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DesknowHosting Policies

DesknowHosting Policies Terms of service based on our hosting partner Infinitum Technologies.

We follow, honor and enforce all policies our hosting partner sets forth below.

1 - Policies & TOS
1.1 Uptime
1.2 Service Usage
1.3 General Conduct
1.4 Abuse
1.5 Security
1.6 Bandwidth Usage/Abuse
1.7 Privacy
1.8 Delinquent Accounts
1.9 Customer Contact Info
1.10 Data Backups
1.11 Additional Policies
1.12 Refunds
1.13 Billing
1.14 Legal Info

Uptime

We guarantee our network will be up 99.9% in a given month not counting well planned and announced service upgrades. DesknowHosting, LLC will refund the customer 5% of the monthly fee per 30 minutes of downtime, up to 100% of the customer's monthly fee. Network uptime includes functioning of all network infrastructure including routers, switches and cabling. Network downtime exists when a particular customer is unable to transmit and receive data and is measured from the time the trouble ticket is opened. Infinitum Technologies Inc. guarantees the functioning of all hardware components and will replace any failed component at no cost to the customer. Hardware replacement will begin once we identify the cause of the problem.

Service Usage

Usage of our services requires agreement with the following policies. You are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are to be avoided. Common sense is the best guide as to what is considered acceptable use.

General Conduct

1. Customers may not engage in tortuous conduct including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent, illegal pornography, intentionally inflicting emotional distress, or making physical threats against another person via email, news, or any other electronic media/service we provide.

2. Customers are prohibited from transmitting on or through any of Infinitum Technologies services, any material that is, in Infinitum Technologies sole discretion, unlawful, threatening, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, statute or regulation.

3. Infinitum Technologies services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state or local regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute, law or regulation. Infinitum Technologies reserves the right to remove such illegal material from its servers. Users/accounts cannot "represent (in the sole judgment of Infinitum Technologies) an unusually large burden on the network. "Infinitum Technologies also reserves the right to discontinue services to servers which compromise the network integrity.

Abuse

2. Customers may not send any email that has not been explicitly solicited. If a recipient asks to stop receiving email, the customer must not send that person any further email.

3. Customers are explicitly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing of unsolicited commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it.

4. Customers may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings.

5. Malicious email, including but not limited to "mailbombing" (flooding a user or site with very large or numerous pieces of email) and "trolling" (posting outrageous messages to generate numerous responses) is prohibited.

6. Forging of header or any other information is not permitted.

7. Subscribing someone else to a mail list or removing someone else from a mail list without that person's permission is prohibited.

8. Infinitum Technologies accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Usage Policy or the usage policy of that other provider.

9. These rules apply to other types of Internet-based distribution mediums as well, such as RLG's Ariel system (a system for sending FAX-like documents over the Internet).

10. Customers may not send Usenet spams (i.e. publicizing their site in a large number of newsgroups that are irrelevant to the topic of the site).

11. Customers may not operate an Open-relay mail server.

12.Customers may not operate or host any website or service promoting illegal activity such as: warez, illegal pornography, hacking, cracking, phishing, scams, credit card harvesting websites, illegitimate ecommerce websites (those which defraud consumers of funds), or any material illegal in the USA. If you are not sure if your content is illegal in the USA, seek legal counsel before RapidVPS hosting. We reserve the right to discontinue service due to any violation and without refund. NOTE: Infinitum Technologies, Inc. operates under a strict one-warning policy regarding unsolicited e-mail, unless the violation is of such nature that the account, in our sole discretion requires immediate termination, in which event service will be immediately terminated.

Security

1. Customers may not attempt to circumvent user authentication or security of any host, network, or account ("cracking"). This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, or probing the security of other networks.

2. Customers 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, overload of a service, and any activity resulting in the "crash" of a host.

3. Customers may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet.

4. Customers must safeguard their account passwords and keep all websites, code, scripts, programs, etc up to date to prevent unauthorized access to their account. Customer is liable for all resource fees incurred under customer's account. If customer grants public write permissions to customer's account, customer is liable for fees for disk space consumed by any others writing to the account.

5. Users who violate systems or network security may incur criminal or civil liability. Infinitum Technologies will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Bandwidth Use/Abuse

1. If the customer wishes to change their bandwidth allocation, they must notify Infinitum Technologies before the next billing cycle.

2. Infinitum Technologies does not charge for bandwidth overages, ever. If you approach your bandwidth limit, our automated system will contact you and give you options to extend your bandwidth quota or limit your bandwidth rate until the end of the billing cycle. You never need to worry about a bandwidth overage situation with Infinitum Technologies. If, due to some error on our end we do not inform you about the impending bandwidth overage, we will eat the cost and not pass it along to you. Other providers charge .5-3$ per GB over your allocation, we participate in no such thing. The completion merely resells service using dedicated servers with their own bandwidth limit (and overage fee). We run our own network, and can offer this customer-centric policy.

3. Customer may not participate in P2P networks such as bittorrent, kazaa, streaming video, public proxy services, napster, IRC, gnutella, edonkey, instant message proxying, http/https proxy, or any other proxy protocol. Attempts to circumvent these rules through a proxy, non-conventional ports, encryption or otherwise any other method will result in account termination without refund. These rules are to protect our network and also the quality of service we can deliver to clients. You may operate a private and secured proxy service, such as an encrypted authenticated vpn, authenticated socks proxy, authenticated http proxy for private or corporate use. Overall, we do not allow any type of anonymous/unrestricted/unauthenticated proxying in or out of our network.

Privacy

1. DesknowHosting, LLC will not sell or knowingly disclose its customer lists or customer email address lists. We will attempt to protect the privacy of our customers and their information that is stored on our network. Infinitum Technologies will only access and disclose information as necessary to comply with applicable laws and government requests, to operate and maintain our systems and services, or to protect ourselves or our customers.

2. DesknowHosting, LLC will not monitor or disclose a customer's private email messages unless required by court order or law. We will cooperate with the authorities and will notify such authorities if it suspects that a customer is engaged in illegal activities.
Material and Product Requirements 1. Customers must ensure that all material and data placed on Infinitum Technologies equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation on DesknowHosting, LLC part. We shall make no effort to validate this information for content, correctness or usability. In the event that the Customer's material is not "server-ready", we have the option at any time to reject this material. Infinitum Technologies will notify DesknowHosting, LLC immediately of its refusal of the material and afford the customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Infinitum Technologies.

3. Infinitum Technologies does not have access to any customer's personal data including emails as all emails in the Desknow system are encrypted on the hard drive. DesknowHosting, LLC do have access to all data on your mail servers and will sign an NDA if you need one to keep your data physically and legally safe.

Delinquent Accounts

1. DesknowHosting, LLC reserves the right to discontinue network service to a server immediately for delinquent invoices. Payment for the service is due on the first day of the billing cycle. Please email billing@desknowhosting.com if you are uncertain as to what your billing cycle is.

2. Once a Server is delinquent and taken offline, there will be a $15 reactivation charge to put the server back online unless the server has been reinstalled.

3. Once a server is offline for more than 7 days, DesknowHosting, LLC reserves the right to reuse the server for another customer. If, at this point, the customer wishes to be re-setup, they will be responsible for paying a $50 reactivation fee and may not have any of their old data restored.

Customer Contact Info

It is the customer’s responsibility to keep their contact information up to date. And use a contact email address that is not associated on their domain name that is hosted with us, or email accounts hosted on their web server. It is always suggested that clients have emergency accounts with a yahoo or hotmail system. This will also ensure that when you submit a support ticket that you will be able to get a reply even if your server is down or email is not functioning.

Backups

DesknowHosting, LLC will provide all backups for DesknowHosting, LLC customers as part of their service.

Additional Policies

1. DesknowHosting, LLC will not be held liable beyond one month's cost of service for any service outages.

2. The Customer is responsible for providing and maintaining accurate and up-to-date billing information. Furnishing false data on the signup form, contract, or online application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.

3. Infinitum Technologies and DesknowHosting, LLC reserves the right to discontinue service to any customer without any advance notice.

4. Infinitum Technologies and DesknowHosting, LLC reserves the right to discontinue (without refund) any account/server that hosts any illegal, copyrighted or TOS violating content without notice or refund.

5. Standard and special service prices subject to change after their monthly or annually rate has been fulfilled.

6. Cancellation requests should be made to our billing department 24 hours prior to your next renewal date. Requests made after will be processed on the next renewal date. For example, if you are due on the 10th of the month, you should inform us that you wish to cancel the service before the 9th of that same month.

7. To prevent abuse and keep disk io resources in check, customer triggered reinstalls are currently limited to two per day. This means you can reinstall or change your OS at most two times per day, 14 times per week, 60 times per month, etc. We will increase this limit as resources permit in the future and also to stay competitive if this becomes a service limitation. The purpose of this limit is to deliver the best disk io response to all customers.

8. We reserve the right to disable any content on our servers which we deem liable, abusive, or threatening to our network, company reputation, or server resources.

9. Any type of email marketing, opt in mailings, or other mass emailing systems are prohibited on the shared hosting packages. Non-spam mass mailing is fine on all other hosting service types.

10. Maximum IP count per server or VPS without ARIN justification is 8 IPs. With ARIN justification there is no limit, within common sense reasoning. If you require many IPs, contact DesknowHosting, LLC for more details.

Refunds

If you are not satisfied with the products, services, or support we provide to you within 30 days of your purchase, we will issue you a complete refund. One refund event on your first account is granted per customer. Under no circumstance will multiple 30 day money back guarantees be paid to the same person, this is unreasonable.

Billing

Billing is done using Pay Pal and / or Google Checkout. Pay Pal is DesknowHosting, LLC's primary payment system. Google Checkout is our backup.

Legal Info

The terms of service are copyrighted 2008 by Infinitum Technologies and DesknowHosting, LLC
DeskNow® is a registered trademark of Ventia Pty Ltd.
"Rapid" and "RapidVPS" are trademarks; some website content and design are copyright Infinitum Technologies Inc.
DesknowHosting, LLC is copyright 2008 by The Geek Patrol, LLC.

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