Upon signing up for ACD Hosting and Design's
services, all customers agree to comply with ACD Hosting
and Design's Terms of Use. The spirit of this policy is
to ensure our customers are using ACD Hosting and Design's
services with due regard to the rights of other Internet
users and in conformity with the requirements of ACD Hosting
and Design's network environment. Please note that asterisked
items (*) are not applicable to Dedicated Server customers.
Illegal Use
ACD Hosting and Design servers may be used
for lawful purposes only. Transmission, storage, or distribution
of any information, data, or material in violation of any
applicable law or regulation is prohibited. This includes,
but is not limited to: copyrighted material; trademarks;
trade secrets or other intellectual property rights used
without proper authorization; material that is obscene,
defamatory, constitutes an illegal threat, or violates export
control laws. Examples of unacceptable content or links
include: pirated software, hacker programs or archives,
Warez sites, MP3, and IRC bots.
Adult Content
Due to the special system and network requirements
of adult-oriented sites, pornography and sex-related merchandising
are prohibited. This includes sites that may infer sexual
content or provide links to adult content elsewhere. This
is also true for sites that promote any illegal activity
or content that may be damaging to our servers or any other
server on the Internet, or provide links to such sites.
Security
Violations of system or network security
are prohibited and may result in criminal and civil liability.
Examples include but are not limited to the following: unauthorized
access, use, probing, or scanning of systems security or
authentication measures, data, or traffic; interference
with service to any user, host, or network including, without
limitation, mail bombing, flooding, deliberate attempts
to overload a system, broadcast attacks; forging of any
TCP-IP packet header or any part of the header information
in an email or a newsgroup posting.
Server Resources*
Any web site that uses a high amount of
server resources (such as, but not limited to, CPU time,
memory usage, and network resources) will be given the option
to either pay additional fees (which will depend on the
resources required), reduce the resources used to an acceptable
level, or upgrade its service to a Dedicated Server plan.
ACD Hosting and Design shall be the sole arbiter of what
is considered to be a high server usage level. All shared
web hosting accounts come with a limit of 5,000 files per
account. Each block of 5,000 files after the initial 5,000
will incur an additional charge of $9.95/month.
Any web hosting account deemed to be adversely
affecting server performance or network integrity will be
shut down without prior notice.
CGI Scripts*
CGI script sharing with domains not hosted
by ACD Hosting and Design is not permitted. Any CGI-scripts
deemed to be adversely affecting server performance or network
integrity will be shut down without prior notice.
Chat Rooms*
ACD Hosting and Design does not allow customers
to install their own chat rooms. Chat rooms tend to require
significant system resources and therefore cannot be permitted
as an account option. However, for a small charge, ACD Hosting
and Design provides Java chat rooms that meet most users'
needs and run without hindering system performance.
Background Running
Programs and Cron Jobs*
ACD Hosting and Design may allow programs
to run in the background. These programs will be considered
on an individual basis and customers will incur extra charges
based on system resources used and operational maintenance
needed. If you wish to run background programs please contact
ACD Hosting and Design at support@ACD Hosting and Design
so that we can arrange set-up.
IRC
ACD Hosting and Design does not allow IRC
or IRC bots to be operated on our servers.
UCE (Unsolicited Commerce
Email) - SPAM
Spamming, the sending of unsolicited mass
email from or through a ACD Hosting and Design server or
using an email address that is maintained on a ACD Hosting
and Design machine is STRICTLY prohibited. ACD Hosting and
Design will be the sole arbiter as to what constitutes a
violation of this provision. Customers are also in violation
of this provision if they engage in spamming using the service
of another ISP or IPP, but reference in the spam a web site
hosted on a ACD Hosting and Design server. The promoting,
distributing and/or selling of spam related materials also
apply (mass mailing software, email addresses, etc). Violators
will be assessed a minimum fine of $200 and will face immediate
suspension. Any client website or service that support spammers
or cause any of our IP space to be listed in any of the
various Spam Databases will have their site immediately
removed from our network. The site will not be reconnected
until such time that you agree to remove ANY and ALL traces
of the offending material immediately upon reconnection
and agree to allow us access to the server to confirm that
all material has been COMPLETELY removed. Severe violations
may result in immediate and permanent removal of the site
from our network without notice to the customer. Any site
guilty of a second violation WILL be immediately and permanently
removed from our network without notice.
Server Abuse
Any attempts to undermine or cause harm
to a ACD Hosting and Design server or customer are strictly
prohibited.
Software Distribution*
ACD Hosting and Design's shared web hosting
accounts are not configured for the purposes of distributing
software and/or multimedia products. If you wish to distribute
software and/or multimedia files, please contact sales@ACD
Hosting and Design to make special arrangements.
Multimedia Files*
Multimedia files are defined as any graphics,
audio, and video files. ACD Hosting and Design shared web
hosting accounts are not to be used for the purposes of
distributing and storing unusual amounts of multimedia files.
Any web site whose disk space usage for storing multimedia
files exceeds 70% of its total usage, in terms of total
size or number of files, will be considered to be using
an unusual amount of multimedia files.
Databases*
Any database stored on ACD Hosting and
Design servers shall be limited in size to 10% of the total
disk space allotted for that particular domain's plan/web
hosting account.
Copyright Violations
The Digital Millennium Copyright Act ("DMCA")
sets forth the requirements for valid copyright infringement
notification. If you would like to notify ACD Hosting and
Design of an infringement of your copyright, the DMCA requires
that you:
1. Send your notification to 5StarHosting's
designated agent. You may choose any of the following three
avenues for this notification:
a. Email to abuse@acdhostinganddesign.com
2. Include in your notification the following
information:
a. A physical or electronic signature of
the copyright owner or a person authorized to act on the
copyright owner's behalf (the "Claimant")
b. Identification of the copyrighted work(s)
claimed to have been infringed
c. Identification of the material claimed
to infringe the copyright(s), and enough information for
5StarHosting to locate it
d. The Claimant's name, address, and telephone
number(s)
e. A statement that the Claimant has a
good faith belief that use of the disputed material is not
authorized by the copyright owner or his agent
f. A statement, under penalty of perjury,
that the information in the notification of copyright infringement
is accurate and that the Claimant is authorized to act on
behalf of the copyright owner.
Actions Taken by ACD
Hosting and Design
The failure by a customer to meet or follow
any of the above Terms of Use is grounds for account deactivation.
ACD Hosting and Design will be the sole arbiter as to what
constitutes a violation of the Terms of Use. ACD Hosting
and Design reserves the right to remove any account without
prior notice.
When ACD Hosting and Design becomes aware
of an alleged violation of its Terms of Use, ACD Hosting
and Design will initiate an investigation. During the investigation,
ACD Hosting and Design may restrict a customer's access
in order to prevent further potentially unauthorized activity.
Depending on the severity of the violation, ACD Hosting
and Design may, at its sole discretion, restrict, suspend,
or terminate a customer's web hosting account and/or pursue
other civil remedies. If such violation is a criminal offense,
ACD Hosting and Design will notify the appropriate law enforcement
authorities of such violation.
ACD Hosting and Design does not issue credits
for outages incurred through service disablement resulting
from Terms of Use violations.
ACD Hosting and Design customers agree
to indemnify and hold harmless ACD Hosting and Design from
any claims resulting from the use of our services that damages
them or any other party. The ACD Hosting and Design service
is provided on an as is, as available basis without warranties
of any kind, either express or implied, including, but not
limited to, warranties of merchantability, fitness for a
particular purpose or non-infringement. ACD Hosting and
Design expressly disclaims any representation or warranty
that the ACD Hosting and Design service will be error-free,
secure or uninterrupted. No oral advice or written information
given by ACD Hosting and Design, its employees, licensors
or the like, will create a warranty; nor may you rely on
any such information or advice. ACD Hosting and Design and
its partners and suppliers will not be liable for any cost
or damage arising either directly or indirectly from any
transaction or use of the service.
Modification
ACD Hosting and Design reserves the right
to add, delete, or modify any provision of its Terms of
Use at any time without notice.
