Policies
ACCOUNTS CAN BE REFUSED AND/OR DISCONTINUED, FOR ANY REASON, AT CAWebSolutions.com's DISCRETION. This is a very careful and secure company and WE WILL check your customer input to confirm your information. Any irregularities will be cause for refusal. We do not have instant activation for this reason. but we do have HIGHLY satisfied customers on a clean service!
- No IRC's, pornography or blatantly offensive material. Period. No Exceptions at any time for any reason. Customers who LOAD (Proof of use or public display NOT required) these programs or materials on the server will be billed to the full extent of the GTB and further pursued to THE FULLEST EXTENT of the LAW, including but not limited to lawsuits against the individuals responsible.
- No Spamming from the site. Accounts that use our servers for spamming will be terminated and billed for all time and expenses incurred ! Spammers, or attempted spammers (THE LOADING of programs on the server with THE INTENT to use the server to SPAM) will be billed to the full extent of the GTB and further pursued to THE FULLEST EXTENT of the LAW, including but not limited to lawsuits against the individuals responsible.
- Accounts will be billed in advance for the term chosen at sign up. All accounts will be billed automatically for the then current rate for another term of customers chosen length. This automatic billing will continue until the customers notifies us to cancel. Refunds will be granted in whole unused months only. Any free months that may have been awarded through pre-pay incentives are void, if the customer cancels their contract before the requested term has expired.
Guarantee's and Payments
- Uptime Guarantee -- If your site becomes unavailable due to network outages for more than 0.01% of a whole month, we will refund that months charge to you, upon request.
- Cancellation Policy -- We offer a 30 day money back guarantee for cause on all hosting and ISP plans . Cause is any demonstrated failure on our part to deliver services purchased. Simply put, we do not want a 30 day money back offer to turn into a spammers delight as "first 30 days free". We used to offer the first 30 days free and became the target of a great deal of spammers...So. If you can provide us with a reason that we failed to provide the services you purchased from us we will be more than happy to give you a refund. DOMAIN NAME REGISTRATION FEE'S ARE NOT REFUNDABLE UNDER ANY CIRCUMSTANCES
- Payments -- We accept payment for our services on a month to month basis via Visa or Mastercard ONLY. If you wish to pay by check, money order, or PayPal you must pay in 6 or 12 month increments.
- Late Payments -- If an account becomes overdue for any reason for 7 days, the services to the account will be suspended. If any account is overdue for 30 or more, then the account, and all information within the account, will be permanantly erased from our systems.
Full Terms of Service
CAWebSolutions.com has a commitment to ensure the reliability of every website we host. Therefor we must create and enforce some guidelines in order to protect the websites we host. Below is an explanation of our Terms of Service ("TOS"). All accounts are required to agree to the TOS prior to activating an account with us.
Site Content
- Adult Content -- CAWebSolutions.com is not in the business of censorship, but our policy regarding adult sites is based on the content of the site, not by any prudish desire to keep the internet G-rated. Sites that portray violence against any race or gender will not be allowed. Feel free to contact us with your sites URL (service@CAWebSolutions.com) if you are unsure whether your site violates this policy. We reserve the right to refuse or cancel service to sites of this nature. Since it is also common that adult sites will be involved in spamming to generate traffic, please review our spamming policy below. It is quite severe and will be enforced without exception or limits.
- Illegal Content -- files that violate copyright or other federal laws are grounds for instant termination of service. This expressly includes: Copyrighted Software, Copyrighted Media, Proprietary Computer information, etc. We will not host any copyrighted file unless you are the copyright owner, or have express written permission from the copyright owner to host the copyright work on your website.
Abuse and Illegal Activities
- Any incident of server abuse is grounds for immediate and unconditional account termination. Common examples of abusive practices are listed below and CAWebSolutions.com reserves the right of interpretation as to what constitutes abusive practices. In short - if you are unsure that your actions may be perceived as an abuse of service, contact CAWebSolutions.com directly to check with us before proceeding.
- Ignorance of the consequences of your actions will not protect you from liability.
- CAWebSolutions.com will charge a $200.00 site clean-up fee for any abuse of the terms listed below PLUS, ALL TIME AND RESOURCES TO TRACK AND TRACE ABUSE WILL BE BILLED AT CAWebSolutions.com'S $40.00 PER HOUR RATE x3 (TRIPLE DAMAGES).
Example of, but not limited to, are:
- Email abuse -- Unsolicited Commercial Email ['Spam'] is implicitly forbidden. UCE costs us time and money, and using our equipment in this way will be treated like it is - illegal theft of service. In many states, sending spam to people without their permission is a felony punishable by law now.
- Trafficking of illegal content -- in the same way that storing illegal content on your account is banned, likewise is the utilization of your account to traffic illegal content, by any means or method, it must not reside on nor pass through a CAWebSolutions.com server.
- IRC Sessions -- Using CAWebSolutions.com's servers to run an Internet Relay Chat [IRC] session is grounds for immediate termination. This includes the use of BNC and other redirection servers to indicate a source address on any CAWebSolutions.com server. Running IRC from our servers makes them targets for attack. Bluntly put, you are not paying us enough to act as a human shield for your IRC wars. Don't run IRC sessions, IRC bots, IRC servers or IRC proxies. We will give no warning before terminating this activity and the account responsible.
- Hacking / Denial of Service -- Network activity that constitutes an attack on any internet host from a CAWebSolutions.com server is grounds for immediate termination of likely prosecution. In short - don't do it, because we wont stand by and watch it happen.
Site Backups
While we maintain regular backups of user data, in preparation for the inevitable event of hardware failure, we have some specific rules regarding the purpose and use of these backups: as a rule of thumb - CAWebSolutions.com is not a paid online backup service. There are actual online services out there, that will guarantee the integrity of your data on their repository. It is not recommended that you use your CAWebSolutions.com account as a backup service for your data. We provide web-serving services - your disk space quota is there for files to be served up as a website, it is not intended as a permanent repository for such data. This policy manifests itself in the following example scenarios:
- No restoration of files deleted by users -- This policy is, admittedly, draconian at first impression. The reality of the matter is that we cannot provide restoration of files specifically deleted by users, accidentally or otherwise. The reasoning behind this is founded in the time involved in restoring single files from tape archives - backup tape is slow, and the time involved in restoring a single file can run into hours. During this time, no updating of archives can occur - this ages the data on tape in relation to the current information stored on the servers, placing much more information at risk of permanent loss.
- Backups for rapid restoration only -- the backup operates with the goal of rapid server restoration in the event of hardware failure, and the retention of dynamic data [e.g SQL databases]in the face of such events. What this means to you directly is always keep your own copy of your website - the service we provide is to serve web pages, and not to act as backup server for your data. The backup system operates to maximize site availability in the face of catastrophe...
User Processes
- Excessive resource usage -- cgi scripts or other executable code that consumes an undue amount of CPU time [more than 10 minutes per hour of CPU time] will be reprioritized if possible, or we will ask you to discontinue its use either permanently or the script is altered by yourself or third party to operate in a less resource-hungry manner. Failure to cease operator of the offending executable will be considered as server abuse.
- Background Processes -- background process [that is, application or utilities that are started from within an interactive shell login, and se to run permanently in the background on a server] are not to be initiated without prior arrangement with use. Generally, we accept background processes, so long as they do not openly break one of our other policies - we do however reserve our right to examine all code before it runs on our hardware.
- Compiling -- User rights to access compiler software is available upon request and arrangement. Once again, we choose to examine any code that is compiled and executed from our hardware. If you need access to the CP compiler, please contact us describing your need for access.
Cancellations
CAWebSolutions.com reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by CAWebSolutions.com if CAWebSolutions.com institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space, spamming, etc...)
All of our services are backed by a "for-cause" 30 day money back guarantee. If you can show us that we have failed to provide the services promised to you within 30 days of any payment on your account, we will refund that payment to you. No refund is available after the 30th day. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, etc. Due to security concerns, all account cancellations must be do via service@CAWebSolutions.com, and must include your primary account domain name and your current account password. If you are unsure about your password, please contact us to have it reset, which will require additional verification. This policy does not apply to additional services, such as overages, additional disk space, private IPs, etc.
Lawful Purpose
CAWebSolutions.com reserves the right to refuse service to anyone. Customers may only use CAWebSolutions.com server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of CAWebSolutions.com management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in Allegheny county, Pennsylvania, and any dispute will be litigated or arbitrated in Allegheny County, Pennsylvania.
Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD CAWebSolutions.com HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST CAWebSolutions.com, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS CAWebSolutions.com AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH A CAWebSolutions.com SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM A CAWebSolutions.com SERVER.
Disclaimer
CAWebSolutions.com WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. CAWebSolutions.com MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. CAWebSolutions.com DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY CAWebSolutions.com AND ITS EMPLOYEES. CAWebSolutions.com RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
ALL RESELLERS AND THEIR ACCOUNTS MUST ADHERE TO THE ABOVE POLICIES.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION. IF YOUR ACCOUNT IS TERMINATED DUE TO VIOLATION OF THE TERMS OF SERVICE OR GENERAL TERMS OF BUSINESS, YOUR ACCOUNT IS INELIGIBLE FOR ANY REFUNDS FOR UNUSED SERVICE.
Intellectual Property Rights
Material accessible to you through CAWebSolutions.com services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use CAWebSolutions.com or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the CAWebSolutions.com network. If you use a domain name in connection with CAWebSolutions.com or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Network Security
Customers may not use the CAWebSolutions.com network with an 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 the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. CAWebSolutions.com 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. Users who violate system or network security may incur criminal or civil liability. |