Terms
of Service
Highway 54 Hosting is service of EACH, INC ("COMPANY").
COMPANY is dedicated to providing an all-round top quality service. The terms and conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical responsibilities.
Failure to follow any term or condition will be grounds for immediate account deactivation without notice. COMPANY will be the sole arbiter as to what constitutes a violation of any of these provisions.
Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension.
To report suspected abuses or any violations of these policies, please contact abuse@eachinc.com
Illegal Usage
COMPANY 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, 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, MP3, and IRC bots. The subscriber to COMPANY service agrees to indemnify and hold harmless COMPANY from any claims resulting from the use of the service that damages the subscriber or any other party.
COMPANY will be the sole arbiter as to what constitutes a violation of this provision.
Adult Content
Due to special system and network requirements of adult oriented sites, pornography and sex-related merchandising are prohibited. This includes sites that may infer sexual content, or links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.
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 email or a newsgroup posting.
Server Resource
Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra (which depends on the resource needed) or reducing the resource used to an acceptable level. COMPANY shall be the sole arbiter of what is considered to be a high server usage level.
CGI/PHP/ASP Scripts
CGI script sharing with domains not hosted by COMPANY.com is not allowed. Any CGI-scripts deemed to be adversely affecting the server performance or the network integrity will be shut down without prior notice.
Chat Rooms
COMPANY does not allow clients to install their own chat rooms. Chat rooms tend to be large system hogs and we cannot permit it as an account option.
Background Running Programs and Cron Jobs
COMPANY does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation.
IRC
COMPANY does not allow IRC or IRC bots to be operated on our servers.
Peer-To-Peer Applications & Repositories
COMPANY does not permit the use of websites or services for the purpose of running peer-to-peer file sharing applications or repositories. Any website found doing so will be immediately suspended and /or terminated without notice or refund.
Backups
COMPANY performs daily backups on all servers to ensure critical files are never lost. However COMPANY is NOT responsible for lost data, time, income or any other resource due to faulty backups or non-existent backups. Any website requesting restore from network backups will be charged a $200 restore fee, payable in advance, and allow 24 hours for the restore to occur after payment is received.
Client Responsibility
The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages).
Use of COMPANY's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered:
- Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc.
- FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability.
- CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
- Mail: a use of mail clients to receive and send mail, etc.
The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of COMPANY to provide this knowledge or support outside matter specific to COMPANY servers.
UCE (Unsolicited Commerce Email) - SPAM
Spamming, or the sending of mass unsolicited email, from or through a COMPANY server or using an email address that is maintained on a COMPANY machine is STRICTLY prohibited. COMPANY will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP or IPP, but channeling activities through a COMPANY server as a mail drop for responses, you are in violation. Violators will be assessed a minimum of $2,500.00 fine and will face an immediate suspension.
Server abuse
Any attempts to undermine or cause harm to a COMPANY server or customer of COMPANY is strictly prohibited.
Any sub-networks of COMPANY and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.
Software Distribution
COMPANY.com's Web Hosting/Reseller accounts are not to be used for the
purposes of distributing software and multimedia products. If you wish to
distribute software and/or multimedia files, please contact sales@highway54.com
for special arrangement.
Multimedia Files
Multimedia files are defined as any graphics, audio, and video files. COMPANY.com
Web Hosting accounts are not to be used for the purposes of distributing and
storing unusual amount of multimedia files. Any Web site whose disk space
usage for storing the multimedia files exceed 70% of its total usage, either in
terms of total size or number of files, will be deemed to be using unusual
amount of multimedia files.
Database
Any database stored on COMPANY servers shall be limited in size to 20% of the
total disk space allotted for a particular domain.
Actions Taken by COMPANY
The failure by a customer to meet or follow any of the above policies/terms
is grounds for account deactivation. COMPANY will be the sole arbiter as to what
constitutes a violation of the AUP. COMPANY reserves the right to remove any
account without prior notice.
When COMPANY becomes aware of an alleged violation of its AUP, COMPANY will
initiate an investigation. During the investigation, COMPANY may restrict a
customer's access in order to prevent further potentially unauthorized activity.
Depending on the severity of the violation, COMPANY 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, COMPANY will
notify the appropriate law enforcement authorities of such violation.
COMPANY does not issue credits for outages incurred through service
disablement resulting from AUP violations.
COMPANY customers agree to indemnify and hold harmless COMPANY from any
claims resulting from the use of our services that damages them or any other
party. The COMPANY 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. COMPANY expressly disclaims any representation or warranty
that the COMPANY service will be error-free, secure or uninterrupted. No oral
advice or written information given by COMPANY, its employees, licensors or the
like, will create a warranty; nor may you rely on any such information or
advice. COMPANY 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.
Modification
COMPANY reserves the right to add, delete, or modify any provision of this
Policy at any time without notice.
Refusal Of Service
We reserve the right to refuse, cancel, or suspend service at our sole
discretion.
Jurisdiction
The jurisdiction for these terms of service shall be ONLY:
- Country: United States of America
- State: North Carolina
- County: Randolph County
- Court: Circuit Court or County Court for Randolph County, North Carolina
