To maintain server integrity and ensure a
safe hosting environment, we insist that each customer accept the following policies
prior to soliciting our services. Ultimately, our goal is to protect your web
investments!
Illegal Activities
Web Panache does not support
illegal activities of any kind. These activities may include, yet are
not limited to spamming; copying, distributing and/or publishing literature,
images, software or music that violates any copyright laws; harassment,
fraud or misrepresentation; trafficking of obscene or racial material,
illegal drugs or any other illegal or harmful substance. We do not accept
responsibility for policing customer actions, however, we
will comply with any legal authority requesting information about possible
illegal activities. If illegal activity is brought to our attention we
will warn the customer and/or dis-activate the account depending on the
nature of the violation.
Service Abuse
Abuse of Web Panache services is not tolerated. Service
abuse includes yet is not limited to "Spamming" (sending unsolicited material to
numerous email addresses, or exceeding a reasonable distribution level for regular
e-mail), "Trolling" (posting outrageous messages to generate numerous
responses), or "Mailbombing" (sending multiple messages without significant new
content to the same user); commercial solicitations using return e-mail addresses which do
not exist or are unauthorized by the address owner; subscribing someone else to a mailing
list without that person's permission, cross-posting articles to an excessive number of
newsgroups, or attempting without authorization to enter into a secured computer system;
or attempting to use server related resources or applications without permission.
Note: Web
Panache reserves the right to automatically charge customers at the
rate of $200 an hour for any time spent processing service abuse
complaints (particularly spam related)
generated by a customer's web site or e-mail accounts. As an ISP, we do
not tolerate spam. Any site found to generate spam will be
immediately deactivated, and the customer charged for any time spent by Web
Panache responding to third party complaints.
Misuse of System Resources
Web Panache reserves the right to determine what constitutes
misuse of system resources. Examples include: permitting
use of mail services, mail forwarding capabilities, POP accounts or any
other resource for third parties. In
addition, Web Panache servers should not be used as offsite storage facilities
for electronic files. All files (.gif, .jpeg, .exe, etc.) must be associated with an HTML
file or application stored on the server.
Executable Files
An executable file
(i.e. “.exe”) is any file
that performs an action, carries out a command or executes a program.
Unlike source files, executable files must pass through a compiler or
assembler to run.
To ensure server
integrity, Web Panache requires its Customers to acknowledge in
writing and comply with the following conditions concerning executable
files. The Customer is also responsible for the acknowledgement and
compliance of all and any third party Developers, Web Masters or other
entities in their employ accessing or manipulating their web site files for
any reason:
- The Customer agrees to
provide Web Panache with source code copies of each executable
file, a summary of the installation instructions and a description
of the behavior.
- If the program
containing the executable file(s) was purchased from a vendor, the
Customer agrees to provide Web Panache with the vendor name,
software name and software version number.
Each
executable file is evaluated in advance on a case-by-case basis.
Web Panache reserves the right to deny and/or remove any .exe
file at its own discretion.
Files found to be non-compliant with the remaining policies will not
be installed:
- Executable
files that impact other accounts are not permitted.
- Executable
files that attempt to read, write or execute files of other customers
are not permitted.
- Executable
files found capable of modifying or negatively impacting any operating
system components, system files or machine settings are not permitted.
- Executable
files capable of compromising data security or server integrity in any
way are not permitted.
Note: Web
Panache reserves the right to automatically charge customers at the
rate of $200 an hour for any time spent processing complaints or
restoring machines as a result of faulty .exe files or applications.
Custom Applications and Development
Web Panache servers are "production" machines and
may not be used for application development of any kind. All custom code must be
fully tested prior to installation. Common and
self-designed CGI scripts are allowed, however, they must be commercial grade and not
consume excessive CPU time, storage or memory. Execution rights will be immediately
removed from any folder containing a custom or non-supported commercial application found
to negatively impact server performance or to cause server errors of any kind.
Server Access
You will be provided with full access to all directories, folders
and server features agreed upon in your order form (FrontPage extensions, FTP Access, CGI
Bins, e-mail accounts, etc.) You may expect access 24 hours a day 7 days a week
excluding occasional and reasonable "down time" periods as well as brief server
maintenance periods.
Limitation of Liability Agreement
You expressly agree that use of our service is at your sole risk.
Neither Web Panache nor any of its information providers, affiliates,
employees or third party vendors warrant that the service will be
uninterrupted or error free; nor does Web Panache nor any of its information
providers, affiliates, employees or third party vendors make any warrantee
as to the results to be obtained from use of the service. The service
is distributed on an "as is" basis without warranties of any kind,
either expressed or implied including but not limited to warranties of title
or implied warranties of merchantability or fitness for a particular purpose
or use with respect to the service or information. Neither Web Panache nor
anyone else involved in creating, producing or delivering the service shall
be liable for any direct, indirect, incidental, special or consequential
damages arising out of the use of the service or inability to use the
service or out of any breach of any warranty.
If a customer does not comply with the preceding
guidelines and agreement,
action will be taken.
Action may include a written warning or
suspension or cancellation of any or all services. In the event of an account
cancellation, no refund will be made.
