Arjay Web Services Policies, Guidelines, & Disclaimers

Summary:

These Policies, Guidelines, and Disclaimers apply to all domains residing on Arjay Web Services' servers (WebNameHost, Author Host, and other subsidiaries). By using our webhosting and domain services, you agree to comply and to enforce compliance on all others who use your account, subaccounts or subdomains, or resold accounts under your domain. We have a zero-tolerance policy with regard to all unacceptable content and behaviour and there are no exceptions.

Content and Use of Services:

Our services may be used for lawful purposes only. Transmission, distribution or storage of any material that violates any applicable laws or regulations are all prohibited. Linking to illegal material is also prohibited.

Standard examples of illegal use of the internet (prohibited by all ISPs; criminal offenses in most jurisdictions), for which your account will be terminated without refund, and for which you agree to pay a fine to us of $100 per address per improper email message sent, and for which you may be sued both by your victims and by the operator of every system through which your messages or site information passes, and/or fined an even larger amount in civil court, and/or face criminal prosecution include, but are not limited to:

• Posting or using pirated software, pirating (posting or distributing copyrighted material in violation of copyright, specifically MP3s, MPEG's, ROMs, and ROM emulators, or content taken from other web sites or publications),
• Hacker activity, programs, or archives, Warez sites,
• Sending or forwarding a message or having or linking to site content that is obscene, lewd, lascivious, filthy, indecent, or with intent to annoy, abuse (slander or defamation until written, then it becomes libel), threaten, promote hatred or violence against, or harass another person or group, or attempt to obtain sexual favours,
• Schemes to defraud, including advertising non-existing products or services, and all chain letters and pyramid schemes,
• Stalking, threatening, harassing (persistently annoying), or advocating bodily harm, hurt, or damage to individuals or groups, or advocating any kind of hatred based on "race", skin, hair or eye colour, political affiliation, age, gender or religion (vigorous discussion of beliefs is acceptable; threats to harm because of them are not),
• Violating export restrictions, copyright, or other laws of either the country/province/state of residence or that where the hosting account is physically located,
• Spamming - sending unsolicited bulk e-mail to those whom the author does not have specific permission for this purpose, posting off-topic advertising in newsgroups, or sending large numbers of the same eMail message in a day except from an opt-in mailing list, (You cannot legally email anyone you want for any purpose you want.)
• Harvesting - collecting e-mail addresses for use on your mailing list either from a database originally published or assembled for some other purpose or by some other entity (corporation, society, or club), or by scraping them from one or more websites, [Note that some sites apparently containing email addresses are actually "honey traps" designed to track scraping so criminal charges can be laid],
• Spoofing (using a return email address which is not the valid reply address of the sender or sending an email message which does not contain enough information to enable the recipient to identify the party who is really sending the message,
• Mailbombing (inundating one or more persons with email without any serious intent to correspond), or any kind of DOS (Denial Of Service) attack on another site by mail or other means,
• Subscribing someone other than your existing customer or other person with a relevant prior relationship to an electronic mailing list without their explicit "opt-in" permission and/or without providing them a genuine means to opt out, or the distribution or use of mass or bulk eMail programs for such purposes,
• Giving or selling the email address or any other personal information of a correspondant to a third party without the owner's explicit permission, [knowing the information does not give you a legal right to use or distribute it]
• Refusing or otherwise failing to unsubscribe someone from one of your mailing lists within forty eight hours of their request,
• Fraudulently misrepresenting yourself via mail in your letterhead, contents, CV or resume, web page, social media account, or email signature, as a current or former officer, fiduciary, or agent of some entity when either (a) you do not in fact have the title or position so claimed, or (b) you are actually communicating on personal rather than institutional matters or are otherwise not specifically authorized to make the communication,
• Fraudulently misrepresenting yourself in any other manner for the purpose of selling or obtaining money, favours (including sexual) from any other person, or enhancing your own reputation thereby,
• Fraudulently obtaining or using a webname that properly belongs to or describes some other person, company, or organization,
• Attempts to circumvent user authentication or security of a host, registrar, network, or other account, or to access data not intended for or belonging to the user (on either our servers or others),
• Promoting conspiracy theories, making false claims about candidates, elections, political parties, or other parties,
• Any use of vulgar, foul, sexually explicit, demeaning, or violent language,
• Promulgation, use, or advocacy of viruses, worms, trojan horses, hacking tools,or any other software that could intrude upon, violate the security of, or harm another person's data, software, or hardware,
• Any web site, posting, eMail, or other communication in support of a criminal activity of your own or on behalf of an organization, or with the intention of inducing or persuading some other person or persons to commit a crime or commending them for having done so--whether on line or otherwise,
• Any web site, posting, eMail, or other communication in support of defying legitimate government orders or legislation involving requirements for financial or other reporting, by-laws, health orders or the like, Exception: a government order that actually prohibits or forcibly suppresses the ordinary expression of religious or political speech that is not banned in the above points (e.g. not, say, merely prohibiting in-person gatherings for health reasons when there are alternative ways to meet--a minor inconvenience) may legitimately be protested, though not with violence or threats,
• Any web site, posting, eMail, or other communication promoting conspiracy theories, making false claims or accusations about candidates, elections, political parties, corporations, churches, or other individuals.

Examples of unacceptable/prohibited (but not necessarily or always illegal) behaviours, content and/or linking with respect to your account on this machine (for which we will also terminate it) include but are not limited to:

• Pornography and sex-related merchandising or activities, any kind of "adult" or "erotic" site or literature, including but not limited to pictures of unclothed or scantily men or women, whether having alleged artistic merit or not, pictoral or verbal descriptions or depictions of sexual acts of any kind, or depictions of male or female primary or secondary sex organs, regardless of the purpose, and trafficking in obscene material, [If you are unsure about the meaning of this clause, apply this test: would a mother give the material to a seven-year old daughter? If you are still unsure, the answer is probably "no".]
• Consistently and repeatedly failing to take appropriate security measures to protect one's accounts, passwords, sites, and mailboxes, thereby leaving them and/or our servers vulnerable to misuse,
• Reselling any web resources, including but not limited to space, mailboxes, forums, or databases, from a non-reseller account. This restriction is NOT meant to limit partnerships using a website jointly with one member of the group responsible for payments, provided the partnership and its membership is disclosed at the time of purchase, nor does it prevent the use of add-on domains where these are part of the account sold.
• Gambling sites,
• Installing software of any kind without our permission (any of the many scripts, programs, or other tools that we include in our hosting packages may be freely installed at any time without asking, as long as you take full responsibility and understand that we do not support them),

Note that while we can only actively police actual site content and will not pro-actively read materials advertised or linked to on the site, or email passing through it, we will request the removal of offending material and links to same if complaints are received.

In addition we install and maintain active and aggressive mail filters that reject obvious spam and abuse. We encourage users to configure these filters further so that they reject even more spam from arriving at the servers. Also, we will actively block the email addresses of offenders using other systems, and complain to their ISP (plus encourage customers to do the same).

Note also that many of the rules herein are enforced on us by the laws of surrounding jurisdictions or the provider of our rack space in the data centres where we locate our machines, and we could not change them even if we wanted to, which we don't. Moreover, our rules are commonplace, and may be applied to messages that incidentally pass through one system on their way to another, meaning that illegal spam may incur civil and criminal penalties in multiple jurisdictions.

We will actively co-operate with relevant authorities on take-down orders over pirated material, and we will provide the authorities with copies of emails originating or terminating at or passing through our servers as they may demand for criminal investigations. Keep in mind that email traverses from twelve to twenty systems between you and its destination. It is NOT private, and it IS "discoverable" in civil and criminal cases. We will also block any email address on the request of our customers, and will not remove that block without their specific authorization. Senders: don't ask--you cannot send any email to anyone you please.

Any violation of the above policies will result in immediate account suspension without prior notice. At our sole discretion, the account may be reinstated if the violation is obviously inadvertent or minor, but otherwise there will be no refunds. Any client violating these policies will be responsible for any and all damages to us and will be charged for necessary repairs, clean ups, and/or legal costs.

You also specifically agree that in addition to the criminal or civil penalties you will incur by employing any of our services to send bulk unsolicited email, you will pay to ArjayEnterprises a penalty of $100 per addressee per message with no upper limit.

On the other hand, if you are the target of illegal emails (bulk unsolicited mail, or mail with hate, slander, or other illegal content), we provide a means for you to blacklist the sender from sending mail to your account, and are prepared on receiving your complaint to fulfill our own legal obligation to block the offending party from sending further mail to all our servers and to notify the offender's ISP. We recommend you report the offender to his or her provider, who is obligated to cut them off.

NOTE: We accept clients who offer direct tangible value on their websites, whether in products such as books, or by providing information, community, or other services. Therefore, although they are not necessarily always illegal, we decline customers whose entire business consists substantially of promoting intangible or indirect products and services via multi-level marketing schemes, opt-in pay-to-read mailing lists, for-fee distribution of "reports", or any other wealth creation schemes that do not involve tangible products. Affiliate arrangements are acceptable, provided the selling of multi-level affiliations is not the only business, and there is tangible product at the end. When in doubt, ask. If an existing client migrates into a business realm we prefer not to have on our servers (but is not in the illegal or prohibited categories above), we will not immediately terminate but will give three months' warning before renewal date that we are declining to host the business for the following period. These judgements are at our sole discretion. We provide a service for certain types of customers; we don't have to host anyone, nor are we required to transmit any and every email message.

Client Responsibility:

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 is responsible for securing their username/password.

Each client should have the necessary knowledge to create and maintain their web space. Although we will provide adequate instructions and technical support, for matters relating to our own services and accounts, it is not our responsibility to teach users the basics of internet use, web site design, and eMail use,

The clients must maintain local copies and backups of their website content. We are not responsible for loss of website files, data, information, etc. Although we utilize high quality software, we can not guarantee that any lost data can be recovered. Back up your site frequently.

Payment Policies:

Most accounts are set up on a prepaid annual/six months/three months basis. Some accounts are available on a monthly basis for a higher rate to cover additional costs and risk. All pricing and plan features are guaranteed for the term of prepayment. Although we have no plans to change our pricing or plans, We reserve the right to change prices and plans at the end of a payment period, unless other terms have been agreed upon. Upgrades are on a monthly prorated basis for the remainder of the term of service.

We do not handle credit cards here on our own site, but rely on a secure third party payment service that has been in business for many years and has a solid track record in the industry for honesty, security and reliability. Your credit card statement will reflect a charge from KAGI, PayPal, or other store/payment procesor.

If your hosting account expires, and you fail to renew within one week, it will be suspended (become inaccessible) unless prior arrangements have been made. Sorry, We are in the hosting business, not the credit business.

Chargebacks If you have a question about charges made to your account, please contact us at once. If the charges were made in error, we will immediately arrange to credit your account appropriately. If you dispute a credit card charge for our services after having received them, we will suspend your account. Undeserved chargebacks for services already received are theft.

Our hosting plans include a 30 day money back guarantee. Should you become dissatisfied for any reason with our services within the first 30 days of your account activation, We will refund your hosting fee, with no hassles. Of course, if you immediately try to sign up again to get a free ride one month at a time, we will not accept your business.

Other refunds: The purpose of billing in advance is to save ongoing billing hassles and credit card fees. If you pay for more than one month and decide to cancel after the thirty days, we will refund your fees on a prorated monthly basis (i.e. there will be no refund for part or all of any month of service used.) We reserve the right to make refunds by a cheque issued within thirty days of cancellation, or by credit card, at our discretion.

Cancellation Policy:

For obvious security reasons, account cancellations must be done via eMail from the same address that was used to activate the account in the first place. We do not accept phone calls for this purpose. Cancellation does not absolve the account holder of any outstanding financial or legal obligations.

We do not cancel hosting accounts for late payment until 45 days have passed. However, domains not renewed expire immediately on the dude date, and we cannot change this registry behaviour. You must renew your domains in time.

Limitation of Liability:

We shall not be responsible for any claimed damages, including incidental and consequential damages, that may arise from our servers going off-line or being unavailable for any reason whatsoever. Further, we shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of our servers. The monetary value of any damages shall be limited to the unused portion of any hosting fee paid by the client.

We shall be the sole arbiter of what is and is not a violation of these acceptable use policies. We reserve the right to terminate an account at any time and for any reason that causes harm to any of our client's web sites or to the reputation of our hosting companies or their parent or affiliated companies or to that of any third party. We reserve the right to delete all content and files upon termination and without transmitting their content back to the client. We reserve the right to withhold any prepaid funds for any site removed for violations of these policies. We reserve the right to refuse, cancel, or suspend service at our sole discretion.

We reserve the right to change these Policies without prior notice or warning. Non-enforcement of any part of these Policies does not constitute consent.

While every effort will be made to respond to trouble reports within 24 hours (excepting Sundays) we will only be liable for the time out of service if it exceeds 24 hours in a month. Claims under this policy asking for an extension of the payment date must be made within ten days after the end of the month in question.

Violations of these Policies should be referred to abuse at WebNameHost.com. All complaints will be investigated promptly.

If you have any questions please contact us.

From Arjay Web Services division of Arjay Enterprises and affiliate of Arjay Books