Terms Of ServiceIMPORTANT NOTICE: *All Payments To The Computer Cor Network Are Non-Refundable* The Computer Cor Network ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). Use of The Computer Cor Network Service constitutes acceptance and agreement to The Computer Cor Network's AUP as well as The Computer Cor Network's TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of The Computer Cor Network, 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 The Computer Cor Network shall have the right to terminate all service set forth in this Agreement. Refund and Disputes: All payments to The Computer Cor Network, Inc. are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in The Computer Cor Network's sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay The Computer Cor Network an "Administrative Fee" of not less than $50 and not more than $150. 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. 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. Support Boundaries: The Computer Cor Network provides 24/7 technical support to our subscribers (except for few holidays and short company meetings when we close our center). We limit our technical support to our area of expertise. The following is our guidelines when providing support:
SPAM and Unsolicited Commercial E-mail (UCE): The Computer Cor Network 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 The Computer Cor Network may not use or permit others to use our network to transact in UCE. Customers of The Computer Cor Network 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 The Computer Cor Network's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, The Computer Cor Network will initiate an immediate investigation (within 48 hours of notification). During the investigation, The Computer Cor Network may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, The Computer Cor Network may, at its sole discretion, restrict, suspend or terminate customer's account. Further, The Computer Cor Network reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. The Computer Cor Network 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 $10 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 The Computer Cor Network 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 Computer Cor Network, it is advisable that Customers develop a similar, or stricter, policy for their clients. IMPORTANT NOTICE: If your site results in our IP Space being blacklisted, we will immediately terminate your account and send to collections an administrative fee of 500 USD. NetworkBandwidth 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 (the "Agreed Usage"). The Computer Cor Network will monitor Customer's bandwidth and disk usage. The Computer Cor Network 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 The Computer Cor Network's sole and absolute discretion. If The Computer Cor Network 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, The Computer Cor Network may, at its sole discretion, collect a deposit, in an amount determined by The Computer Cor Network, against customer's credit card on file with The Computer Cor Network. Bandwidth overage is $1 per GB over allocated transfer. System and Network Security: Users are prohibited from violating or attempting to violate the security of The Computer Cor Network. Violations of system or network security may result in civil or criminal liability. The Computer Cor Network 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:
Notification of Violation: The Computer Cor Network is under no duty to look at each customer's or user's activities to determine if a violation of the AU{ has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities. First violation: Any User, which The Computer Cor Network determines to have violated any element of this Acceptable Use Policy, shall receive an e-mail, warning them of the violation. The service may be subject at The Computer Cor Network's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations. Second Violation: Users that The Computer Cor Network determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible. Suspension of Service or Cancellation: The Computer Cor Network reserves the right to suspend network access to any customer if in the judgment of The Computer Cor 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 The Computer Cor Network 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. The Computer Cor Network reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of The Computer Cor Network must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy. Indemnification: The Computer Cor Network wishes to emphasize that in agreeing to the The Computer Cor Network Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies The Computer Cor Network for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to The Computer Cor Network or the bringing of any claim against The Computer Cor Network by any third-party. This means that if The Computer Cor Network is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against The Computer Cor Network, plus all costs and attorney's fees. 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. The Computer Cor Network takes no responsibility for any material input by others and not posted to The Computer Cor Network. The Computer Cor Network is not responsible for the content of any other websites linked to The Computer Cor Network; links are provided as Internet navigation tools only. The Computer Cor Network 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. The Computer Cor Network is not responsible for any damages your business may suffer. The Computer Cor Network does not make implied or written warranties for any of our services. The Computer Cor Network 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 The Computer Cor Network. It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund. Responsibility for Content: You, as The Computer Cor Network's customer, are solely responsible for the content stored on and served by your The Computer Cor Network server. Abuse Towards Our Staff or Network Staff: Abuse Towards our staff or our network staff will not be tolerated, If you use foul language, threaten us, or anything we may find offensive, we may suspend your account, or if we decide it needs to be delete it and offer no refund. Per Our AUP and TOS, We offer No Refunds. Chargebacks: Charge backs or disputes of any kind will result in an immediate termination of all services on your account, weather you charged back one or all items on your account. Threats are considered almost the same as an actual chargeback. Late Payments: We have zero tolerance policy for late payment. We are very flexible with payments as long as you communicate with us. However failure to communicate and payment being late will result in suspension of service. Late Payments are charged a fee of $10 per server or service that is late. At the sole discretion of Computer Cor Network. we can waive the Late Payment. If your servers are turned off there is a $25 dollar re-activation fee per server. ACCEPTABLE USE POLICYAUP (Acceptable Use Policy) The Computer Cor Network's Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what The Computer Cor Network expects of them while using the service. All users of The Computer Cor Network'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 The Computer Cor Network Service constitutes acceptance and agreement to The Computer Cor Network's AUP as well as The Computer Cor Network's TOS (Terms of Service) IMPORTANT NOTICE: *All Payments To The Computer Cor Network 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. The Computer Cor Network 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 The Computer Cor Network account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE. This document is intended to provide a basic understand of The Computer Cor Network's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of The Computer Cor Network's AUP:
The Computer Cor Network intends to provide its customers access to everything the Internet has to offer. While the The Computer Cor Network is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the The Computer Cor Network and the Internet and cannot be permitted under the guise of free speech. The resources of the The Computer Cor Network 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 rack or virtual site to publish material, which The Computer Cor Network determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings. If a The Computer Cor Network 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 [at] computercor [dot] biz VIOLATIONS OF THE COMPUTER COR NETWORK ACCEPTABLE USE POLICY The following constitute violations of this AUP:
IMPORTANT NOTICE: BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server 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 server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice. 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 The Computer Cor Network account. E-mail/Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the The Computer Cor Network service is in violation of this AUP. Usenet SPAMing: The Computer Cor Network has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted. Unauthorized access: Use of the The Computer Cor Network service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of The Computer Cor Network.'s or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending The Computer Cor Network account is subject to immediate termination. Copyright or trademark infringement: Use of the The Computer Cor Network 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 The Computer Cor Network 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 The Computer Cor Network service for any activity which affects the ability of other people or systems to use The Computer Cor Network 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. The Computer Cor Network 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 The Computer Cor Network services could result in suspension service. Third Party Accountability: The Computer Cor Network 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. Violation Of The Computer Cor Network Virtual Accounts: It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund. Operating system Changes: If you make any changes to your operating system, such as install another on top of it or install an OS Add-on that changes it (ex: RH9 --> CentOs or FC1 --> Gentoo), you immediately void any support other than Reboots. Unlimited Accounts: Unlimited Accounts are indeed unlimited. These accounts are not to be used to host a collection of MP3's, Warez, Backup Your Home Computer. These accounts may also not be used as a download distribution point for your bundled software. It is to be used for standard Web practices and only standard web practices. If you have a questionable concern open a ticket with the helpdesk. If you know your site is going to use an un-normal usage, and sign up knowing this, we will require you to get a dedicated server. If you have any questions in regards to this contact our helpdesk. Un-Normal usage is anything that a shared server would not be able to provide. Again Contact us for approval if you feel you will fall into this clause. These accounts are no longer offered and are grand fathered in. Resellers: Resellers are responsible for enforcing the AUP and TOS to all of their clients. If their clients are found to be not following them, The Computer Cor Network will suspend the offending site and let the reseller know. Resellers are responsible for anything their clients do. If you have any questions or concerns in regards to what is allowed and not allowed open a ticket with the helpdesk at http://lpanel.computercor.biz. SecurityYou 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. The Computer Cor Network 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. Egg Drop: Egg Drop Scripts are NOT allowed. These are grounds for immediate account deletion without a refund. IRC: IRC Client or Server in any form is not permitted on our network. Basically IRC in any form is not permitted. Legal: If it is not legal in the United States of America, it is not permitted to reside on our server. If site is found to be violating it will be terminated. Legal Adult Material: Adult Content is allowed on all servers. Shared Hosting Clients - ANIME: Anime Sites are welcome on our shared servers as well as dedicated HOWEVER, if it affects the use of others on Shared Servers, it will be immediately suspended and requested you go dedicated. Shared Hosting Clients: Remote MySQL Access - Accessing Your MySQL Databases from another server or linking to them is prohibited. We provide hosting not MySQL server database space. If your databases are accessed via other servers the account will be suspended without notice and or terminated. OS Reloads: Operating System Reloads are considered to be Admin time and come with a charge of $75 Dollars each time they are requested. Clientexec and other applications: All applications that are provided free are leased version and remain the ownership of The Computer Cor Network if you decide to cancel your services with us. You may at any time purchase a license directly from product vendor if you still wish to use it. Network PerformanceThe Computer Cor Network 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 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 The Computer Cor Network systems or networks. The Computer Cor Network reserves the right to terminate or limit such activities. REPORTING VIOLATIONS OF THE COMPUTER COR NETWORK AUP The Computer Cor Network requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse [at] computercor [dot] biz. If available, please provide the following information:
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. The Computer Cor Network may take any one or more of the following actions in response to complaints:
REVISIONS TO THIS ACCEPTABLE USE POLICY The Computer Cor Network 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). |
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