay to mailbomb domains at GainWithUs, GainWithUs will immediately block the IP
of the SMTP relay that the spammer is abusing. GainWithUs also subscribes to multiple RBLs (real-time blocking lists) to
automatically block known open SMTP relays and known spamming relays. While this policy dramatically reduces the amount of
spam sent to GainWithUs, this may inadvertently block some legitimate email.
10) GainWithUs cannot and will not be held liable for any problem incurred while
hosting with GainWithUs. By hosting with GainWithUs, you assume any and all risk
for possible downtime and other server/connection related problems. If you
are not willing to assume this risk, you should not host with GainWithUs.
While GainWithUs makes every possible attempt to maintain the highest possible
level of uptime, GainWithUs will not under any circumstances make any expressed
or implied guarantee for any specific level of uptime.
11) If you sell hosting services to other customers using your GainWithUs
account, it is your responsiblity to support those customers. Your
customers must contact you for support issues.
12) In the event of a price or policy change, all customers (new and old)
are subject to the price or policy change. These changes may occur at
any time without any notice from GainWithUs. GainWithUs customers should
check the GainWithUs website periodically to check for changes to pricing or
policy.
13) Pricing and policies are subject to change at any time. Our policies are non-negotiable. There is NO-REFUND for domains if you purchase them under your account. Accounts which purchase domains will not be elligbile for refunds.
14)Do anything illegal or anything that adversely affects GAINWITHUS's legal interests. The following list is non-exclusive, and should not be considered license to commit other illegal activities not specified below. All illegal activity is prohibited, and GAINWITHUS will cooperate fully with any law enforcement officials and/or agencies investigating and/or prosecuting such activities
a. Cracking (Hacking) -- attempts to access accounts or systems other than the user's own accounts or systems or an account or system that the user has been explicitly authorized to access is illegal under federal and state law.
b. Child pornography -- as defined by U.S. law. This is strictly prohibited and dealt with quickly and harshly.
c. Interstate gambling -- because Internet traffic generally ignores state and country boundaries, any Internet based gambling site is restricted by Federal Inter-state gambling regulations.
d. Pyramid schemes or fraud -- are illegal under a number of Federal, State and Local laws.
e. Theft of services -- attempts to utilize services that are not contracted for is considered theft and will be dealt with as such.
f. Harassment -- use of network to harass or threaten (in the legal sense of those terms) any other person is prohibited.
A guide to legal resources on the Internet is located at http://www.faqs.org/faqs/law/
Please consult an attorney if you are unsure of the legal status of your activities.
15) Do anything that threatens the integrity of GAINWITHUS's network or the utilization thereof by other persons.
a. Denial of Service (DOS) attacks -- no customer will commit a DOS attack against any customer's host, or any other host on the Internet. Similarly, no customer will willfully or negligently allow incitement of others to attack any host on our network, or any other host on the Internet.
b. RBL -- No customer shall do anything that could get any portion of our IP space put on the RBL (Realtime Black List) as maintained by MAPS (http://www.mail-abuse.com) or other similar organizations, or perform activities that would cause portions of the Internet to refuse to route traffic to any portion of our IP space.
16)Spam -- no customer shall send unsolicited commercial email, unsolicited mass mailings, spam or flood usenet newsgroups, or anything of that sort. If you have questions about what is allowed and what is not, please refer to http://spam.abuse.net.
a. No spam may originate from our IP space.
b. No spam may advertise sites or services located on our IP space (even if the spam originates elsewhere), or IP space which receives IP transit over the our IP network.
c. No customer shall use third party mail servers to relay spam. This is considered a DOS attack on the third party and will be treated as such.
d. No customer shall participate in pyramid schemes or email chain letters.
GAINWITHUS reserves the right to terminate or interrupt any account in part or in full without refund for violation of these Terms of Service. In all but the most extreme or serious cases, good faith attempts will be made to resolve an issue without interruption of service. In cases where service has been terminated or interrupted, resolution will be handled on an individual case basis, at GAINWITHUS's sole discretion.
|
|
