Scottcrew Hosting Terms & Policies
Scottcrew Hosting will never require client to advertise for Scottcrew Hosting on their website in any way shape or form. Client is allowed to use site for business/commercial or personal websites or content.
Content:
All services provided by Scottcrew Enterprises LLC and/or
Scottcrew Hosting may be used for lawful purposes only.
Transmission, storage, or presentation of any information, data or
material in violation of any United States Federal, State or City law
is prohibited. This includes, but is not limited to: copyrighted
material, material that is threatening or obscene, material that is
"adult only" content, or material protected by trade secrets and other
statue. The subscriber agrees to indemnify and hold harmless Scottcrew Enterprises LLC and/or Scottcrew Hosting from any claims
resulting from the use of the service which damages the subscriber or
any other party.
Note: Pornography and sex-related merchandising are prohibited on any server. This includes sexual content, or direct 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. Links to such materials are also prohibited and accounts will be terminated without notice. Scottcrew Enterprises LLC and/or Scottcrew Hosting will be the sole arbiter as to what constitutes a violation of this provision.
Examples of non-acceptable content or links
- Pirated software
- Hacker/Cracker programs, lists and/or archives
- Warez Sites
- Porn
- Spamming Software
- Security and/or Bug Reports
- Unsecure Forms and Mailers
- Carder Info and Links
- IRC software (client or host) on servers of any type (no exceptions)
Scottcrew Enterprises LLC and/or Scottcrew Hosting will be the sole arbiter as to what constitutes a violation of this provision.
Background Running Programs:
As a general rule we do not allow 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 you to link to or use IRC or IRC bots such as eggdrop, and BitchX on our servers.
CGI / PHP Scripts
Each Scottcrew Hosting account comes fully equipped to handle
cgi and perl scripts from any directory in your hosted area. There is
also a standard cgi-bin for higher script security and it is
recommended that you place your scripts there whenever possible . Any
CGI or PHP scripts deemed to be adversely affecting the server
performance or the network integrity may be shut down without prior
notice. CGI / PHP script sharing with domains not hosted by Scottcrew Enterprises LLC and/or Scottcrew Hosting is not allowed. Bulk
PHP mailers are also prohibited and if found on account can result in
closure of account.
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) can be
suspended without notice, and then may be given an option of
either upgrading their service level or reducing the resource used to
an acceptable level. If an account dominates 20% or more of a servers
resources at any point in time, then the account will be suspended.
Distribution and/or Transmission of Obscene or Indecent Speech or Materials
Violation of indecency and obscenity laws can result in criminal penalties.
Intellectual Property Rights
Material accessible to you through Scottcrew Enterprises LLC and/or
Scottcrew Hosting's Services may be subject to protection under
the United States or other copyright laws, or laws protecting
trademarks, trade secrets or proprietary information. Except when
expressly permitted by the owner of such rights, you must not use the
Scottcrew Enterprises LLC and/or Scottcrew Hosting Service in a
manner that would infringe, violate, dilute or misappropriate any such
rights, with respect to any material, which you access or receive
through the Scottcrew Enterprises LLC and/or Scottcrew Hosting
Network. If you use a domain name in connection with the Scottcrew Enterprises LLC and/or Scottcrew Hosting Service or similar service, you must not use that domain name in violation of any
trademark, service mark, or similar rights of any third party.
Network Security
Customers may not use the Scottcrew Enterprises LLC and/or
Scottcrew Hosting Network with an attempt to circumvent user
authentication or security of any host, network, or account. This
includes, but is not limited to, accessing data not intended for the
customer, logging into a server or account the customer is not
expressly authorized to access, password cracking, probing the security
of other networks in search of weakness, or violation of any other
organization's security policy. Customers may not attempt to interfere
or deny service to any user, host, or network. This includes, but is
not limited to, flooding, mail bombing, or other deliberate attempts to
overload or crash a host or network. Scottcrew Enterprises LLC and
Scottcrew Hosting will cooperate fully with investigations of
violations of systems or network security at other sites, including
cooperating with law enforcement authorities in the investigation of
suspected criminal violations. Users who violate system or network
security may incur criminal or civil liability.
Defamation
Defamatory speech distributed over the Internet can result in civil liability for the defamer.
Refusal of Service
Scottcrew Enterprises LLC and/or Scottcrew Hosting reserves
the right at its sole discretion to refuse or cancel service. Violation
of any of Scottcrew Enterprises LLC and/or Scottcrew Hosting's
Rules and Regulations could result in a warning, suspension, or
possible account termination. Accounts terminated due to policy
violations will not be refunded.
Payment
Establishment of this service is contingent upon receipt of payment
from Customer to Scottcrew Enterprises LLC Subsequent payments are
due on the anniversary date of the month for that month's service,
unless customer requests all monthly payments to be consolidated to one
specific billing date. Any additional services relative to a primary
hosting account, will be prorated to the primary hosting account's
monthly or annual recurring billing date, along the following
guidelines of prorating methodology: (total monthly fees/ 30) * number
of days to monthly recurring billing cycle, or is annual: months
remaining /12. Any setup fees will be charged full setup fee pricing,
and are applied at time of initial request of such services.
Payments and Fees
Payment is due on the defined monthly recurring billing date of month
or year if annual. Credit cards that are declined for any reason are
subject to a $15.00 declination fee. Service will be interrupted on
accounts that reach 10 days past due. Service interrupted for
nonpayment is subject to a reconnect charge (in addition to late fees):
$25.00 for hosting accounts, and $200 for dedicated
or virtual servers. Accounts not paid within 7 days of the due date are
subject to a $9.95 late fee. Accounts that are not collectable by
Scottcrew Enterprises LLC and/or Scottcrew Hosting will be
turned over to an outside agency for collection. If your account is
turned over for collection, you agree to pay the company a "Processing
and Collection" Fee of not less than Seventy-Five ($75.00) nor more
than Two Hundred ($250.00)
Delinquent Accounts:
Scottcrew Enterprises LLC and/or Scottcrew Hosting may
temporarily deny service or terminate this Agreement upon failure of
Customer to pay charges when due. Such termination or denial will not
relieve Customer of responsibility for the payment of all accrued
service fees, or any collection fees.
Transfer of Service / Dropping useage of primary Domain Name:
Accounts transferring service to another host may not transfer hosting
to another domain name. Useage of site as an IP address only is not
allowed (ie: with no domain name associated with site). Account must be
closed and re-purchased. However, at Scottcrew Enterprises LLC and/or
Scottcrew Hosting's sole descretion, original accounts may be
transferred to another primary domain name only upon written approval
and receipt of a $75 transfer/setup fee.
Spam Or Unsolicited E-Mail: You must not use the Scottcrew Enterprises LLC and/or Scottcrew Hosting Network, Scottcrew Enterprises LLC and/or Scottcrew Hosting equipment or any Scottcrew Enterprises LLC and/or Scottcrew Hosting email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Scottcrew Enterprises LLC and/or Scottcrew Hosting Network, Scottcrew Enterprises LLC and/or Scottcrew Hosting equipment or any Scottcrew Enterprises LLC and/or Scottcrew Hosting email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.
If you are found to have spammed, without warning, Scottcrew Enterprises LLC and/or Scottcrew Hosting reserves the right to disable your domain. In addition, Scottcrew Enterprises LLC and/or Scottcrew Hosting may impose a $750 (US) penalty for each spam policy violation. Scottcrew Hosting solely reserves the right to refuse or cancel service to known spammers. Lastly, Scottcrew Enterprises LLC and/or Scottcrew Hosting reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
As such, any violation will result in immediate deactivation of services without refund.
Abuse:
Any attempts to undermine, slander, libel, threaten, swear at, or cause
harm to a Scottcrew Enterprises LLC and/or Scottcrew Hosting
server, customer, employee, or the parent company (Scottcrew Enterprises LLC.) directly or indirectly is strictly prohibited and is grounds for immediate termination without refund. In addition, we
will pursue any and all attempts to the fullest extent of the law.
Refunds:
If account is terminated by client (you) within 30 days of the signup
date, a full refund will be given. If account is terminated,
deactivated and/or suspended by Scottcrew Enterprises LLC and/or
Scottcrew Hosting for violation of these terms of service and
useage policies, no refund will be given at all. No refunds given on
domain name registration fees, extra bandwidth charges, Reseller
Accounts, Dedicated Servers, Virtual Servers, and other Resold
Accounts/Services. No refunds will be given after 30 days from the date
of signup. No refunds given for additional bandwidth charges, extra
add-on hosting services, web design, managed cart services, domain
registrations, and/or other fees incurred during hosting. If a balance
is due at time of refund, balance due will be subtracted before refund
is given.
Indemnification:
Customer agrees that it shall defend, indemnify, save and hold Scottcrew Enterprises LLC. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted
against Scottcrew Enterprises LLC, 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 Scottcrew Enterprises LLC against
liabilities arising out of; (1) any injury to person or property caused
by any products sold or otherwise distributed in connection with
Scottcrew Enterprises LLC server; (2) any material supplied by
customer infringing or allegedly infringing on the proprietary rights
of a third party and (3) copyright infringement. Customer agrees to
limit the liability of Scottcrew Enterprises LLC to the amount paid
for service.
Disclaimer
Scottcrew Enterprises LLC will not be responsible for any damages
your business may suffer. Scottcrew Enterprises LLC makes no
warranties of any kind, expressed or implied for services we provide.
Scottcrew Enterprises LLC disclaims any warranty or merchantability
or fitness for a particular purpose. This includes loss of data
resulting from delays, non-deliveries, wrong delivery, and any and all
service interruptions caused by Scottcrew Enterprises LLC, it's
vendors, and its employees. Scottcrew Enterprises LLC reserves the
right to amend or update these policies without notice. Failure to
follow any terms and conditions may result in account deactivation.
Scottcrew Enterprises LLC. furthermore expects that its customers who provide Internet services to others will fully comply with all applicable laws concerning the privacy of online communications. A customer's failure to comply with those laws will violate this policy. Finally, Scottcrew Enterprises LLC. wishes to emphasize that in accepting services, customers indemnify Scottcrew Enterprises LLC for the violation of any law or Scottcrew Enterprises LLC policy, that results in loss to Scottcrew Enterprises LLC or the bringing of any claim against Scottcrew Enterprises LLC. This means that if Scottcrew Enterprises LLC. is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Scottcrew Enterprises LLC, plus costs and reasonable attorneys' fees.
If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation.
Scottcrew Enterprises LLC. reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice