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Chattanooga
Online is dedicated to providing a 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 while 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. Chattanoonga Online 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
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Illegal Usage
- Chattanooga Online's 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, Hacker programs
or archives, Warez sites, Non-Original MP3s, IRC bots and/or spam
scripts.
The subscriber to Chattanooga Online's services
agrees to indemnify and hold harmless Chattanooga Online from any
claims resulting from the use of the service that damages the
subscriber or any other party.
Chattanooga Online 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. Chattanooga Online 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 Chattanooga Online 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.
Background Running Programs and Cron Jobs - Chattanooga
Online does not allow background Daemons such as IRC bots; eggdrop;
BitchX; XiRCON; and any other program that interfere with normal server
operation.
IRC - Chattanooga Online does not allow IRC or IRC bots to be operated on our servers without special permission.
Backups
- Chattanooga Online performs daily backups on our servers to ensure
critical files are never lost. However Chattanooga Online is NOT
responsible for lost data, time, income or any other resource due to
faulty backups or nonexistent backups. If you have a co-located server,
you are responsible for your own backups. Personal web site backups are
not backed up and are the responsibility of the individual account owners.
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 Chattanooga Online'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. Client agrees that it is not the responsibility of Chattanooga
Online to provide this knowledge or support outside matters specific to
Chattanooga Online servers. If your account includes web design, dial
up or other customized needs, please refer to your account
documentation for your support options or email
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. If clients account is determined to be the cause of larger problems account will be suspended and Chattanooga will make a reasonable attempt to contact client via phone record on file to let them know their account has been suspended. Chattanooga Online is not responsible for being unable to contact the customers in a timely manner due to incorrect phone number information of lack of voicemail when call is placed.
UCE (Unsolicited Commerce Email) - SPAM - Spamming,
or the sending of mass unsolicited email, from or through a Chattanooga
Online server or using an email address that is maintained on a
Chattanooga Online machine is STRICTLY prohibited. Chattanooga Online
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
Chattanooga Online server as a maildrop for responses, you are in
violation. Violators will be assessed a minimum of $200.00 fine,
incremental repair billing at $200.00 per hour and will face an
immediate suspension.
Server abuse - Any attempts to
undermine or cause harm to a Chattanooga Online server or customer of
Chattanooga Online is strictly prohibited. Any sub-networks of
Chattanooga Online 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 - Chattanooga
Online's shared Web Hosting 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 us for special arrangement or purchase a web hosting account.
Actions Taken by Chattanooga Online - The
failure by a customer to meet or follow any of the above policies/terms
is grounds for account deactivation. Chattanooga Online will be the
sole arbiter as to what constitutes a violation of the AUP. Chattanooga
Online reserves the right to remove any account without prior notice.
When
Chattanooga Online becomes aware of an alleged violation of its AUP,
Chattanooga Online will initiate an investigation. During the
investigation, Chattanooga Online may restrict a customer's access in
order to prevent further potentially unauthorized activity. Depending
on the severity of the violation, Chattanooga Online 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, Chattanooga Online will notify the appropriate law
enforcement authorities of such violation.
If clients account is determined to be the cause of larger problems
account will be suspended and Chattanooga will make a reasonable
attempt to contact client via phone record on file to let them know
their account has been suspended. Chattanooga Online is not responsible
for being unable to contact the customers in a timely manner due to
incorrect phone number information of lack of voicemail when call is
placed.
Chattanooga Online does not issue credits for outages incurred through service disablement resulting from AUP violations.
Chattanooga
Online customers agree to indemnify and hold harmless Chattanooga
Online from any claims resulting from the use of our services that
damages them or any other party. The Chattanooga Online 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. Chattanooga Online expressly disclaims any
representation or warranty that the Chattanooga Online service will be
error-free, secure or uninterrupted. No oral advice or written
information given by Chattanooga Online, its employees, licensors or
the like, will create a warranty; nor may you rely on any such
information or advice. Chattanooga Online 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
Chattanooga Online 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.
Cancellation Procedure
In order to cancel your service you must complete a Service Cancellation Form. Please contact Chattanooga Online's accounting department to receive a copy of this form.
Domain Name Registration
Please review our Master Contract: Exhibit A as well as the ICANN Policy for information related to all domain name purchases through our site.
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