Terms of Service and Acceptable Use Policy
| Customers may only use WolfPaw Computers' services for lawful purposes. Our acceptable use policy is one of zero tolerance. WolfPaw Computers reserves the right to immediately discontinue service to customer without liability, refund, or continuance of any prepaid service fees. The following are unacceptable uses and shall be cause for the immediate termination of web services without notice to the customer: Illegal Activity: Unauthorized distribution or copying copyrighted software, violation of US export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities. WolfPaw Computers reserves the right to report such illegal activities to any and all-regulatory, administrative and/or governmental authorities for appropriate prosecution. Net Abuse: Spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user) , spoofing (using a return email address which is not the valid reply address of the sender or sending an email message which does not contain enough information to enable the recipient to identify the party who is really sending the message), passive spamming (promoting a web site hosted by WolfPaw Computers by spamming from some other source), trolling (posting controversial messages in newsgroups to generate responses), mail bombing (inundating a user with email without any serious intent to correspond), mail-bombing (sending multiple messages without significant new content to the same user) and subscribing someone else to an electronic mailing list without that person's permission are examples of net abuse. We ask our clients to ensure that every single one of the addresses on their mailing lists is opt-in, double opt-in is preferred. All mailings must also comply with the Federal CAN-SPAM Act of 2003. We shall define "opt-in" as: The owner of every address on an opt-in list must have personally and unambiguously requested that his or her name be placed on such list, and be aware of the purpose of such inclusion. No exception to this rule can be allowed. This means that you cannot subscribe people to your list merely because they are customers of yours, they have corresponded with you in the past or have requested information from you by email or on your website. "Opt-in" implies that you have their explicit permission to send them your publication. Just because a customer has made a purchase from you or your online stores, DOES NOT permit you to solicit or include their email address on ANY mailing list, other than email directly related to the sales transaction. You must get explicit permission from the customer to do so. We also cannot allow you to use unsolicited email messages to advertise any publication hosted on our servers to invite new subscriptions. We will gladly advise you regarding effective and ethical methods of promoting your list. Should we discover, or be made aware, that any client using our hosting services willfully adds addresses to his or her subscriber list without the explicit permission of the owner of those addresses, we reserve the right to immediately terminate the services of the offending client. The same action will be taken in the case of list owners who use unsolicited email to promote their lists. When we are forced to do this, we will not reimburse such clients for any unused services that have been paid for. WolfPaw Computers further reserves the right to charge the offending party for any damages and/or labor caused as a result of these unethical actions. Posting information, violating trademarks, copyrights or other intellectual property rights or intentionally inflicting emotional distress, posting of private, defamatory, scandalous, or information about a person without their consent violates our AUP. In all instances, WolfPaw Computers reserves the right to determine what defines the term 'Net abuse'. Any customer repeatedly "mail bombed" or that attracts such behavior will be asked to leave. If you are not sure if your actions will be in violation, please ask first (abuse@wpcomp.com). Misuse of System Resources: Attempting without authorization to enter into a secured computer system. Hacking or otherwise altering of a site owned and operated by another person. WolfPaw Computers reserves the right to report such illegal activities to any and all-regulatory, administrative and/or governmental authorities for appropriate prosecution. Running programs in the background on a WolfPaw Computers server without WolfPaw Computers' prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses of WolfPaw Computers' servers. Further, any usage of ten percent (10%) or more of our system resources is an undue burden on our system and is unacceptable. Usage of scripts or other utilities to direct pointed domain names to subdirectories is not permitted and is grounds for termination of the account. WolfPaw Computers supports free speech on the Internet, and will not suspend or cancel a customer's account simply because it disagrees with the views expressed by the customer. Where there are allegations that a customer's on-line activity has violated the legal rights of a third party, WolfPaw Computers will not substitute itself for a court of law in deciding tort claims raised by the third party. The following examples of unacceptable behavior are non-exclusive, and are provided for guidance purposes. If you are unsure if your actions will be a violation of our policies please ask abuse@wpcomp.com Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network. Attempts to circumvent any user authentication or security of host, network, or account. Accessing data not intended for user. Probing the security of any network. Spawning dozens of processes. Port scans, ping floods, packet spoofing, forging router information, Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land, teardrop. Promulgation of viruses. IRC bots such as eggdrop or BitchX. Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken. The presence of any of these programs, whether or not run, will result in action against the user including suspension or termination. Client Responsibility. The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of WolfPaw Computers' service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, C, Shell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of WolfPaw Computers to provide this knowledge or support outside matters specific to WolfPaw Computers' servers. WolfPaw Computers shall be the sole arbiter of what is and is not a violation of these acceptable use policies. WolfPaw Computers reserves the right to terminate an account at any time and for any reason that causes harm to any WolfPaw Computers customer's web sites. WolfPaw Computers reserves the right to delete all content and files upon termination. WolfPaw Computers reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. WolfPaw Computers reserves the right to refuse, cancel, or suspend service at our sole discretion. Billing & Invoicing. Invoices are due and payable NET 15, unless prior approval in writing has been made for other payment arrangements. Customers paying by recurring credit card payment WILL NOT be invoiced (except customers on annual plans) unless payment is declined or refused. Credit card customers are billed in one of the following manners:
Effective February 1st 2005, WolfPaw Computers will no longer accept payment via personal or business checks. Due to the rising cost of returned checks, we would prefer not to have to pass these costs on to our customers. For your convenience, we will accept Cashiers Checks, AMEX or Postal Money Orders, Credit Card, and PayPal for payment for services. Cancellation of service: If you wish to cancel your service at any time, such notice must be given in writing fifteen days (15) in advance. Failure to provide 15 day advanced notice shall result in forfeiture of any outstanding credit balance on the account. Accounts must be up to date and may not have any outstanding balance at the time notice is given, to be eligible for any refund or pro-rated refund of any service(s). Backups. Full backups are made weekly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the client's responsibility to maintain local copies of their web content and information. If loss of data occurs due to an error of WolfPaw Computers, WolfPaw Computers will attempt to recover the data at no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action or omission of the client, or his/her agent or assignee, WolfPaw Computers will attempt to recover the data from the most recent archive at a charge of $95/hour. Maintenance. Backups and software upgrades are performed during our Scheduled Daily Maintenance window of 12Midnight to 5am ET. Hardware upgrades/maintenance are performed during our Scheduled Weekly Maintenance window of Mondays between 12Midnight and 5am ET. Emergency maintenance will be performed as needed. In any such case, downtime will be minimized while performing any Emergency Maintenance. IP Addresses. WolfPaw Computers maintains control and any ownership of any and all IP numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. Limitation of Liability WolfPaw Computers shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from WolfPaw Computers' servers going off-line or being unavailable for any reason whatsoever. Further, WolfPaw Computers shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of WolfPaw Computers' servers. 99.9% Uptime Guarantee. If during any one month your web site is not on-line and available 99.9% of the time WolfPaw Computers will, upon request, refund or credit your account with the pro-rata portion of the hosting fees paid represented by the outage. This guarantee only applies to outages caused by WolfPaw Computers or its backbone providers In order for you to receive a credit on your account, you must request such credit within ten (10) business days after you experienced no Web Site Availability. You must request credit by sending an electronic mail message to billing@wpcomp.com . For security, the body of this message must contain your account number, domain name(s), the dates and times of the unavailability of your Web site, and such other customer identification requested by WolfPaw Computers. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event that there is no Web Site Availability. Restrictions: Credits shall not be provided to you in the event that you have no Web Site Availability resulting from (i) scheduled maintenance. (ii) your behavior or the performance or failure of your equipment, facilities or applications, or (iii) circumstances beyond WolfPaw Computers' reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your Web site. Satisfaction Guarantee. WolfPaw Computers is committed to providing top quality services to our customers. Should you be dissatisfied with our services within the first forty-five (45) days, WolfPaw Computers will refund 100% of any setup and hosting fees paid. WolfPaw Computers cannot refund any payments for any third party software or special ordered hardware purchased on your behalf. hardware purchased on your behalf.. WolfPaw Computers will not issues refunds should the account be terminated for any reason other than dissatisfaction within this 45 day period. WolfPaw Computers reserves the right to change the Acceptable Use Policy without prior notice or warning. Non-enforcement of any part of the Acceptable Use Policy does not constitute consent. Violations of these Terms of Service/Acceptable Uses Policies should be referred to abuse@wpcomp.com All complaints will be investigated promptly. |