YOUR LIABILITY FOR CONTENT & CONDUCT (ABUSE POLICY):
You are responsible for any content that you publish or transmit on or through the Service.
You will not use the Service to distribute, link to, or request content that: (1) is unlawful, harmful to minors, vulgar, harassing, abusive, defamatory, threatening, gratuitously violent, pornographic, obscene, libellous, invasive of another's privacy, or racially, ethnically or otherwise offensive; (2) includes personally identifiable information about children; (3) infringes someone else's intellectual property or other rights; (4) advocates or solicits violence or other criminal conduct; (5) violates any contract, regulation, or law; (6) promotes participation in pyramid or multi-level marketing initiatives; (7) constitutes illegal gambling; (8) specifically advertises pornography or any product or service that is illegal in Nevada or the domicile of either the distributor or recipient; (9) contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment; (10) executes mass mailings, SPAM, or unsolicited e-mail.
You will obey all applicable laws and regulations regarding online conduct and content. Except as we specifically authorise, you will not copy, distribute, or commercially exploit any part of the service.
You will not install ANY of the following on your account: IRC Egg Drops & Related Programs, The Anonymizer UltimateBBS/UBBS (all versions); Ikonboard (all versions); YaBB & YaBB SE (all versions); Shell, SSH, Telnet Scripts and all alternatives; Proxy Servers / Proxy Scripts; Soap Mailers; Any chat scripts formmail.pl, formmail.php, formmail.cgi OR alternative names for the same script; any script using large flat file databases. These scripts can cause serious performance and security risks. Any account with these scripts on will be subject to immediate suspension. Repeated offences are liable to account termination without refund.
ANTI-SPAM AND BULK EMAIL POLICY:
Client understands that unsolicited mass e-mailing (also called SPAM, unsolicited bulk e-mail, and unsolicited commercial e-mail) or the use of automated scripts to post comments or links to multiple, non-client-owned blogs, forums, guestbooks, Internet messengers, phones or other Internet-connected media, is absolutely forbidden. Client agrees to pay for any fees or damage in result of UBE or UCE (SPAM) within their account. We reserve the right to suspend or cancel any or all accounts without notice, due to violation of this policy.
The Service you are receiving may include the ability to send and receive electronic mail. Use of your electronic mail account to send unsolicited commercial messages is prohibited. Mass electronic messages or "mail-bombing" (sending mass unsolicited mail or deliberately sending very large attachments to one recipient) are prohibited. Forging electronic mail headers (addresses) is also prohibited regardless of commercial content. Use of electronic mail to harass or intimidate other users is prohibited.
Spamming, sending unsolicited commercial e-mail messages or unsolicited bulk messaging to advertise, offer, sell, or buy any goods or services, for any business or individual, is strictly prohibited (this includes opt-out e-mail). In response to a complaint, Amber4 Designs has the discretion to determine, from all of the evidence it receives, whether the intended recipients were from an "opt-in" e-mail list.
ACCURATE INFORMATION:
You will submit accurate and current information on all registration forms on the Service. You will not impersonate any person or entity, misrepresent your affiliation with a person or entity; or misrepresent the origin of any materials distributed through the Service.
DESIGNS & CONCEPTS:
Reselling or redistributing designs or concepts made by us is absolutely forbidden unless written permission is given to client. Client may not claim our services as their own.
SERVER ABUSE & CPU USAGE:
Any attempts to undermine or cause harm to a server is strictly prohibited and will result in account suspension or termination without refunds.
Accounts that exceed 10.00% of CPU (server memory) usage for periods exceeding three minutes may be subject to a temporary cap which will limit server resources coming from the account, and/or be asked to upgrade to a higher-performance account.
If an account causes excessive server loading due to CPU and/or memory utilization on a shared server, and this load is deemed by technical support staff to be at risk of crashing or hanging the server, the account may be suspended temporarily, or have programs disabled/removed, in order to prevent and/or stop the excessive load. This action may be taken without notice to the customer.
BANDWIDTH OVERAGE:
Usage that exceeds original plan allotment (without upgrading prior to exceeding the allotted amount) may be subject to $12.00 per 1 GIG of bandwidth (each month). This does not apply to anyone whom adds additional bandwidth before exceeding their allotment.
DISK SPACE OVERAGE:
Usage that exceeds original plan allotment (without upgrading prior to exceeding the allotted amount) is subject to $0.50 per 1 MB of disk space (one time fee). This does not apply to anyone whom adds additional disk space before exceeding their allotment.
SERVER DATA STORAGE & BACKUPS:
Client is aware that it is their responsibility to frequently backup any information that they host on our servers. We are not responsible for any files, scripts, coding, or data that may be lost, corrupted or abused in a server-related issue. Amber4 Designs is not responsible for recovering any damaged or lost files. Regardless of the plan and options purchased, Amber4's backups are offered as a convenience only, and Amber4 Designs does not guarantee the existence, accuracy, or regularity of backup services and, therefore, Client is responsible for making back-up files in connection with their use of the Services. Client is solely responsible for independent backup AND SAFEKEEPING of ANY CLIENT data stored on AMBER4 DESIGNS and partner RESOURCES.
UPTIME GUARANTEE:
If server uptime falls below 99.0% for a given calendar month, clients can apply for credit accordingly by e-mailing us. Downtime will be excused if it is the result of: (1) an ISP, network or other routing issue; (2) suspension of an account per our TOS; (3) Denial of Service (DOS) attack; (4) restoring a backup or moving an account; (5) client or third party's (intruder/cracker's) fault.
Credits shall be applied only as additional service time. Our uptime guarantee does not extend any further than the preceding and clients may be required to provide third-party proof of downtime.
SUPPORT
Servers are monitored and maintained 24/7 in accordance to third-party guarantees. There may be times, however, e.g. due to technical system problems, network problems or staff illness, when this maintenance is temporarily unavailable. In these cases, Amber4 Designs will work to restore 24/7 monitoring and maintenance as soon as reasonably possible.
You shall be solely responsible for providing, updating, uploading and maintaining your website and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through Your web site, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. Your web site content shall also include any registered domain names provided by you or registered on behalf of you in connection with the Web Hosting services.
Amber4 Designs is not responsible for correcting system software and/or server faults caused by your website or software installations (including, but not limited to, incompatible upgrades), but may offer to correct these faults at current labour rates.
CANCELLATION:
We reserve the right to cancel service at our sole discretion with 30 days prior notice. Similarly, Amber4 Designs requires a minimum of 30 days written notice of cancellation.
PAYMENT:
All clients are expected to pay their invoices promptly. If payment is not received within 30 days of the renewal date, your account may be temporarily suspended or cancelled until payment is received.
DISCLAIMER OF WARRANTY:
The Internet is a complex network of services, equipment, and providers of information, thus the Service may not be available to you at all times. Amber4 Designs will pursue all resources and channels available to maintain availability to you, however, Amber4 Designs is not responsible for any interruption in service or down time that may occur, whether or not due to the act or negligence of Amber4 Designs. If you are not satisfied with such occurrence of interruption or down time, your only recourse is to relocate your domain(s) and/or hosting to another provider.
Amber4 designs makes no express or implied warranties (including but not limited to warranties of non-infringement, merchantability or fitness for a particular use) with respect to the services it provides. Neither Amber4 Designs nor any one else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use or non-availability of services provided herein, whether or not such damages resulted from the negligence of Amber4 Designs, even if Amber4 Designs has been advised to the possibility of such damages.
PRIVACY POLICY:
Amber4 Designs insures that all personal information being voluntarily submitted to us in the processing of your order (to be used for record and billing purposes, etc.), inclusive, but not limited to, credit card and other personal information, will be kept strictly confidential and used "solely" by us, our authorised representatives and employees; for the strict purpose for which it was intended, and for the benefit of the Subscriber. We agree not to share, rent, sell or release this information to any individual, entity or third party, for any reason, without the specific written consent of the Subscriber; with exception as required by Law, Regulation or Governmental Authority.
Amber4 Designs is committed to protecting and securing all Subscriber provided information, through the use of firewalls, encryption and additional security measures in place at its physical facilities to protect against the loss, misuse or alteration of such information.
Unless the client otherwise specifies in advance, we reserve the right to display examples of work done for our clients throughout our website and print advertisements, and may use testimonials received in Amber4 Designs’ promotional campaigns.
WEBSITE DESIGN:
We reserve the right to credit ourselves in small-print on any, or all of the web pages we make for you as part of our web design service. This may also include stating that you are hosted with us, if that is the case.
Last Updated: 18/10/06