Acceptable Use Policy
(AUP)
Sharp Hook Designs provides Internet World Wide Web
page hosting, Marketing, and Development. Sharp Hook
Designs has certain legal and ethical responsibilities
consisting with the use of its server and equipment
involved in these services.
Sharp Hook Designs general policy is to act as a provider
of Internet presence. Sharp Hook Designs reserves the
right to suspend or cancel a customer's access to any
or all services provided by Sharp Hook Designs when
we decide that the account has been inappropriately
used.
server abuse
Any attempt to undermine or cause harm to a server,
or customer, of Sharp Hook Designs is strictly prohibited.
Unauthorized use of other people's accounts or computers
Sharp Hook Designs will strongly react to any use or
attempted use of an Internet account or computer without
the owner's authorization. Such attempts include "Internet
scamming" (tricking other people into releasing
their passwords), password robbery, security hole scanning
etc.
Any unauthorized use of accounts or computers by a
Sharp Hook Designs customer, whether or not the attacked
account or computer belongs to Sharp Hook Designs, will
result in action against the attacker. Possible actions
include warnings, account suspension or cancellation,
and civil or criminal legal action, depending on the
seriousness of the attack.
IMPORTANT NOTE - Sharp Hook Designs LLC has the right
to discontinue service, or deny access to anyone who
violates our Policies or the terms and conditions shown
below WITHOUT WARNING OR PRIOR NOTICE. No refunds of
fees paid will be made if account termination is due
to violation of the terms outlined below.
Customers may not run IRC, bots or clients on shared
servers. Unacceptable uses also include, but are NOT
limited to: Bulk emailing, unsolicited emailings, newsgroup
spamming, pornographic content, illegal content, copyright
infringement, trademark infringement, warez, cracks,
software serial numbers, and/or anything else determined
by Sharp Hook Designs to be unacceptable use of Sharp
Hook Designs's services including abuse of server resources.
Shared hosting accounts may be terminated that include
the following content or which have links to the following
content: Providing material that is grossly offensive
to the Web community including blatant expressions of
bigotry, racism, hatred, or profanity Promoting or providing
instructional information about illegal activities,
or promoting physical harm or injury against any group
or individual Displaying material containing obscene
nudity or pornographic material (not applicable to managed
dedicated servers) Displaying material that exploits
children under 18 years of age Acts of copyright infringement
including offering pirated computer programs or links
to such programs, information used to circumvent manufacturer-installed
copy-protect devices, including serial or registration
numbers for software programs, or any type of cracker
utilities
Abuse of unlimited Traffic
Sharp Hook Designs's customers are privileged to be
offered unlimited traffic for their web sites. The intention
of Sharp Hook Designs is to provide a large space to
serve web documents, not an off site storage area for
electronic files. All (90%) of your web pages (html)
must be 'linked' with files (.GIF, .JPEG, etc.) stored
on Sharp Hook Designs's server. Web sites that are found
to contain either/or no html documents, a large number
of unlinked files are subject to warning, suspension
or cancellation at the discretion of Sharp Hook Designs
management. Any customer who violates Sharp Hook Designs's
Policies in abusing either space/site transfer will
be notified and given 2 days to remedy the problem.
If the problem is not resolved within the allotted period,
the client will be billed for the overages. For those
that do not qualify for the unlimited service, traffic
will go unmonitored until you reach the amount of quote
allocated to your specific web hosting plan. Thereafter,
normal data transfer cost of $10.00/1GB/month will be
billed to your account. If you want to pre-pay for bandwidth
overages, you will be billed $5.00/1GB/month.
You will have 3 days to pay for your overages. If you
do not pay for your overages your site will be disabled
within 3 days of your first notice. This does not apply
to co-location clients. Co-location clients will be
billed for the overages based on switch reports. Co-location
clients must pay for the overages IMMEDIATELY once billing
or Sharp Hook Designs has the sole decision to deactivate
any and all servers.
Sharp Hook Designs will be the sole arbiter as to what
constitutes a violation of this provision.
The unsolicited email (Spam)
Unsolicited commercial advertisements (spam) are not
allowed in e-mail, and will likely result in account
cancellation. Sharp Hook Designs takes a zero-tolerance
approach to spam originating from our servers or for
spam advertising of domains hosted on our servers. We
will charge the compromised account up to $25 per unsolicited
email message sent.
The following activities are not allowed: Unsolicited
bulk or commercial messages ("spam"). This
includes, but is not limited to, bulk mailing of commercial
advertising, informational announcements, charity requests,
petitions for signatures, and political or religious
tracts. Such messages may only be sent to those who
have explicitly requested it from your domain. Forging,
altering or removing electronic mail headers is prohibited.
Any domain sending stealth spam will be terminated without
warning and without refund. Sending numerous copies
of the same or substantially similar message with the
intent to disrupt a server or account ("mail bombing").
Spamming Newsgroups: Commercial advertisements are unwelcome
in most Usenet discussion groups and on most e-mail
mailing lists. Inappropriate posting may result in account
cancellation. See the newsgroup or mailing list's charter
for whether advertising is allowed or not. "Spamming,"
or sending a message to many different off-topic newsgroups,
is particularly unethical and will be treated as such.
Mail may not be used to harass or intimidate others.
Harassment, whether through language, frequency of messages,
or size of messages, is prohibited. Sending a single
unwelcome message may be considered harassment. If a
recipient asks to stop receiving e-mail, you must not
send that person any further messages.
Note: If you use the services of another provider to
promote a web site hosted by or through Sharp Hook Designs
(spamvertising), then the provisions of the above Policy
shall apply as if the spam were sent through our servers.
Chat rooms
We do not allow clients to install their own chat rooms
within a shared hosting account, without approving it
with the Sharp Hook Designs Support Team. Most chat rooms
tend to be large system hogs and we cannot allow it as
an account option. However, we do provide a choice of
Java chat rooms for a small extra charge that will more
than fill your needs and run without hindering the performance
of the machine for others. Note: Parachat chat rooms do
not apply to this rule. They are perfectly fine to install.
Abuse of SMTP mail server
We do not allow clients to send more than 2000 pieces
of e-mail per day from a shared hosting account. If
you do send more than 2000 pieces of e-mail per day,
your account will be placed on hold for Network Abuse.
If you are sending legitimate e-mails and they total
more than 2000 per day your account will be moved to
a special server that is specifically designed to handle
high volumes of e-mail. You will be charged $50.00/month
in addition to your regular hosting charges if your
account is moved to this server. Please contact support@sharphookdesigns.net
to have your domain moved.
Payment Policies
All accounts are set up on a pre-pay basis. Setup
fees are charged for all new accounts and major account
changes and are non-refundable. All pricing is guaranteed
for the term of pre-payment. Sharp Hook Designs reserves
the right to change prices at any time, unless other
terms have been agreed upon. Any account not brought
current within a week (7 days) of e-mail notice or exceeding
this time frame in any way is subject to suspension.
The customer is responsible for all money owed on the
account from the time it was established to the time
that the customer notifies Sharp Hook Designs at webmaster@sharphookdesigns.com
to request for termination of services. All payment
is in U.S. currency. Sharp Hook Designs will bill each
client $25 per returned check, per wire transfer received
and per credit card chargeback received. All Sharp Hook
Designs accounts are setup on anniversary billing cycles.
Your particular billing cycle corresponds to the contract
length that was initially chosen at setup. Your account
will automatically renew at this length. There is no
fee to change to a shorter billing cycle at the end
of the current cycle. However, if you wish to change
to a shorter billing cycle, during a current cycle,
there will be a $25.00 fee. Please contact the billing
department at webmaster@sharphookdesigns.com should
you wish to change your anniversay billing cycle.
Cancellation
Sharp Hook Designs reserves the right to cancel service
at any time. All fees paid in advance of cancellation
will be pro-rated and paid by Sharp Hook Designs if Sharp
Hook Designs institutes it's right of cancellation. Any
violation of policies which results in extra costs will
be billed to the customer (i.e. transfer, space etc.)
All of Sharp Hook Designs's web hosting plans are backed
by a 30 day money back guarantee. If you are not completely
satisfied with our services or support within the first
30 days of your contract, you will be given a full refund
of the contract amount excluding setup fees, domain
registration fees, addon/upgrade fees and overages.
Setup fees are refundable only if the account order
is canceled prior to account activation. For all web
hosting clients who cancel, the full contract amount
less any setup fees and overages will be refunded if
Sharp Hook Designs is notified within the first 30 days
following activation. No refund is available after the
30th day. This policy does not apply to any additional
services such as overages, referrer logs, real audio/video,
additional disk space, additional pop accounts, domain
registration fees etc. Due to security concerns, all
account cancellations must be done via our cancellation
forms at webmaster@sharphookdesigns.com . Phone or email
requests will not constitute a! cceptance of any cancellation.
Refunds will be made by company check or issued back
to your credit card within 30 days of receipt of cancellation.
Abuse Intellectual Property Rights
Material accessible to you through Sharp Hook Designs's
services may be subject to protection under the United
States or other copyright laws, or laws protecting trademarks,
trade secrets or proprietary information. Except when
expressly permitted by the owner of such rights, you
must not use Sharp Hook Designs or its servers and network
in a manner that would infringe, violate, dilute or
misappropriate any such rights, with respect to any
material, which you access or receive through the Sharp
Hook Designs network. If you use a domain name in connection
with Sharp Hook Designs or similar service, you must
not use that domain name in violation of any trademark,
service mark, or similar rights of any third party.
iP Address Ownership
Sharp Hook Designs shall maintain and control ownership
of all IP numbers and addresses that may be assigned
to you by Sharp Hook Designs and Sharp Hook Designs
reserves, in its sole discretion, the right to change
or remove any and all such IP numbers and addresses.
Domain Name registration
Customer agrees to pay Sharp Hook Designs prior to the
effectiveness of the desired domain name registration,
the then-current amounts set forth in the Sharp Hook Designs
price schedule for the initial registration of the domain
name and, should Customer choose to renew the registration,
subsequent renewals of the registration. All fees are
non-refundable, in whole or in part, even if Customer's
domain name registration is suspended, cancelled or transferred
prior to the end of Customer's then current registration
term. Sharp Hook Designs reserves the right to change
fees, surcharges, renewal fees or to institute new fees
at any time, for any reason, at its sole discretion. Customer's
requested domain name will not be registered unless and
until we receive actual payment of the registration fee,
and have confirmed Customer's registration in an email
from Sharp Hook Designs to the email address indicated
in Customer's registration application. In the event of
a chargeback by a credit card company (or similar action!
by another payment provider allowed by Sharp Hook Designs)
in connection with the payments of the registration fee
for Customer's domain name registration, Customer agrees
and acknowledges that the domain name registration shall
be transferred to Sharp Hook Designs as the paying entity
for that registration to the registry and that we reserve
all rights regarding such domain name including, without
limitation, the right to make the domain name available
to other parties for purchase. Sharp Hook Designs will
reinstate Customer's domain name registration solely at
Sharp Hook Designs's discretion, and subject to our receipt
of the initial registration or renewal fee and our then-current
reinstatement fee.
Lawful Purpose
Sharp Hook Designs reserves the right to refuse service
to anyone. Customers may only use Sharp Hook Designs server
for lawful purpose. Transmission of any material in violation
of any Federal, State or Local regulation is prohibited.
This includes, but is not limited to copyrighted material,
material legally judged to be threatening or obscene,
and material protected by trade secrets. The designation
of any materials as such described above is left entirely
to the discretion of Sharp Hook Designs management. Regardless
of the place of signing this agreement, the client agrees
that for purposes of venue this contract was entered into
in Wilmington, Delaware, and any dispute will be litigated
or arbitrated in Wilmington, Delaware. Defendants further
waive all objections to venue and acknowledge that venue
in any such litigation will be held in Delaware courts.
IN NO EVENT SHALL SHARP HOOK DESIGNS'S MAXIMUM LIABILITY
EXCEED FIVE HUNDRED ($500.00) DOLLARS.
indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE
AND HOLD SHARP HOOK DESIGNS HARMLESS FROM ANY AND ALL
DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING
REASONABLE ATTORNEY'S FEES ASSERTED AGAINST SHARP HOOK
DESIGNS, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES,
THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR
PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD
BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER
AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS SHARP HOOK
DESIGNS AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY
TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE
DISTRIBUTED IN CONNECTION WITH SHARP HOOK DESIGNS'S SERVER;
(2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY
INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY;
( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS
SOLD TO CUSTOMER FROM SHARP HOOK DESIGNS'S SERVER.
Disclaimer
SHARP HOOK DESIGNS WILL NOT BE RESPONSIBLE FOR ANY DAMAGES
YOUR BUSINESS MAY SUFFER. SHARP HOOK DESIGNS MAKES NO
WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES
WE PROVIDE. SHARP HOOK DESIGNS DISCLAIMS ANY WARRANTY
OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES,
WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS
CAUSED BY SHARP HOOK DESIGNS AND ITS EMPLOYEES. SHARP
HOOK DESIGNS RESERVES THE RIGHT TO REVISE ITS POLICIES
AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED
SERVERS OF SHARP HOOK DESIGNS MUST ADHERE TO THE ABOVE
POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL
BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
Privacy Statement
Sharp Hook Designs follows the strict guidelines of our
customer privacy statement. Please make sure you understand
this statement fully.
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