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Acceptable Use Policy and Terms of Service

Cincy Web Hosting is committed to providing high quality services at the best prices to its customers. It is important that all of our customers use our services responsibly and courteously. Abusing or disregarding our rules can result in degradation of our servers performance which affects all of our customers. All services provided by Cincy Web 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 we judge to be threatening or obscene or material protected by trade secret or other statute. You, as the customer, agree to indemnify and hold harmless Cincy Web Hosting from any claims resulting from the use of the service that damages the customer or any other party.

The following are examples of unacceptable uses of Cincy Web Hosting services. Customers who violate our Acceptable Use Policy (AUP), may, at our discretion, be subjected to account suspension or deletion. Violation of these terms can also result in criminal prosecution in some cases.

We urge our customers to read and understand our AUP. If your account is cancelled for violations of any of these policies, you will not receive a refund of your monthly fee.

Unacceptable Content
All pornographic content and sex-related merchandising is prohibited on all Cincy Web Hosting servers. This includes sites that may infer sexual content or links to adult content elsewhere. Cincy Web Hosting 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 Cincy Web Hosting 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
  • Warez sites


Cincy Web Hosting will be the sole arbiter as to what constitutes a violation of this provision.

Unsolicited emailings (Spam)

Spamming, or the sending of unsolicited e-mail, from a Cincy Web Hosting server or using an e-mail address or domain that is maintained on a Cincy Web Hosting machine as reference is STRICTLY prohibited. Spoofing (using a return e-mail address which is not the valid reply address of the sender or sending an e-mail 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 Cincy Web Hosting by spamming from some other source), trolling (posting controversial messages in newsgroups to generate responses), mail bombing (inundating a user with e-mail without any serious intent to correspond), and subscribing someone else to an electronic mailing list without that person's permission are also prohibited. It is a violation of our policy to possess on our servers any such software or program that is or may be used for such purposes. Furthermore, if an attempt is made to cause harm to another person's or organization's server, using our servers, your account will be terminated immediately. In addition, any and all information regarding the violation, and your account in general, will be turned over to the proper authorities for prosecution. Cincy Web Hosting will be the sole arbiter as to what constitutes a violation of this provision.

Accounts that are found relaying spam will be terminated immediately and the owner of the account will be charged $50.00 USD per spam item.

Bandwidth Overages
If your account exceeds its monthly transfer quota, your account will be charged an additional $10 for each gig of transfer that is over your plans limit. If your account is exceeding its bandwidth limit every month, you are advised to upgrade to a higher plan or contact us at support@cincywebhosting.com to arrange for a high bandwidth plan.

Abuse of Rights of Others
Examples of unacceptable activities in this regard include but are not limited to, posting private information about a person without their consent, infringing intellectual property rights, defaming a person or business, and knowingly making available code which will have a deleterious effect on third party computers or programs. Cincy Web Hosting 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, Cincy Web Hosting will be the sole arbiter as to what constitutes a violation of this provision.

Copyright Infringement
Cincy Web Hosting supports copyright laws. Accordingly, we reserve the right to cancel your account if your site is found to be violating local, national, or international copyright laws. Cincy Web Hosting will be the sole arbiter as to what constitutes a violation of this provision.

IRC
IRC or IRC bots may not be operated on our servers at this time. Cincy Web Hosting will be the sole arbiter as to what constitutes a violation of this provision.

Excessive Support Requests
Excessive submissions to our Help Desk are not permitted. We may, at our sole discretion, levy a $5.00 per request surcharge to your account for every support request we deem excessive. Cincy Web Hosting will be the sole arbiter as to what constitutes a violation of this provision.

Fraudulent Chargebacks
Customers that use their financial institutions to fraudulently charge back Cincy Web Hosting for hosting fees are subject to immediate termination. Accounts may be re-instated, at our sole disgression, provided that past due hosting fees are paid in full and a re-instatement fee of $100 USD is paid to Cincy Web Hosting.

Payment Terms
Hosting fees are due in advance. We bill monthly, quarterly, bi-annually, and annually.

Account Cancellations - NOTIFY US IF YOU CHOOSE TO CANCEL YOUR HOSTING.
Customers can cancel their accounts as long as they give us 30 days notice. Hosting is due in advance, and if you notify us that you wish to cancel your account, your hosting will continue till the end of that billing cycle. Your account is still a fully functional account until you notify us of your intentions to discontinue hosting. Failure to notify is is not a reason for a refund.

Account Suspension - Non Payment
Customers who's accounts have become delinquent risk having their accounts suspended for non-payment. Suspended accounts require a reconnection fee of $15.00 plus the past due payments.

Suspensions terms are as follows:

Monthly Hosting: 10 Days past due date.
Quarterly Hosting: 15 Days past due date.
SemiAnnual Hosting: 30 Days past due date.
Annual Hosting: 45 Days past due date.

Clients are responsible for making sure payments arrive on time. If your credit card expires, you need to make sure you update the information through our Client Account Management System.

Clients who's accounts have been suspended for 45 days or more, will be removed from our system. If you want your hosting account reinstated you will be required to set up a new account. You will also be responsible for re-uploading the content of your website. Once the site has been deleted, the content is gone!

You are repsonsible for keeping a back up of your website. We are not responsible for data or email lose once an account is cancelled.

Server Abuse
Any attempt to undermine or cause harm to a server or customer of Cincy Web Hosting is strictly prohibited and is subject to immediate account termination. Cincy Web Hosting will be the sole arbiter as to what constitutes a violation of this provision. Violators will be prosecuted to the fullest extent of the law.

Refusal of Service
We reserve the right to refuse, cancel or suspend service at our sole discretion.


Limitation of Liability Cincy Web Hosting shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Cincy Web Hosting servers going off-line or being unavailable for any reason whatsoever. Further, Cincy Web Hosting 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 Cincy Web Hosting servers. It is each clients responsibility to keep a working copy of all your files on your hard drive in the unlikely event that your account is deleted or lost.

Cincy Web Hosting shall be the sole arbiter of what is and is not a violation of these acceptable usage policies. In addition Cincy Web Hosting reserves the right to terminate an account at any time and for any reason that we feel is prudent and in the best interest of our company.

Violations of these Acceptable Uses Policies should be referred to us via our Support Desk.





Acceptable Usage Policy - Terms of Service © Copyright 2003-08 Cincy Web Networks