Terms of Service
Acceptable Usage Policy
Nutmeg Web Service is dedicated to providing an all-round top quality
service. The terms and conditions which follow are necessary to ensure
that we may continue to provide the best possible service to all of our
customers whilst at the same time satisfying our legal and ethical
responsibilities.
Failure to follow any term or condition will be grounds for immediate
account deactivation without notice. Nutmeg Web Service will be the
sole arbiter as to what constitutes a violation of any of these
provisions.
Activity which results in the suspension or deactivation of an account
will result in a forfeiture of all fees paid. Complaints made regarding
abuses of an account will be investigated and if found guilty will be
grounds for immediate suspension.
To report suspected abuses or any violations of these policies, please contact abuse @ NutmegWebService.com
Illegal Usage
Nutmeg Web Service servers may be used for lawful purposes only.
Transmission, storage, or distribution of any information, data or
material in violation of any applicable law or regulation is
prohibited. This includes, but is not limited to: copyrighted material,
trademark, trade secret or other intellectual property right used
without proper authorization, and material that is obscene, defamatory,
constitutes an illegal threat, or violates export control laws.
Examples of non-acceptable content or links: Pirated software, Hackers
programs or archives, Warez sites, MP3, and IRC bots. The
subscriber to Nutmeg Web Service service agrees to indemnify and hold
harmless Nutmeg Web Service from any claims resulting from the use of
the service that damages the subscriber or any other party.
Nutmeg Web Service will be the sole arbiter as to what constitutes a violation of this provision.
Adult Content
Due to special system and network requirements of adult oriented sites,
pornography and sex-related merchandising are prohibited. This includes
sites that may infer sexual content, or links to adult content
elsewhere. This is also true for sites that promote any illegal
activity or content that may be damaging to our servers or any other
server on the Internet. Links to such materials are also prohibited.
Security
Violations of system or network security are prohibited, and may result
in criminal and civil liability. Examples include, but are not limited
to the following: Unauthorized access, use, probe, or scan of a systems
security or authentication measures, data or traffic. Interference with
service to any user, host or network including, without limitation,
mail bombing, flooding, 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.
Server Resource
Any website that uses a high amount of server resources (such as, but
not limited to, CPU time, memory usage, and network resources) will be
given an option of either paying extra (which depends on the resource
needed) or reducing the resource used to an acceptable level. Nutmeg
Web Service shall be the sole arbiter of what is considered to be a
high server usage level.
CGI/PHP/ASP Scripts
Cgi script sharing with domains not hosted by NutmegWebService.com is
not allowed. Any cgi-scripts deemed to be adversely affecting the
server performance or the network integrity will be shut down without
prior notice. See our Script usage policy for more details.
Chat Rooms
Nutmeg Web Service does not allow clients to install their own chat
rooms. Chat rooms tend to be large system hogs and we cannot permit it
as an account option. Nutmeg Web Service does provide a choice of Java
chatrooms which should meet most users' needs and run without hindering
the performance of the machine of our servers.
Background Running Programs and Cron Jobs
Nutmeg Web Service does not allow background Daemons such as IRC bots;
eggdrop; BitchX; XiRCON; and any other program that interferes with
normal server operation.
IRC
Nutmeg Web Service does not allow IRC or IRC bots to be operated on our servers.
Backups
Nutmeg Web Service performs daily backups on all servers to ensure
critical files are never lost. However Nutmeg Web Service is NOT
responsible for lost data, time, income or any other resource due to
faulty backups or non-existant backups.
Client Responsibility
The client is responsible for all activity originating from the account
unless proven to be a victim of outside hacking or address forgery. The
client is responsible for securing their username/password. The client
assumes responsibility for all material on their site that may be put
on by a third party (such as the usage of Free For All links pages).
Use of Nutmeg Web Service's service requires a certain level of
knowledge in the use of Internet languages, protocols, and software.
This level of knowledge varies depending on the anticipated use and
desired content of the web space by the client. The following examples
are offered: Web Publishing: requires knowledge of HTML, properly
locating and linking documents, FTPing Web contents, Graphics, text,
sound, image mapping, etc. FrontPage web publishing: knowledge of the
FrontPage tools as well as Telnet and FTP understanding and capability.
CGI-Scripts: requires a knowledge of the UNIX environment, TAR &
GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of
mail clients to receive and send mail, etc. The client agrees that he
or she has the necessary knowledge to create and maintain their web
space. Client agrees that it is not the responsibility of Nutmeg Web
Service to provide this knowledge or support outside matter specific to
Nutmeg Web Service servers.
UCE (Unsolicited Commerce Email) - SPAM
Spamming, or the sending of mass unsolicited email, from or through a
Nutmeg Web Service server or using an email address that is maintained
on a Nutmeg Web Service machine is STRICTLY prohibited. Nutmeg Web
Service will be the sole arbiter as to what constitutes a violation of
this provision. If you engage in any of the foregoing activities
using the service of another ISP or IPP, but channeling activities
through a Nutmeg Web Service server as a maildrop for responses, you
are in violation. Violators will be assessed a minimum of $200.00
fine and will face an immediate suspension. See our NO SPAM Policy for
more details.
Server abuse
Any attempts to undermine or cause harm to a Nutmeg Web Service server or customer of Nutmeg Web Service is strictly prohibited.
Any sub-networks of Nutmeg Web Service and dedicated servers must
adhere to the above policies. The failure to meet or follow any of the
above guidelines are grounds for account deactivation. We reserve the
right to remove any account without prior notice.
Software Distribution
NutmegWebService.com's shared Web Hosting accounts are not to be used
for the purposes of distributing software and multimedia
products. If you wish to distribute software and/or multimedia
files, please contact sales at Nutmeg Web Service for special
arrangement.
Multimedia Files
Multimedia files are defined as any graphics, audio, and video files.
NutmegWebService.com Web Hosting accounts are not to be used for the
purposes of distributing and storing unusual amount of multimedia
files. Any Web site whose disk space usage for storing the
multimedia files exceed 70% of its total usage, either in terms of
total size or number of files, will be deemed to be using unusual
amount of multimedia files.
Domain Names
Nutmeg Web Service will take necessary steps to register domain names
on behalf of the client when requested. However, clients are
responsible for renewing their domain names. Nutmeg Web Service does
not take responsibility for failing to renew domain names. If your
domain name was registered via our company, you must check and take
appropriate actions to renew a domain that is about to expire. We do
not handle renewals unless specifically asked.
Database
Any database stored on NutmegWebService.com servers shall be limited in
size to 20% of the total disk space allotted for a particular domain.
Actions Taken by Nutmeg Web Service
The failure by a customer to meet or follow any of the above
policies/terms is grounds for account deactivation. Nutmeg Web Service
will be the sole arbiter as to what constitutes a violation of the AUP.
Nutmeg Web Service reserves the right to remove any account without
prior notice.
When Nutmeg Web Service becomes aware of an alleged violation of its
AUP, Nutmeg Web Service will initiate an investigation. During the
investigation, Nutmeg Web Service may restrict a customer's access in
order to prevent further potentially unauthorized activity. Depending
on the severity of the violation, Nutmeg Web Service may, at its sole
discretion, restrict, suspend, or terminate a customer's web hosting
account and/or pursue other civil remedies. If such violation is a
criminal offense, Nutmeg Web Service will notify the appropriate law
enforcement authorities of such violation.
Nutmeg Web Service does not issue credits for outages incurred through service disablement resulting from AUP violations.
Nutmeg Web Service customers agree to indemnify and hold harmless
Nutmeg Web Service from any claims resulting from the use of our
services that damages them or any other party. The Nutmeg Web Service
service is provided on an as is, as available basis without warranties
of any kind, either express or implied, including, but not limited to,
warranties of merchantability, fitness for a particular purpose or
non-infringement. Nutmeg Web Service expressly disclaims any
representation or warranty that the Nutmeg Web Service service will be
error-free, secure or uninterrupted. No oral advice or written
information given by Nutmeg Web Service, its employees, licensors or
the like, will create a warranty; nor may you rely on any such
information or advice. Nutmeg Web Service and its partners and
suppliers will not be liable for any cost or damage arising either
directly or indirectly from any transaction or use of the service.
Modification
Nutmeg Web Service reserves the right to add, delete, or modify any provision of this Policy at any time without notice.
Refusal Of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion.
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