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Upon signing up for Way2Host's services, all customers agree to comply with Way2Host's Terms of Use. The spirit of this policy is to ensure our customers are using Way2Host's services with due regard to the rights of other Internet users and in conformity with the requirements of Way2Host's network environment.
Illegal Use
Way2Host servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots.
Adult Content
Due to the special system and network requirements of adult-oriented sites, pornography and sex-related merchandising are prohibited. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.
Security
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting..
Server Resources
Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), or reduce the resources used to an acceptable level. Way2Host shall be the sole arbiter of what is considered to be a high server usage level.
All shared web hosting accounts come with a limit of 10,000 files per account. Each block of 5,000 files after the initial 10,000 will incur an additional charge of $9.95/month. In addition, any single email piece is limited to a size of 10MB. All emails larger than 10MB will not be delivered.
Any web hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
CGI Scripts
CGI script sharing with domains not hosted by Way2Host is not permitted. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
Chat Rooms
Way2Host does not allow customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. However, for a small charge, Way2Host provides Java chat rooms that meet most users' needs and run without hindering system performance.
Background Running Programs and Cron Jobs
Way2Host may allow programs to run in the background. These programs will be considered on an individual basis and customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact Way2Host at support@Way2Host.com so that we can arrange set-up.
IRC
Way2Host does not allow IRC or IRC bots to be operated on our servers.
UCE (Unsolicited Commerce Email) - SPAM
Spamming, the sending of unsolicited mass email from or through a Way2Host server or using an email address that is maintained on a Way2Host machine is STRICTLY prohibited. Way2Host will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but reference in the spam a web site hosted on a Way2Host server, or if they sell or distribute software on their web site that facilitates spamming. Violators will be assessed a minimum fine of $200 and will face immediate suspension.
Server Abuse
Any attempts to undermine or cause harm to a Way2Host server or customer are strictly prohibited.
Software Distribution
Way2Host's shared web hosting accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact support@way2host.com to make special arrangements.
Multimedia Files
Multimedia files are defined as any graphics, audio, or video files. Way2Host shared web hosting accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any web site whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files.
Databases
Any database stored on Way2Host's servers shall be limited in size to 10% of the total disk space allotted for that particular domain's plan/web hosting account.
Copyright Violations
The Digital Millennium Copyright Act ("DMCA") sets forth the requirements for valid copyright infringement notification. If you would like to notify Way2Host of an infringement of your copyright, the DMCA requires that you:
1. Send your notification to Way2Host's designated agent. You may choose any of the following three avenues for this notification:
a. Email to support@Way2Host.com
b. Mail or courier to Way2Host, Attention: Abuse, PO Box A3980 Chicago, IL 60690-3980
2. Include in your notification the following information
a. A physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant")
b. Identification of the copyrighted work(s) claimed to have been infringed
c. Identification of the material claimed to infringe the copyright(s), and enough information for Way2Host to locate it
d. The Claimant's name, address, and telephone number(s)
e. A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent
f. A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
Actions Taken by Way2Host
The failure by a customer to meet or follow any of the above Terms of Use is grounds for account deactivation. Way2Host will be the sole arbiter as to what constitutes a violation of the Terms of Use. Way2Host reserves the right to remove any account without prior notice.
When Way2Host becomes aware of an alleged violation of its Terms of Use, Way2Host will initiate an investigation. During the investigation, Way2Host may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Way2Host 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, Way2Host will notify the appropriate law enforcement authorities of such violation.
Way2Host does not issue credits for outages incurred through service disablement resulting from Terms of Use violations.
Way2Host customers agree to indemnify and hold harmless Way2Host from any claims resulting from the use of our services that damages them or any other party. The Way2Host service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Way2Host expressly disclaims any representation or warranty that the Way2Host service will be error-free, secure or uninterrupted. No oral advice or written information given by Way2Host, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Way2Host and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Modification
Way2Host reserves the right to add, delete, or modify any provision of its Terms of Use at any time without notice.
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