Creepy Hosting Terms of Service THIS AGREEMENT is made and entered between Creepy Hosting, http://www.creepyhosting.com, hereinafter referred to as " CreepyHosting " and the Customer, who wishes to use the services of Creepy Hosting in accordance with CreepyHosting's TOS. WARRANTIES: With respect to the services to be provided herein, the Customer acknowledges that CreepyHosting makes absolutely no warranties whatsoever, express or implied. As a result, the Customer agrees that CreepyHosting shall not be liable to the Customer for any claims, damages or loss of profit which may be suffered by the Customer or any other entity in any respect for direct, indirect, consequential, actual, or punitive damages arising out of or in relation to the services provided herein, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions. INFORMATION: The utilization of any data or information received by the Customer from the utilization of the service to be provided by CreepyHosting is at the Customer's sole and absolute risk. CreepyHosting specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby. Terms, Conditions and Acceptable Use Policy CreepyHosting provides Internet World Wide Web page hosting and e-mail services. CreepyHosting has certain legal and ethical responsibilities regarding the use of its computer network and equipment involved in these services. CreepyHosting's general policy is to act as a neutral provider of access to the global Internet and has specific ethical concerns regarding the use of its computers detailed below. CreepyHosting reserves the right to suspend or cancel a customer's access to any or all services provided by CreepyHosting when CreepyHosting decides that the account has been inappropriately used. Specific Acceptable Use Policies Unauthorized use of other people's accounts or computers: CreepyHosting will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "social engineering" (tricking other people into releasing their passwords), password cracking, security hole scanning etc. Any unauthorized use of accounts or computers by a CreepyHosting customer, whether or not the attacked account or computer belongs to CreepyHosting, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, according to the seriousness of the attack. Adult Content: Adult-oriented sites, pornography and sex-related merchandising are prohibited. This includes sites that may infer sexual content of any kind or provide links to adult content elsewhere. We also prohibit sites that provide storage, sale, distribution, hypertext link to, advertisement, promotion or hosting of material that is unlawful, defamatory, obscene, harmful, threatening, harassing, or an intrusion of privacy or publicity rights, or otherwise objectionable. Child Pornography: The use of CreepyHosting's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. CreepyHosting is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services. Usage of Server Resources: Customer agrees that Customer shall not use excessive amounts of server resources (such as, but not limited to, CPU time & memory usage) on any of CreepyHosting's servers. Any violation of this policy may result in corrective action by CreepyHosting, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in CreepyHosting's sole and absolute discretion. If CreepyHosting takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. Users may not initiate the following: a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed. c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. d) Run any software that interfaces with an IRC (Internet Relay Chat) network. e) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc Commercial advertisements with e-mail: Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to CreepyHosting's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a CreepyHosting server, and selling or distributing software (on a Web site residing on a CreepyHosting server) that facilitates spamming. Violators will be assessed a minimum fine of $200 and will face immediate suspension. CreepyHosting reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision. Email limits: These limitations apply to ALL email accounts, mailing lists and anything else that you use to send email using your CreepyHosting account. The limits have been introduced in order to clearly define what is permissible and to provide a stable platform for all users. These limits apply to each CPanel account. If you have more than 1 mailing list installed on the one account.... The combined total of all email received/sent via your account/mail lists must not exceed these figures:- A Maximum of 50 pieces of email per hour is permitted. A Maximum of 1000 pieces of email per 24 hour period, per cPanel user account is permitted. If your mailings exceed these limits, you are likely to receive the emails back into your inbox as undeliverable. If your mailing list Would / Does exceed these limits, then you would need to outsource the list to a 3rd party provider. CreepyHosting will not host sites that deal with mass email type services. Failing to observe the above limits will result in the mail list software being disabled or having your account suspended. Fraudulent Content: Offering or distributing any fraudulent goods, services, schemes or promotions (e.g. - make money fast schemes, chain-letters, pyramid schemes), or submitting false data on any sign-up form, contract or online application through registration, or any fraudulent use of information obtained through the use of the Plans, including, without limitation, use of credit card numbers, phone numbers, e-mail addresses, or home addresses is strictly prohibited. Prohibited Sites CreepyHosting do not host financial sites (such as bank, brokerage). Any sites that are found to contain this content will be suspended or terminated without any warning. Any site that is not of or about the paranormal. Abuse of Traffic and Storage: CreepyHosting customers are privileged to be offered high traffic and large amounts of storage for their web sites. We expect our customers to use these resources in good faith. The intention of CreepyHosting is to provide a large space to serve web documents, not an offsite storage area for electronic files. Sites that fall under "storage area" are large archives of images, compressed files, movies, or sound files. CreepyHosting allows up to 50 megs of archive storage per active cPanel account, ie. movies, sound files (including mp3, real audio files), images, compressed files, Real Audio or Video archives etc. we reserve the right to remove the abusive files. To prevent abuse; 1) CreepyHosting's web space must be used as a facility for web hosting only; 2) CreepyHosting's storage must not be used as a facility for backup purposes; 3) All non-HTML files must be referenced by HTML files. All web pages (HTML) must be 'linked' with all files (.gif, .jpeg, .exe, etc.) stored on CreepyHosting's servers. Web sites that are found to contain no html documents or a number of unlinked files are subject to warning, suspension or cancellation at the discretion of CreepyHosting management. CreepyHosting email accounts may not be used for permanent storage of email, and must be cleared periodically. In other word s, don't click the "leave mail on server" box found in many popular email clients and/or if You use WebMail delete your email. CreepyHosting will be the sole arbiter as to what constitutes a violation of this provision.. Prohibited Program and Software IRC software. We do not allow running any IRC related software, programs or services. This includes but not limited to: IRC servers, IRC clients, IRC bouncers, IRC proxy, IRC bots, and other related software. Background process. We do not allow any kind of background running software, programs or services. Any kind of proxy server. It is not allowed to run any kind of proxy server whether it is running as a background process, CGI scripts or any other means. This includes all kind of proxy servers for any protocol. No camera software is allowed on the servers, this includes cameras based on FTP link. Backups and Data Loss Your use of the service is at your sole risk. CreepyHosting is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on CreepyHosting servers. Lawful Purpose CreepyHosting reserves the right to refuse service to anyone. Customers may only use CreepyHosting's server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. Indemnification Customer agrees that it shall defend, indemnify, save and hold CreepyHosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against CreepyHosting, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless CreepyHosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with CreepyHosting's server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from CreepyHosting's server. CreepyHosting reserves the right to revise its policies at any time without notice.
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