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28 Nov 2011 - Terms of Service

Blutos TOS  Version 1.3 ? July 10, 2010
This Terms of Service,(TOS), applies to all Bluto's Hosting clients.
Kwicktrim is trading as Bluto's Hosting and all references of Bluto's Hosting are referring to Kwicktrim.
All billing will be invoiced as Kwicktrim. TA Bluto"s Hosting

Policies apply automatically to all Bluto's Hosting clients upon subscription to the Services including subscription through a third party or any commercial partner.

All clients are responsible to keep, and have available their server, user name, and password information for wherever it may apply, and has been supplied to the client, or is available in the Knowledge Base, or cPanel. It is advisable to also print this information in the event that your computer crashes, or becomes unusable.
Any requests for log in, user name, or other information may incur a fee between $5.00 and $25.00, depending on the amount of data requested. The amount charged is at the sole discretion of Bluto's Hosting. Your personal information is your responsibility.

Bandwidth Services

Bluto's Hosting will provide to the Customer the Internet Connectivity, IP Addresses and Internet Traffic services (collectively, the ?Bandwidth Services?), as specified in the Service Order.

The Customer agrees to use bandwidth as described in the Terms of Service and agrees that bandwidth shall not exceed the number of megabytes per month for the Services ordered by the Customer on the Service Order Form and that number of megabytes is the sum of the incoming and outgoing data transfer for a period of 1 month. Bluto's Hosting. will monitor the Customer's bandwidth usage and shall have the right to take corrective action if the Customer's bandwidth usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges based on the per megabyte price stated on the Service Order.


Customer agrees to use the Services only for lawful purposes, in compliance with all applicable law.

Specific activities that are prohibited include, but are not limited to :

    * Threatening harm to persons or property or otherwise harassing behavior.
    * Misrepresenting or fraudulently representing products/services
    *
Content that is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
    * Transmission, distribution or storage of any material in violation of any applicable law or regulation.
    * Transmission, distribution or storage of any material protected by copyright, trademark, trade secret or other intellectual property right without proper authorization, and material that is obscene, defamatory, an invasion of privacy or constitutes an illegal threat, or is otherwise illegal.
    * Facilitating, aiding, or encouraging any of the above activities, whether using Bluto's Hosting network or service by itself or via a third party?s network or service.
    * Interference with a third party?s use of Bluto's Hosting network or service, or ability to connect to the Internet or provide services to Internet users.
    * Manage a proxy server

Email

Bluto's Hosting has a STRONG anti-spam policy and applies it. Spammers are NOT welcomed. This includes spamming through open proxy servers or any other kind of unsolicited email advertising. If a customer is found to be in violation of our SPAM policy, Bluto's Hosting may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Bluto's Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Bluto's Hosting will notify law enforcement officials if the violation is believed to be a criminal offense. The customer acknowledges that he is responsible for any and all SPAM related actions which come from their account.

    * Sending unsolicited email messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited.
    * Customer will not use another site's mail server to relay mail without the express permission of the site.
    * It is strictly forbidden to send out unsolicited email from any other network that advertises, promotes or in any way points to a location inside Bluto's Hosting network.
    *
Drop-Box Accounts. Using this network for the receipt of replies to unsolicited mass email (spam) sent from a third-party network is prohibited.
    *Header Forgery: Forgery of email headers ("spoofing") is prohibited.
    *Proxy Spamming: Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software is prohibited.
    *Relaying. Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication is prohibited.
    *Mass Mailings: Sending mass unsolicited email is considered spam. Unsolicited email is defined as email sent to a recipient who has not double-opted in to mailings from the Customer. Senders of mass mailings must maintain complete and accurate records of all opt-ins, including the email and its headers if applicable, and provide such records to Company upon request. If positive and verifiable proof of opt-in cannot be provided, complaints from recipients of the mailing are considered proof they did not subscribe and the mailing is unsolicited.
    *Mailing lists, newsletters and other bulk email: it's absolutely forbidden to send bulk email. Bulk, mailing lists and newsletters must be outsourced to third party ISP who specialize on bulk mail delivery. Each account has a maximum number of emails allowed per hour that may not exceed 200 emails per hour, and 450 email per day.
   
Adult content
Legal adult content must be published in accordance of any applicable law or regulation. Bluto's Hosting reserves the right to suspend any account publishing offending content.
Any material deemed pornagraphic in nature will result in immediate suspension of the account until at which time the content is removed. Bluto's Hosting reserves the right to monitor any and all accounts at anytime.
System and Network Security
Customer is prohibited from utilizing Bluto's Hosting services to compromise the security or tamper with system resources or accounts on computers at the Premises or at any third party site.
Specific activities that are prohibited include, but are not limited to and may result in account suspension:
    * Threatening harm to persons or property or otherwise harassing behavior.
    * Use or distribution of tools designed for compromising security.
    * Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
    * Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
    * Deliberate attempts to overload a system and broadcast attacks.
    * Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
    * Intentionally or negligently transmitting files containing a computer virus or corrupted data.
Resource usage
On shared hosting accounts, it is strictly forbidden, without prior written authorization, to allow a third party or the user of another web hosting service to use or access your account's resources. Without limitation, this applies to usage of an account to provide public online services like statistics, image hosting or any other service targeted to external web sites. At anytime, all shared hosting accounts must use an acceptable level of resources and stay below 5% of the total system resources.
  *Cusromers may not:
  *
Run any type of interactive real-time applications that require server resources. Remotely-hosted services are fully allowed
   *Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
   *Run intensive scripts with persistent MySQL connections.
   *Run any software that interfaces with an IRC (Internet Relay Chat) network
   *Host Proxy Servers or Anonymizers
   *Host Pirated software (warez)
   *Host illegal MP3 content, store large Audio / Video Archives (any format).
   *Provide free hosting services (file sharing, free domain hosting, free subdomains etc), free webmail services or free software hosting services.
   *Provide image or video hosting.
   *Host Escrow, High-Yield Interest Programs (HYIP), Ponzi (fraudulent investment operation), Bank Debentures, Bank Debenture Trading Programs, and Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, sites promoting illegal activities.
    * Hosting any game communities across shared servers is prohibited.
   Violation
Bluto's Hosting, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violation of this TOS could also subject Customer to criminal or civil liability. Bluto's Hosting may block access at the router level to the Customer's Equipment involved. If Bluto's Hosting believes, in its sole discretion, that a violation of this TOS has occurred, such action may also include, but is not limited to, temporary or permanent blocking of access to Customer?s Equipment or data, and the suspension or termination of Customer?s services under this Agreement. Bluto's Hosting may involve and will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers. Bluto's Hosting has no obligation to provide warnings under any circumstances and can terminate the account without prior notice if the Customer violates this policy.
Rights reserve

Back Up Policy

We run automatic daily onsite backups of your data. In the event of permanent data loss, a restoration may occur that will recover your lost files for additional fee of $5 per website. Availability of backups is not guaranteed

Offsite Backups are run weekly and monthly. However, we would like to stress to all Customers how important it is to keep local backups on local computer or removable media. Please print your information, so in the event of a computer crash, you still have your log in and password details. The main reason being that there are instances where backups will run and replace Customer's backup from the previous week, or month. If Customer have changed something since then and need that backup, chances are we will not have it. So always keep backups stored on local computer! We make no guarantees about the availability of backups. Bluto's Hosting is NOT responsible for files or any data residing on your account.

Customer must not leave backups on the server. All backups should be generated, downloaded to personal computer, then removed off the server immediately.

Indemnification

Customer agrees to indemnify and hold harmless Bluto's Hosting and the employees and agents of Bluto's Hosting (each an "Indemnified Party") against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Customer
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