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Boernenet provides
Internet World Wide Web page hosting, Marketing, and Development.
Boernenet has certain legal and ethical responsibilities consisting with
the use of its server and equipment involved in these services.
Boernenet general policy is to act as a provider of internet presence.
Boernenet has specific ethical concerns regarding the use of its
computers detailed below. Boernenet reserves the right to suspend or
cancel a customer's access to any or all services provided by Boernenet
when we decide that the account has been inappropriately used.
Specific Acceptable Use Policies
Server abuse
Any attempt to undermine or cause harm to a server, or customer, of
Boernenet is strictly prohibited.
Unauthorized use of other people's accounts or computers Boernenet 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 Boernenet customer,
whether or not the attacked account or computer belongs to Boernenet,
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.
Abuse of Unlimited Traffic and/or Unlimited Storage
Boernenet's customers are privileged to be offered unlimited traffic
and/or unlimited storage for their web sites. The intention of Boernenet
is to provide a large space to serve web documents, not an offsite
storage area for electronic files. All (90%) of your web pages (html)
must be 'linked' with files (.GIF, .JPEG, etc.) stored on Boernenet's
server. Web sites that are found to contain either/or no html documents,
a large number of unlinked files are subject to warning, suspension or
cancellation at the discretion of Boernenet management. Any customer who
violates Boernenet's Policies in abusing either space/site transfer will
be notified and given 2 days to remedy the problem. If the problem is
not resolved within the alloted 2 day period, the client will be billed
for the overages.
To maintain the integrity of our service the following limitations
apply:
Sites with Banners, graphics or cgi scripts running from their domain
used on other domains. Sites with picture galleries (This is any site
where 50% of the files transferred is graphics) Sites offering download
files or archives. (This is any site where 50% or more of there monthly
traffic is from file downloads) Sites using more than 30% of system
resources
For those that do not qualify for the unlimited service, traffic will go
unmonitored until you reach 8GB per month. Thereafter, normal data
transfer cost of $20.00/1GB/month will be billed to your account.
Boernenet will be the sole arbiter as to what constitutes a violation of
this provision
Commercial advertisements with e-mail Unsolicited commercial
advertisements are not allowed in e-mail, and will likely result in
account suspension or cancellation.
Commercial advertisements are unwelcome in most Usenet discussion groups
and on most e-mail mailing lists. Inappropriate posting may result in
account suspension or cancellation. See the newsgroup or mailing list's
charter for whether advertising is allowed or not. "Spamming,"
or sending a message to many different off-topic newsgroups, is
particularly unethical and will be treated as such.
Sending a message, especially an advertisement, to more than five or six
recipients, is by itself spamming unless the individuals have
specifically requested to be added to a mailing list on that topic.
E-mail is a person-to-person medium, not a broadcast medium.
Chat Rooms
We do not allow clients to install their own chat rooms, without
approving it with the Boernenet Support Team. Most chat rooms tend to be
large system hogs and we cannot allow it as an account option. However,
we do provide a choice of Java chat rooms for a small extra charge that
will more than fill your needs and run without hindering the performance
of the machine for others. Note: Parachat chat rooms do not apply to
this rule. They are perfectly fine to install.
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 will be incurred
based on system resources used and operational maintenance needed.
IRC
We currently do not allow IRC or IRC bots to be operated on our servers.
Payment Policies
All accounts are set up on a pre-pay basis. Setup fees are charged for
all new accounts and major account changes and are non-refundable. All
pricing is guaranteed for the term of pre-payment. Boernenet 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 Boernenet in writing for a request for termination of services.
All payment is in U.S. currency.
Cancellation
Boernenet reserves the right to cancel service at any time. All fees
paid in advance of cancellation will be pro-rated and paid by Boernenet
if Boernenet institutes it's right of cancellation. Any violation of
policies which results in extra costs will be billed to the customer
(i.e. transfer, space etc.)
Due to security concerns, all account cancellations must be done in
writing via US mail or fax with a valid signature of the primary contact
of the account, account name, zip/postal code if payment was made by
check and reason for cancellation. Phone requests will not constitute
acceptance of any cancellation. Payment will be made by company check
within 15 days of receipt of cancellation.
All of Boernenet's web hosting plans are backed by a 30 day money back
guarantee. 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 and overages.
Setup fees are refundable only if the account order is canceled prior to
activation. For web hosting contracts of 3 months or less, the full
contract amount less any setup fees and overages will be refunded if
Boernenet is notified within the first 30 days following activation. No
refund is available after the 30th day. For web hosting contracts longer
than three months, a refund equal to one half of the contract amount
less any setup fees and overages will be given if Boernenet is notified
prior to the first day of the second half of the contract term. For
example, on a twelve month contract Boernenet must receive the notice of
cancellation prior to the first day of the sixth month of the contract.
No refunds will be given once the second half of the contract term has
begun. This policy does not apply to any additional services such as
overages, additional disk space, additional pop accounts, etc.
Lawful Purpose
Boernenet reserves the right to refuse service to anyone. Customers may
only use Boernenet 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. Boernenet expressly forbids anyone from
using Boernenet servers for the propagation, distribution, housing,
processing, storing, or otherwise handling in any way lewd, obscene, or
pornographic material, or any other material which we deem to be
objectionable, including, but not limited to, pornography, satanic
materials, and any and all materials of an adult nature. The designation
of any materials as such described above is left entirely to the
discretion of Boernenet management.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold Boernenet
harmless from any and all demands, liabilities, losses, costs and
claims, including reasonable attorney's fees asserted against Boernenet,
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 Boernenet against
liabilities arising out of; (1) any injury to person or property caused
by any products sold or otherwise distributed in connection with
Boernenet'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 Boernenet's server.
Disclaimer
Boernenet will not be responsible for any damages your business may
suffer. Boernenet makes no warranties of any kind, expressed or implied
for services we provide. Boernenet disclaims any warranty or
merchantability or fitness for a particular purpose. The includes loss
of data resulting from delays, non-deliveries, wrong delivery, and any
and all service interruptions caused by Boernenet and its employees.
Boernenet reserves the right to revise its policies at any time.
All Sub-Networks, resellers and dedicated servers of Boernenet must
adhere to the above policies.
Failure to follow any term or condition will be grounds for immediate
account deactivation.
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