TERMS OF SERVICE / ACCEPTABLE USE POLICY
ServerOrigin.Com Provides World Wide Web page hosting, ServerOrigin.Com reserves the right to suspend or cancel any customer's access to any or all services provided by ServerOrigin.Com When ServerOrigin.Com decides that the account has been inappropriately used or otherwise.
SERVER USE MAIL POLICY
IRC HOSTING WEB HOSTING - ILLEGAL CONTENT
SECURITY
HIGH RESOURCE
USER POLICY AVERAGE SERVER RESOURCE LIMITS POLICY ENFORCEMENT PAYMENT POLICIES CANCELLATION AND REFUNDS ethProxy DDOS MITIGATION ethProxy CANCELLATION AND REFUNDS
ethProxy Enterprise Plan: Enterprise plan requires
contract agreement for a period of no less than 12 months. Business and Executive plans can be acquired on all payment terms. Contract agreements are available when customer seeks additional discounted rates.
INDEMNIFICATION DISCLAIMER
Personal (shared) accounts are to be
used by the primary owner
only, account holders are not permitted to resell, store or give away web-hosting services of their website to other
parties. Web hosting services are defined as allowing a separate, third party to host content on the owner's web
site. Exceptions to this include ad banners, classified ads, and personal ads. ServerOrigin.Com reserves the right to
refuse service and/or access to
its servers to
anyone.
The definition of spam:
An electronic message is "spam" IF: (1) the recipient's personal identity and context are irrelevant because the
message is equally applicable to many other potential recipients; AND (2) the recipient has not verifiably granted
deliberate, explicit, and still-revocable permission for it to be sent; AND (3) the transmission and reception of the
message appears to the recipient to give a disproportionate benefit to the sender.
You will be cited with "UCE/UBE Abuse" if you send any email to persons who have not specifically asked to receive
email from you. The sending origin of such email is irrelevant. Upon confirmation of abuse, any ServerOrigin.Com customer engaging in this practice
will have their service suspended. Not only does spam place a strain on the server
that can negatively effect that server's uptime record and performance record, you subject that server to the
possibility of being blacklisted.
If your site will be sending mailings out to subscribers, this is a checklist of what you are required to do:
You must not try to hide, forge or misrepresent the sender of the e-mail and sending site of the e-mail. Bulk mailings
must specifically state how the persons' e-mail addresses were obtained and must indicate the frequency of the mailing.
Bulk mailings should contain simple and obvious unsubscribe mechanisms. We recommend that this be in the form of a
working link to a one-click unsubscribe system; however, a valid "reply to:" address may be used instead.
All subscription based e-mail must have valid, non-electronic, contact information for the sending organization in the
text of each e-mail including either a phone number or physical mailing address.
All bulk e-mail must be solicited, meaning that the sender has an existing and provable relationship with the e-mail
recipient and the recipient has not requested not to receive future mailings from the sender. Documentation of the
relationship between the sender and the recipient must be made available to AOL upon request.
BACKUP POLICY
ServerOrigin.Com takes extreme steps to maintain system integrity. However, ServerOrigin.Com shall not be held
responsible for loss of data due to any cause. To ensure the highest level of data protection, ServerOrigin.Com
recommends that ALL information be backed up on your own computer. As with any data that you hold a high importance to,
it should be in more than one location at all times. All ServerOrigin.Com data backups are designed against hardware
failure, not customer user error.
CONTENT
ServerOrigin.com believes in freedom of speech; however, any content (written, visual, or implied) in the
following areas will not be tolerated and is grounds for immediate suspension of service (in most cases customer will
be allowed a zip file of their account): racism or prejudice due to color, creed, or belief; any
violent/malicious content written, visual or implied. We will not tolerate any type of hate site including
terrorist related websites on our network. If we receive notice that there is such a hate site hosted within our
network, the customer hosting the material will be notified immediately. They are required to remove the content within
a certain timeframe or will face account suspension and/or termination.
1. Our refund policy does not pertain to shell/IRCD accounts (WE GIVE ABSOLUTELY ZERO REFUNDS FOR THESE TYPES OF ACCOUNTS.) All sales are final, it is up too the customer to cancel paypal subscriptions and or follow proper procedures to cancel their account.
2.IRC data is allowed only on approved IRC Plans.
3.All users will be permitted two (2) connections per background process (this allows for an eggdrop to connect to IRC and it's botnet, or a bnc to have an inbound user connecting outbound
to an ircd.)
4.Users who feel these abuse policies are unreasonable should consult with an administrator before purchasing an account. No accomodations will be made after an account has been
established.
5.ServerOrigin reserves the right to blacklist channels for any reason. Any account found participating or associating with any blacklisted channel may be terminated without refund.
6.Root exploits, DDoS scripts, and/or operating a botnet for illegal purposes will result in ServerOrigin contacting the authorities and immediately terminating your account.
ServerOrigin.Com does not allow torrent clients or trackers due to copyright issues and resource abuse.
Background daemons such as IRC bots, eggdrop, BitchX, XiRCON and any other program that interferes with normal server
operation are not allowed on web servers. Web proxies are also not tolerated due to resource abuse. When using an account with shell,
you are not allowed to run any servers or services on the ServerOrigin.Com network. Servers are defined as perlbots,
proxies, bitchX, psyBnc, root exploits, DDoS scripts, Shoutcast servers, etc. Running any of these will face an
immediate suspension, and users will be subject to a fine no less than $50.00 USD, and no more than $100.00 USD.
ServerOrigin.Com reserves the right to terminate an account for these activities also.
We prefer that you self-govern your content and remain responsible and all-knowing of what your website publically
provides. Even if other users have access to your account, you are responsible for their actions. The resources and
time needed to govern our servers by checking each website individually, which have growing and evolving content, is
impossible. However, if ServerOrigin.com is made aware of any questionable content on a ServerOrigin-hosted site, we
will address the concerns immediately and directly with you to seek an amiable resolution. If any person contacts us
about content they have found on a ServerOrigin.Com server that violates a copyright of their own material or that
they wish to have removed, we require a proper DMCA notice to begin investigation.
ILLEGAL USAGE
ServerOrigin 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, trademark, trade secret or other intellectual property right used without proper authorization,
prescription drug sales, and material that is obscene, defamatory, constitutes an illegal threat, or violates export
control laws or the laws of the state of Florida. Examples of non-acceptable content or links: Pirated software,
Hackers programs or archives, Warez sites, and MP3's. The subscriber to ServerOrigin service agrees to
indemnify and hold harmless ServerOrigin from any claims resulting from the use of the service that damages the
subscriber or any other party. No online pharmacies are allowed on our network.
ServerOrigin will be the sole arbiter as to what constitutes a violation of this provision.
UNLIMITED POLICY
Specific examples of usage that will violate our policy terms and could result in immediate suspension:
* Copyrighted content you are not explicity licensed to distribute.
* File upload / sharing / archive / backup / mirroring / distribution sites.
* A site created primarily to drive traffic to another site.
* Making your account resources available (whether for free or pay) to the general public.
Information transmitted over the Internet and/or other computer networks is generally not considered to be secure.
While Provider respects the privacy of our customers, the Customer understands that there is no guaranteed
privacy on the
Internet. Provider cannot be liable or responsible for any viewing or interception of Customer's e-mail, downloads,
news, etc., by other customers or individuals at Provider or on any network. The Customer also acknolwedges that
although network and server backups are performed regularly as a courtesy, Provider cannot be liable or responsible for
any loss of data, or for any security holes in Customer applications.
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, probe, or scan of a 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 and broadcast attacks. Forging of any
TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Any website on our shared servers that uses a high amount of server
resources (CPU, memory usage, and network resources) will be given an option to pay for a dedicated server. The abuse
and misuse of system resources is a serious problem, and ServerOrigin does not tolerate it. Accounts on a shared server
must be shared with other users, so we must limit how much of the CPU and memory that can be used by any one account.
In all fairness, we cannot allow one or two clients to use all of the system resources on a shared machine and have all
other clients suffer because of it. Excessive CPU and memory usage by one or more clients causes extreme slowness in
all areas: MySQL, Email, HTTP and more. If the CPU and memory usage by a few clients gets out of hand, all sites hosted
on the machine will return errors and not be accessible in any way.
* Memory usage may not
exceed 10% per domain/file/application
* CPU usage may not exceed 20% per domain/file/application
* Apache connections may not exceed 30 connections
* 15 MySQL maximum user connections allowed
* 350 emails per hour, per domain
There are special exceptions to these rules to be determined at the time we discover abuse. There are different
combinations of usage that can create problems and other special cases. At any given time a server is unstable and an
account is found to be the cause, we reserve the right to suspend the account to keep the server online and operating
normally. If the usage is an increasing trend, we recommend the user invest in a dedicated server so the website can
grow at a normal rate without restriction.
The failure by a customer to meet or follow any of the above policies/terms is grounds for account
deactivation. ServerOrigin.Com will be the sole arbiter as to what constitutes a violation of the AUP. ServerOrigin.Com
reserves the right to remove any account without prior notice.
When ServerOrigin.Com becomes aware of an alleged violation of its AUP, ServerOrigin.Com will initiate an
investigation. During the investigation, ServerOrigin may restrict a customer's access in order to prevent further
potentially unauthorized activity. Depending on the severity of the violation, ServerOrigin.com 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, ServerOrigin.Com will notify the appropriate law enforcement authorities of such
violation.
ServerOrigin.Com does not issue credits for outages incurred through service disablement resulting from AUP
violations.
ServerOrigin.Com customers agree to indemnify and hold harmless ServerOrigin.Com from any claims resulting from the use of our services that damages them or any other party. The ServerOrigin.Com 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. ServerOrigin expressly disclaims any
representation or warranty that the ServerOrigin.Com service will be error-free, secure or uninterrupted. No oral advice or written information given by ServerOrigin.Com, its employees, licensors or the like, will create a
warranty; nor may you rely on any such information or advice. ServerOrigin.Com 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.
All accounts are set up on a prepay basis. Although ServerOrigin.Com reserves the right to change prices of accounts or services at any
time all pricing is guaranteed for the period of pre-payment. Payment is due each anniversary year or month following the date the account was established. Customers WILL automatically be charged again at the end of their prepay
period. In situations where the card number on file is declined ServerOrigin.Com will immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully. In addition,
ServerOrigin.Com reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was To reactivate a suspended account (due payment
problem) a $5 reactivating fee must be paid for each suspended domain/account. Established to the time that the customer sends a written cancellation request. No bills or invoices will be sent by regular mail. All invoices will be
sent directly to customers via e-mail shortly after the online purchase has been made. At this point the customer's card will be charged automatically. Bandwidth overage is billed at $0.40/GB of usage and will be due at the end of
your billing cycle.All payments are accepted in US dollars.
PAYMENT OPTIONS
In order to streamline our accounting procedures and keep costs down ServerOrigin.Com accepts
PayPal and 2CheckOut.
ServerOrigin.Com reserves the right to cancel the service at any time. Customer refund requests are to be sent to
billing@serverorigin.com and will only be processed in the cases of service non-performance within 30 days of signup that might be caused by ServerOrigin.Com's side, refund requests will be refused if it's requested for any cause
outside of ServerOrigin.Com's control. For example:
- Domain transfer failure.
- Failure of any third party programs that's not supported by ServerOrigin.Com
- Customers lack of experience in dealing with web basics.
There will be a $5.00 charge for each refund. If your monthly invoice is below $5.00, no refund will be processed.
Our refund policy does not pertain to shell/IRCD accounts (WE GIVE ABSOLUTELY ZERO REFUNDS FOR THESE
TYPES OF ACCOUNTS.) All sales are final, it is up too the customer to cancel paypal subscriptions and or follow proper procedures to cancel their account.
DDoS plans require 30-days notice upon cancellation due to the inherent costs of doing business. We must provide additional bandwidth based on customer need and we are billed an additional month out.
Customer agrees that it shall defend, indemnify, save and hold ServerOrigin.Com harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable attorney's fees asserted against ServerOrigin.Com, 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 ServerOrigin.Com against liabilities arising out of:
(1) any injury to person or property caused by any products sold or
otherwise distributed in connection with ServerOrigin.Com's server.
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party.
(3) copyright infringement.
(4) any
defective products sold to customer from ServerOrigin.Com's server.
ServerOrigin.Com will not be responsible for any damages your business may suffer.
ServerOrigin.Com makes no warranties of any kind, expressed or implied for services we provide. ServerOrigin.Com disclaims any warranter merchantability or fitness for a particular purpose. This includes loss of data resulting
from delays, non deliveries, wrong delivery, and any and all service interruptions caused by ServerOrigin.Com and its employees. ServerOrigin.Com reserves the right to revise the above mentioned policies at any time.