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