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Web Hosting Acceptable Use Of Policy

STPWebhosting.com provides web hosting to many clients, and we have a responsibility to protect each client and to provide the best services available. The following guidelines were designed to ensure these obligations are met.

These Policies, Guidelines, and Disclaimer are intended for all domains residing on STPWebhosting.com servers.

Content:
All services provided by STPWebhosting.com 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 we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless STPWebhosting.com from any claims resulting from the use of the service which damages the subscriber or any other party directly or indirectly.

Pornography and sex-related merchandising is prohibited on all STPWebhosting.com servers. This includes sites that may infer sexual content, or links to adult content elsewhere. STPWebhosting.com will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to STPWebhosting.com servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:
Pirated software
Hacker programs or archives
Proxy site
Warez sites
Any Site running background processes for fetching the data from internet websites
Any Site that consumes more than 10% of system resources

Following are a list of sites that will often require more than 10% of our systems resources: Multiple domains residing at a single IP address, domains with archives or galleries, (i.e. .gif, .jpg, .exe, .zip, .tar, etc.), and domain accounts offering download files. We are not saying that your web site cannot contain such files, however if at any time they consume 10% or more of our systems resources you will be contacted to resolve the problem.

STPWebhosting.com will be the sole arbiter as to what constitutes a violation of this provision, and will have the right to terminate your hosting account without any prior notice without any refunds. We take this very seriously, and will not make any exceptions to this clause

Traffic Usage:
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $2.00 for each gig of traffic exceeded. This amount is not prorated, this meaning that 1 mb - 1 gig will be treated and billed as the same.

All our clients agree that bandwidth and disk usage shall not exceed the maximum number of megabytes per month for the service plan subscribed by the customer.

STPWebhosting.com will monitor subscribers’ bandwidth and disk usage. STPWebhosting.com shall have the right to take corrective actions if subscribers’ bandwidth or disk usage exceeds the Agreed Usage. Such corrective actions may include the assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this Agreement at any time as deemed necessary, which actions that may be taken in the sole and absolute discretion of the STPWebhosting.com. If STPWebhosting.com takes any corrective action under this section, a client shall be entitled to a pro-rated refund of any fees paid in advance prior to such action.

In case of a site residing on a Linux server, an automated notification is sent when the disk/bandwidth usage reaches up to 80% of the agreed limit. The client is thus notified to keep the usage within the allocated limit. However, if the bandwidth and/or disk usage exceeds the allocated limit the domain will be automatically suspended immediately without any further notification to this regard and STPWebhosting.com will not be responsible for any damage/loss arising out of it.

In case of a site residing on a Windows server, we shall notify our clients when their disk/bandwidth usage reaches up to 100% of the agreed limit and request them to either restrict it or to go for extra space / bandwidth. If he fails to do so then the concerned account will be suspended and STPWebhosting.com will not be responsible for any damage/loss arising out of it.

Domain Name Registration :
STPWebhosting.com assists its clients to have a domain name registered with ICANN approved registrars just for the sake of assistance only. Under no circumstances STPWebhosting.com will own or otherwise control any domain name/s registered on behalf of its clients. All the subscriber/clients of STPWebhosting.com have waived any and all claims which they may have, or which may later arise against STPWebhosting.com for any and all damages, losses, claims or expenses arising or related to the acquisition, registration, ownership or any other related issues of the Domain Name. Any cost incurred by STPWebhosting.com – except for the Domains Name Registrations offered with some business promotion schemes – to obtain and / or maintain the Domain Name on behalf of its clients shall be charged to them by STPWebhosting.com.

We are providing this assistance considering that all our subscribers/clients have gone through ICANN guidelines placed at http://www.icann.org/udrp/udrp-policy-24oct99.htm and understood them.

Copyright Infringement:
STPWebhosting.com supports the protection of intellectual properties and copyrighted materials hence we have provided following guidelines to take care of copyright infringements complaints.

Notice for Making Claim for Copyright Infringement:

Under Title 17, United States Codes, the notification of Claimed Infringement must include certain information. Therefore, all the claims pertaining to infringement of copyright materials must be submitted to support@STPWebhosting.com along with the following necessary information for further course of actions: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work that claimed to have been infringed; (3) The URL and other information reasonably sufficient to permit us to locate the copyrighted material; (4) Your name, address, phone number and email address; (5) A statement that you have a good faith, belief that the use of the materials in the manner complained of, is not authorized by the copyright owner, its agent or the law; (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

When we have all required information as prescribed above, we shall take necessary steps to remove or disable the access to the materials in question, regardless of whether the materials or activities is determined to be infringing, if selection action is not possible STPWebhosting.com will terminate the infringer’s account with us.

STPWebhosting.com will also take reasonable steps to promptly notify the alleged infringer in writing of the claim against him or her, and that it has removed or disabled access to the material or terminated Internet access (see Sections 512(c)(1)(C) and (g) of the Digital Millennium Copyright Act).

Notice of Counter Notification:

On receipt of the notification of infringement of some copyrighted materials and the subsequent actions taken by STPWebhosting.com the client may provide a counter notification along with following mandatory information as stated below:

(1) It must be sent to support@STPWebhosting.com within 10 days from the receipt of the said copyright infringement notification;

(2) A physical or electronic signature of the subscriber;

(3) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

(4) A statement, under penalty of perjury, that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

(5) Your name, address, phone number and email address;

(6) A statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the subscriber’s address is located, or if the address is outside of the USA, for any judicial in which the service provider may be found, and the subscriber will accept service of process from the person who provided notification or an agent of such person.

On receipt of counter notification from the subscriber STPWebhosting.com will provide the complaining party a copy of the Counter Notification and inform the complaining party that it will replace the removed materials or cease disabling access to it within 10 business days from the receipt of the Counter Notification. STPWebhosting.com will then cease the disabling access to the removed material or replace it in not less than 10 days nor more than 14 business days following the receipt of the counter notification, provided STPWebhosting.com has not received notice from the complaining party that an action has been filed seeking a court order to restrain subscriber from engaging in infringing activities relating to the materials on STPWebhosting.com’s network or system.

CAUTION:

(1) Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the STPWebhosting.com’s system/s should be sent ONLY to our support@STPWebhosting.com.

We caution you that under Federal Law, if you knowingly misrepresent that online material is infringing, you may be subject to heavy civil penalties. These include monetary damages, court costs, and attorney’s fees incurred by us, by any copyright owner, or by any copyright owner’s licensee that is injured as a result of our relying upon your misrepresentation. You may also be subject to criminal prosecution for perjury.

(2) Pursuant to Title 17, Section 512(f) of the United States Code, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

IP Address Ownership:
If STPWebhosting.com assigns a subscriber an IP address for use with the subscription, the right to use that IP address shall belong only to STPWebhosting.com and the subscriber shall have no right to use that IP address except as permitted by the STPWebhosting.com. We shall maintain and control the ownership of all IP numbers and addresses that may be assigned to subscribers by us. The STPWebhosting.com reserves the right to change or remove all such IP numbers and addresses in its sole and absolute discretion, at any time.

Commercial Advertising / Unsolicited Bulk e-Emails (SPAM):
Spamming, or sending of unsolicited emails from an STPWebhosting.com server or using an email address or domain that is maintained on an STPWebhosting.com machine as reference is STRICTLY prohibited. This means that clients of STPWebhosting.com will not use or permit others to use our network to transact in UCE (Unsolicited Commercial Emails). Violation of STPWebhosting.com's SPAM policy or anyone causing any of our IP space to be listed in any of the various Spam Databases will result in severe penalties.

Apart from it we also hereby prohibit:

(1) any kind of News Bombing activities through emails that obstructs another people's use of e-mail services or news;

(2) any activity that is involved in forging any message header, in part or whole of any electronic transmission origination or passing through the STPWebhosting.com service;

(3) the use of the STPWebhosting.com service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of STPWebhosting.com's or another entity's computer software or hardware, electronic communication system, or telecommunication system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited offending.

Upon notification of an alleged violation of our SPAM and other email policies listed as above, STPWebhosting.com will initiate an immediate investigation (within 48 hours of notification). During the investigation, STPWebhosting.com may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, STPWebhosting.com may, at its sole discretion, restrict, suspend or terminate customer's account. Further, STPWebhosting.com reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. STPWebhosting.com will notify law enforcement officials if the violation is believed to be a criminal offense. First violations of this policy will result in an "Administrative Fee" of $200 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $400 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $180 per hour that STPWebhosting.com personnel must spend to investigate the matter. STPWebhosting.com will be the sole arbiter as to what constitutes a violation of this provision.

Though we do not allow any form of SPAMMING from our servers and make sure that no such activities are done from our server, we DO NOT support email forwarding facility through AOL, comcast.net, att.net, msn.com, hotmail.com, live.com, msn.net, tm.net.my, streamyx.com, yahoo.com, gmail.com, rocketmail.com because it has been our experience that instead of tracing the origination of the SPAMING they blacklist and block the immediate source of email thus jeopardizing the entire email activities en-routed through them.

CAUTION: The email sending limit has been set to 150 emails/hr per domain for the users of Windows Hosting Plans, whereas this limit for Linux users has been set to 60 emails/hr per domain. Exceeding this limit may result into interruption of email services. It may further be noted that maximum attachment limit is set to 10 MB.

Catch All Accounts - Email:
In order to avoid any possible negative impact on the performance of our mail server we strongly discourage all our clients to have “catch all” email accounts for their domains. It is observed that majority of the performance issues of a mail server are attributed to “catch all” mail accounts which are often being targeted by the spammers.

It is also observed that the domains having “catch all” mail accounts are targeted by spammers by making a dictionary spam attack on it. It is a spamming technique in which a spammer sends out million of emails with mail addresses generated randomly using combination of letters added to a known domain name in the hope of reaching a percentage of actual email addresses. When this happens a mail servers has to accept a massive flood of spam messages and eventually it has to waste its valuable resource and processing time to deal with it. Sometime this makes the mail server completely unresponsive. In some cases it becomes next to impossible to get rid of the problem even after removing the “catch all” email account, because by the time we remove it, the spammer may have successfully delivered thousands of unique accounts and they now continue to send emails on daily basis.

Considering above facts and also to avoid any possible inconvenience to any of our clients we strongly recommend you to use email forwarder instead of “catch all” email accounts.

CAUTION: If we find any account/s which is causing problems to the normal function of our email server in whatever form, we shall immediately suspend all such domain/s without any prior notification. Though currently we do not curb any restrictions on any of our clients with regard to “catch all” email account/s, we reserve our rights to review, modify or change this policy appropriately as per the need at any time without any further or prior notification to this regard.

Chat Rooms
We do not allow clients to install their own chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option.

We currently do not allow IRC or IRC bots to be operated on our servers.

Background Running Programs:
We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

CAUTION: STPWebhosting will allow the Cron jobs or schedulers to run for maximum thrice a day to avoid undue load on the server. If in case, there is some special requirement to run the Cron jobs/schedulers more than three times a day then we should be contacted at support@STPWebhosting.com with justifiable reasons.

Server Abuse:
Any attempt to undermine or cause harm to a server, or customer, of STPWebhosting.com is strictly prohibited. Refusal of Service:

We reserve the right to refuse, cancel, or suspend service at our sole discretion. All Sub-Networks, distributive hosting sites and dedicated servers of STPWebhosting.com must adhere to the above policies.

BILLING:
Modern Bill (NON RECURRING BILLING):
For all the clients that have signed up using the Modern Bill system, renewal of account WILL NOT BE billed automatically. An email invoice with a payment link will be sent to the client’s email address on record, at or around the time of renewal, and it is the client’s responsibility to ensure they pay through this payment link. Failure to pay will result in the account being deactivated/deleted.

IMPORTANT NOTE: Please do not send over payment. Pay ONLY the amount that is stated on the invoice. Modern Bill will not recognize advance/over payment, and therefore any advance/over payment WILL NOT be credited to your account and can lead to the suspension/removal of your hosting account and/or the loss of domain.

Recurring Billing:
We DO NOT send out invoices. All credit cards are billed automatically for renwal of account/plan. It is the clients responsibility to ensure that they have sufficient credit to cover this transaction. In the event that credit card is failing to bill, as a courtesy we will send an email notification at which point we will need to be provided with another credit card within 24 hours. If we do not receive a response within 24 hours the account will be deactivated/deleted and any accounts under that account plan.

If you are using a recurring PayPal payment, you agree that your account will be billed automatically for the renewal of your account/plan. It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. An email invoice will be emailed to the client’s admin email account prior to the due date. The payment will be made automatically against this invoice from your PayPal account, given adequate funds is in the assigned account.

Refund Policy :
STPWebhosting.com offers a 90 days money back guarantee only on our web hosting services. Domain names registered / transferred / renewed through our services are subject to the yearly domain registration fee of $8.99. If you decide to cancel your hosting account within the 90 days period, you will receive a full refund on the hosting fees. The domain registration fees are non-refundable. Domain names can be transferred to an alternate domain registrar or you can point to alternate hosting provider.

Under no circumstances, STPWebhosting will entertain any claim of refund for (1) SSL Certification Charges (2) WebSite Builder Charges (3) Domain Name Registration Charges and (4) Set Up Fee in case of cancellation of your order (5) Any account that is terminated by us within the guarantee period because of violation of any of the terms of this TOS will not be eligible to get any refund whatsoever it is.

Invoices that have been paid more than once with multiple Paypal/Credit Card Subscriptions can only be added as credit towards the account and cannot be refunded.

Charge backs:
Incase if a customer withdraws his payments via bank or CC using a charge back it may be subject to a punitive fee of $20, if STPWebhosting.com deem this chargeback to be unfair. STPWebhosting.com reserves its right to defend this type of charge backs and recover the original monies from the card issuer.

Account Deactivations:
Your account can be cancelled ONLY by initiating a cancellation request using STPWebhosting.com’s Account Manager. Any other methods of requesting a cancellation are not valid. Once the cancellation form is submitted from the Account Manager, the account will be cancelled within two to five business days.

Any account deactivated due to non-payment will be deactivated and we require a reactivation fee of $50.00 to be paid prior to reactivating the account.

**Please note: Domain Name Registration fees WILL NOT be refunded.** **Free Domain registration is provided for the initial year of the hosting only. For subsequent year clients are required to renew their domain manually.**

Mid term account cancellation (registered under annual contract) initiated by customer is subject to management approval. For any mid-term account cancellation initiated by customer, STPWebhosting.com requires 1 month of notice period. Mid term account cancellation initiated by customer will be charged $20 cancellation fees.

To downgrade an account, STPWebhosting.com will charge $20.

REFUSAL OF SERVICE:
STPWebhosting.com reserves the right to refuse, cancel, or suspend service at our sole discretion without any refunds.

LIMITATION OF LIABILITY:
STPWebhosting.com shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from STPWebhosting.com servers going off-line or being unavailable for any reason whatsoever. STPWebhosting.com will not be held liable for the failure for whatever reason to register/renew a domain name or the loss of registration or processing of a domain name or the use of a domain name. We daily maintain backup of your website if it is offered in your hosting plan. Considering the fact that backup files may get corrupted or lost or get damaged due to any unknown reason, we recommend you to maintain a local backup copy of your website. Email backups are not provided. It is the responsibility of the client to ensure all emails are downloaded. In the event a website is removed due to billing or other violations, and/or due to a system failure, STPWebhosting.com is not responsible for email and/or website backups. Furthermore, STPWebhosting.com shall not be responsible for any claimed damages, including incidental or consequential damages of your backup files, lost websites, lost databases - resulting from the corruption or deletion of any web site from one of STPWebhosting.com servers. All damages shall be limited to the immediate termination of service. STPWebhosting.com regularly retains the service of various data centers, web hosting companies, and other vendors in order to provide STPWebhosting.com’s customers with the services our Company offers. Although STPWebhosting.com takes careful measures in selecting these vendors, STPWebhosting.com is not responsible for any losses STPWebhosting.com’s customers may incur as a result of these vendor’s actions or their breach of any service contract with STPWebhosting.com. Upon such breach of a service contract, STPWebhosting.com will make every effort to contact the affected customer and offer an alternate service and/or prorated refund. STPWebhosting.com provides many free components to its clients as a value addition to its services, these are often third party software and thus STPWebhosting.com does not have any control over them. This is purely a complementary offer which is free of cost and therefore under no circumstances STPWebhosting.com is responsible for any downtime or any other losses arising out of improper function, up-gradation or failure of these third party software, or any other issues thereof. It will be a sole responsibility of a client to ensure the proper function, the up-gradation and any coding related or any other issue of all such free components. STPWebhosting.com will however, assist its clients to upgrade the version as per their request and guidelines in all possible cases.

Violations of these Acceptable Uses Policies should be referred to:

hosting@ STPWebhosting.com

All complaints will be investigated promptly.

Failure to follow any term or condition will be grounds for immediate account deactivation.

DISCLAIMER:
STPWebhosting.com cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by STPWebhosting.com are resold. Thus, certain equipment, routing, software, and programming used by STPWebhosting.com are not directly owned or written by STPWebhosting.com. Moreover, STPWebhosting.com holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as STPWebhosting.com sees fit.

ACCOUNT ACTIVATION:
By activating your account with STPWebhosting.com, you agree to the above policies and disclaimer. Upon requesting an account activation, you are required to accept these policies, guidelines, and disclaimer.

POLICY AND TERMS FOR DEDICATED SERVERS:
Apart from providing shared web space, we also provide the service of dedicated servers. Following are the additional terms and conditions for dedicated servers (in addition to the terms and conditions for web space clients, which also apply to dedicated server clients):

(1) The minimum contract term for dedicated server is six months. Once an order for a dedicated server is placed it can not be cancelled before six months or against the payment in lieu thereof. However, in case of non-compliance of the terms stipulated, the contract will be terminated by STPWebhosting.com before end of the term without providing any refund.

(2) STPWebhosting.com is not responsible for any data loss. Customers are responsible for keeping local backup files of all sites. Any backup services provided by STPWebhosting.com are at our discretion and are not guaranteed unless otherwise specified under separate contract. Restoration of files from backup may incur restoration fees.

NOTICE:
STPWebhosting.com retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification. We also retain the right to change any pricing, and make changes to our account plans without notification, however change in pricing will not affect your existing order.

**If your account is found to contain illegal activity, Illegal MP3 Files, Pirated software, hacker programs, Warez programs, or any other illegal files, your account will be terminated immediately without notice and a $50.00 Cancellation fee will apply. ** Also the proper (and your local) authorities will be notified of your actions.

**Please understand, that if your account is terminated due to the misuse of your account resulting from spam or any other methods prohibited by our service, your hosting account will be immediately suspended/deleted without any prior notification, and you will not be refunded under any circumstances.

 
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