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Crank Web Design Group ("The Company") agrees to
furnish services to "the Subscriber," subject to the
following TOS (Terms of Service).
Use of the Crank Web Design Service constitutes acceptance and
agreement to Crank Web Design AUP as well as Crank Web Design
TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms
of Service) of Crank Web Design, Inc. and AUP (Acceptable Use
Policy). The AUP may be changed from time to time at the
discretion of the Company. Subscriber understands that change
to the AUP by the Company shall not be grounds for early
contract termination or non-payment.
Disclosure to Law Enforcement: The AUP specifically prohibits
the use of our service for illegal activities. Therefore,
Subscriber agrees that the Company may disclose any and all
subscriber information including assigned IP numbers, account
history, account use, etc. to any law enforcement agent who
makes a written request without further consent or
notification to the Subscriber. In addition Crank Web Design
shall have the right to terminate all service set forth in
this Agreement.
Adult hosting is allowed, but warez and child pornography will
not be tolerated! Anything that is legal can be hosted,
anything that is illegal will NOT be hosted.
Payments and Fees: Due to restrictions in our billing system,
we cannot accept one-time payments for web hosting. All
accounts will be set up with a recurring bill. Your payment
subscription will remain active until we have been contacted
by the client to terminate services. Crank Web Design does not
store your credit card information locally. Your information
will be stored with the payment processor of your choice.
Service will be interrupted on accounts
that reach 5 days past due. Service interrupted for nonpayment
is subject to a $10.00USD reconnect charge (individual hosting
accounts). Dedicated servers that are suspended are subject to
a $100.00USD reconnection fee. Accounts not paid by due date
are subject to a $10.00USD late fee. Accounts that are not
collectable by Crank Web Design may be turned over to an
outside collection agency for collection. If your account is
turned over for collection, you agree to pay the company a
"Processing and Collection" Fee of not less than
$50.00USD nor more than $150.00USD. If you desire to cancel
your account, please follow the proper procedure to do this as
outlined in this TOS.
Failure to Pay: The Company may temporarily deny service or
terminate this Agreement upon the failure of Subscriber to pay
charges when due. Such termination or denial will not relieve
Subscriber of responsibility for the payment of all accrued
charges, plus reasonable interest and any collection fees.
Account Cancellation: All requests for canceling accounts must
be made within at least 30 days notice. Requests must be sent
to our
Supportdesk You must have all account information to
cancel.
Subscriber acknowledges that the service provided is of such a
nature that service can be interrupted for many reasons other
than the negligence of the company and that damages resulting
from any interruption of service are difficult to ascertain.
Therefore, subscriber agrees that the company shall not be
liable for any damages arising from such causes beyond the
direct and exclusive control of the company. Subscriber
further acknowledges that the company's liability for its own
negligence may not in any event exceed an amount equivalent to
charges payable by subscriber for services during the period
damages occurred. In no event shall the company be liable for
any special or consequential damages, loss or injury.
SPAM and Unsolicited Commercial E-mail (UCE): Crank Web Design
takes a zero tolerance approach to the sending of Unsolicited
Commercial E-mail (UCE) or SPAM over our network. Very simply
this means that customers of Crank Web Design may not use or
permit others to use our network to transact in UCE. Customers
of Crank Web Design may not host, or permit hosting of, sites
or information that is advertised by UCE from other networks.
Violations of this policy carry severe penalties, including
termination of service.
Violation of Crank Web Design SPAM policy will result in
severe penalties. Upon notification of an alleged violation of
our SPAM policy, Crank Web Design will initiate an immediate
investigation (within 48 hours of notification). During the
investigation, Crank Web Design may restrict customer access
to the network to prevent further violations. If a customer is
found to be in violation of our SPAM policy, Crank Web Design
may, at its sole discretion, restrict, suspend or terminate
customer's account. Further, Crank Web Design reserves the
right to pursue civil remedies for any costs associated with
the investigation of a substantiated policy violation. Crank
Web Design will notify law enforcement officials if the
violation is believed to be a criminal offense.
First violations of this policy will result in an
"Administrative Fee" of $50 and your account will be
reviewed for possible immediate termination. A second
violation will result in an "Administrative Fee" of
$100 and immediate termination of your account. Users who
violate this policy agree that in addition to these
"Administrative" penalties, they will pay
"Research Fees" not to exceed $75 per hour that
Crank Web Design personnel must spend to investigate the
matter. PLEASE, DO NOT SPAM from your account.
As our customers are ultimately responsible for the actions of
their clients over the Crank Web Design network, it is
advisable that Customers develop a similar, or stricter,
policy for their clients.
Backups Full backups are made daily. No
guarantees are made as to the integrity of these backups. It
is the clients responsibility to maintain local copies of
their web content and information.
Uptime Guarantee Crank Web Design guarantee an uptime of 99%
in any calendar month. Should we not reach this we will credit
your account with 100% of your monthly fee, upon receipt of a
refund request.
Bandwidth and Disk Usage: Customer agrees
that bandwidth and disk usage shall not exceed the number of
megabytes per month for the Services ordered by Customer on
the Order Form. Crank Web Design will monitor Customer's
bandwidth and disk usage. Crank Web Design shall have the
right to take corrective action if Customer's bandwidth or
disk usage exceeds the Agreed Usage. Such corrective action
may include the assessment of additional charges,
disconnection or discontinuance of any and all Services, or
termination of this Agreement, which actions may be taken is
in Crank Web Design sole and absolute discretion. If Crank Web
Design 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. In the event that a customer
exceeds the included allocation, Crank Web Design may, at its
sole discretion, collect a deposit, in an amount determined by
Crank Web Design, against customer's credit card on file with
Crank Web Design.
System and Network Security: Users are prohibited from
violating or attempting to violate the security of the Crank
Web Design Network. Violations of system or network security
may result in civil or criminal liability. Crank Web Design
will investigate occurrences, which may involve such
violations and may involve, and cooperate with, law
enforcement authorities in prosecuting Users who are involved
in such violations. These violations include, without
limitation:
Accessing data not intended for such User or logging into a
server or account, which such User is not authorized to
access.
Attempting to probe, scan or test the vulnerability of a
system or network or to breach security or authentication
measures without proper authorization.
Attempting to interfere with service to any user, host or
network, including, without limitation, via means of
overloading, "flooding", "mail bombing" or
"crashing".
Forging any TCP/IP packet header or any part of the header
information in any e-mail or forum posting.
Taking any action in order to obtain services to which such
User is not entitled.
Attempting to couple many hosting packages together to take
advantage of massive space or bandwidth allocations. Each
hosting package purchased is unique to a domain name and use -
please do not purchase multiple "plan 1's" for
instance to get the combined bandwidth & space. Crank Web
Design will stop such transactions and label them as
deceptive. We have an upgrade path for all services and we can
often times work out special deals for users if they ask us
for the assistance.
Suspension of Service or Cancellation: You are not allowed to
run ANY servers or services using shell on the Crank Web
Design network. Servers are defined as perl bots, proxies,
BitchX, psyBnc, root exploits, DDos scripts, shoutcast
servers, etc. Running any of these will face in immediate
suspension, and users will be subject to a fine no less than
$25.00, and no more than $100.00, pending further
investigation. Crank Web Design reserves the right to
terminate an account for these activities also.
Crank Web Design reserves the right to suspend network access
to any customer if in the judgment of the Crank Web Design
network administrators the customer's server is the source or
target of the violation of any of the other terms of the AUP
or for any other reason which Crank Web Design chooses. If
inappropriate activity is detected, all accounts of the
Customer in question will be deactivated until an
investigation is complete. Prior notification to the Customer
is not assured. In extreme cases, law enforcement will be
contacted regarding the activity. The customer will not be
credited for the time the customer's machines were suspended.
If at any given time a domain is using more then 10% CPU
memory, the client will be asked to be moved to a
semi-dedicated server at a small monthly fee. This will
benefit everyone as we like to maintain server performance to
a maximum. If the client chooses not to be moved, 50% of the
money is refundable to cover expenses for creating account and
removing it.
Miscellaneous Provisions: You must provide us with, and keep
current, good contact information for you. E-mail, fax, and
telephone contacts are used, in that order of preference.
A waiver by the company of any breach of any provision of this
Agreement by Subscriber shall not operate as or be construed
as a continuing or subsequent waiver thereof or as a waiver of
any breach of any other provision thereof.
Subscriber shall not transfer or assign this Agreement without
the prior written consent of the Company. Company may assign
Agreement at anytime without consent from or notice to
Subscriber. Company reserves right to cancel customers rights
under this contract at anytime without further obligation.
Crank Web Design takes no responsibility for any material
input by others and not posted to the Crank Web Design Network
by Crank Web Design. Crank Web Design is not responsible for
the content of any other website's linked to the Crank Web
Design Network; links are provided as Internet navigation
tools only. Crank Web Design disclaims any responsibility for
any such inappropriate use and any liability to any person or
party for any other person or party's violation of this
policy.
Crank Web Design is not responsible for any damages your
business may suffer. Crank Web Design does not make implied or
written warranties for any of our services. Crank Web Design
denies any warranty or merchantability for a specific purpose.
This includes loss of data resulting from delays,
non-deliveries, wrong delivery, and any and all service
interruptions caused by Crank Web Design. Crank Web Design
makes no warranties or representations of any kind for the
services being offered. The service is provided on an "as
is" and "as available" basis without warranties
of any kind, either express or implied, including but not
limited to warranties of title, non-infringement, or implied
warranties of merchantability or fitness for a particular
purpose. No advice or information given by Crank Web Design or
its agents or employees shall create a warranty. Under no
circumstances shall Crank Web Design be liable for any direct,
indirect, special, punitive, or consequential damages that
result in any way from your use of or inability to use the
service, or for third parties' use of the service to access
your Web space, or to access the Internet or any part thereof,
or your or any third parties' reliance on or use of
information, services, or merchandise provided on or through
the service, or that result from mistakes, omissions,
interruptions, deletion of files, errors, defects, delays in
operation or transmission, or any failure of performance.
You understand that by placing information on Crank Web Design
servers that such information becomes available to all
Internet users and that Crank Web Design has no way of
limiting or restricting access to such information or
protecting such information from copyright infringement. You
assume total responsibility and risk for your use of Crank Web
Design servers and the Internet. It is solely your
responsibility to evaluate the accuracy, completeness, and
usefulness of all opinions, advice, services and other
information, and the quality and merchantability of all
merchandise provided through Crank Web Design or on the
Internet generally.
Your use of the service is at your sole risk. Crank Web Design
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 backup of
files and data stored on Crank Web Design servers.
You agree not to interfere with the operation of the system.
You further agree not to interfere with the proper operation
of other systems reachable through the Internet, including any
attempt at unauthorized access. You agree to adhere to system
policies as published by Crank Web Design , including
restrictions on services available with each service type,
restrictions on certain features, and all other policies. You
agree to abide by any and all future Crank Web Design policy
decisions.
Crank Web design AUP:.
Acceptable Use Policy
Users are not permitted to have any CGI shells, or php shells.
This includes FooArt, PhpShell, and such others as 'copytest'.
Users with these files are subject to having their account
suspended, and a $250 fine.
Crank Web Design's Acceptable Use Policy ("AUP") is
provided to give our customers and users a clear understanding
of what Crank Web Design expects of them while using the
service. All users of Crank Web Design's Internet services:
those who access some of our Services but do not have
accounts, as well as those who pay a service fee to subscribe
to the Services, must comply with this AUP and our TOS (Terms
of Service). Use of Crank Web Design Service constitutes
acceptance and agreement to Crank Web Design's AUP as well as
Crank Web Design's TOS (Terms of Service) IMPORTANT NOTICE:
*All Payments To Crank Web Design Group Are Non refundable* We
support the uncensored flow of information and ideas over the
Internet and do not actively monitor subscriber activity under
normal circumstances. Similarly, we do not exercise editorial
control over the content of any web site, e-mail transmission,
newsgroups, or other material created or accessible over or
through the services, except for certain proprietary Web
sites. However, in accordance with our TOS (Terms of Service),
we may remove any materials that, in our sole discretion, may
be illegal, may subject us to liability, or which may violate
this AUP. Crank Web Design may cooperate with legal
authorities and/or third parties in the investigation of any
suspected or alleged crime or civil wrongdoing. Your violation
of this AUP may result in the suspension or immediate
termination of either your Crank Web Design account or other
actions as detailed in Section 3 WITHOUT PRIOR NOTICE. This
document is intended to provide a basic understand of Crank
Web Design's Acceptable Use Policy. The following are
guidelines for the establishment and enforcement of Crank Web
Design's AUP: Ensure reliable service to our customers Ensure
security and privacy of our systems and network, as well as
the networks and systems of others Comply with existing laws
Maintain our reputation as a responsible service provider
Encourage responsible use of the Internet and discourage
activities which reduce the usability and value of Internet
services Preserve the value of Internet resources as a conduit
for free expression and exchange of information Preserve the
privacy and security of individual users Crank Web Design
intends to provide its customers access to everything the
Internet has to offer. While Crank Web Design is firmly
committed to the principles of free speech, certain activities
that may be damaging to the resources of both Crank Web Design
and the Internet and cannot be permitted under the guise of
free speech. The resources of Crank Web Design and the
Internet are limited, and abuse of these resources by one user
has a negative impact on the entire community. We do not
routinely monitor the activity of accounts except for
measurements of system utilization and the preparation of
billing records. However, in our efforts to promote good
citizenship within the Internet community, we will respond
appropriately if we become aware of inappropriate use of our
service. You may not use your dedicated server or virtual site
to publish material, which Crank Web Design determines, at its
sole discretion, to be unlawful, indecent or objectionable.
For purposes of this policy, "material" refers to
all forms of Group including narrative descriptions, graphics
(including photographs, illustrations, images, drawings,
logos), executable programs, video recordings, and audio
recordings. If a Crank Web Design account is used to violate
the Acceptable Use Policy or our TOS, we reserve the right to
terminate your service without notice. We prefer to advise
customers of inappropriate behavior and any necessary
corrective action, however, flagrant violations of the
Acceptable Use Policy will result in immediate termination of
service. Our failure to enforce this policy, for whatever
reason, shall not be construed as a waiver of our right to do
so at any time. As a member of our network community, you must
use your Internet access responsibly. If you have any
questions regarding this policy, please contact us at
abuse@Crank Web Design.com VIOLATIONS OF Crank Web Design
ACCEPTABLE USE POLICY The following constitute violations of
this AUP: Illegal use: Crank Web Design services may not be
used for illegal purposes, or in support of illegal
activities. Crank Web Design reserves the right to cooperate
with legal authorities and/or injured third parties in the
investigation of any suspected crime or civil wrongdoing. Harm
to minors: Use of the Crank Web Design service to harm, or
attempt to harm, minors in any way, including, but not limited
to child pornography. Threats: Use of Crank Web Design service
to transmit any material (by e-mail, uploading, posting or
otherwise) that threatens or encourages bodily harm or
destruction of property. Harassment: Use of Crank Web Design
service to transmit any material (by e-mail, uploading,
posting or otherwise) that harasses another. Fraudulent
activity: Use of Crank Web Design service to make fraudulent
offers to sell or buy products, items, or services, or to
advance any type of financial scam such as "pyramid
schemes," "ponzi schemes," and "chain
letters." Forgery or impersonation: Adding, removing or
modifying identifying network header information in an effort
to deceive or mislead is prohibited. Attempting to impersonate
any person by using forged headers or other identifying
information is prohibited. The use of anonymous remailers or
nicknames does not constitute impersonation. Unsolicited
commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the
Crank Web Design service to transmit any unsolicited
commercial or unsolicited bulk e-mail is expressly prohibited.
Violations of this type will result in the immediate
termination of the offending Crank Web Design account. E-mail
/ News Bombing: Malicious intent to impede another person's
use of electronic mail services or news will result in the
immediate termination of the offending Crank Web Design
account. E-mail / Message Forging: Forging any message header,
in part or whole, of any electronic transmission, originating
or passing through the Crank Web Design service is in
violation of this AUP. Unauthorized access: Use of the Crank
Web Design service to access, or to attempt to access, the
accounts of others, or to penetrate, or attempt to penetrate,
security measures of Crank Web Design or another entity's
computer software or hardware, electronic Group system, or
teleGroup system, whether or not the intrusion results in the
corruption or loss of data, is expressly prohibited and the
offending Crank Web Design account is subject to immediate
termination. Copyright or trademark infringement: Use of the
Crank Web Design service to transmit any material (by e-mail,
uploading, posting or otherwise) that infringes any copyright,
trademark, patent, trade secret or other proprietary rights of
any third party, including, but not limited to, the
unauthorized copying of copyrighted material, the digitization
and distribution of photographs from magazines, books, or
other copyrighted sources, and the unauthorized transmittal of
copyrighted software. Collection of personal data: Use of the
Crank Web Design service to collect, or attempt to collect,
personal information about third parties without their
knowledge or consent. Network disruptions and unfriendly
activity: Use of the Crank Web Design service for any activity
which affects the ability of other people or systems to use
Crank Web Design Services or the Internet. This includes
"denial of service" (DOS) attacks against another
network host or individual user. Interference with or
disruption of other network users, services or equipment is
prohibited. It is the Member's responsibility to ensure that
their network is configured in a secure manner. A Subscriber
may not, through action or inaction, allow others to use their
network for illegal or inappropriate actions. A Subscriber may
not permit their network, through action or inaction, to be
configured in such a way that gives a third party the
capability to use their network in an illegal or inappropriate
manner. Unauthorized entry and/or use of another company
and/or individual's computer system will result in immediate
account termination. Crank Web Design will not tolerate any
subscriber attempting to access the accounts of others, or
penetrate security measures of other systems, whether or not
the intrusion results in corruption or loss of data. Fraud:
Involves a knowing misrepresentation or misleading statement,
writing or activity made with the intent that the person
receiving it will act upon it. Infringement of Copyright,
Patent, Trademark, Trade Secret, or Intellectual Property
Right: Distribution and/or posting of copyrighted or the
aforementioned infringements will not be tolerated.
Distribution of Viruses: Intentional distributions of software
that attempts to and/or causes damage, harassment, or
annoyance to persons, data, and/or computer systems are
prohibited. Such an offense will result in the immediate
termination of the offending account. Inappropriate Use of
Software: Use of software or any device that would facilitate
a continued connection, i.e. pinging, while using Crank Web
Design services could result in suspension service. Third
Party Accountability: Crank Web Design subscribers will be
held responsible and accountable for any activity by third
parties, using their account, that violates guidelines created
within the Acceptable Use Policy. Security You are responsible
for any misuse of your account, even if the inappropriate
activity was committed by a friend, family member, guest or
employee. Therefore, you must take steps to ensure that others
do not gain unauthorized access to your account. In addition,
you may not use your account to breach security of another
account or attempt to gain unauthorized access to another
network or server. Your password provides access to your
account. It is your responsibility to keep your password
secure. Sharing your password and account access with
unauthorized users is prohibited. You should take care to
prevent others from using your account since you will be held
responsible for such use. Attempting to obtain another user's
account password is strictly prohibited, and may result in
termination of service. You must adopt adequate security
measures to prevent or minimize unauthorized use of your
account. You may not attempt to circumvent user authentication
or security of any host, network or account. This includes,
but is not limited to, accessing data not intended for you,
logging into or making use of a server or account you are not
expressly authorized to access, or probing the security of
other networks. Use or distribution of tools designed for
compromising security is prohibited. Examples of these tools
include, but are not limited to, password guessing programs,
cracking tools or network probing tools. You may not attempt
to interfere with service to any user, host or network
("denial of service attacks"). This includes, but is
not limited to, "flooding" of networks, deliberate
attempts to overload a service, and attempts to
"crash" a host. Users who violate systems or network
security may incur criminal or civil liability. Crank Web
Design will cooperate fully with investigations of violations
of systems or network security at other sites, including
cooperating with law enforcement authorities in the
investigation of suspected criminal violations. Network
Performance Crank Web Design accounts operate on shared
resources. Excessive use or abuse of these shared network
resources by one customer may have a negative impact on all
other customers. Misuse of network resources in a manner which
impairs network performance is prohibited by this policy and
may result in termination of your account. You are not allowed
to run ANY IRC servers or abusive services using shell on the
Crank Web Design network. This includes any IRC bots, scripts,
servers, etc. Servers are defined as eggdrop servers,
perlbots, VOIP applications, proxies, BitchX, psyBnc, root
exploits, DDos scripts, shoutcast servers, etc. Running any of
these will face in immediate suspension, and users will be
subject to a fine no less than 25.00, and no more than 100.00,
pending further investigation. Also having any type of 'proxy'
including nph-proxy 'Cgi-Proxy' or proxy scripts in your
directory subjects you to a 50.00 fine. Crank Web Design
reserves the right to terminate an account for these
activities also. You are prohibited from excessive consumption
of resources, including CPU time, memory, disk space and
session time. You may not use resource-intensive programs
which negatively impact other customers or the performances of
Crank Web Design systems or networks. Crank Web Design
reserves the right to terminate or limit such activities.
REPORTING VIOLATIONS OF Crank Web Design AUP Crank Web Design
requests that anyone who believes that there is a violation of
this AUP direct the information to the Abuse Department at
abuse@Crank Web Design.com If available, please provide the
following information: The IP address used to commit the
alleged violation The date and time of the alleged violation,
including the time zone or offset from GMT Evidence of the
alleged violation E-mail with full header information provides
all of the above, as do system log files. Other situations
will require different methods of providing the above
information. Crank Web Design may take any one or more of the
following actions in response to complaints: Issue written or
verbal warnings Suspend the Member's forum posting privileges
Suspend the Member's account Terminate the Member's account
Bill the Member for administrative costs and/or re-activation
charges Bring legal action to enjoin violations and/or to
collect damages, if any, cause by violations REVISIONS TO THIS
ACCEPTABLE USE POLICY Crank Web Design reserves the right to
revise, amend, or modify this AUP, our TOS (Terms of Service)
and our other policies and agreements at any time and in any
manner. Notice of any revision, amendment, or modification
will be posted in accordance with our TOS (Terms of Service)
Responsibility for Content: You, as Crank Web Design customer,
are solely responsible for the content stored on and served by
your Crank Web Design server.
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