Web Hosting - "TOS"

Last Updated: 05 April 2005

Any questions regarding this agreement should be sent to Cyber Logic Host™'s sales department prior to signing up for service.

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this TOS. Cyber Logic Host™ may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this TOS may result in the suspension or immediate termination of either your Cyber Logic Host™ account or other actions without prior notice.

Violations of Cyber Logic Host™ Terms of Service (TOS)

1. Illegal use: Cyber Logic Host™ services may not be used for illegal purposes, or in support of illegal activities. Cyber Logic Host™ reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
2. Harm to minors: Use of Cyber Logic Host™ service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography, child pedophiliac material (pedo hard pics).
3. Threats or Harassment: Use of Cyber Logic Host™ service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages personal harm or destruction of property.
4. Fraudulent activity: Use of Cyber Logic Host™ service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
5. Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
6. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of Cyber Logic Host™ service to transmit any unsolicited commercial or unsolicited bulk e-mail is highly prohibited. Violations of this type will result in the immediate termination of the offending Cyber Logic Host™ account.
   
   IMPORTANT NOTICE:
   Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server/domain immediately removed from our network. The server/domain will not be reconnected until such time that you agree to remove any and all traces of the offending material/domains immediately upon reconnection and agree to allow us access to the server/domain to confirm that all material has been completely removed. Severe violations may result in immediate and permanent removal of the server/hosting account from our network without notice to the customer. Any server/domain guilty of a second violation will be immediately and permanently removed from our network without notice.


7. E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Cyber Logic Host™ account.
8. E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through Cyber Logic Host™ service is in violation of this TOS.
9. Usenet SPAMing: Cyber Logic Host™ has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
10. Unauthorized access: Use of Cyber Logic Host™ service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Cyber Logic Host™ or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Cyber Logic Host™ account is subject to immediate termination.
11. Copyright or trademark infringement: Use of Cyber Logic Host™ service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
12. Collection of personal data: Use of Cyber Logic Host™ service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
13. Network disruptions and unfriendly activity: Use of Cyber Logic Host™ service for any activity which affects the ability of other people or systems to use Cyber Logic Host™ Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. Cyber Logic Host™ will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
14. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
15. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
16. Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
17. Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Cyber Logic Host™ services could result in suspension service.
18. Third Party Accountability: Cyber Logic Host™ subscribers will be held responsible and accountable for any activity by third parties, using their account, which violates guidelines created within the Acceptable Use Policy.

IRC networks:
It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers/hosting found to be connecting to or part of these networks will be immediately removed from our network without notice. The server/hosting will not be reconnected to the network until such time that you agree to completely remove any and all traces of the irc server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server/member guilty of a second violation will result in immediate account termination.

Adult Content:
Explicit adult content (pornography) will be grounds for immediate suspension of your account. Sites containing only links to adult content will be immediately suspended. Adult-oriented sites, pornography and sex-related merchandising are prohibited. We also prohibit sites that provide storage, sale, distribution, hypertext link to, advertisement, promotion or hosting of material that is unlawful, defamatory, obscene, harmful, threatening, harassing, or an intrusion of privacy or publicity rights, or otherwise objectionable. Note : Artistic nudity may be acceptable, but this is at the sole discretion of Cyber Logic Host™.

Discrimination:
uploading, posting, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable content is strictly prohibited.

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.

1. Your password provides access to your account. It is your responsibility to keep your password secure.
2. Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
3. Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
4. You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
5. You may not 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 you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
6. You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to; "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.

Network Performance
Cyber Logic Host™ accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy. You are prohibited from excessive consumption of resources, including CPU time, memory and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of Cyber Logic Host™ systems or networks. Cyber Logic Host™ reserves the right to terminate or limit such activities.

Reporting Violations of Cyber Logic Host™ Terms of Service.
Cyber Logic Host™ requests that anyone who believes that there is a violation of this TOS direct the information to the

If available, please provide the following information:

• The IP address used to commit the alleged violation.
• The date and time of the alleged violation, including the time zone or offset from GMT
• Evidence of the alleged violation.

Other situations will require different methods of providing the above information. Cyber Logic Host™ may take any one or more of the following actions in response to complaints:

• Issue written or verbal warnings.
• Suspend the Member's newsgroup posting privileges.
• Suspend the Member's account .
• Terminate the Member's account .
• Bill the Member for administrative costs and/or reactivation charges.
• Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations.

Failure to Pay:
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. Paypal Subscription Cancellations: If you subscribed to our hosting plan with Paypal payments and if we get notice from paypal.com regarding your subscription cancellation, we have full right to suspend your hosting account till the subscription is reinstated. Cyber Logic Host™.com do not host websites with cancelled subscriptions.

SPAM and Unsolicited Commercial Email (UCE):
Cyber Logic Host™ 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 Cyber Logic Host™ may not use or permit others to use our network to transact in UCE. Customers of Cyber Logic Host™ 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.

• Violation of Cyber Logic Host™ SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, we will initiate an immediate investigation (within 48 hours of notification). During the investigation, we may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Cyber Logic Host™ will restrict, suspend or terminate customer's account. Further, we reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Cyber Logic Host™ will notify law enforcement officials if the violation is believed to be a criminal offense.
• As our Customers are ultimately responsible for the actions of their clients over Cyber Logic Host™ network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

Important Notice: Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server/hosting account immediately removed from our network. The server/hosting account will not be reconnected until such time that you agree to remove any and all traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been completely removed. Severe violations may result in immediate and permanent removal of the server/hosting account from our network without notice to the customer. Any server/hosting account guilty of a second violation will be immediately and permanently removed from our network without notice.