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Here you
will find various documents pertaining to agreements you might have
with Crucial Servers LLC. As well as request forms for additional
Internet Addresses. This page will be updated as our operation
documents adjust. Please keep in mind all NDA and NON-COMPETE
agreements will NOT be listed here.
MISCELLANEOUS
Crucial Servers
reserves the right to change this agreement at any time
without notice. By using our services or purchasing our products
you agree to these terms of service and agrees to be bound by them at
all times. By making use of Crucial Servers you must be (18) years of
age to access the Internet from the customers internet service Crucial
Servers, if your under (18) years of age the Customer of the account
is responsible for all access to any information that might be viewed
as unsuitable. You the customer also agrees to hold harmless and
indemnify Crucial Servers for any claims or charges that arise from
said minor's use of service.
You the customer
acknowledge that the internet contains some information that
may be deemed offensive, obscene, or adult in nature, If you choose to
access such material this is at your own risk, and agree that Crucial
Servers has no control over what material is rated obscene or adult in
nature hosted inside our network or outside our network. If an account
on our systems is hosting such material that offends minors or
something that Crucial Servers can considered objectionable Crucial
Servers will remove such content with an email notification only, and
you agree to keep your email changes updated with Crucial Servers
sales and billing department. If any this Agreement is held or
un-enforceable, such content shall be struck and the remaining terms
will be in good standing.
SERVICE
Crucial Servers
makes no warranty of its service and availability (SEE
SLA), and Customer understands and agrees that Crucial Servers
services may be terminated for not abiding by our TOS or SLA. Customer
is solely responsible for any losses, damages, or an expense related
to service failure, whether caused by Crucial Servers or a customer,
and agrees that Crucial Servers shall not be liable for any or all of
same, even if caused by Crucial Server's own negligence.
You the customer
of Crucial Servers agrees to indemnify and hold Crucial Servers wholly
harmless from and against any and all liabilities that may arise as a
result of failure or services, equipment and or software of Crucial
Servers, with exceptions of misconduct or omissions of Crucial
Servers, but including attorney fees if any will apply.
We like to work
with companies or individuals with high business ethics if at anytime
your ethics do not meet our criteria your account might be suspended
or terminated.
RESPONSIBILITIES
Customer shall not
intentionally allow unauthorized connections to Crucial Servers, this
includes account sharing, or unauthorized reselling of Crucial Servers
services, nor shall Customer in any way duplicate any Crucial Servers
materials, advertising and the like or any other information which is
proprietary to Crucial Servers (including web site).
Unacceptable use includes, but is not limited to, any of the
following:
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Attacking
services and servers
provided by Crucial Servers or its customers (known as Hacking).
Activities include, but it not limited to, tricking other people
into releasing their password (known as ‘Internet Scanning’,
password robbery, port scanning...
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DDoS Attacks
caused by you or your customers directly or indirectly in regards to
services we PROHIBIT including IRC will be subject
to penalties and fines.
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Unauthorized accessing
or using of data, systems or networks including explore, scan or
test the vulnerability of a system or network or to breach security
or authentication measures without authorization of the system’s or
network’s owner.
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Unauthorized monitoring
of data or traffic on any network or system without permission from
the system or network owner.
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Interfering
with service to any user, host or network including, without
limitation, mail bombing, flooding, intentional attempts to overload
a system and broadcast attacks.
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Forging
of any TCP-IP packet header or any part of the header information in
an email or a newsgroup posting.
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Posting,
transmitting, or allowing Internet access to information the
customer desires to keep
confidential.
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Distributing
information related to the creation of and sending
Internet viruses,
worms, Trojan horses, pinging or denial of service attacks.
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Sending
Unsolicited Bulk
Email/Unsolicited Commercial Email (UBE/UCE) over
the Internet (also known as "Spamming").
Crucial Servers defined UBE/UCE as any electronic communication
included but not limited to e-mail, ICQ, IRC, Instant Messenger,
etc. sent to a recipient who has not agreed to receive such
communication for the purpose of distributing commercial information
of any kind, soliciting the purchase or sale of products or services
or soliciting any transfer of funds. Such activities not only
overload Crucial Servers’s network but also caused disruptive
service to Crucial Servers’s customers. Violations of this activity
or related activity may result in the
Immediate Termination
of your account. Must be in compliant with the
CAN SPAM ACT OF 2003 when sending solicited emails.
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Sending unsolicited
mail messages, including the sending of "junk mail" or other
advertising material to individuals who did not specifically request
such material, who were not previous customers of the customer or
with whom the customer does not have an existing business
relationship (e.g., E-mail "spam"); or distributing, advertising or
promoting software or services that have the primary purpose of
encouraging or facilitating unsolicited commercial E-mail or spam.
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Sending or
advertising any
Fraudulent, malicious, false or misleading
electronic communications including, but not limiting, chain
letters, pyramid schemes etc.
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Advertising
services or sites via
IRC, MESSAGE BOARDS... in clear violation of the
policies of the IRC MOTD (if your account has been accepted for IRC
use) or USENET group is also strongly prohibited.
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Transmitting or
posting any Defamatory,
Harassing, Abusive or Threatening Language through
Crucial Servers’s system or network.
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Copying,
posting, transmission, re-transmission or storing material through
Crucial Servers’s products or services, its right is protected by
the Intellectual Property
law is strongly prohibited included, but not limited to,
Copyright, Trade Secret, Patent,
Trade Mark, or any other intellectual property laws
or regulations.
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Distributing or
delivering Illegal
Activities included, but not limited to illegal
drugs, illegal gambling, obscene materials or any products or
services that are prohibited under applicable legislation.
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Posting any
Child Pornography
over the Crucial Servers Network included, but not limited to,
films, video or any type of presentation that show a person who is
or is depicted as being under the age of 18 years old and is engaged
in or is depicted as engaged in explicit sexual activity. Crucial
Servers will fully cooperate with any criminal investigation into
customer’s violation of the Child Protection Act 1984.
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Using or sharing
IP addresses,
which were not assigned to them by Crucial Servers. Any server found
using unofficially assigned IPs will be suspended from network
access until IP overlap has been corrected.
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Other
Unlawful Activities
included, but not limited to advertising, transmitting or making
available pyramid schemes, fraudulently charging credit cards, and
pirating software.
SECURITY
Information
transmitted over the Internet and/or other computer networks is
generally not considered to be secure. While Crucial Servers respects
the privacy of our customers, the Customer understands that there is
no guaranteed privacy on the Internet. That Crucial Servers cannot be
liable or responsible for any viewing or interception of internet
material. All of Crucial Servers accounts come NON managed,
if your server becomes compromised you will need to pay a fee of $75
for Crucial Servers to reinstall your OS. All efforts to regain data
will
be free of charge up to (1) one
hour.
ILLEGAL PURPOSES
Crucial Servers
services and accounts may only be used for lawful purposes. Use of a
Crucial Servers account or service in an illegal manner is grounds for
immediate termination. Customer agrees to hold harmless and indemnify
Crucial Servers against any claims or charges that arise from
Customer's use of Crucial Servers services and/or accounts.
Use of a Crucial
Servers account to gain passwords, encryption codes, or other security
information of Crucial Servers or other sites on any computer network
is grounds for immediate termination and, if illegal, will be reported
to the proper authorities. Use of a Crucial Servers account to break
into a Crucial Servers or other site's machine is also grounds for
immediate termination and will be reported to the affected site and
the proper authorities.
You agree Crucial
Servers may hold your hardware or equipment for as long as Crucial
Servers needs too pending investigation after Termination or during
Suspension Period.
ADULT HOSTING
Using your
Collocation or web hosting account to host adult material must be
approved by Crucial Servers. We allow adult hosting with approval, and
its content is in legal nature.
IRC ACCESS
IRC Access
is strictly PROHIBITED
. If your web site
needs chat hosting (Java) and uses a form of IRC it will be allowed
with approval. NO Other acceptations
will be permitted.
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