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Barron Hosting's
Acceptable Use Policy ("AUP") is provided to give our customers and
users a clear understanding of what Barron Hosting expects of them while
using the service. All users of Barron Hosting's web hosting services: those
who access some of our Services but do not have accounts, as well as those
who pay a service fee to subscribe to the Services, must comply with this AUP
and our TOS (Terms of Service).
While Barron Hosting is
firmly committed to the principles of free speech, certain activities that
may be damaging to the resources of both Barron Hosting and the Internet and
cannot be permitted under the guise of free speech. The resources of Barron
Hosting and the Internet are limited, and abuse of these resources by one
user has a negative impact on the entire community.
Security You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
Network Performance You are prohibited from
excessive consumption of resources, including CPU time, memory, disk space
and session time. You may not use resource-intensive programs which
negatively impact other customers or the performances of Barron Hosting's
systems or networks. Barron Hosting reserves the right to terminate or limit
such activities.
E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. Barron Hosting may take any one or more of the following actions in response to complaints:
REVISIONS TO THIS ACCEPTABLE USE
POLICY Copyright 2002 Barron Hosting |
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TOS |
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All provisions of this
contract are subject to the TOS (Terms of Service) of Barron Hosting and AUP
(Acceptable Use Policy). The AUP may be changed from time to time at the
discretion of the Company. Subscriber understands that change to the AUP by
the Company shall not be grounds for early contract termination or
non-payment.
The
AUP specifically
prohibits the use of our service for illegal activities. Therefore,
Subscriber agrees that the Company may disclose any and all subscriber
information including assigned IP numbers, account history, account use, etc.
to any law enforcement agent who makes a written request without further
consent or notification to the Subscriber. In addition Barron Hosting shall
have the right to terminate all service set forth in this Agreement.
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers. Barron Hosting will never change your rates, as long as you remain a subscriber in good standing.
Establishment
of this service is dependent upon receipt by the Company of payment of stated
charges. Subsequent payments are due on the anniversary date of the month (or
year) for that month’s (or year’s) service. Billing is handled through
our credit card processor, and may show up as 2checkout.com or Barron Hosting. All billing is done automatically on
the renewal date. Barron Hosting is not responsible for overdraft or
overlimit charges from your bank or credit card company due to the automated
billing.
Credit cards that are declined for any reason are subject to a $1.00 declination fee, at our discretion. Service will be interrupted on accounts that reach 7 days past due. Service interrupted for nonpayment is subject to a $50 reconnect charge. Accounts that are not collectable by Barron Hosting may be turned over to an outside collection 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 $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
All
payments to Barron Hosting are nonrefundable after a 30 day Trial Period.
This includes the all charges regardless of usage. Domain Registrations are
non-refundable. All overcharges or billing disputes must be reported within 45
days of the time the dispute occurred. If
you dispute a charge to your credit card issuer that, in Barron Hosting's
sole discretion is a valid charge under the provisions of the TOS and /or
AUP, you agree to pay Barron Hosting an "Administrative Fee" of not
less than $50 and not more than $150. Charging back on your credit card without contacting Barron Hosting
to resolve billing issues is considered credit card fraud, and will result in
your account being turned over to a collection agency and any law enforcement
agencies that we deem necessary. If you wish to cancel your hosting, please
contact us first.
The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
All requests for canceling accounts must be made in writing providing at least 15 days notice. Written notice should be sent to Barron Hosting Attn: Cancellations, 5313 Sandstone Lane, McKinney, TX, 75070 or you may call (888) 573-4140. You can also send an email to support@barronhosting.com, although this is not the preferred method. In all cases, you must have all account information to cancel. 8. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
All new web hosting accounts involving new domains will be set up and entered into our DNS servers in 1 to 2 business days. Due to unforeseen complications, however, this process may sometimes require up to 5 business days.
New web hosting accounts which involve the transfer of a domain from another provider to Barron Hosting will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by Barron Hosting on behalf of the account holder a handling fee might be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
Barron Hosting, provides 24 x 7 server monitoring for our subscribers. We limit our technical support to our area of expertise. The following is our guidelines when providing support: Barron Hosting provides support related to your web hosting account physical functioning. Barron Hosting does not offer tech support for application specific issues such as cgi programming, html or any other such issue. Barron Hosting does not provide technical support for YOUR customers (if you are a reseller). If you can email, we encourage you to email support@BarronHosting.com for assistance. If you are able to get online and have other questions, you can put in a support ticket on our helpdesk page at http://helpdesk.barronhosting.com. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before contacting tech support.
Barron Hosting takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Barron Hosting may not use or permit others to use our network to transact in UCE. Customers of Barron Hosting may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service. a. Violation of Barron Hosting's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Barron Hosting will initiate an immediate investigation (within 48 hours of notification). During the investigation, Barron Hosting may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Barron Hosting may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Barron Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Barron Hosting will notify law enforcement officials if the violation is believed to be a criminal offense. b. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 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 $175 per hour that Barron Hosting personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account. c. As our Customers are ultimately responsible for the actions of their clients over Barron Hosting's network (for reseller accounts), it is advisable that Customers develop a similar, or stricter, policy for their clients.
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Barron Hosting will monitor Customer's bandwidth and disk usage. Barron Hosting shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Barron Hosting's sole and absolute discretion. If Barron Hosting takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Barron Hosting may, at its sole discretion, collect a deposit, in an amount determined by Barron Hosting, against customer's credit card on file with Barron Hosting.
Users are prohibited from violating or attempting to violate the security of Barron Hosting Network. Violations of system or network security may result in civil or criminal liability. Barron Hosting will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
a. Barron Hosting is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities. b. First violation: Any User, which Barron Hosting determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Barron Hosting's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
d. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
Barron Hosting reserves the right to suspend network access to any customer if in the judgment of Barron Hosting network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Barron Hosting chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended. 16. Barron Hosting reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Barron Hosting must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy. 17. Indemnification: Barron Hosting wishes to emphasize that in agreeing to Barron Hosting Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Barron Hosting for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Barron Hosting or the bringing of any claim against Barron Hosting by any third-party. This means that if Barron Hosting is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Barron Hosting, plus all costs and attorney's fees.
a. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof. b. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation. c. Barron Hosting takes no responsibility for any material input by others and not posted to Barron Hosting Network by Barron Hosting. Barron Hosting is not responsible for the content of any other websites linked to Barron Hosting Network; links are provided as Internet navigation tools only. Barron Hosting disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy. d. Barron Hosting is not responsible for any damages your business may suffer. Barron Hosting does not make implied or written warranties for any of our services. Barron Hosting denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Barron Hosting. e. It is absolutely forbidden to host pornographic content or IRC servers on web hosting accounts. Web hosting accounts found hosting this material will be subject to immediate cancellation without refund.
You, as Barron Hosting's customer, are solely responsible for the content stored on and served by your Barron Hosting web hosting account.
a. Customer Responsibility: Your responsibility is to inform Barron Hosting of your outage within 48 hours. Barron Hosting will research the outage, and if it is found to have been Barron Hosting's fault, you will receive a refund as listed in the schedule below. If the outage is not reported within 48 hours, Barron Hosting is under no obligation for a refund. b. Refund Schedule: If your uptime falls between 99.9% and 98% during any calendar month, Barron hosting will refund you 25% of your monthly hosting fee. If the uptime falls between 98% and 95% during any calendar month, Barron Hosting will refund you 50% of your monthly hosting fee. If uptime falls between 95% and 90% during any calendar month, Barron Hosting will refund you 75% of your monthly hosing fee. If uptime falls below 90% for the month, Barron Hosting will refund you 100% of your monthly hosting fee.
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