This Sectorlink Acceptable Use Policy/Terms of Service ("AUP") describe the proper kinds of conduct and prohibited uses of Sectorlink's hosting services (the "Services"). This AUP is not exhaustive and Sectorlink reserves the right to modify this AUP at any time, effective upon posting of the modified AUP at Acceptable Use Policy / Terms of Service. By registering for and using the Services, and thereby accepting the terms and conditions of this AUP, you agree to abide by these conditions as modified from time to time. Any violation of the AUP may result in the suspension or termination of your account or such other action as Sectorlink deems appropriate. Sectorlink reserves the right to refuse service to anyone.
Any attempt to undermine or cause harm to a server, or customer, of Sectorlink is strictly prohibited.
Unauthorized use of other people's accounts or computers Sectorlink will react strongly 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 Sectorlink customer, whether or not the attacked account or computer belongs to Sectorlink, 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 e-mailing, unsolicited e-mailing, news group spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by Sectorlink to be unacceptable use of Sectorlink'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:
Over Bandwidth Charges
Over bandwidth transfer cost will be $1.50 per 1GB over your packages bandwidth allotment. This charge will be billed to your account at the beginning of the new month.
Unlimited Hosting Space
Sectorlink does not set arbitrary limits on the amount of disk space a customer can use for some web hosting plans, nor does Sectorlink charge additional fees based on an increased amount of storage used, provided the Subscriber's use of storage complies with these Terms. Sectorlink web hosting services are designed to host websites . Sectorlink does NOT provide unlimited space for online storage, backups, or archiving of electronic files, documents, log files, etc., and any such prohibited use of the Services will result in the termination of Subscriber's account, with or without notice.
Backups and Data Loss
Your use of Sectorlink's services is at your sole risk. Sectorlink is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Sectorlink servers.
Unsolicited / Commercial E-mail
Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account suspension/cancellation, with or without notice.
Sectorlink takes a zero-tolerance approach to spam originating from our network or for spam advertising of domains hosted on our servers.
The following activities are not allowed:
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 Sectorlink (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers.
If any Customer, or any Third Party User that is a customer of our Customer, uses Sectorlink Services, the Sectorlink Network or its physical infrastructure in a manner that causes Sectorlink to be "blacklisted" or blocked, Sectorlink reserves the right to (i) suspend permanently or terminate Sectorlink services of such Customer and/or (ii) suspend permanently or terminate the access to Sectorlink services, the Sectorlink network or its physical infrastructure by such Third Party User.
Block Removal - If, as a result of a Customer's actions, Sectorlink's mail servers or IP address ranges are placed on black hole lists or other mail filtering software systems, Sectorlink shall charge Customer $200 upfront and $100 per hour thereafter for any necessary remedial actions.
Reverse DNS / PTR Requests / IP Address Clarification
All ptr requests must be valid live domains with content. This is a requirement for all rDNS / ptr requests. We do not accept ptr requests for domains with no web content. We also do not allow mail from IP's that send mail anonymously. Under no circumstances will reverse rDNS entries be added with snoeshow characteristics.
(This section does not apply to managed dedicated or Colocation servers.) Each shared Linux web hosting account comes with its own cgi-bin, in which you are free to use any CGI scripts you wish. All CGI scripts (Perl scripts with a .pl or .cgi extension) intended for use on shared Windows web hosting accounts are subject to approval by our Windows Server Administrators.
Server Resource Abuse
(This section does not apply to managed dedicated or Colocation servers.) 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. Possible causes of server resource abuse include, but are not limited to, the use of: CGI, Perl, Sendmail, mySQL, MSSQL, PHP, ASP, ASP.NET, HTTP, SMTP, POP3 and FTP. 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.
Our policy on child pornography is zero tolerance. Sectorlink will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the Sectorlink network, and will be liable for illegal material posted by their clients.
According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.
Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT
IRC / Chat Networks
We do not allow IRC, Chat Networks, IRC clients or IRC bots to be operated on any of our servers. In addition, IRC servers, Chat Network Servers are not permitted on our network. Anyone found to be in violation of this policy risks immediate account termination.
Current Contact Information
Current customers must provide Sectorlink with, and keep current and up to date, good contact information including full address, e-mail, phone, and fax numbers. Sectorlink uses contact information to reach customers during network emergencies, server downtime, maintenance windows and in case there are billing issues with your account. Failure to keep contact information up to date could lead to temporary account suspension until the information is updated.
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, Sectorlink may, in its sole discretion, assess you with additional charges. If Sectorlink elects to take any corrective action, Sectorlink 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 $ 1.50 /GB/month. Some plans may offer un-metered inbound bandwidth. Un-metered inbound bandwidth may be used for normal file transfer methods to the server and may not be used for backup service providers or any services that would constitute abuse of the offering.
All accounts are set up on a prepay basis. All pricing is guaranteed for the term of prepayment. Sectorlink reserves the right to change prices at any time, unless other terms have been agreed upon. Invoicing is sent out 10 days prior to the renewal due date. Sectorlink will attempt to renew the account 5-6 days before the due date, unless cancellation has been given in writing, using the payment method on file. Credit card accounts are subject to login deactivation upon the card declining for charges within 5 days of initial e-mail notification. 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 complete account deactivation. The customer is responsible for all money owed on the account until the customer notifies Sectorlink at https://www.sectorlink.com/cancel to request for termination of services. All payment is in U.S. currency.
Due to security concerns, all account cancellations must be done following the steps outlined at https://www.sectorlink.com/cancel. Cancellations via e-mail requests and telephone will not constitute acceptance of any cancellation. Sectorlink does not provide refunds for any unused portion of the service term. A credit can be requested for any unused portion of the service term which can be applied to an active Sectorlink service. Cancellations must be provided before the service renewal date in order to avoid an automatic renewal of service. Cancellations are processed only from 9 a.m. - 6 p.m. EST on Monday-Friday. No cancellations are processed on holidays or weekends.
Liability and Obligations on Cancellation
If the Agreement expires or is canceled for any reason, Sectorlink 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, Sectorlink will not relieve you of any obligations to pay fees and costs accrued before the termination date or any other amounts you owe to Sectorlink under this Agreement.
IP Address Overlap
Sectorlink administers the network on which customer servers reside. The customer cannot use IP addresses which were not assigned to them by Sectorlink staff. Any server found using IPs which were not officially assigned will be suspended from network access until such time as the IP addresses overlap can be corrected.
Material and Product Requirements
You must ensure that all material and data placed on Sectorlink's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by Sectorlink. Sectorlink will make no effort to validate any of this information for content, correctness or usability. If your material is not "server-ready", Sectorlink may reject this material. Sectorlink will notify you of its refusal of the material and afford you the opportunity to modify the material to satisfy Sectorlink'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. Sectorlink does not provide this knowledge or customer support outside of the Services.
Intellectual Property Rights
Material accessible to you through Sectorlink's 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 Sectorlink 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 Sectorlink network. If you use a domain name in connection with Sectorlink or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Customers may not use the Sectorlink network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to:
Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to:
Sectorlink 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 web site is responsible for or involved in an attack on or unauthorized access into another server or system, Sectorlink will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting Sectorlink or any of its other customers.
Shared Hosting Account/Dedicated Server Security
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
Customers who violate systems or network security may incur criminal or civil liability. Sectorlink 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.
Customer acknowledges that server(s) may be damaged from shipping and handling. Customer shall not hold Sectorlink liable for damages to any Colocation server for any reason. The customer is responsible for insuring the Colocation server for the value of the server. In no event shall Sectorlink be liable for any special or consequential damages, loss or injury.
Customer must make arrangements for the co located server(s) to be picked up and removed from Sectorlink.
The co located server(s) will be considered abandoned and forfeited after 30 days.
Co located server(s) that are terminated for non payment will be considered abandoned and forfeited after 30 days if customer has not arranged pick up of co located server(s).
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.
Static/Dynamic Content Caching
You expressly (i) grant to Sectorlink a license to cache the entirety of your web site, including content supplied by third parties, hosted by Sectorlink 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.
IP Address Ownership
Sectorlink shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Sectorlink and Sectorlink reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
DIGITAL MILLENNIUM COPYRIGHT ACT
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the Sectorlink system or web site should be sent ONLY to our Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING SECTORLINK THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g. REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
Written notification must be submitted to the following Designated Agent:
512 Buckham Alley
Flint, MI 48502, USA
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
Customers may only use Sectorlink 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 Sectorlink 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 Genesee County, Michigan, and any dispute will be litigated or arbitrated in Genesee County, Michigan. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Genesee County Courts. IN NO EVENT SHALL SECTORLINK'S MAXIMUM LIABILITY EXCEED CUSTOMER'S MONTHLY INVOICE TOTAL FOR ANY REASON.
IMPORTANT NOTE - Sectorlink has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and condition WITHOUT WARNING OR PRIOR NOTICE. No refunds or fees paid will be made if account termination is due to violation of the terms outlined in this document.
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD SECTORLINK HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST SECTORLINK, 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 SECTORLINK AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH SECTORLINK'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 SECTORLINK'S SERVER.
SECTORLINK WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. SECTORLINK MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. SECTORLINK 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 SECTORLINK AND ITS EMPLOYEES. SECTORLINK RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
CUSTOMER SHALL NOT TRANSFER OR ASSIGN THIS AGREEMENT WITHOUT THE PRIOR WRITTEN CONSENT OF SECTORLINK. HOWEVER, SECTORLINK MAY ASSIGN THE CUSTOMER'S CONTRACT, IN PART OR IN WHOLE, AT ANYTIME WITHOUT CONSENT FROM OR NOTICE TO THE CUSTOMER. SECTORLINK RESERVES RIGHT TO CANCEL CUSTOMERS RIGHTS UNDER THIS CONTRACT AT ANYTIME WITHOUT FURTHER OBLIGATION.
ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF SECTORLINK MUST ADHERE TO THE ABOVE POLICIES.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
SECTORLINK RESERVES THE RIGHT TO REVISE, AMEND, OR MODIFY THIS AUP/TOS AND ALL OF OUR OTHER POLICIES AND AGREEMENTS AT ANY TIME AND IN ANY MANNER. NOTICE OF ANY REVISION, AMENDMENT, OR MODIFICATION WILL BE DEEMED WHEN THE NEW INFORMATION IS POSTED WITHIN THIS DOCUMENT OR ANY OTHER ONLINE AGREEMENTS. CUSTOMERS WILL NOT NECESSARILY BE NOTIFIED IN WRITING OF THESE CHANGES. PLEASE CHECK THIS AND ALL OTHER SECTORLINK AGREEMENTS AND DOCUMENTS FREQUENTLY FOR CHANGES.