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Server Abuse
Any attempt to undermine or cause harm to a server, or customer, of
AlleyCat Media is strictly prohibited.
Unauthorized use of other people's accounts or computers AlleyCat
Media will strongly react to any use or attempted use of an
Internet account or computer without the owner's authorization. Such
attempts include "Internet scamming" (tricking other
people into releasing their passwords), password robbery, security
hole scanning etc. Any unauthorized use of accounts or computers by
a AlleyCat Media customer, whether or not the attacked account or
computer belongs to AlleyCat Media, will result in action against the
attacker. Possible actions include warnings, account suspension or
cancellation, and civil or criminal legal action, depending on the
seriousness of the attack.
Customers may not run IRC, bots or clients on shared servers.
Unacceptable uses also include, but are NOT limited to: Bulk
emailing, unsolicited emailings, newsgroup spamming, pornographic
content, illegal content, copyright infringement, trademark
infringement, warez, cracks, software serial numbers, and/or
anything else determined by AlleyCat Media to be unacceptable use of
AlleyCat Media's services including abuse of server resources.
All hosting accounts may be terminated that include the following
content or which have links to the following content:
- Providing
material that is grossly offensive to the Web community
including blatant expressions of bigotry, racism or hatred.
- Promoting
or providing instructional information about illegal activities,
or promoting physical harm or injury against any group or
individual.
- Displaying
material that exploits children under 18 years of age.
- Acts
of copyright infringement including offering pirated computer
programs or links to such programs, information used to
circumvent manufacturer-installed copy-protect devices,
including serial or registration numbers for software programs,
or any type of cracker utilities.
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Unsolicited Email (Spam)
Unsolicited commercial advertisements (spam) are not allowed in
e-mail, and will likely result in account cancellation.
AlleyCat Media takes a zero-tolerance approach to spam originating
from our servers or for spam advertising of domains hosted on our
servers.
The following activities are not allowed:
- Unsolicited
bulk or commercial messages ("spam"). This includes,
but is not limited to, bulk mailing of commercial advertising,
informational announcements, charity requests, petitions for
signatures, and political or religious tracts. Such messages may
only be sent to those who have explicitly requested it from your
domain.
- Forging,
altering or removing electronic mail headers is prohibited. Any
domain sending stealth spam will be terminated without warning
and without refund.
- Spamming
Newsgroups: Commercial advertisements are unwelcome in most
Usenet discussion groups and on most e-mail mailing lists.
Inappropriate posting may result in account cancellation.
"Spamming," or sending a message to many different
off-topic newsgroups, is particularly unethical and will be
treated as such.
- Mail
may not be used to harass or intimidate others. Harassment,
whether through language, frequency of messages, or size of
messages, is prohibited. Sending a single unwelcome message may
be considered harassment. If a recipient asks to stop receiving
e-mail, you must not send that person any further messages.
- Providing
spamware (software used to send bulk email or software used to
harvest email addresses) or links to sites providing spamware is
strictly prohibited and subject to demand for removal or account
cancellation.
NOTE: If you use the services of another provider (including but
not limited to the use of address lists obtained from a third party
vendor or provider) to promote a web site hosted by or through AlleyCat Media
(spamvertising), then the provisions of the above
Policy shall apply as if the spam were sent through our servers.
PENALTY: Depending on the severity of your SPAMMING, AlleyCat Media
reserves the right to charge you between $1.00 -
$100.00 PER SPAM sent through our network. Your web site content
will also be confiscated and it will be NEVER returned to you.
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GI Scripts
Each shared Unix web hosting account comes with its own cgi-bin, in
which you are free to use any* CGI scripts you wish. |
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We Do Not Host the
Following
We do not allow the hosting of Anime, Manga, Movies, MP3, Torrent
Files. Sites using their accounts for Backup Storage and File
Download/Mirror distribution services are also not permitted. Sites
breeching this policy may have their files removed without notice.
Accounts that repeately ignore our warning will be suspended.
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Hosting for the purpose of
distribution of Software
and Multimedia products.
Shared Hosting accounts are not to be used for the purposes of
distributing software and multimedia files / products. If you
require sucj a solution then please contact our Sale Team who will be
glad to assist.. |
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Server Resource Abuse
Shared server accounts are limited in use of the amount of server
resources. Shared server resource abuse includes any process or service
usage that affects normal shared server operation, resources or
connectivity, and which causes a server to become overloaded.
Shared server resources include CPU and memory usage, number of
concurrent processes, number of concurrent port or database
connections and total bandwidth. AlleyCat Media will be the sole
arbiter as to what constitutes a violation of this provision.
Possible causes of server resource abuse include, but are not
limited to, the use of: CGI, Perl, Sendmail, mySQL, MSSQL, PHP, ASP,
COLDFUSION, HTTP, SMTP, POP3 and FTP. Shared server accounts are NOT
allow to send more than 2000 emails per day. If server resource
abuse is detected, possible actions include, but are not limited to:
disabling of the offending script or scripts, disabling of the
specific service, disabling of the entire account or account
cancellation. If server overload is a result of server resource
abuse, these actions will be taken without prior notice or warning.
Multimedia Files
Multimedia files are defined as any graphics, audio, and video
files. Shared Hosting accounts are not permitted to be used for the
purposes of distributing and storing "excessive amount" of
multimedia files. Shared Hosting account whose disk space
usage for storing the multimedia files exceed 70% of its total
usage, either in terms of total size or number of files, will be
deemed "excessive "
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Banned Scripts / Software
The following scripts, services and software are not permitted on our
servers.
Both Unix and Windows based scripts.
- Ikonboard
(all versions)
- The
Anonymizer
- UltimateBBS
(all versions)
- All
soap mailers
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- BitchX
- psybnc
(all versions)
- guardservices
- Proxy
Servers
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- ptlink
- nph-proxy
- bnc
- Greymatter
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We do not allow clients to install their own chat rooms within a
shared hosting account, without approving it with the AlleyCat Media
Support Team. Most chat rooms tend to be large system hogs and we
cannot allow it as an account option. Note: Parachat chat rooms do
not apply to this rule. They are perfectly fine to install.
We do not allow clients to send more than 2000 pieces of e-mail
per day from a shared hosting account. If you do send more than 2000
pieces of e-mail per day, your account will be placed on hold for
Network Abuse. If you are sending legitimate e-mails and they total
more than 2000 per day your account will be moved to a special
server that is specifically designed to handle high volumes of
e-mail. You will be charged $50.00/month in addition to your regular
hosting charges if your account is moved to this server. Please
contact dc@AlleyCat Media.net to have your domain moved.
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Background Running Programs
We may allow programs to run continually in the background. These are
considered on a one-to-one basis and an extra charge may incurred based
on system resources used and operational maintenance needed.
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IRC
We currently do not allow IRC IRC clients or IRC bots to be operated
on any of our servers. In addition, IRC servers are not permitted on our
network. Anyone found to be in violation of this policy risks immediate
account termination.
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Excessive Use/Overages
You will not exceed the bandwidth, storage and E-mail usage limits
outlined by your particular web hosting package.
If you use any bandwidth or storage space in excess of the agreed
upon number of megabytes per month or if you exceed E-Mail storage
and attachment size limitations, AlleyCat Media may, in its sole
discretion, assess you with additional charges. If AlleyCat Media elects to take any corrective action,
AlleyCat Media will not refund
any unused pre-paid fees. Your use of your account and access to it
is your responsibility. You are responsible for any unauthorized
access to your account resulting in bandwidth, storage and/or E-mail
usage exceeding the limits outlined in your particular web hosting
package specifications and resultant charges. Bandwidth overages are
currently billed at $2 per 1GB per month. Disk space overages are
currently billed at $1.50 per 250MB per month.
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Payment Policies
All accounts are set up on a pre-pay basis. If there are a setup fees
charged, they are non-refundable.
All pricing is guaranteed for the term of pre-payment. AlleyCat Media
reserves the right to change prices at any time,
unless other terms have been agreed upon. Any account not brought
current within a week (7 days) of e-mail notice or exceeding this
time frame in any way is subject to suspension. The customer is
responsible for all money owed on the account from the time it was
established to the time that the customer notifies AlleyCat Media at
support@AlleyCat Media.net.au to request for termination of services.
All taxes, fees and governmental charges relating to the Services
provided hereunder (other than income taxes of AlleyCat Media) shall
be paid by Customer. AlleyCat Media accepts paper checks from
customers for payment of web hosting services and fees associated
with your account. However, there will be a $5.00 per check
processing fee for each customer paying by check.
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Cancellation
AlleyCat Media reserves the right to cancel service at any time. All
fees paid in advance of cancellation will be pro-rated and paid by AlleyCat Media
if AlleyCat Media institutes its right of cancellation. Any
violation of policies which results in extra costs will be billed to the
customer (i.e. transfer, space etc.)
All of AlleyCat Media's shared web hosting plans are backed by a
30 day money back guarantee however for purchases of all kinds of
dedicated server, VPS/VDS, license purchase, ssl and domain
registration are non refundable or returnable.
If you are not completely satisfied with our services or support
within the first 30 days of your contract, you will be given a full
refund of the contract amount excluding setup fees, domain
registration fees, add-on/upgrade fees and overages. Setup fees are
refundable only if the account order is canceled prior to account
activation. For web hosting contracts of 3 months or less, the full
contract amount less any setup fees and overages will be refunded if
AlleyCat Media is notified within the first 30 days following
activation. No refund is available after the 30th day. For web
hosting contracts longer than 3 months, a refund equal to one half
of the contract amount less any setup fees and overages will be
given if AlleyCat Media is notified prior to the first day of the
third month of the contract term. If you cancel prior to the end of
your contract term and you received special pre-pay rates, your
hosting fees will be adjusted so that you pay the regular,
non-discounted monthly fees. No refunds for any reason will be given
once the third month of the contract term has begun. Cancellations
via email requests will not constitute acceptance of any
cancellation. Refunds will be made by company check or issued back
to your credit card within 30 days of receipt of cancellation. No
refunds will be given for any promotional offer. This include any
promotion with or without coupon purchase.
Any unreasonable chargeback will be deem as breach of contract
and this will attract a minimum of AU$50 admin fee for settlement of
the chargeback. You must contact us for any dispute in cancellation
or payment issue instead of doing a unilateral chargeback request
from your bank.
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Liability and Obligations on
Cancellation
If the Agreement expires or is cancelled for any reason, AlleyCat Media
is not liable to you because of the expiration or
cancellation for compensation, reimbursement or damages.
If the Agreement expires or is cancelled for any reason, AlleyCat Media
is not liable to you because of the expiration or
cancellation for compensation, reimbursement or damages on account
of the loss of prospective profits, anticipated sales, goodwill or
on account of expenditures, investments, leases or commitments in
connection with your business, or for any other reason whatsoever
flowing from the termination or expiration. If you terminate this
Agreement, AlleyCat Media will not relieve you of any obligations to
pay fees and costs accrued before the termination date or any other
amounts you owe to AlleyCat Media under this Agreement.
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Material and Product Requirements
You must ensure that all material and data placed on AlleyCat Media equipment is in a condition that is "server-ready," which is
in a form requiring no additional manipulation by AlleyCat Media.
AlleyCat Media will make no effort to validate any of this
information for content, correctness or usability. If your material
is not "server-ready", AlleyCat Media may reject this
material. AlleyCat Media will notify you of its refusal of the
material and afford you the opportunity to modify the material to
satisfy AlleyCat Media's requirements. Use of the Services 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 your Web site. You must
have the necessary knowledge to create and maintain a Web site. AlleyCat Media
does not provide this knowledge or customer support
outside of the Services.
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Intellectual Property Rights
Material accessible to you through AlleyCat Media's services may be
subject to protection under the Australia, 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 AlleyCat Media 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 AlleyCat Media network. If you use a domain name in
connection with AlleyCat Media or similar service, you must not use
that domain name in violation of any trademark, service mark, or
similar rights of any third party.
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Network Security
Customers may not use the AlleyCat Media 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. AlleyCat Media
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. You are solely responsible
for any security breaches affecting servers or accounts under your
control. If your server or website is responsible for or involved in
an attack on or unauthorized access into another server or system, AlleyCat Media
will shut it down immediately. You will pay any
charges resulting from the cost to correct security breaches
affecting AlleyCat Media or any of its other customers.
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Electronic Commerce
You will be solely responsible for the development, operation and
maintenance of your online store and products and all contents and
materials appearing online or on your products.
You will be solely responsible for the development, operation and
maintenance of your online store and products and all contents and
materials appearing online or on your products, including without
limitation (a) the accuracy and appropriateness of content and
materials appearing within the store or related to your products,
(b) ensuring that the content and materials appearing within the
store or related to your products do not violate or infringe upon
the rights of any third party, and (c) ensuring that the content and
materials appearing within the store or related to your products are
not libelous or otherwise illegal. You will be solely responsible
for the final calculation and application of shipping and sales tax.
You will also be solely responsible for accepting, processing, and
filling any customer orders, and for handling any customer inquiries
or complaints arising there from.
You are also responsible for the security of any customer credit
card numbers and related customer information you may access as a
result of conducting electronic commerce transactions through your
Web Site. You will keep all such information confidential and will
use the same degree of care and security as you use with your
confidential information.
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Static / Dynamic Content Caching
You expressly (i) grant to AlleyCat Media a license to cache the
entirety of your Web Site, including content supplied by third parties,
hosted by AlleyCat Media under this Agreement and (ii) agree that such
caching is not an infringement of any of your intellectual property
rights or any third party's intellectual property rights.
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Torturous Conduct
Any abuse towards any AlleyCat Media employees will not be tolerated.
You are expected to request and respond to support and other
issues in a professional manner, when emailing AlleyCat Media or
utilizing the Ticket Desk Support System, refrain from using caps,
exclamation points, and other forms of written yelling. Any cursing,
yelling, or further intentional disruptive behavior aimed at AlleyCat Media or its employees
shall be considered a violation of this TOS.
Any threat; whether verbally, orally, written, or delivered by
second parties directed towards AlleyCat Media or any of it's employees, partners, equipment,
and concerns shall be construed as a violation of this TOS. Any
conduct viewed as violating this section shall be considered a
violation of this TOS. AlleyCat Media will be the sole arbitrator in regards to what is deemed a
violation.
No refunds shall be given when the contents of this section
necessitates removal of the account.
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IP Address Ownership
AlleyCat Media shall maintain and control ownership of all IP numbers
and addresses that may be assigned to you by AlleyCat Media and AlleyCat Media
reserves, in its sole discretion, the right to change or
remove any and all such IP numbers and addresses.
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Domain Name Registration
Customer agrees to pay AlleyCat Media prior to the effectiveness of
the desired domain name registration, the then-current amounts set forth
in the AlleyCat Media price schedule for the initial registration of the
domain name and, should Customer choose to renew the registration,
subsequent renewals of the registration.
All fees are non-refundable, in whole or in part, even if
Customer's domain name registration is suspended, cancelled or
transferred prior to the end of Customer's then current registration
term. AlleyCat Media reserves the right to change fees, surcharges,
renewal fees or to institute new fees at any time, for any reason,
at its sole discretion. Customer's requested domain name will not be
registered unless and until we receive actual payment of the
registration fee, and have confirmed Customer's registration in an
email from AlleyCat Media to the email address indicated in
Customer's registration application. In the event of a charge-back
by a credit card company (or similar action by another payment
provider allowed by AlleyCat Media) in connection with the payments
of the registration fee for Customer's domain name registration,
Customer agrees and acknowledges that the domain name registration
shall be transferred to AlleyCat Media as the paying entity for that
registration to the registry and that we reserve all rights
regarding such domain name including, without limitation, the right
to make the domain name available to other parties for purchase. AlleyCat Media
will reinstate Customer's domain name registration
solely at AlleyCat Media's discretion, and subject to our receipt of
the initial registration or renewal fee and our then-current
reinstatement fee.
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Lawful Purpose
AlleyCat Media reserves the right to refuse service to anyone.
Customers may only use AlleyCat Media 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 AlleyCat Media
management. Regardless of the place of signing this agreement, the
client agrees that for purposes of venue and jurisdiction this
contract was entered into and performed in Queensland, Australia and
any dispute will be litigated or arbitrated in Queensland, Australia.
Customer further waives all objections to venue or jurisdiction and
acknowledges that venue and jurisdiction in any such litigation will
be held in Queensland Courts. IN NO EVENT SHALL ALLEYCAT MEDIA's
MAXIMUM LIABILITY EXCEED THREE HUNDRED ($300.00) DOLLARS.
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Indemnification
Customer agrees to pay AlleyCat Media prior to the effectiveness of
the desired domain name registration, the then-current amounts set forth
in the AlleyCat Media price schedule for the initial registration of the
domain name and, should Customer choose to renew the registration,
subsequent renewals of the registration.
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD
ALLEYCAT MEDIA HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES,
LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES
ASSERTED AGAINST ALLEYCAT MEDIA, 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 ALLEYCAT MEDIA AGAINST LIABILITIES
ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY
PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH ALLEYCAT
MEDIA's 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 ALLEYCAT MEDIA's SERVER.
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Disclaimer
ALLEYCAT MEDIA WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS
MAY SUFFER.
ALLEYCAT MEDIA MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR
IMPLIED FOR SERVICES WE PROVIDE. ALLEYCAT MEDIA 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
ALLEYCAT MEDIA AND ITS EMPLOYEES. ALLEYCAT MEDIA RESERVES THE RIGHT TO
REVISE ITS POLICIES AT ANY TIME.
ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF ALLEYCAT
MEDIA MUST ADHERE TO THE ABOVE POLICIES.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR
IMMEDIATE ACCOUNT DEACTIVATION.
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