Acceptable
Use Policy(AUP)
By using our webhosting services,
you agree to comply with our policies. You are expected
to use the Internet with respect, courtesy, and responsibility,
giving due regard to the rights of other Internet users.
We expect you to have a basic knowledge of how the Internet
functions, the types of uses which are generally acceptable,
and the types of uses which are to be avoided. Common sense
is the best guide as to what is considered acceptable use.
The following are unacceptable uses:
Illegality in any form, including
but not limited to activities such as unauthorized distribution
or copying of copyrighted software, violation of U.S. export
restrictions, harassment, fraud, trafficking in obscene
material, drug dealing, and other illegal activities.
Interpretation
The provisions of this Policy are
intended as guidelines and are not meant to be exhaustive.
Generally, conduct that violates law, regulation, or the
accepted norms of the Internet community, whether or not
expressly mentioned in this Policy, is prohibited. SilverLineHosting.Com.
reserves the right at all times to prohibit activities that
damage its commercial reputation and goodwill.
Illegal
Use
SilverLineHosting.Com. servers may
be used only for lawful purposes. Transmission, distribution
or storage of any material in violation of any applicable
law or regulation is prohibited. This includes, without
limitation, material protected by copyright, trademark,
trade secret or other intellectual property right used without
proper authorization, and material that is obscene, defamatory,
constitutes an illegal threat, or violates export control
laws. Examples of non-acceptable content or links: "Pirated
software", "Hackers programs or archives",
"Warez Sites", "Irc Bots", "Mp3".
We will be the sole arbiters as to
what constitutes a violation of this provision.
System
and Network 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, 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 e-mail or a newsgroup posting.
It is a violation for anyone who, including but not limited
to, employs posts or programs which consume excessive CPU
time or storage space, permits the use of mail services,
mail forwarding capabilities, POP accounts, or auto responders
other than for their own account; or resale of access to
CGI scripts installed on our servers.
Tortious
Conduct
No one shall post defamatory, scandalous,
violent or private information about a person without their
consent, intentionally inflicting emotional distress, or
violating trademarks, copyrights, or other intellectual
property rights.
Spamming
Sending unsolicited mail messages,
including, without limitation, commercial advertising and
informational announcements, is expressly prohibited. A
user shall not use another site's mail server to relay mail
without the express permission of the site or distributing,
advertising or promoting software or services that have
the primary purpose of encouraging or facilitating unsolicited
commercial E-mail or spam.
It is contrary to SilverLineHosting.Com.
policy for customers to use our servers to effect or participate
in any of the following activities:
To post to any Usenet or other newsgroup,
forum, e-mail mailing list or other similar group or list
articles which are off-topic according to the charter or
other owner-published FAQ or description of the group or
list;
To send unsolicited mass e-mailings,
if such unsolicited e-mailings provoke complaints from the
recipients;
To engage in any of the foregoing
activities using the service of another provider, but channeling
such activities through a SilverLineHosting.Com. provided
server, or using a SilverLineHosting.Com. provided server
as a maildrop for responses;
To falsify user information provided
to SilverLineHosting.Com. or to other users of the service
in connection with use of a SilverLineHosting.Com. service.
When SilverLineHosting.Com. becomes
aware of an alleged violation of its Acceptable Use Policy,
SilverLineHosting.Com. will initiate an investigation (within
24-48 hours). During the investigation SilverLineHosting.Com.
may restrict Customer 's access in order to prevent further
possible unauthorized activity. If the Customer is found
in violation of our SPAM policy, SilverLineHosting.Com.
may, at its sole discretion, restrict, suspend, or terminate
Customer's account and/or pursue other civil remedies. Also,
SilverLineHosting.Com. reserves the right to pursue civil
remedies for any costs associated with the investigation
of a substantiated policy violation. If such violation is
a criminal offense, SilverLineHosting.Com. will notify the
appropriate law enforcement department of such violation.
SilverLineHosting.Com. does not issue
service credits for any outages incurred through service
disablement resulting from Policy violations.
The Customer shall be held liable
for any and all costs incurred by SilverLineHosting.Com.
as a result of the customer's violation of these terms and
conditions. This is including, but is not limited to, attorney
fees and costs resulting from Postmaster responses to complaints
from and the cleanup of unsolicited commercial mailings
and/or unauthorized bulk mailings and/or news server violations.
First violations will result in a Cleanup Fee of $250 and
the customer’s account will be reviewed for possible
immediate termination. A second violation will result in
Cleanup Fee of $500 and immediate termination of the customer’s
account. The Customer who violates this policy agrees to
also pay Investigation Fees of no more than $125 per hour
that SilverLineHosting.Com. personnel must spend to investigate
any violations.
Modification
SilverLineHosting.Com. reserves the
right to add, delete, or modify any provision of this Policy
at any time without notice. Reporting Network Abuse Any
party seeking to report any violations SilverLineHosting.Com.’s
policy may contact via e-mail: [email protected]
SilverLineHosting.Com.
CUSTOMER SERVICE AGREEMENT
This is an agreement between you
and SilverLineHosting.Com. SilverLineHosting.Com. regarding
your use of SilverlineHosting.Com's computer, interactive
information, communication and server management service.
This Agreement governs the terms and conditions under which
SilverlineHosting.Com makes the services offered by SilverLineHosting.Com.
available to individual consumers through a personal computer
or similar access, or to individual consumers or small businesses
in connection with the " SilverLineHosting.Com. "
webhosting or similar services. Under this Agreement, you
must comply with SilverLineHosting.Com.'s then current "Acceptable
Use Policy," as updated from time to time by SilverLineHosting.Com.,
which can be viewed at : https://silverlinehosting.com/terms.htm/
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
1. SilverLineHosting.Com. will host
an account for you, the purchaser (hereafter referred to
as the Account Holder), for the Account Holder's chosen
domain name, for the period of time (the Term) corresponding
with the payment plan chosen by the Account Holder. This
contract will be automatically renewed at the end of the
Term and each successive renewal term, unless terminated.
We require notification of non-renewal with at least 30
days notice but not more than 60 days prior to the renewal
date. You must have all account information to cancel and
contact us at here ( SilverLineHosting.Com Customer Support
) If you do not provide this notice, you will be charged
for the next terms rate. There are no refunds on a la carte
services, dedicated servers or server colocation.
2. SilverLineHosting.Com.'s services
are 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. SilverLineHosting.Com
expressly disclaims any representation or warranty that
the SilverLineHosting.Com. services will be error-free,
secure or uninterrupted. No oral advice or written information
given by SilverLineHosting.Com., its employees, licensors
of the like, will create a warranty; nor may you rely on
any such information or advice. The terms of this Section
will survive any termination of this Agreement.
3. The Virtual Web Server Internet
account and/or related electronic services can only be used
for legal purposes under all applicable international, federal,
provincial, and municipal laws. Further, the Account Holder
agrees not to store, transmit, link to, advertise or make
available any images containing graphy. Violations
of these or any other provisions of this Agreement may result
in termination of the services provided by SilverLineHosting.Com.,
with or without the grant of a notice or cure period, such
notice or cure period to be granted at the sole discretion
of SilverLineHosting.Com. based upon the severity of the
violation. SilverLineHosting.Com. reserves the right to
refuse service if any of the content within, or any links
from, the Account Holder's website is deemed illegal, misleading,
or obscene, or is otherwise in breach of SilverLineHosting.Com.'s
then current Acceptable Use Policy, in the sole and absolute
opinion of SilverLineHosting.Com.. Notwithstanding anything
in this Agreement, the content of the Account Holder's website
is the sole responsibility of the Account Holder. The Account
Holder agrees to indemnify and hold harmless SilverLineHosting.Com.
from any and all claims, losses, damages, liabilities, judgments,
or settlements, including reasonable attorney's fees, costs,
and other expenses incurred by SilverLineHosting.Com., (collectively,
Claims) related to or in connection with the content of
the Account Holder's website. The terms of this Section
will survive any termination of this Agreement.
4. Account Holder acknowledges that
the nature of the service furnished and the initial rates
and charges have been communicated to the Account Holder.
Account Holder is aware that SilverLineHosting.Com. reserves
the right to change the specified rates and charges from
time to time.
5. The Account Holder agrees to follow
generally accepted rules of "Netiquette" when
sending e-mail messages or posting to newsgroups. Account
Holder is responsible for security of its password. SilverLineHosting.Com
will not change passwords to any account without proof of
identification, which is satisfactory to SilverLineHosting.Com,
which may include written authorization with signature.
In the event of any partnership break-up, divorce or other
legal problems that includes Account Holder, Account Holder
understands that SilverLineHosting.Com. will remain neutral
and may put the account on hold until the situation has
been resolved. Under no circumstances will SilverLineHosting.Com.
be liable for any losses incurred by Account Holder during
this time of determination of ownership, or otherwise. The
Account Holder agrees to indemnify and hold harmless SilverLineHosting.Com.
from any and all Claims arising from such ownership disputes.
The terms of this Section will survive any termination of
this Agreement.
6. The Account Holder agrees not
to harm SilverLineHosting.Com., its reputation, computer
systems, programming and/or other persons using SilverLineHosting.Com.'s
services. SilverLineHosting.Com. reserves the right to select
the server for Account Holder's website for best performance.
The Account Holder understands that the services provided
by SilverLineHosting.Com. are provided on a shared server.
This means that one website cannot be permitted to overwhelm
the server with heavy CPU usage, for example from the use
of highly active CGI scripts or chat scripts. If the Account
Holder's website overwhelms the server and causes complaints
from other users, the Account Holder has outgrown the realm
of shared servers, and will need to relocate it's website.
SilverLineHosting.Com. will refund any unused portion of
prepaid services. If the Account Holder refuses to comply
with this Section, then SilverLineHosting.Com. has the right
to terminate the services provided to the Account Holder
without any refunds of the unused portion prepaid by the
Account Holder. The Account Holder agrees to indemnify and
hold harmless SilverLineHosting.Com. and any other Account
Holder from any and all Claims resulting from the Account
Holder's use of the services provided by SilverLineHosting.Com.
The terms of this Section will survive any termination of
this Agreement.
7. The Account Holder's rights and
privileges under this Agreement cannot be sold or transferred
without the prior written consent of SilverLineHosting.Com..
8. If the Account Holder sells or
resells advertising or webspace to a third party then the
Account Holder will be responsible for the contents of that
advertising and the actions of that third party. SilverLineHosting.Com.
has the absolute right to reject any advertising or other
third party content that is illegal, offensive or otherwise
in breach of the then current SilverLineHosting.Com. Acceptable
Use Policy. The e-mail distribution by the Account Holder
of "SPAM", "JUNK MAIL", or "UNSOLICITED
COMMERCIAL E-MAIL", is expressly prohibited. If the
Account Holder refuses to remove any advertising or other
third party content deemed objectionable by SilverLineHosting.Com.,
SilverLineHosting.Com. may terminate the services being
provided to the Account Holder.
9. SilverLineHosting.Com. will use
its best efforts to maintain a full time Internet presence
for the Account Holder. The Account Holder hereby acknowledges
that the network may, at various time intervals, be down
due, but not restricted to, utility interruption, equipment
failure, natural disaster, acts of God, or human error.
In no event shall SilverLineHosting.Com. be liable to the
Account Holder for any damages resulting from or related
to any failure or delay of SilverLineHosting.Com. in providing
access to the Internet under this Agreement. In no event
shall SilverLineHosting.Com. be liable to the Account Holder
for any indirect, special or consequential damages or lost
profits arising out of or related to this Agreement or the
performance or breach thereof. The aggregate, total liability
of SilverLineHosting.Com. under this Agreement, if any,
shall in no event or circumstance exceed the total amount
actually paid by the Account Holder hereunder. The terms
of this Section will survive any termination of this Agreement.
10. This Agreement applies to all
accounts, sub-accounts, and alternative account names associated
with your principal account. The Account Holder is responsible
for the use of each account, whether used under any name
or by any person, and for ensuring full compliance with
this Agreement by all users of that account. A SilverLineHosting.Com
account may not be transferred without prior written approval
from SilverLineHosting.Com.. The Account Holder is responsible
for maintaining the confidentiality of his/her password.
In the event of a breach of security through the Account
Holder's account, the Account Holder will be liable for
any unauthorized use of the SilverLineHosting.Com. services,
including any damages resulting therefrom, until the Account
Holder notifies SilverLineHosting.Com.'s customer service.
11. If SilverLineHosting.Com. assigns
the Account Holder an Internet Protocol address in connection
with the Account Holder's use of the SilverLineHosting.Com.
services, the right to use that Internet Protocol address
will remain with and belong only to SilverLineHosting.Com.,
and the Account Holder will have no right to use that Internet
Protocol address except as allowed by SilverLineHosting.Com.
in its sole and absolute discretion.
12. This Agreement constitutes the
entire agreement between the Account Holder and SilverLineHosting.Com.
with respect to the SilverLineHosting.Com. services and
supersedes all prior agreements between the Account Holder
and SilverLineHosting.Com.. SilverLineHosting.Com.'s failure
to enforce any provision of this Agreement shall not be
construed as a waiver of any provision or right. In the
event that a portion of this Agreement is held unenforceable,
the unenforceable portion will be construed in accordance
with applicable law as nearly as possible to reflect the
original intentions of the parties, and the remainder of
the provisions will remain in full force and effect. The
terms of this Section will survive any termination of this
Agreement.
13. The parties shall attempt to
resolve all disputes arising out of this Agreement in a
spirit of cooperation and with a problem-solving mindset,
without formal proceedings. Any dispute, which cannot be
so resolved, shall be subject to binding arbitration upon
the written demand of either party. Arbitration shall take
place in Orlando, FL. Should any legal action permissible
under this Agreement be instituted to enforce the terms
and conditions of this Agreement, in particular the right
to collect money due on unpaid invoices, the prevailing
party shall be entitled to recover reasonable attorney's
fees and expenses incurred at both the trial and appellate
levels. The terms of this Section will survive any termination
of this Agreement.
14. The Account Holder agrees to
indemnify and hold SilverLineHosting.Com. harmless from
any and all Claims resulting from or connected with any
activities conducted by the Account Holder. The Account
Holder and SilverLineHosting.Com. will promptly notify the
other upon receipt of any Claim or legal action arising
out of activities conducted pursuant to this Agreement.
The rights and responsibilities established in this paragraph
will survive any termination of this Agreement.
15. SilverLineHosting.Com. may include
the Account Holder's name and contact information in directories
of SilverLineHosting.Com. service subscribers for the purpose
promoting the use of the services by additional potential
clients. However, SilverLineHosting.Com. is not authorized
to print the Account Holder's name, trademarks or other
identifying information in any other advertising or promotional
materials without the prior written consent of the Account
Holder.
16. The interpretation and enforcement
of this Agreement shall be governed according the laws of
the state of Florida (excluding its choice of law rules)
and the federal laws of United States applicable therein.
The Account Holder hereby consents to personal jurisdiction
in the federal and provincial courts of Orlando, Florida
for any action arising out of or relating to the Account
Holder's use of the SilverLineHosting.Com services. The
federal and provincial courts of Orlando, Florida will have
exclusive jurisdiction over all such actions. In any such
action, the prevailing party will be entitled to recover
all legal expenses incurred in connection with the action,
including but not limited to its costs, both taxable and
non-taxable, and reasonable attorney's fees. The terms of
this Section will survive any termination of this Agreement.
17. Notices required by this Agreement
shall be in writing and shall be delivered either by personal
delivery or by mail. If delivered by mail, notices shall
be sent by any express mail service; or by certified or
registered mail, return receipt requested; with all postage
and charges prepaid. All notices and other written communications
under this Agreement shall be addressed to the individuals
in the capacities indicated below, or as specified by subsequent
written notice delivered by the party whose address has
changed.
18. Because the Internet is a global
communication tool, and we have clients from nearly every
country in the world it is difficult to dictate what is
considered "adult material." However, it is not
our function to discriminate against those who choose to
utilize adult content or adult related material. This being
said, there are still several reasons why SilverLineHosting.Com
has been forced to create its no adult sites policy for
its virtual server users.
19. Virtual account holders can receive
a refund if account is cancelled within the initial 30 days
after sign up. Reseller account holders can receive a refund
if account is cancelled within the initial 7 days after
sign up. If the account holder cancels after the time period
specified, there will be no refund given.
20. SilverLineHosting.Com. may temporarily
deny service or terminate this Agreement upon the failure
of Account Holder to pay charges when they become due. Such
termination or denial will not relieve the Account Holder
of responsibility for the payment of all accrued charges,
plus reasonable interest and any collection fees.
21. If an account holder's account
becomes overdue, the account will be suspended. Interest
will accrue on the overdue account at a rate of 5% per month
until the outstanding balance is paid in full.
22. If an account holder charges
back for services rendered, a $50.00 charge back fee will
be added to the amount charged back by the customer.
23. If an account holder's account
is overdue for 90 days, the account will be handed over
to an outside collection agency. At that time the account
holder will incur a $50.00 collection fee added to the balance
previously due.
24. All accounts are subject to verification.
25. You agree that SilverLineHosting.Com.
may establish limits concerning use of any SilverLineHosting.Com
service offered on any SilverLineHosting.Com. web site,
including without limitation the maximum number of days
that e-mail messages will be retained by any SilverLineHosting.Com.
service, the maximum number of e-mail messages that may
be sent from or received by an account on any SilverLineHosting.Com.
service, the maximum size of an e-mail message that may
be sent from or received by an account on any SilverLineHosting.Com
service, the maximum disk space that will be allotted on
SilverLineHosting.Com.'s servers on your behalf either cumulatively
or for any particular service. You agree that SilverLineHosting.Com.
has no responsibility or liability for the deletion, corruption
or failure to store any messages or other content maintained
or transmitted by any SilverLineHosting.Com. service. You
acknowledge that the features, parameters (for example,
the amount of storage available to users) or existence of
any SilverLineHosting.Com. service may change at any time.
What
does SilverLineHosting.Com consider "Adult Material?"
Any site whose revenue is gained
in part or whole from its adult content.
Photos or videos showing frontal
nudity on either men or women for non-scientific or non-artistic
purposes.
Photos or videos showing graphic
violence or death.
Revenue-generating hyperlinks to
sites who violate policy #1.
Why does SilverLineHosting.Com
have this policy?
Bandwidth
and Resources
A virtual server is a shared environment where many servers
reside on each particular machine. This being said, consider
that an average "adult site" gets more hits than
100 standard websites. Some of the smaller adult sites get
around 5 GB of transfer per day. With these types of resources
being utilized, our servers would be severely slowed if
we allowed these high traffic sites to also reside on our
servers. On top of that, we would be forced to raise our
prices to pay for the additional bandwidth. We strive to
keep our servers fast and inexpensive, and our bandwidth
clear; therefore, adult sites are not an option.
SilverLineHosting.Com reserves the
right to decide what it considers "adult content",
"adult material", "ually explicit",
or "ually related". Let us know if you are
unsure of the approval of your site before placing an order.
