Please read through
our Terms of Service carefully, and print a copy for your records.
Signing up for a hosting plan with us constitutes your agreement to abide
by the following terms:
Terms
of Service (TOS)
Our
Terms of Service have been written in order to protect our clients
and ourselves to ensure we deliver a stable, reliable product
and quality network. We ask that you read our policies so that
you can assist us in keeping our servers and network free of
abuse, which will ensure quality performance for everyone.
When
you sign up for any of our services, you are agreeing to our
terms of service. Although we will do our best to work
with our customers in the event of a breech of policy, we will
also take a firm line when necessary to protect our other customers
and network.
Clients
of Door County Networking, including but not limited to Virtual
Account Clients, Virtual Private Account Clients, Resellers,
Dedicated Server Clients, Colocation clients, and Domain Registration
Clients, are required to agree and conform to the following
terms of service (TOS) and acceptable use policies. Violations
of these policies may result in loss of service and/or other
disciplinary action.
Our
TOS includes the following categories. You can click on each
individual area to be taken to the individual pages or review
and click on the next button to progress through the complete
TOS.
Terms and Conditions of Use
This
Services Agreement (the "Agreement") contains the
complete terms and conditions which govern your subscription
of Web hosting, Dedicated Servers, e-commerce, Domain Registrations,
Colocation and other Internet-related services provided by
Door County Networking (the "Services"). As used
in this Agreement, "Door County Networking" means
Door County Networking and "Client", "you",
or "your" means you. By clicking on the "Submit
Order" button, you acknowledge that you have read the
Agreement, and you agree to its terms and conditions and all
policies posted on the Door County Networking site. As referred
to in this Agreement, "Site" refers to a World Wide
Web site and "Door County Networking Site" refers
to the Site located at the URL http://www.door-county.net,
or any other successor Sites owned or maintained by Door County
Networking.
In
addition to the following, the Acceptable
Use Policies provide more detailed information regarding
what is acceptable use of our products and services.
Door
County Networking provides the Services exclusively and makes
no effort to edit, control, monitor or restrict the content
of data other than as necessary to provide such services.
Client
Content
Client
agrees that it will not distribute, electronically transmit
or display any materials supplied by Client - or through Client
by a third party - to any Door County Networking server in
connection with Client's use of the Services which:
violate
any state, federal or foreign laws or regulations;
infringe
on any intellectual property rights (e.g. copyright, trademark,
patent or other proprietary rights) of Door County Networking
or any third party;
are
defamatory, slanderous or trade libelous;
are
threatening or harassing;
are
discriminatory based on gender, race, age or promotes hate
violate any Door County Networking policy posted on the
Door County Networking site including but not limited to
those listed in our Terms of Service (TOS).
contain
viruses or other computer programming defects which result
in damage to Door County Networking or any third party.
Disk
Space
Virtual,
Reseller, and Bulk Reseller Accounts: Client may occupy
only the amount of disk space on the Door County Networking
Server that is allotted by Door County Networking. Additional
fees, specified in the hosting plans, will be charged for
exceeding the disk space. Disk space measurement includes
all customer content and generated content from their web
site and includes but is not limited to MySQL data, Mailing
List data and data in /home/user directories for virtual
accounts. Door County Networking
is not responsible for measurements provided by individual
control panel software, which is 3rd party software not controlled
by Door County Networking, which may or may not include all
of the customer data in their measurements.
Dedicated
Servers: The Disk Drive and/or Disk Space Quota for these
accounts is hard quota based and clients have full access
and rights to the disk space. Available disk space for the
Client excludes the space required for the Operating System,
Control Panel and other Services that come with the server
set up which is selected by the client. Client has full control
of all disk space for these accounts and may remove, delete
and/or alter the installed files and configurations. However,
removing, altering or deleting the files and base configurations
installed by Door County Networking and/or in the case of
the Control Panels, is not part of the 3rd party software
released packages, patches, fixes and or upgrades, places
all software support for that account/server into a fee based
category. Refer to each plan's Additional Feature Pricing
page for details regarding free versus fee based support.
Bandwidth
We
do not, by default, limit the amount of bandwidth to the account/server
quota unless required by the control panel software. If a Virtual/Shared
Server Client wishes to have their bandwidth capped, we will
do so upon request, software permitting. Virtual Private Server
(VPS), Dedicated and Colocation Accounts are limited only to
port speed. Default port setting is 10 Meg. Additional fees,
specified in the account plan will be charged for exceeding
the network bandwidth allowance of your selected plan/server.
Licensed
Software Only
Client
agrees to use only properly licensed third party software in
connection with Client's use of the services.
Back-up
Files and Processing
Virtual/Shared
Hosting Clients will have the ability to reinstate files which
are automatically archived by Door County Networking upon request
for a minimal fee; however, Door County Networking does not
guarantee the existence, accuracy, or regularity of its backup
services, and therefore, Client is responsible for making back-up
files in connection with its use of the services. The accuracy
and quality of backup processes provided by 3rd party software,
such as the individual 3rd party control panels, is not guaranteed
by Door County Networking.
For
Clients using 'paid for' Back up processing services, Door
County Networking will disclose their guarantee within the
products page for that service. On Dedicated Servers with the
on-board backup option, they are paying for the additional
disk drive only. Door County Networking will provide and install
the backup script for our clients upon request, but the running
of cron jobs and services is the responsibility of the server
owner. The backup script can be set up to generate a daily
email with results to assist Client in monitoring. For mission
critical data, Door County Networking highly recommends higher
quality off-server backup services than what an on-board backup
drive can provide. Doing periodic local backups is also highly
recommended and prudent business practice.
Termination
Door
County Networking reserves the right to refuse service to anyone.
Door County Networking, in its sole discretion, may immediately
terminate this Agreement if Client engages in any of the foregoing.
To report any unacceptable behavior by a third party using
the services, please contact abuse@door-county.net.
Payment
Obligations
Service
Fees. By the Tenth
(10th) of each month, Door County Networking shall either
(i) debit Client's credit card (where such information
is provided by Client) or (ii) deliver by e-mail an invoice
to Client in accordance with the applicable Services fees
for services rendered for the current month. Where an invoice
is delivered to Client, Client shall remit payment to Door
County Networking by no later than 10 days after the specified
payment due date. Door County Networking shall be entitled
to immediately terminate this Agreement for Client's failure
to make timely payments to Door County Networking. Certain
services carry a set-up fee charged by Door County Networking
to Client that must be paid by Client in order to have
use of the Services. If Client terminates this Agreement
in accordance with Section 4 hereunder, Client shall be
responsible for any outstanding fees owed to Door County
Networking and agrees to pay any and all fees incurred
by Client. Because the Services are provided on a monthly
basis, unless a contract is in place, Client will be responsible
for Service fees incurred each month regardless of when
Client provides notice of termination. Thus, for example,
if Client provides notice to terminate on the 15th of a
particular month, Client will still owe fees for the entire
month and such fees will not be pro-rated or refunded.
If Client has retained the Services for one (1) year and
has pre-paid Door County Networking for such Services,
refunds will be issued for any unused full month month
portions less one month of the Services upon Clients request.
Therefore, if Client's account is canceled at any point
during the one (1) year term, Client will be entitled to
a refund for all but one of the full months remaining after
notice given by the 25th of the preceding month.
Late
Payments. Any payment
not received within twenty (20) days of the invoice date,
will be assessed a late fee of one and one-half percent
(1 1/2%) per month or the highest rate allowed by applicable
law, whichever is lower, with minimum of a $5.00 fee. Customer
also shall pay to Door County Networking all expenses incurred
by Door County Networking in exercising any of its rights
under this Agreement or applicable law with respect to
a Payment Default or other breach by Customer, including,
but not limited to, reasonable attorneys' fees and the
fees of any collection agency retained by Door County Networking.
Late Fees will continue to accrue as long as there is an
outstanding balance.
Returned
Item Fee. Accounts with returned checks and/or
e-checks will be assessed a $25.00 returned item fee.
Taxes. Customer
will be responsible for and will pay in full, any taxes and
similar fees now in force or enacted in the future imposed
on the transaction and/or the delivery of Services.
Domain
Names. If Client
chooses to register a domain name(s) through Door County
Networking, Client acknowledges and agrees that Client
will pay a registration fee(s) to register the domain name(s)
with the applicable domain name registrar. Door County
Networking does not offer refunds for domain name registrations
for any reason, including misspelling of the domain name.
Client
Liability and Indemnification
The
parties agree that in no event shall Door County Networking
be liable to any third party for Client's breach or alleged
breach of any of the terms and conditions set forth in this
Agreement. Client agrees to defend, indemnify and hold harmless
Door County Networking from any and all expenses, losses, liabilities,
damages or third party claims resulting from Client's breach
or alleged breach of any Client obligations set forth hereunder.
Term,
Termination & Reinstatement
Subject
to the terms and conditions hereof, this Agreement shall
be effective on the date you register for the Services,
and shall continue in effect on a month-to-month basis
unless otherwise specified by separate agreement (the "Term")
unless terminated earlier pursuant to the provisions of
this Section 4. Either party will have the right to terminate
this Agreement upon notice to the other party. If Client
is terminating this Agreement, Client must follow instructions
for cancellation provided on the Server Cancellation Information
page. All cancellation requests must be received by the
25th of the respective month of cancellation. Any other
attempt by Client to cancel this Agreement by written or
e-mail notice shall be DCNid. Sections 3 - 8 shall survive
termination or expiration of this Agreement.
If
Door County Networking suspends a virtual account for non-payment,
Client shall be allowed to re-instate Client's use of the
Services within Five (5) business days of cancellation
upon approval from Door County Networking and full payment
of balances due. A reinstatement fee of $15.00 will be
applied.
If
Door County Networking disconnects a Dedicated Server or
Colocation server for non-payment, the Client shall pay
a fee of Fifty Dollars ($50) prior to any re-instatement
of Client's server. Once payment has been received, Client's
account will be activated within Forty-eight (48) business
hours. Door County Networking will maintain an archival
copy of Client's data files for (5) days after Door County
Networking disconnects the server.
If
a Client terminates their account, Door County Networking
will disable the server/account the day the client specifies
the account is canceled. Door County Networking will not
maintain an archival copy of the Clients Web site or files.
It is the responsibility of the Client to remove any data
off the server prior to the date provided in their cancellation
notice.
Taxes
Client
will pay and indemnify and hold Door County Networking harmless
from any and all taxes associated with or arising from Client's
use of the Services, including any penalties and interest and
any costs associated with the collection or withholding thereof.
Disclaimer
of Warranty
THE
SERVICES, THE Door County Networking SITE, INCLUDING WITHOUT
LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED
ON THE Door County Networking SITE, AND ALL TEXT, GRAPHICS,
LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS'
BASIS AND WITHOUT WARRANTY OF ANY KIND. Door County Networking
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT
TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT
OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, Door County Networking SPECIFICALLY DISCLAIMS
ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR
ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO
VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS
EMPLOYED WILL BE SUFFICIENT.
Limitation
of Liability
IN
NO EVENT SHALL Door County Networking BE LIABLE FOR DAMAGES
RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE Door County
Networking SITE OR ANY Door County Networking PRODUCTS OR SERVICES,
OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL
DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION
WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT
SHALL Door County Networking CUMULATIVE LIABILITY EXCEED AN
AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US).
Miscellaneous
Notices.
Any notices or communication under this Agreement shall be
in writing and shall be deemed delivered to the party receiving
such communication at the address specified below (1) on the
delivery date if delivered personally to the party, or a representative
of the party; (2) one business day after deposit with a commercial
overnight carrier, with written verification of receipt; (3)
five business days after the mailing date, whether or not received,
if sent by postal mail, return receipt requested; (4) on the
delivery date if transmitted by confirmed facsimile.
If
to Door County Networking:
Door
County Networking
260C Koessl Ln
Sister Bay WI 54234
If
to Client:
Name
and address provided for account setup.
If
any of the provisions, or portions thereof, of this Agreement
are found to be invalid under any applicable statute or rule
of law, then, that provision notwithstanding, this Agreement
shall remain in full force and effect and such provision or
portion thereof shall be deemed omitted. This Agreement (including
the Exhibits, attachments and/or addenda, if any,) represents
the entire agreement of the parties with respect of the subject
matter hereof and supersedes all prior and/or contemporaneous
agreements or understandings, written or oral between the parties
with respect to the subject matter hereof. This Agreement and
the rights granted and obligations undertaken hereunder may
not be transferred, assigned or delegated in any manner by
Client, but may be so transferred, assigned or delegated by
Door County Networking. Any waiver or any provision of this
Agreement, or a delay by any party in the enforcement of any
right hereunder, shall neither be construed as a continuing
waiver nor create an expectation of non-enforcement of that
or any other provision or right. In any legal proceeding between
the parties under this Agreement, the prevailing party shall
be entitled to recover its costs, expenses and reasonable attorneys'
fees. This Agreement is made under and shall be governed by
the laws of the United States of America, except with regard
to it's conflict of law rules. This Agreement and Door County
Networkings policies are subject to change by Door County Networking
without notice. Continued usage of the Services after a change
to this Agreement by Door County Networking or after a new
policy is implemented and posted on the Door County Networking
Site constitutes your acceptance of such change or policy.
We encourage you to regularly check the Door County Networking
Site for any changes or additions.
Acceptable Use Policies
As
a provider of web site hosting, and other Internet-related
services, Door County Networking offers its clients, and their
customers and users, the means to disseminate a wealth of public,
private, commercial, and non-commercial information. Door County
Networking respects that the Internet provides a forum for
free and open discussion and dissemination of information,
however, when there are competing interests at issue, Door
County Networking reserves the right to take certain preventative
or corrective actions. In order to protect these competing
interests, Door County Networking has developed an Acceptable
Use Policy ("AUP"), which supplements and explains
certain terms of each customer's respective service agreement
and is intended as a guide to the customer's rights and obligations
when utilizing Door County Networkings services. This AUP will
be revised from time to time. A customer's use of Door County
Networkings after changes to the AUP are posted on Door County
Networkings web site, http://www.door-county.net, will constitute
the customer's acceptance of any new or additional terms of
the AUP that result from those changes.
One
important aspect of the Internet is that no one party owns
or controls it. This fact accounts for much of the Internet's
openness and value, but it also places a high premium on the
judgment and responsibility of those who use the Internet to
disseminate information to others.
When
information is disseminated through the Internet, they also
must keep in mind that Door County Networking does not review,
edit, censor, or take responsibility for any information its
clients may create. When users place information on the Internet,
they have the same liability as other authors for copyright
infringement, defamation, and other harmful speech. Also, because
the information they create is carried over Door County Networkings
network and may reach a large number of people, including both
clients and non-clients of Door County Networking, clients'
postings to the Internet may affect other clients and may harm
Door County Networkings goodwill, business reputation, and
operations. For these reasons, clients violate Door County
Networking policy and the service agreement when they, their
customers, affiliates, or subsidiaries engage in the following
prohibited activities:
UCE
/ Spam
Adult
Content
Resource
Usage Abuse
Illegal
Activities
Exploitable
Scripts
Copyright
Infringement / intellectual Property
Miscellaneous
and Other Activities
Defamatory
or Abusive Language
Forging
of Headers
Facilitating
a Violation of our TOS.
Usenet
Group postings that violates our TOS.
Other
activities Door County Networking determines to be harmful
UCE / Spam
The
abuse and misuse of e-mail is a serious problem, and Door County
Networking cannot and will not tolerate it. This policy
covers all servers and domains on our network, including but
not limited to Virtual Shared, Bulk Reseller, Dedicated and
Colocation.
Definition
of UCE (Unsolicited Commercial E-mail), or spam:
The
bulk UCE, promotional material, or other forms of solicitation
sent via e-mail that advertise any IP address belonging
to Door County Networking or any URL (domain) that is hosted
by Door County Networking.
Unsolicited
postings to newsgroups advertising any IP or URL hosted
by Door County Networking.
The
use of web pages set up on ISPs that allow spamming (also
known as "ghost sites") that directly or indirectly
reference customers to domains or IP addresses hosted by
Door County Networking.
Advertising,
transmitting, or otherwise making available any software,
program, product, or service that is designed to facilitate
a means to spam.
Forging
or misrepresenting message headers, whether in whole or
in part, to mask the true origin of the message.
Due
to the increased problems and risk to our network, Door County
Networking also prohibits the use of 3rd party mailing lists
and FFA's. See our mailing list management
principals for managing your own lists. Examples
that we do not allow include but are not limited to:
Safelist
Purchased
/ Sold mailing lists
FFA's
Repercussions
of spam:
Across
the Web, it is generally accepted that spam is an inconsiderate
and improper business practice.
Impacts
to Door County Networking:
Spam
is not only harmful because of its negative impact on consumer
attitudes toward Door County Networking, but also because it
can overload Door County Networkings network and resources.
There
are many groups that report and block the networks that spam
is sent from. In the event spam is generated off of ours
or our customers servers, our network can be blocked and this
impacts other users putting our network at risk.
Our
Providers:
Since
it is unsolicited, users who receive spam often become angry
and send complaints to our upstream providers. This upsets
our providers who abhor spam for the same reasons that Door
County Networking does - it causes negative consumer attitudes
and drains resources. We strive to maintain favorable business
relationships in the Web community and obviously will not allow
any practice that threatens these relationships.
Consequences/
Penalties for Spamming:
Door
County Networking reserves the right to terminate, without
warning, any account that violates this policy. Usage of Door
County Networking services constitutes acceptance and understanding
of this policy.
Door
County Networking may, at its option, charge $25.00
per spam complaint we receive for any domain on our
network and will be charged to the owner of the domain or
the owner of the server the domain resides on or the reseller
of the domain. Resellers, dedicated server owners and colocation
clients may choose to pass this charge down to their client,
when/if appropriate. These are non-refundable charges and
will be invoiced at the time of complaint notification.
It
is the responsibility of dedicated server owners, resellers
and colocation clients to manage the email from their server/accounts
and to keep in compliance of our policies.
Door
County Networking reserves the right to decide what it considers "spam", "UCE", "mail
bombing", or "bulk e-mail", and to determine
from all of the evidence whether or not the e-mail recipients
were from an "opt-in" e-mail list.
Should
you choose to e-mail from Door County Networking servers,
especially if you use mailing lists, you must read and adhere
to the following guidelines, which are offered as a statement
of Internet standards and best current practices for proper
mailing list management and preventing e-mail abuse.
Basic
Mailing List Management Principles for Preventing Abuse
Mailing
lists are a vehicle for distributing focused, targeted information
to an interested, receptive audience. Consequently, mailing
lists have been used successfully as a highly effective direct
marketing tool.
Unfortunately,
some marketers misuse mailing lists through a lack of understanding
of Internet customs and rules of the forum pertaining to e-mail.
Others fail to take adequate precautions to prevent the lists
they manage from being used in an abusive manner.
The
e-mail addresses of new subscribers must be confirmed or
verified before mailings commence. This is usually accomplished
by means of an e-mail message sent to the subscriber to
which s/he must reply, or containing a URL which s/he must
visit, in order to complete the subscription. However it
is implemented, a fundamental requirement of all lists
is the verification of all new subscriptions.
Mailing
list administrators must provide a simple method for subscribers
to terminate their subscriptions, and administrators should
provide clear and effective instructions for unsubscribing
from a mailing list. Mailings from a list must cease promptly
once a subscription is terminated.
Mailing
list administrators should make an "out of band" procedure
(e.g., a means of contact by which messages may be sent
for further correspondence via e-mail or telephone) available
for those who wish to terminate their mailing list subscriptions
but are unable or unwilling to follow standard automated
procedures.
Mailing
list administrators must ensure that the impact of their
mailings on the networks and hosts of others is minimized
by proper list management procedures such as pruning of
invalid or undeliverable addresses, or taking steps to
ensure that mailings do not overwhelm less robust hosts
or networks.
Mailing
list administrators must take adequate steps to ensure
that their lists are not used for abusive purposes. For
example, administrators can maintain a "suppression
list" of e-mail addresses from which all subscription
requests are rejected. Addresses would be added to the
suppression list upon request by the parties entitled to
use the addresses at issue. The purpose of the suppression
list would be to prevent subscription of addresses appearing
on the suppression list by unauthorized third parties.
Such suppression lists should also give properly authorized
domain administrators the option to suppress all mailings
to the domains for which they are responsible.
Mailing
list administrators must make adequate disclosures about
how subscriber addresses will be used, including whether
or not addresses are subject to sale or trade with other
parties. Once a mailing list is traded or sold, it may
no longer be an opt-in mailing list. Therefore, those who
are acquiring "opt-in" lists from others must
examine the terms and conditions under which the addresses
were originally compiled and determine that all recipients
have in fact opted-in specifically to the mailing lists
to which they are being traded or sold.
Mailing
list administrators should make adequate disclosures about
the nature of their mailing lists, including the subject
matter of the lists and anticipated frequency of messages.
A substantive change in either the subject matter or frequency
of messages may constitute a new and separate mailing list
requiring a separate subscription. List administrators
should create a new mailing list when there is a substantive
change in either the subject matter or frequency of messages.
A notification about the new mailing list may be appropriate
on the existing mailing list, but existing subscribers
should never be subscribed automatically to the new list.
For example, if Company A acquires Company B, and Company
B has compiled opt-in mailing lists, Company A should not
summarily incorporate Company B's mailing lists into its
own.
*This
spam (UCE) Accepted Use Policy and all other Door County Networking
policies are subject to change by Door County Networking without
notice. Continued usage of the services after a change to this
policy is implemented and posted on the Door County Networking
site constitutes your acceptance of such change or policy.
We encourage you to regularly check the Door County Networking
site for any changes or additions. Review our Terms of Service
(TOS) for further information regarding our policies.
Virtual
Shared Servers
Because
the Internet is a global communication tool, and we have clients
from nearly every country in the world it is difficult to dictate
what is considered "adult material." However, it
is not our function to discriminate against those who choose
to utilize adult content or adult related material. This being
said, there are still several reasons why Door County Networking
has been forced to create its no adult sites policy for its
virtual and bulk reseller server users, including but not limited
to direct customers, resellers and resold accounts.
What
does Door County Networking consider "Adult Material"?
Any
site whose revenue is gained in part or whole from its
adult content.
Photos
or videos showing frontal nudity on either men or women
for non-scientific or non-artistic purposes.
Hyperlinks
to adult sites, including but not limited to sites who
violate these policies.
Sites
that have discussion boards and share information that
is 'adult' in nature.
Sites
that sell or promote 'adult' material, including but
not limited to adult toys.
Door
County Networking reserves the right to decide what it
considers "adult content", "adult material", "sexually
explicit", or "sexually related". Let us
know if you are unsure of the approval of your site before
placing an order. Please email sales@door-county.net for
review of your content and/or site.
Why
does Door County Networking have this policy?
Bandwidth
and Resources
A virtual server is a shared environment where many servers reside
on each particular machine. This being said, consider that an average "adult
site" gets more hits than 100 standard web sites. Some of the
smaller adult sites get around 5 GB of transfer per day. With these
types of resources being utilized, our servers would be severely slowed
if we allowed these high traffic sites to also reside on our servers.
On top of that, we would be forced to raise our prices to pay for the
additional bandwidth. We strive to keep our servers fast and inexpensive,
and our bandwidth clear; therefore, adult sites are not an option.
Banned
IPs
Adult sites tend to get blocked. Since many of our shared accounts
also share IP addresses and/or the range of IPs are blocked, all other
users on that server or network range are impacted.
Association
Many people do not want to be associated with adult content, based
on personal opinions and beliefs. IPs are assigned to a server
in ranges and IP address are in many cases shared IPs. Consequently,
we want our shared servers to be 'adult content' free.
Dedicated
and Colocation servers
Because
we can swip the IPs and assign them to the owners of these
accounts, we do allow our dedicated and colocation customers
to have adult content on their servers. All of our Terms
of Service and Acceptable Use policies do apply, including,
but not limited to:
UCE
/ Spam: Adult sites tend to use UCE/spam as a source
of marketing. Before considering using our services
for Adult material, please review our spam policy. We
have zero tolerance for spam.
Illegal
Content: We do not allow any illegal activities on
our network, including, but not limited exploitation
of minors.
Illegal
Activities
Intellectual
Property Violations
Engaging
in any activity that infringes or misappropriates the intellectual
property rights of others, including copyrights, trademarks,
service marks, trade secrets, software piracy, and patents held
by individuals, corporations, or other entities. Also, engaging
in activity that violates privacy, publicity, or other personal
rights of others. Door County Networking is required by law to
remove or block access to customer content upon receipt of a
proper notice of copyright infringement. It is also Door County
Networkings policy to terminate the privileges of customers who
commit repeat violations of copyright laws. Reference our copyright
infringement policy for more information.
Illegal
or Unauthorized Access to Other Computers or Networks
Accessing
illegally or without authorization computers, accounts, or networks
belonging to another party, or attempting to penetrate security
measures of another individual's system (often known as "hacking").
Also, any activity that might be used as a precursor to an attempted
system penetration (i.e. port scan, stealth scan, or other information
gathering activity).
Forging
of Headers
Forging
or misrepresenting message headers, whether in whole or in part,
to mask the originator of the message.
Export
Control Violations
Exporting
encryption software over the Internet or otherwise, to points
outside the United States.
Other
Illegal Activities
Engaging
in activities that are determined to be illegal, including advertising,
transmitting, or otherwise making available ponzi schemes, pyramid
schemes, fraudulently charging credit cards, and pirating software.
Our Shared Server Resource
Abuse
Door
County Networking allows CGI, PHP, Perl and many other normal
processes used for hosting to be used on all Virtual Servers.
These processes can be resource intensive however, and because
a Virtual Server must be shared with other users, we must limit
how much of the CPU, memory, disk I/O, disk space and database
use can be used by any one account on a shared server. Therefore
any program (application, script, etc.) or usage that consumes
too many resources that impacts other customers in either performance
or reliability is considered resource abuse. Shared servers
are 'shared' and we all need to play fair. In the event a user
requires more resources than is acceptable on a shared server
environment, a dedicated solution, such as our dedicated or
colocation services are recommended.
What
does Door County Networking consider "System Resource
ABUSE"?
Any
site whose traffic, programs and/or processes are using excessive
amounts of system resources. Excessive amounts is defined as
any amount that results in substantial degradation of server
performance. Door County Networking is the sole determinant
of what constitutes degraded server performance.
Although
our Bulk Reseller plans have larger disk space and bandwidth
availability, these accounts are intended for small to medium
sized web sites and traffic loads. The BR Accounts are not
intended for large, busy, resource intensive web sites and
they will be suspended if found impacting server performance. Large
busy sites, especially those using databases, usually require
a dedicated solution due to resource usage. Our Dedicated
Servers options are better suited for these type of sites
since they do not impact other users.
Examples
include, but are not limited to:
Flat
File Database Driven Forums
Due to their use of flat files instead of databases, Door County Networking
does not allow the use of UBB or YABB bulletin boards. Use of
these boards for large or very active forums, results in system performance
degradation, and cannot be allowed in our shared server environment.
Door County Networking suggests using VBulletin or phpBB as a more
efficient, database-driven alternative to these bulletin boards. Busy
sites with large forums and data bases are not suited to a shared server
environment.
Background
Running Processes
Background Daemons in general are prohibited on Door County Networking
servers, including, but not limited to, IRC bots, eggdrop, BitchX,
XiRCON, warez sites and any other program that interferes with
normal server operation.
Cron
Jobs
We allow customers to set up cron jobs to perform routine functions
automatically. Due to the impact on the server, running some automated
processes can take up considerable server resources and in those cases,
our technicians may disable the cron job.
Mailing
Lists
We have a strict policy regarding use/spam on our network, but we do
allow use of mailing lists within the constraints of our spam policy. However,
sending thousands of e-mails off of a given server can impact the performance
of the server. Therefore we limit the amount of e-mail allowed on our
Shared Virtual Servers (including the Bulk Reseller servers) to no
more than 1000 e-mails per day and 30 emails in 10 seconds.
Exploitable
Scripts
Unfortunately, many commonly used scripts can be exploited to allow
unauthorized users into our systems. Consequently we may on occasion
need to ban and consequently disable these scripts. You can view the
most current exploits on our banned-scripts page.
Other
Other resource intensive scripts (depending on traffic) include but
not limited to:
- adcycle
Other
applications that are prohibited on our virtual servers include
but are not limited to:
- offsite search engines
Why
does Door County Networking have this policy?
Server
Speed and Fairness to others. A Virtual Server is shared. As
such, there are many accounts per machine. In all fairness,
Door County Networking cannot allow one or two clients to use
all of the System resources on a shared machine and have all
other clients on the machine suffer because of it. Excessive
usage by one or more clients causes extreme slowness in all
areas: FTP, SSH, Web Sites and more. If the CPU, disk I/O and/or
memory usage gets too far out of hand, all sites hosted on
the machine will return Errors and not be accessible in any
way.
What
happens if I violate this policy?
All
accounts that are found to be using excessive amounts of system
resources will receive an e-mail warning from Door County Networking.
This warning will inform you that the site is using excessive
system resources. Door County Networking will provide options
for reducing the usage and/or upgrading your account. If the
situation is severe, we may suspend the account or process
immediately to bring performance of the server back to an acceptable
level. 24 hours notice will be given if at all possible.
Unfortunately,
many good things are turned on us to be used for nefarious
activities. Commonly used scripts are frequently exploited
to allow unauthorized access to the systems they are running
on. Others just require more resources than is allocated on
a shared server environment.
Consequently,
in order to keep Door County Networking network and servers
safe, we may need to take actions that inconvenience our good
customers. Any time we find scripts or other commonly used
tools that can become easily compromised or impact other users
by using too many server resources, we may need to disable
scripts or other tools installed and used by our customers.
Whenever
possible, we will notify our customers in advance. We
will also attempt to keep this page updated with current scripts
which will require removal from our shared servers and/or our
network.
This
list includes script/program names, reason for ban, who/what
servers they are banned on (e.g. our Shared or Network wide)
and provide alternative options for our customers whenever
possible.
Engaging
in any activity that infringes or misappropriates the intellectual
property rights of others, including copyrights, trademarks,
service marks, trade secrets, software piracy, and patents
held by individuals, corporations, or other entities. Also,
engaging in activity that violates privacy, publicity, or other
personal rights of others. Door County Networking is required
by law to remove or block access to customer content upon receipt
of a proper notice of copyright infringement. It is also Door
County Networkings policy to terminate the privileges of customers
who commit repeat violations of copyright laws.
Defamatory
or Abusive Language
Using
Door County Networkings network as a means to transmit or
post defamatory, harassing, abusive, or threatening language.
Any
content that is discriminatory based on gender, race, age
and/or promotes hate or violence is prohibited.
Usenet
Group postings that violates our TOS
Door
County Networking reserves the right not to accept postings
from newsgroups where we have actual knowledge that the content
of the newsgroup violates the AUP.
Facilitating
a Violation of our TOS
Advertising,
transmitting, or otherwise making available any software, program,
product, or service that is designed to violate this AUP, which
includes the facilitation of the means to spam, initiation
of pinging, flooding, mail bombing, denial of service attacks,
and piracy of software.
Other
activities Door County Networking determines to be harmful
Engaging
in activities, whether lawful or unlawful, that Door County
Networking determines to be harmful to its clients, operations,
reputation, goodwill, or customer relations.
As
we have pointed out, the responsibility for avoiding the harmful
activities just described rests primarily with the client.
Door County Networking will not, as an ordinary practice, monitor
the communications of its client to ensure that they comply
with Door County Networking policy or applicable law. When
Door County Networking becomes aware of harmful activities,
however, it may take any action to stop the harmful activity,
including but not limited to, removing information, shutting
down a web site, implementing screening software designed to
block offending transmissions, denying access to the Internet,
or take any other action it deems appropriate.
Door
County Networking also is concerned with the privacy of on-line
communications and web sites. In general, the Internet is neither
more nor less secure than other means of communication, including
mail, facsimile, and voice telephone service, all of which
can be intercepted and otherwise compromised. As a matter of
prudence, however, Door County Networking urges its clients
to assume that all of their on-line communications are insecure.
Door County Networking cannot take any responsibility for the
security of information transmitted over Door County Networkings
facilities.
Door
County Networking will not intentionally monitor private electronic
mail messages sent or received by its clients unless required
to do so by law, governmental authority, or when public safety
is at stake. Door County Networking may, however, monitor its
service electronically to determine that its facilities are
operating satisfactorily. Also, Door County Networking may
disclose information, including but not limited to, information
concerning a client, a transmission made using our network,
or a web site, in order to comply with a court order, subpoena,
summons, discovery request, warrant, statute, regulation, or
governmental request. Door County Networking assumes no obligation
to inform the client that client information has been provided
and in some cases may be prohibited by law from giving such
notice. Finally, Door County Networking may disclose client
information or information transmitted over its network where
necessary to protect Door County Networking and others from
harm, or where such disclosure is necessary to the proper operation
of the system.
We
hope this AUP is helpful in clarifying the obligations of Internet
users, including Door County Networking and its clients, as
responsible members of the Internet. Any complaints about a
client's violation of this AUP should be sent to abuse@door-county.net.
RedHat
Linux :: Apache :: PHP4 :: MySQL :: cPanel6 :: Web Mail :: 24/7 Technical
Support