RegisterSX.com Cloud Web Hosting - TERMS OF SERVICE
Between RegisterSX.com ("We" or "RegisterSX") and the customer who orders RegisterSX Cloud Web Hosting services ("you" or "Customer").
This policy represents the RegisterSX Terms of Service ("TOS") in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all customers agree to when they sign-up for hosting services with RegisterSX.
RegisterSX reserves the exclusive right to revise, change or amend any portion of this Policy at any time, without advance notification to customers.
Customers using any services offered by RegisterSX consent to be bound by and must comply with all policies in this TOS. At the sole discretion of RegisterSX. Any violators of this TOS may have their services cancelled without refund and/or,
if deemed appropriate, be legally prosecuted .
1. General Provisions.
Some words used in the Agreement have particular meanings:
"Acceptable Use Policy"
means the RegisterSX’s Cloud Web Hosting Provider’s Acceptable Use Policy posted at http://www.RegisterSX.com/Cloud-Web-Hosting-Terms.aspx as of the date you sign the Order, as it may be amended pursuant to Section 19 below.
means 8:30 a.m. – 6:00 p.m. Monday through Friday, United States eastern time, excluding federal public holidays in the United States.
means all information disclosed by one of us to the other, whether before or after the effective date of the Agreement, that the recipient should reasonably understand to be confidential, including: (i) for you, all information transmitted to or from, or stored on, the RegisterSX’s Cloud Web Hosting Provider’s cloud system, (ii) for RegisterSX, unpublished prices and other terms of service, audit and security reports, product development plans, data center designs (including non-graphic information you may observe on a tour of a data center), server configuration designs, and other proprietary information or technology, and (iii) for both of us, information that is marked or otherwise conspicuously designated as confidential. Information that is developed by one of us on our own, without reference to the other's Confidential Information, or that becomes available to one of us other than through violation of the Agreement or applicable law, shall not be "Confidential Information" of the other party.
means email that is captured by our mail filter and other email that is reported by you to RegisterSX as undesirable.
means either: (i) the online order that you submit to RegisterSX via the RegisterSX website, or (ii) any other written order (either in electronic or paper form) provided to you by RegisterSX for signature that describes the Services you are purchasing, and that is signed by you, either manually or electronically.
means those services described in the Order.
2. RegisterSX’S OBLIGATIONS.
Contingent on RegisterSX’s acceptance of your Order, and subject to these Terms of Service, RegisterSX agrees to provide the Services. RegisterSX agrees to follow security procedures at least as stringent, in RegisterSX’s reasonable judgment
2.1 RegisterSX Cloud Web Hosting Managed Service Level.
RegisterSX support will be available to you 24 hours per day, 7 days a week, year round. You may request support by sending an email or by calling your RegisterSX support team.
3. YOUR OBLIGATIONS.
You agree to do each of the following: (i) comply with applicable law and the RegisterSX Cloud Web Hosting Provider’s Acceptable Use Policy (ii) pay when due the fees for the Services, (iii) use reasonable security precautions in light of your use of the Services, (iv) cooperate with RegisterSX’s reasonable investigation of outages, security problems, and any suspected breach of the Agreement, (v) keep your billing contact and other account information up to date; and (vi) immediately notify RegisterSX of any unauthorized use of your account or any other breach of security. In the event of a dispute between us regarding the interpretation of applicable law or the AUP, RegisterSX’s reasonable determination shall control.
4. Disclaimer of Warranty
The Internet is a complex network of equipment, services and providers of information, thus the Service may not be available to you at all times. However, RegisterSX’s hosting provider offers a 99.9% uptime guarantee. This is valid for only the connection. RegisterSX’s hosting provider will pursue all resources and channels available to maintain maximum uptime, however, RegisterSX’s hosting provider is not responsible for any down time caused by client's error. RegisterSX’s hosting provider MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither RegisterSX’s hosting provider 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 of services provided herein, whether or not such damages resulted from the negligence of RegisterSX’s hosting provider, even if RegisterSX’s hosting provider has been advised to the possibility of such damages.
5. Services Provided by RegisterSX
RegisterSX’s will provide Internet server rental ("the Service") to its members for the express purpose of allowing customers to provide http Internet content to the general public.
The Service allows RegisterSX’s members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. RegisterSX’s
members will use the provided services in a manner consistent with any and all applicable laws of the Province of Ontario and the Canadian Federal Law. RegisterSX’s hosting provider provides the Services exclusively and makes no effort to edit,
control, monitor or restrict the content of data other than as necessary to provide such Services. RegisterSX’s hosting provider reserves the right to refuse customers from utilization of its services, without notification.
If any of the below activities are committed, RegisterSX’s and RegisterSX’s hosting provider can terminate client's account without notification.
Client agrees that webpages and files uploaded to servers will not violate any province, federal or foreign laws or regulations; infringe on any intellectual property rights of RegisterSX’s hosting provider or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to RegisterSX’s hosting provider or any third party. Customers may not run IRC, bots or clients. Unacceptable uses also include: Bulk unsolicited emailing, unsolicited emailings, newsgroup spamming, child porn or links to such sites, cgi/php proxy scripts, copyrighted MP3, storing personal backups and/or cPanel backup files, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers. RegisterSX’s hosting provider will be the sole and final arbiter as to what constitutes a violation of this policy. RegisterSX’s hosting provider does not normally monitor the contents of clients servers, however if suspicion occurs, RegisterSX’s hosting provider reserves the right to investigate and terminate the clients subscription to the service.
RegisterSX’s hosting provider offers a generous amount of data transfer per month. This rule only comes into play when you use excess server processing power that negatively impacts the performance of the server and provides a bad customer experience in that server community. Minimizing the impact on an individual server's processing power is key to the overall performance that server. In the vast majority of cases, if you use the web hosting service appropriately, visitors to your website will be able to view, download, and add as much content from your site as they wish. However, in certain circumstances, our server processing power, server memory, or anti-abuse controls could limit downloads or access from your site. Violators to the above rule will not be tolerated. You can upload all the content that you require each month subject to the rules as outlined above. Generally abuse is calculated when a user uses 100GB+ in a single month of bandwidth transfer.
Excessive Resource User Policy:
Resources are defined as bandwidth, memory and/or processor utilization. A website is considered using "Excessive amounts of resources" when it monopolies the resources available using 10% or more of system resources for longer than 60 seconds. There are numerous problems that could cause such problems, this includes but not limited to: cgi scripts, FTP, HTTP, etc. A site that consumes over the account limit of bandwidth is also considered "excessive resources". This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. The client whom is using "excessive resources" will be asked to upgrade his/her package to one of our semi-dedicated or dedicated server packages. RegisterSX’s hosting provider will be the sole and final arbiter as to what constitutes a violation of this policy. RegisterSX’s hosting provider does not suspend accounts utilizing their given space or bandwidth allotments. Suspensions will only occur if client violates above restrictions.
UCE/UBE or "Spam" originating from a server located on our network or associated with a RegisterSX’s hosting provider server is not tolerated. This includes any e-mail that promotes web sites hosted on a server located on the RegisterSX’s hosting provider network but is sent from an e-mail address not associated with that RegisterSX’s hosting provider account. Client shall not use their RegisterSX’s hosting provider services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. RegisterSX’s hosting provider reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. There will be a $200 clean up fee if an account was suspended for policy violation.
Client agrees not to post false or inaccurate information to news groups in violation of the news groups’ rules and regulations. If any news groups or service provider contact RegisterSX’s hosting provider concerning unethical, false or unlawful activities by you, RegisterSX’s hosting provider reserve the right to terminate your service without notice.
Licensed Software Only:
Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
RegisterSX’s hosting provider provides the tools needed to create back ups of account data. It is the responsibility of the customer to keep up-to-date archives of their backed up data. RegisterSX’s hosting provider currently does not utilize any back-up services and is not responsible for any lost data.
6. 99.9% Service Level Agreement “SLA”
RegisterSX’s hosting provider offers its clients a 99.9% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem free. RegisterSX’s hosting provider will try to maintain maximum uptime. RegisterSX’s hosting provider is not responsible for any downtime caused by the client. We experience 99.9% uptime on all servers and network equipment over a 12 month period. That 00.1% is equal to approximately 9 hours of downtime in a year, not even a full day.
7. SERVICE LEVEL AGREEMENT.
The Service Level Agreement(s) listed below are part of this Agreement for those Services you are buying:
Cloud Web Hosting Products SLA: http://www.RegisterSX.com/Cloud-Web-Hosting-Terms.aspx
The initial term for each Order begins on the date we make the Services available for your use and continues for the period stated in the Order. If no period is stated in the Order, then the initial term shall be one year. Upon expiration of the initial term, the Order will not automatically renew for successive renewal terms. RegisterSX will contact you 45 days before your term expires, and will send you the payment link & invoice for the service renewal.
RegisterSX will charge you the fees stated in your Order. RegisterSX may suspend all services (including services provided pursuant to any unrelated Order or other agreement we may have with you) if our charges to your credit card are rejected for any reason. RegisterSX may charge interest on overdue amounts at 1.5% per month (or the maximum legal rate if it is less than 1.5%). If any amount is overdue by more than thirty (30) days, and RegisterSX will cancel your account and remove all of your files and databases from the servers. Any "credit" that we may owe you, such as a credit for failure to meet a service level guaranty, will be applied to fees due from you for services, and will not be paid to you as a refund. You must provide RegisterSX with accurate factual information to help RegisterSX determine if any tax is due with respect to the provision of the Services, and if RegisterSX is required by law to collect taxes on the provision of the Services, you must pay RegisterSX the amount of the tax that is due or provide satisfactory evidence of your exemption from the tax. You authorize RegisterSX to obtain a credit report at any time during the term of the Agreement. Any credit that we may owe you, such as a credit for a SLA remedy, will be applied to unpaid fees for services or refunded to you, at our option.
We may suspend your Services without liability if: (i) we reasonably believe that the Services are being used (or have been or will be used) in violation of the Agreement, (ii) we discover that you are, or are affiliated in any manner with, a person who has used similar services abusively in the past; (iii) you don't cooperate with our reasonable investigation of any suspected violation of the Agreement; (iv) we reasonably believe that your Services have been accessed or manipulated by a third party without your consent, (v) we reasonably believe that suspension of the Services is necessary to protect our network or our other customers, (vi) a payment for the Services is overdue, or (vii) suspension is required by law. We will give you reasonable advance notice of a suspension under this paragraph and a chance to cure the grounds on which the suspension are based, unless we determine, in our reasonable commercial judgment, that a suspension on shorter or contemporaneous notice is necessary to protect RegisterSX or its other customers from imminent and significant operational or security risk. If the suspension was based on your breach of your obligations under the Agreement, then we may continue to charge you the fees for the Services during the suspension, and may charge you a reasonable reinstatement fee (not to exceed $150) upon reinstatement of the Services.
11. TERMINATION FOR CONVENIENCE; EARLY TERMINATION FEE.
You may terminate the Agreement for convenience at any time on thirty days advance written notice. If you terminate the Agreement for convenience, in addition to other amounts you may owe, there won’t be any refund for the remaining portion of the then-current term.
12. TERMINATION FOR BREACH.
We may terminate the Agreement for breach on written notice if: (i) we discover that the information you provided to us about yourself or your proposed use of the Services was materially inaccurate or incomplete, (ii) if you are an individual, you were not at least 18 years old or otherwise did not have the legal capacity to enter into the Agreement at the time you submitted the Order for Services, or if you are an entity or fiduciary, the individual submitting the Order for Services did not have the legal right or authority to enter into the Agreement on behalf of the person represented to be the customer, (iii) your payment of any invoiced amount is overdue, and you do not pay the overdue amount within three (3) days of our written notice, (iv) a credit report indicates you no longer meet our reasonable credit criteria, provided that if we terminate on these grounds, we must give you a reasonable opportunity to migrate your environment out of RegisterSX in an orderly fashion, (v) you use your Service in violation of the AUP and fail to remedy the violation within ten (10) days of our written notice, (vi) you violate the AUP more than once, even if you cure each violation, or (vii) you fail to comply with any other provision of the Agreement and do not remedy the failure within thirty (30) days of our notice to you describing the failure.
You may terminate the Agreement for breach on written notice if: (i) we materially fail to provide the Services as agreed and do not remedy that failure within five (5) days of your written notice describing the failure, or (ii) we materially fail to meet any other obligation stated in the Agreement and do not remedy that failure within thirty (30) days of your written notice describing the failure.
13. ACCESS TO DATA.
You will not have access to your data stored on the RegisterSX’s Cloud Web Hosting Provider’s Cloud system during a suspension or following termination.
You agree that you will maintain at least one additional current copy of your programs and data stored on the RegisterSX’s Cloud Web Hosting Provider’s Cloud system somewhere other than on the RegisterSX’s Cloud Web Hosting Provider’s Cloud system.
14. UNAUTHORIZED ACCESS TO YOUR DATA OR USE OF THE SERVICES.
RegisterSX is not responsible to you for unauthorized access to your data or the unauthorized use of the Services unless the unauthorized access or use results from RegisterSX’s Cloud Web Hosting Provider’s failure to meet its security obligations stated in the Agreement. You are responsible for the use of the Services by any employee of yours, any person to whom you have given access to the Services, and any person who gains access to your data or the Services as a result of your failure to use reasonable security precautions, even if such use was not authorized by you.
15. CONFIDENTIAL INFORMATION.
Each of us agrees not to use the other's Confidential Information except in connection with the performance or use of the Services, as applicable, the exercise of our respective legal rights under the Agreement, or as may be required by law. Each of us agrees not to disclose the other's Confidential Information to any third person except as follows:
- to our respective service providers, agents, and representatives, provided that such service providers, agents, or representatives agree to confidentiality measures that are at least as stringent as those stated in these General Terms and Conditions.
- to law enforcement or government agency if required by a subpoena or other compulsory legal process, or if either of us believes, in good faith, that the other's conduct may violate applicable criminal law as required by law; or
- in response to a subpoena or other compulsory legal process, provided that each of us agrees to give the other written notice of at least seven days prior to disclosing Confidential Information under this subsection (or prompt notice in advance of disclosure, if seven days advance notice is not reasonably feasible), unless the law forbids such notice.
16. LIMITATION ON DAMAGES.
Our obligations to you are defined by this Agreement. We are not liable to you for failing to provide the Services unless the failure results from a breach of this Agreement, or results from our gross negligence or willful misconduct. The dollar credits stated in the Service Level Agreement are your sole and exclusive remedy for unavailability of the Services.
Neither of us (nor any of our employees, agents, affiliates or suppliers) is liable to the other for any lost profits or any other indirect, special, incidental or consequential loss or damages of any kind, or for any loss that could have been avoided by the damaged party's use of reasonable diligence, even if the party responsible for the damages has been advised or should be aware of the possibility of such damages. In no event shall either of us be liable to the other for any punitive damages.
Notwithstanding anything in the Agreement to the contrary, except for liability based on willful misconduct or fraudulent misrepresentation, and liability for death or personal injury resulting from RegisterSX's negligence, the maximum aggregate monetary liability of RegisterSX and any of its employees, agents, suppliers, or affiliates in connection with the Services, the Agreement, and any act or omission related to the Services or Agreement, under any theory of law (including breach of contract, tort, strict liability, violation of law, and infringement) shall not exceed the greater of (i) the amount of fees you paid for the Services for the six months prior to the occurrence of the event giving rise to the claim, or (ii) Five Hundred Dollars ($500.00).
If we, our affiliates, or any of our or their respective employees, agents, or suppliers (the "RegisterSX Indemnitees
") are faced with a legal claim by a third party arising out of your actual or alleged gross negligence, willful misconduct, violation of law, failure to meet the security obligations required by the Agreement, violation of the AUP, or violation of Section 13 (Export Matters) of these Terms and Conditions, then you will pay the cost of defending the claim (including reasonable attorney fees) and any damages award, fine, or other amount that is imposed on the RegisterSX Indemnitees as a result of the claim. Your obligations under this subsection include claims arising out of the acts or omissions of your employees, any other person to whom you have given access to the Services, and any person who gains access to the Services as a result of your failure to use reasonable security precautions, even if the acts or omissions of such persons were not authorized by you. If you resell the Services, the grounds for indemnification stated above also include any claim brought by your customers or end users arising out of your resale of the Services. We will choose legal counsel to defend the claim, provided that these decisions must be reasonable and must be promptly communicated to you. You must comply with our reasonable requests for assistance and cooperation in the defense of the claim. We may not settle the claim without your consent, although such consent may not be unreasonably withheld. You must pay expenses due under this Section as we incur them.
18. CHANGES TO THE ACCEPTABLE USE POLICY.
We may change our Acceptable Use Policy, provided that any changes are reasonable and consistent with applicable law and industry norms. Any such changes made during the term of your Agreement will become effective to your account upon the first to occur of: (i) renewal, (ii) your execution of a new/additional Order for your account that incorporates the revised AUP or General Terms, or (iii) thirty (30) days following our notice to you describing the change. If the change materially and adversely affects you, you may terminate the Agreement by giving us written notice of termination on such grounds no later than thirty (30) days following the date the change became effective for your account, and we will not enforce the change with respect to that account for thirty (30) days following the date of your notice. If you terminate your Service because the change adversely affects you, we may decide not to enforce that change with respect to your account and keep your Agreement in place for the remainder of the term.
Your routine communications regarding the Services should be sent to your RegisterSX team using email address provided on the contact page. If you want to give us a notice regarding termination of the Agreement for breach, indemnification, or other non-routine legal matter, you should send it by electronic mail to:
RegisterSX’s routine communications regarding the Services and legal notices will be sent to the individual(s) you designate as your contact(s) on your account either by electronic mail, except that RegisterSX may give notice of an amendment to the AUP by posting the notice on your RegisterSX control panel. Notices are deemed received as of the time delivered, or if that time does not fall within a Business Day, as defined below, as of the beginning of the first Business Day following the time delivered, except that notices of AUP amendments are deemed delivered as of the first time that you log on to your RegisterSX control panel after the time that the notice is posted. For purposes of counting days for notice periods, the Business Day on which the notice is deemed received counts as the first day. Notices must be given in the English language.
20. NO HIGH RISK USE.
You may not use the Services in any situation where failure or fault of the Services could lead to death or serious bodily injury of any person, or to physical or environmental damage. For example, you may not use, or permit any other person to use, the Services in connection with aircraft or other modes of human mass transportation, nuclear or chemical facilities, or Class III medical devices under the Federal Food, Drug and Cosmetic Act.
21. OWNERSHIP OF INTELLECTUAL PROPERTY
Each of us retains all right, title and interest in and to our respective trade secrets, inventions, copyrights, and other intellectual property. Any intellectual property developed by RegisterSX’s Cloud Web Hosting Provider during the performance of the Services shall belong to RegisterSX’s Cloud Web Hosting Provider unless we have agreed with you in advance in writing that you shall have an interest in the intellectual property.
22. IP ADDRESSES.
Upon expiration or termination of the Agreement, you must discontinue use of the Services and relinquish use of the IP addresses and server names assigned to you by RegisterSX in connection with Services, including pointing the DNS for your domain name(s) away from RegisterSX Services. You agree that RegisterSX may, as it determines necessary, make modifications to DNS records and zones on RegisterSX managed or operated DNS servers and services.
You may not assign the Agreement without RegisterSX 's prior written consent. We may assign the Agreement in whole or in part as part of a corporate reorganization or a sale of our business, and we may transfer your Confidential Information as part of any such transaction. RegisterSX may use third party service providers to perform all or any part of the Services, but RegisterSX remains responsible to you under this Agreement for work performed by its third party service providers to the same extent as if RegisterSX performed the Services itself.
24. FORCE MAJEURE
Neither of us will be in violation of the Agreement if the failure to perform the obligation is due to an event beyond our control, such as significant failure of a part of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorism, or other events of a magnitude or type for which precautions are not generally taken in the industry.
25. MAIL SERVICES.
You may access you Mail Services over the web via our control panel. RegisterSX may modify its control panel or APIs at any time, or may transition to new APIs.
25.2 Management of the Service.
RegisterSX will provision your initial mail environment, but you are otherwise responsible for managing your mail service, including adding mailboxes, adding wireless or other service components, adding storage capacity, managing settings, and configuring spam filters.
RegisterSX will provide email filtering services designed to filter spam, phishing scams, and email infected with viruses. RegisterSX recommends that you employ additional security measures, such as a desktop virus scanner and firewall, on computers that are connected to the Internet. Email that is quarantined by the filtering system is excluded from the Service Level Guaranty above. RegisterSX will use commercially reasonable efforts to deliver your email messages. Third party filtering services may from time to time prevent successful delivery of your messages. You acknowledge that the technological limitations of the filtering service will likely result in the capture of some legitimate email and the failure to capture some unwanted email, including email infected with viruses. You hereby release RegisterSX and its employees, agents, affiliates, and third party suppliers from any liability for damages arising from the failure of RegisterSX's filtering services to capture unwanted email or from the capture of legitimate email, or from a failure of your email to reach its intended recipient as a result of a filtering service used by the recipient or the recipient's email service provider.
25.4 Memory Limitations.
Mail that exceeds the storage limit when received may be permanently lost. You may adjust the storage capacity of your individual mailboxes via the control panel, and it is your obligation to monitor and adjust the storage capacity of individual mailboxes as needed. An individual email message that exceeds the per-message size limit may also be permanently lost. As of November 2008, the per-message size limit is 50MB. The email storage limit your hosting service is 1 gigabytes. This storage is shared among all of your accounts created via the email control panel.
25.5 Content Privacy.
Your email messages and other items sent or received via the mail service will include: (i) the content of the communication ("content"), and (ii) certain information that is created by the systems and networks that are used to create and transmit the message (the "message routing data"). The content includes things like the text of email messages and attached media files, and is generally the information that could be communicated using some media other than email (like a letter, telephone call, CD, DVD, etc.) The message routing data includes information such as server hostnames, IP addresses, timestamps, mail queue file identifiers, and spam filtering information, and is generally information that would not exist but for the fact that the communication was made via email. The content of your items is your Confidential Information and is subject to the restrictions on use and disclosure described in these Terms of Service. However, you agree that we may view and use the message routing data for our general business purposes, including maintaining and improving security, improving our services, and developing products. In addition, you agree that we may disclose message routing data to third parties in aggregate statistical form, provided that we do not include any information that could be used to identify you.
25.6 Usage Data.
We collect and store information related to your use of the Services, such as use of SMTP, POP3, IMAP, and filtering choices and usage. You agree that we may use this information for our general business purposes and may disclose the information to third parties in aggregate statistical form, provided that we do not include any information that could be used to identify you.
26. Your Responsibilities
Your responsibilities Include:
Contact us if you have questions about anything. We cannot possibly cover everything that could arise. We don’t try to list them all and never could. Most people act responsibly and know what’s right and wrong. If you have any doubts, ask us first.
You must keep a copy of all your files and databases (recommended even though we create and maintain backups for your site). Hard drives fail, things happen, and keeping a copy is a smart precaution and aids in restoring a site.
You can download a site by using a FTP client like FileZilla.
You have total responsibility for the content of your site.
PLEASE Protect access to your account! This includes protecting your login and password, and any computers you use to access your account, especially if the password is accessible on them. Keeping your contact information with us current.
The client is responsible for securing their username/password.
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 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 RegisterSX’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. 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 RegisterSX to provide this knowledge or support outside matter specific to RegisterSX’s Cloud Web Hosting Provider’s servers.
27. Content of Your WebSite
All services provided by RegisterSX may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States, International or other countries, Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene or material protected by trade secret and other statute, and invasion of privacy. The client agrees to indemnify and hold harmless RegisterSX from any claims resulting from the use of the service which damages the subscriber or any other party.
All pornographic content and sex-related merchandising is prohibited on all RegisterSX’s Cloud Hosting Provider’s servers. This includes sites that may infer sexual content or links to adult content elsewhere. RegisterSX will be the sole arbiter in determining violations of this provision. Allowances are made for ‘art’ related nudity and sexual inference though RegisterSX will be the sole arbiter as to whether it may appear on a server run by RegisterSX. Also prohibited are sites that promote any illegal activity or present content that may be damaging to RegisterSX servers or any other server on the Internet.
Links to such materials are also prohibited.
Examples of unacceptable content or links:
- Pirated software
- Hacker programs or archives
- Warez sites
- Torrent sites
- Racist or ‘Hate’ related material
- Information related to the misuse of credit cards, phones, and computers.
RegisterSX will be the sole arbiter as to what constitutes a violation of this provision. Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network Attempt to circumvent any user authentication or security of host, network, or account. Accessing data not intended for user. Probing the security of any network. Spawning dozens of processes. Port scans, ping floods, packet spoofing, webbots, forging router information, Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land, teardrop. Promulgation of viruses. IRC bots such as eggdrop or BitchX. Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken. The presence of any of these programs, whether or not run, will result in action against the user including suspension or termination. It is implied that subscribers have a basic knowledge of the Internet and it’s inherent protocols. RegisterSX denies any responsibilities for any damages arising as a consequence of a lack of knowledge in the maintenance and condition of a subscriber’s account or website. RegisterSX does however accept a responsibility to provide support to it’s subscriber’s and all reasonable efforts will be made to assist subscribers in the working maintenance of their account.