Web Hosting Disclaimer & Agreement

I agree to the following hosting agreement terms;

Hester Designs provides hosting services and support using hardware and data provider TVCNet. The following policies are transferred to Hester Designs hosting customers as part of TVCNet’s services.

Hester Designs & TVCNet reserves the right to remove any materials Hester Designs & TVCNet does become aware of that are, in Hester Designs & TVCNet’ sole discretion, potentially illegal, could subject Hester Designs & TVCNet to liability, or violate this policy. The use of Hester Designs & TVCNet is subject to the following terms and conditions. Violation of any of these can result in immediate termination of services with no refund.

1. Hester Designs & TVCNet services may not be used for illegal purposes, or in support of illegal activities.

2. Hester Designs & TVCNet reserves the right to cooperate with legal authorities and/or injured third-parties in the investigation of any suspected crime or civil wrong. Activities which are prohibited as potentially illegal include, but are not limited to:

Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources, and copyrighted software; posting or e-mailing of scams such as make-money-fast schemes or pyramid/chain letters; threatening bodily harm or property damage to individuals or groups; making fraudulent offers of products, items, or services originating from your account; attempting to access the accounts of others; purposefully editing or deleting an accounts bash_history file, attempting to penetrate beyond security measures of our or other systems (referred to as hacking) whether or not the intrusion results in corruption or loss of data; or harassing others by ‘mail-bombing.’ ‘Mail-bombing’ is defined as sending more than ten (10) similar mail messages to the same e-mail address; forging any message header, in part or whole, of any electronic transmission, originating or passing through Hester Designs & TVCNet services; distributing viruses to or from Hester Designs & TVCNet systems.

3. Anti-SPAM Policy.

SPAM is unsolicited broadcast or commercial e-mail that is sent to addresses that do not affirmatively and verifiably request such material from that specific sender, including but not limited to advertising, surveys, information pieces, third-party spamming, web site addresses, sales, and auctions.

Hester Designs & TVCNet fully supports the CAN-SPAM (Controlling the Assault of Non-Solicited Pornography and Marketing Act) Act of 2003, which essentially states that recipients must give ‘affirmative consent’ before receiving commercial e-mail; recipients of commercial e-mail have a right to decline, or opt-out, of receiving further commercial e-mail; senders of commercial e-mail cannot mislead recipients concerning the origin of the e-mail or its content (i.e., the commercial nature of the e-mail must also be obvious and clear); and senders must use approved methods to obtain recipients’ e-mail addresses. For more details see The CAN-SPAM Act: A Compliance Guide for Business.

Unsolicited commercial e-mail (UCE) may not contain an e-mail address or a domain name that is hosted on Hester Designs & TVCNet web servers or name servers.

Upon receipt of an unsolicited e-mail complaint, web site owner will be contacted and asked to discontinue all unsolicited e-mail broadcasts.

If a response is not received from web site owner within 24 hours, or unsolicited e-mail continues to be sent from account, the account may be closed.

Opt-in mailing lists. The verified opt-in mailing list is the industry standard method for sending legitimate e-mail broadcasts. Definition: An opt-in mailing list “must receive confirmation” from the e-mail address respectively before the address can be added to a broadcast list. For example, e-mail confirmation, or confirmation via a web page before the address is added to the mailing list is a common form of confirmation. Mailing lists without confirmation are in violation of these policies.

4. Hester Designs & TVCNet abides by the same editorial and advertising standards followed by major U.S. magazines and general publications.

Hester Designs & TVCNet fully supports the Digital Millennium Copyright Act (DMCA). It is our policy to respond to notices of alleged copyright infringement in a timely manner, and take reasonable action in respect to the guidelines specified in the DMCA. Trademark disputes are not covered within the DMCA, and complaints related to U. S. trademark law will be e-mailed to the owner of the website account respectively.

Pictures depicting nudity and/or content unacceptable for viewing or reading by minors is not allowed. Pornographic pictures, text, or domain names will be cause for immediate account termination or suspension without prior notification.

Hester Designs & TVCNet may not be used to host the following related web sites: alcohol or tobacco; illegal drugs; hate groups; or web sites inappropriate for viewing by minors.

5. Web Server Fair Use and Limitations.

Use of server accounts for process-heavy jobs, such as MUD, IRC or IRC Bots, or bulk e-mailing scripts are not allowed. Cron processes should not be scheduled to run more than once per 10 minutes without express permission from Hester Designs & TVCNet staff. Scripts that have a perceivable affect on the stability or reliability of a shared web server will be disabled, and notice will be sent to the manager of the account accordingly. As a general rule, individual processes may not consume more than 500k of active memory, or consistently use more than 20% of available server processes.

In order to prevent the abuse of server e-mail accounts, the sending of e-mail may be limited to 600 messages per hour. Dedicated servers are not limited in regard to the number of e-mail messages that may be sent per hour, though opt-in requirements still apply (see items above for details).

Clients may not run network processes that compromise our network or the network of others. While bursts of up to 40 Mbps (megabits per second) are allowed, servers will not exceed an average 10Mbps for a protracted period.

6. Uptime Guarantee.

Hosting services aim for 99.9% uptime for a given month. This can vary with given resources for your account. If resources are exceeded, they will be adjusted accordingly to restore service, and client will be billed accordingly.

7. Change of Main Account Passwords

Changing the main account password for the hosting’s c-panel is not allowed. Attempts to change this can result in breach of this agreement, and grounds for termination of services.

8. Cancellation of Services.

All clients must give 30 days notice of cancellation of services, or be billed for the month following. No refunds are given on hosting services used for 30 days or more.

9. Support for Services.

All support will be provided solely by Hester Designs. Any attempt to contact TVCNet directly will result in breach of this agreement, and grounds for termination of services.

10. Limitation of liability.

By signing this document, You agree that Hester Designs / TVC entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). Neither Hester Designs / TVC nor our contractors or third-party beneficiaries shall be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services.

You agree to take full responsibility for files and data transferred, and to maintain all appropriate backup of files and data stored on our servers. We will not be responsible for any data loss from your account, and under no circumstance will Hester Designs & TVCNet be liable for damages of any kind for loss of account files or data on any Hester Designs & TVCNet server.

Hester Designs & TVCNet can not control the business practices or integrity of domain name registrar databases. Due to these limitations, checks for domain name availability may not be accurate. If, following a domain name registration, the registration is denied by the registrar, payments made will be fully credited within 24 hours.

11. Indemnity. By signing this document, you agree to protect, defend, indemnify and hold harmless Hester Designs / TVCNet and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Hester Designs & TVCNet directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of these Terms of Use or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of these Terms of Use or your use of this Site or the Services found at this Site.

12. Hester Designs & TVCNet reserves the right to revise its terms, conditions and acceptable use policy at any time.

For further explanation of any portion this document, and the terms set herein, or to determine whether your intended activities are permissible under the terms of this document, please contact Hester Designs directly at 405-235-5363.

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