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Acceptable Usage Policy
(last updated: September 2003)

 

Section 1: Agreement To Rules
By submitting an order form for any web site, e-mail account, domain hosting, database hosting or dedicated server hosting services with 11th Hour Networks, Inc., the client agrees to all rules, regulations, and statements made in this Usage Agreement along with their consequences.

Section 2: Client Responsibility
The client alone is responsible for the content of their web site and e-mail messages.

Section 3: Unsolicited E-Mail
No unsolicited e-mailing practices shall be tolerated. This is to include any practices ascribed to the client, which may or may not involve a 11th Hour Networks, Inc. web site hosting, e-mail account, domain hosting account, database account or dedicated server. This is to include any mass unsolicited e-mailing through the e-mail server of 11th Hour Networks, Inc. or any customer's dedicated server or e-mail account. Upon reviewing any reports received by 11th Hour Networks, Inc. regarding the client's unsolicited e-mailing practices, 11th Hour Networks, Inc. reserves the right to terminate the client's web site hosting, e-mail account, domain hosting account, database hosting account and/or dedicated server within 24 hours of notification of the client without refund of web site hosting, e-mail account or dedicated server fees which the client may have paid in advance.

Section 4: Illegal Materials
No use of a client's 11th Hour Networks, Inc. web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server to promote, sell, trade, or give away the use of the following materials or information shall be tolerated: illegal material or information, stolen material or information, violation of trademarks, pirated material or information. Upon reviewing any reports received by 11th Hour Networks, Inc. regarding the client's use of their 11th Hour Networks, Inc. web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server accounts in any of the above practices regarding the addressed (above) material or information, 11th Hour Networks, Inc. reserves the right to terminate the client's web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server account within 24 hours of notification of the client without refund of web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server account fees which the client may have paid in advance.

Section 5: Explicit Content
No use of a client's 11th Hour Networks, Inc. web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server account to promote material of a sexually explicit or illegal nature shall be tolerated. Let it be known that offensive material falling under the category of "sexually explicit or illegal nature" shall include, but not be limited to the following: any nude pictures of a human being used to exploit, advertise, or sell any product or service; any sort of child pornography, or attempt to display a child in a sexually suggestive manner; any written material describing and/or promoting any sexually explicit, harsh, or abusive acts; any written material which is excessively profane and sexually explicit. Let it be known that at any time 11th Hour Networks, Inc. reserves the right to judge any material that it deems of an inappropriate adult or sexual nature intolerable for a 11th Hour Networks, Inc. web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server account, thus causing said material to be included under this category of "sexually explicit or illegal nature". Upon reviewing any reports received by 11th Hour Networks, Inc. regarding the client's use of their 11th Hour Networks, Inc. web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server accounts in any of the above practices regarding the addressed material of a "sexually explicit or illegal nature", 11th Hour Networks, Inc. reserves the right to terminate the client's web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server account within 24 hours of notification of the client without refund of web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server account fees which the client may have paid in advance.

Section 6: Racial/Religious Content
No use of a client's 11th Hour Networks, Inc. web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server account to promote unlawful discrimination against or hatred of any particular race, any particular nationality, or any particular religion shall not be tolerated. Let it be known that at any time 11th Hour Networks, Inc. reserves the right to judge any material to fall into the above categories, making it unacceptable for a client's 11th Hour Networks, Inc. web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server account. Upon reviewing any reports received by 11th Hour Networks, Inc. regarding the client's use of their 11th Hour Networks, Inc. web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server accounts in any of the above practices of promoting unlawful discrimination or hatred of any particular race - any particular nationality - or any particular religion, 11th Hour Networks, Inc. reserves the right to terminate the client's web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server account within 24 hours of notification of the client without refund of web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server account fees which the client may have paid in advance.

Section 7: Excessive Traffic
11th Hour Networks does not permit sites where 20% or more of the monthly traffic is from file downloads, or sites that use more than 10% of system resources, or sites which in 11th Hour Networks' view are detrimental to the enjoyment of 11th Hour Networks services by 11th Hour Networks' other clients, or are in the sole and final judgment of the Host, detrimental to network or business operations, or exceed the account's designated monthly allowed bandwidth usage. File download and system resource restrictions do not apply to dedicated servers; however, those servers that exceed their specified monthly traffic and bandwidth limits are subject to an extra monthly fee of $2 per each gigabyte of traffic exceeding their monthly limits and/or restrictions placed on their account by 11th Hour Networks, at the sole discretion of 11th Hour Networks.

Section 8: Illegal Account Usage
No use of a client's 11th Hour Networks, Inc. web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server account shall be used for illegal activities, such as, but not limited to: denial of service attacks, port scanning, flooding of services on other servers, and flooding of services on 11th Hour Networks servers. Other attacks not mentioned are also not tolerated, to be decided at the discretion of 11th Hour Networks personnel. 11th Hour Networks, Inc. reserves the right to immediately deactivate the client's web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server account without refund of web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server account fees which the client may have paid in advance.

Section 9: Final Decision
11th Hour Networks will be the sole and final arbiter as to website accounts, e-mail accounts, domain hosting accounts, database hosting accounts, dedicated server accounts or usages of resources that constitute violation or intent to violate our policies. Those users found in violation of these policies are subject to removal for any instance of violation. Accounts which 11th Hour Networks must suspend or cancel due to violation of these rules are not eligible to receive a refund under our 30 money back guarantee. Acceptance of these Policies constitutes an acceptance of any fines or penalties which might arise out of violation of these policies.

Section 10: Rule Compliance
Users with website accounts, e-mail accounts, domain hosting accounts, database hosting accounts, dedicated server accounts that do not comply with these simple rules, or who seek to take advantage of our unlimited traffic plan in any other way, will, at the discretion of 11th Hour Networks, have their sites canceled and/or removed from the servers and penalty fees assessed at the discretion of 11th Hour Networks.

Section 11: Right To Judgment
11th Hour Networks reserves the right to make the judgment call on behalf our other 11th Hour Networks clients who expect us to maintain our servers at maximum efficiency. We believe this is common sense. If you have any questions about it, please contact us.