ACCEPTABLE USE POLICY
This agreement ("Agreement") is between hosting service provider Byte Size Media Inc. operating as JustWriteSites.com ("JustWriteSites") at Suite 258, 2112 Danforth Avenue, Toronto, Ontario, Canada and the Customer ("Customer") specified in the electronic order form annexed herein by reference ("Order"). The agreement is made effective as of the date of the order.
By using services ("Services") provided by JustWriteSites, Customers agree to comply with the Acceptable Use Policies outlined in this agreement (AUP) and also to indemnify JustWriteSites against any claims arising from any violation of this Policy as per sections 13 and 14 of the JustWriteSites Web Hosting Agreement.
JustWriteSites reserves the right to make changes to this Acceptable Use Policy at any time without notice, and those changes will be effective immediately upon posting to JustWriteSites's web site at: http://www.JustWriteSites.
JustWriteSites Customers agree to and are responsible for regularly reviewing this Policy. Continued use of JustWriteSites services following any changes shall constitute acceptance of those changes by Customer.
JustWriteSites is dedicated to providing an all-round top quality service. The terms and conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers while at the same time satisfying our legal and ethical responsibilities.
This policy recognizes the fundamental fact that no one owns or controls the Internet. JustWriteSites cannot monitor or control all activities of our Customers and their clients. We do not intend to actively screen, review, censor, edit or take responsibility for the activities or content of our Customers. Customers, not JustWriteSites, assume all responsibility relating to their Internet activities including, but not limited to:
- Aspects of the Customer's business
- Content and data provided by or through a Customer
- Customer's computer and communications systems needed to access the Services
- Results obtained from using JustWriteSites Services
- Compliance with all applicable laws and governmental regulations regarding Customer's business or use of the Services
- Use of the JustWriteSites services by Customer's end users
- Compliance with this Acceptable Use Policy by the Customer and Customer's end users
Activities conducted on the Internet are subject to many of the same laws and regulations applicable to the offline environment. Customers must exercise a high degree of judgment and responsibility with respect to their use of the Services, including the responsibility to comply with this Acceptable Use Policy.
Customers will violate this Policy when they or their affiliates engage in any of the following activities:
Network Abuse
Using the JustWriteSites network in any way that adversely affects other JustWriteSites Customers is strictly prohibited. This includes but is not limited to:
- Gaining or attempting to gain unauthorized access to servers or services. Such attempts include but are not limited to: "Internet phishing scams" (tricking other people into releasing their passwords or other confidential information or data), password robbery, security hole scanning, port scanning, probing, monitoring or testing for system or network vulnerabilities.
- Introducing viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, packet bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- Intentionally omitting, deleting, forging or misrepresenting transmission information, including headers, return addressing information and IP addresses.
- Using IP addresses which were not assigned to them by JustWriteSites.
- Running Internet Relay Chat (IRC) servers, bots or clients.
Illegal Content
Accounts may be terminated that include content or where links are provided to content that:
- Is unlawful.
- Is considered offensive by the web community in general.
- Promotes injury or physical harm against any group or individual.
- Promotes or teaches illegal activities.
- Exploits or depicts children in a negative or sexual way.
- Infringes on copyright, patents, trademarks, trade secrets, or other intellectual property including but not limited to: pirated computer programs, cracker utilities, warez and software serial numbers or registration codes.
- Violates any law, statute, ordinance or regulation governing the Customer's business or activities, including without limitation the laws and regulations governing export control, unfair competition, false advertising, consumer protection, issuance or sale of securities, trade in firearms, privacy, data transfer and telecommunications.
SPAM or Unsolicited Commercial Email
JustWriteSites has a zero tolerance policy for the sending of SPAM or Unsolicited Commercial Email (UCE) over our network. JustWriteSites Customers cannot send SPAM or UCE and cannot host sites or information advertised in SPAM or UCE. Customers must take all reasonable precautions to secure their sites against SPAM exploits (e.g. open email relays and insecure CGI scripts).
Violating our UCE or SPAM policy will result in penalties. Upon detection or notification of a violation of our UCE policy, JustWriteSites will initiate an immediate investigation. During this time, outgoing mail may be suspended from the offending ip address to prevent further violations. If a client is found to be in violation of our UCE policy, JustWriteSites will impose penalties and/or, at its discretion, restrict or terminate the offending account and the Customer's access to our network. Repeated or serious violations may result in the immediate termination of the account. SPAM is a very serious matter.
PLEASE DO NOT SPAM. TAKE ALL PRECAUTIONS against SPAM EXPLOITS. JustWriteSites reserves the right to apply a minimum $200 US per complaint investigation/resolution charge.
CGI/PHP Scripts
JustWriteSites provides our clients with Web Hosting accounts that permit the use of CGI files, PHP scripts, and other executable programs. Because these scripts use much more system resources than standard HTML pages, certain restrictions must be made governing the use of such "active content" systems. The following rules apply to all "active content" files as listed above:
- The script must use low system resources. Scripts that consume a large amount of our RAM or processor will be subject to immediate suspension until the owner can be notified and an alternative solution is reached.
- Each user account may not use more than 20% of system resources at any given time. If an account is consistently using 20% or greater system resources, the account holder will be warned and if no action is taken on behalf of the account holder the account may be suspended.
- The scripts may not interact with any server configuration or hardware. Accounts running these scripts are subject to immediate account termination without refund.
- The script can not be used or referenced from any other site not hosted by JustWriteSites.
- The script must execute in a timely fashion. Any script that uses the processor for more than a few milliseconds is subject to removal.
- Any script that appears to be designed specifically to attack or otherwise maliciously affect the server is completely unacceptable, and if such scripts are found in your account the account will be terminated immediately and your actions will be reported to the proper local, state, and federal authorities and legal action will be taken to prosecute the account holder to the fullest extent of the law by JustWriteSites.
- Perl-based chat room scripts are strictly prohibited.
- Scripts must be kept secure. Unnecessary chmoding scripts to 777 is a violation of this policy. Keeping scripts in a publicly viewable directory (one without a index.html file) is also in violation of this policy. NOTE: If a script will NOT execute with a permission other than 777 (rarely the case) you may contact customer care to get approval for the script which will be given under most circumstances.
Background Running Programs and Cron Jobs
JustWriteSites does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation.IRC
JustWriteSites does not allow IRC or IRC bots to be operated on our servers.
Any accounts with scripts or processes found in violation of these policies are subject to future scrutiny of all CGI, Perl, and PHP scripts by our System Administrators. If a script is found to be harmful to the system, it will be killed immediately and the account locked down until the account owners have been contacted. Malicious scripts are subject to immediate account termination without refund of any pre-paid monies.
Software Distribution
JustWriteSites Web Hosting accounts are not to be used for the purposes of distributing software and multimedia products. If you wish to distribute software and/or multimedia files, please contact sales @ justwritesites.com for special arrangement.
Multimedia Files
Multimedia files are defined as any graphics, audio, and video files. JustWriteSites Web Hosting accounts are not to be used for the purposes of distributing and storing unusual amount of multimedia files. Any Web site 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 to be using unusual amount of multimedia files.
Server Resources
Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra (which depends on the resource needed) or reducing the resource used to an acceptable level. JustWriteSites shall be the sole arbiter of what is considered to be a high server usage level.
Domain Names
JustWriteSites will take necessary steps to register domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. JustWriteSites does not take responsibility for failing to renew domain names. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire. We do not handle renewals unless specifically asked for by sending a ticket to our helpdesk.
We will make every effort to register, transfer and/or renew your requested domain name. This is not a guarantee that your requested domain name is available for registration, transfer and/or renewal. Your domain name may go unregistered, untransferred and/or renewed, due to circumstances beyond our control, such as registry, software and other problems or outages, and will not be grounds for compensation of financial loss.
An order for domain name registration, transfer and/or renewal, does not guarantee domain name registration, transfer and/or renewal. Domain names will not be registered, transferred and/or renewed until payment is received. If requested domain name is paid by the Customer to JustWriteSites and subsequently not registered, transferred and/or renewed by JustWriteSites, the domain registration fee will be refunded.
If JustWriteSites registers domain names on your behalf and you refute the entire charge or if we must issue a full refund, your domain name will be forfeited and your domain name becomes the property of JustWriteSites. This also applies to any special promotional offers whereby a domain name is included as part of a promotional offer. Note, this only applies to domain names we register on your behalf.
Database
Any database stored on JustWriteSites servers shall be limited in size to 20% of the total disk space allotted for a particular domain.
JustWriteSites Administrative Login and Management Software
To facilitate data center/network/server management, inventory and related activities, JustWriteSites shared servers include a JustWriteSites administrative account and password and/or a JustWriteSites daemon. All reasonable precautions are made by JustWriteSites to maintain the security of these tools and the privacy of client data. Customers cannot tamper, hinder, delete, or in anyway change the functioning of these tools. To do so intentionally or otherwise is a violation of this agreement and is grounds for the immediate suspension of a Customer's account.
Account Cancellation
This Acceptable Use Policy (AUP) is not exhaustive. JustWriteSites has the right to refuse service to anyone at any time WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to a violation of the Acceptable Use Policy as outlined above.
Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension.
When JustWriteSites becomes aware of an alleged violation of its AUP, JustWriteSites will initiate an investigation. During the investigation, JustWriteSites may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, JustWriteSites may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, JustWriteSites will notify the appropriate law enforcement authorities of such violation.
JustWriteSites does not issue credits for outages incurred through service disablement resulting from AUP violations.
To report suspected abuses or any violations of these policies, please contact abuse @ JustWriteSites.com.
Additional Fees
JustWriteSites reserves the right to charge investigation/resolution/cleanup fees related to any AUP violation activity. Standard JustWriteSites investigation/resolution/cleanup fee is $400 US or more depending on circumstances. In the case of SPAM activity additional hourly fees, charged at JustWriteSites standard rates, may apply.