The terms and conditions outlined below are designed to protect and benefit all clients. In particular, they attempt to ensure that the servers are used only for legal and appropriate purposes, and that no client uses an 'unfair' proportion of the system's resources.
Your site must not contain material, or contain any link to material, which is unlawful,, gambling-related, threatening, hateful, or which encourages unlawful behavior. This includes any site with material relating to hacking or pirated software. We have sole discretion to determine whether a site's content is acceptable. Sites with unacceptable content will be removed from our servers.
The following items will be considered a violation of the terms of service:
IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited.
Proxies - We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.
PortScanning - We do not allow any kind of portscanning to be done on or from our servers or network.
Commercial Advertising - Email - In addition to termination of any account found to be in violation of our "Commercial Advertising - Email" rules there will also be a $100 penalty fine applied for every email sent in violation of these rules.
- Spamming, i.e. the sending of unsolicited email, from any Transparent Technologies server or any server located on the Transparent Technologies network is STRICTLY prohibited. Transparent Technologies will be the sole arbiter as to what constitutes a violation of this provision. This also includes Optin Optout mail programs and mail that either directly or indirectly references a domain contained within an account at Transparent Technologies.
- Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Transparent Technologies customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to or from any Transparent Technologies.-hosted domain, or referencing any Transparent Technologies account, is prohibited.
- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks is prohibited.
- Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
- Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.
- Email Removal - Mailing Lists run by customers must provide a valid and simple method for each recipent to unsubscribe from the mailing list in every email. Mailing Lists must remove the recipeint immediatly upon request and send no further emails to that address. Email address that bounce or reject email must immeditaly be removed from the mail list.
Server Abuse - Any attempts to undermine or cause harm to a Transparent Technologies server or subscriber of Transparent Technologies is strictly prohibited including, but not limited to:
- Logging into a server or account that you are not authorized to access
- Accessing data or taking any action to obtain services not intended for you or your use
- Attempting to probe, scan or test the vulnerability of any system, subsystem or network
- Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
- Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the System
- Interfering with, intercepting or expropriating any system, data or information
- Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system
Email Forwarding Restrictions - Effective 5/15/2007 Customers are not allowed to setup email forwards to AOL, YAHOO, HOTMAIL, or MSN email accounts for
any reason. Further, customers must ensure that any email forwards setup to other domains, are correctly configured so that the email account
you are forwarding to accepts ALL email sent to. Email accounts accepting forwarded mail should not bounce, reject, or otherwise delay messages
believed to be SPAM or other unwanted email, as this causes an undue load burden on our mail servers. Recieving mail server should further not penalize our mail server for SPAM that is forwarded by this email setup. Email forwards setups that violate this
rule are subject to removal and further account action (suspension/termination) as deemed necessary by Transparent Technologies, Inc.
You will be held responsible for all actions performed by your account whether it be done by you or by others.
Limitation of Liability
The client agrees to indemnify and hold this hosting service and its associates harmless from any claims resulting from the use of the service, including claims relating to damage to the subscriber or to any other party.
Scheduled Maintenance and Downtime
Transparent Technologies takes commercially reasonable effort to provide service 24 hours a day seven days a week. From time to time the serice may be inaccessible or inoperable for various resons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond Transparent Technologies's control or which are not reasonably foreseeable by Transparent Technologies, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. Transparent Technologies will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. Transparent Technologies has no responsibility for downtime resulting from a user's actions.
Limitations on Resource Use
User acknowledges that the Service is provided on a shared server and agrees not to engage in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate amount of the resources of the Transparent Technologies servers, including without limitation, use of highly active CGI scripts or chat scripts.
Any account using 15% or more of the server CPU or memory can be suspended and/or terminated.
Any account that uses excessive amounts of bandwidth can and will be subjected to bandwidth throttling. Background Processes.
Transparent Technologies maintains the right to cancel accounts at its discretion.
Full backups are made by Transparent Technologies, no guarantee's are made of any kind as to the integrity of these backups. If loss of data occurs due to an error of Transparent Technologies Internet Services, we will attempt to restore data at no charge to the customer. If loss of data occurs by an action of the customer, Transparent Technologies Internet Services will attempt to restore data at a $40 fee to the customer.
Billing Cycle, Invoices and Payments
Our billing cycle is monthly, quarterly or annually in advance dependent on your account type. The initial payment is due at the time you open your account. After that, we will send you an invoice via email approximately 15 days before each subsequent payment is due. Automatic Payments will be proccessed on the day the payment is due, and an email recipt will be sent. Please note that if your payment is 15 days overdue then your account(s) may be suspended and/or removed from our servers without notice at our discretion. All fees are non-refundable.
Disabling of accounts due to overdue payment: Accounts will be disabled
if payment is not received within 14 days of the invoice date. If your account
has been disabled, you may be charged a reconnection fee of up to $50 in order
to re-enable your account.
Termination of accounts due to overdue payment: If the account is not paid within 30 days of the invoice date, the account will be terminated and all information within the account will be deleted.
Cancellation Procedure: Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification. You must notify us in writing (email) that you wish to cancel your account. Notification must be submitted at least 15 days prior to account renewal. Your account will then be canceled at the end of the next billing period. If you do not inform us at least 15 days prior to the renewal date, your account will be renewed at the current fee. You will still have to pay for the full period if you cancel your account in the middle of a billing period. Cancellation does not clear you of any outstanding amounts, any balance due at the time of cancellation must be paid in full. You must ensure you have a full back-up of your data before canceling your account as we do not save your data upon cancellation and will not be able to restore that data.
Termination of Service
We may terminate Services to the Client at any time, without notice, for violation of this agreement. We will not be liable for any damages or harm to the Client resulting from such termination. Return of any pre-paid amounts is contingent to the Client not having used the Service for Illegal Purposes and has not violated these TOS as stated elsewhere. Upon termination of the Service, Client's rights to use the Service immediately ceases, and Provider shall thereafter have no obligation to maintain or forward any data or communications to Client or any third party. We will not be held responsible for any other charges directly, indirectly or otherwise due as a result of suspension of Services. Termination shall be accompanied by email notice to the email address currently on file with the Provider. Under certain circumstances described within this TOS, Provider may terminate Service with or without notice.
We will provide unlimited technical support relating to the operation of your server and the use of the server's facilities. Please note though that we do not generally provide support for problems with your CGI programs or HTML code, though we will provide such support, within reason, at our discretion.
In the event that any provision of this Agreement is deemed unenforceable or invalid, such un enforceability or invalidity shall not affect the remainder of this Agreement. Transparent Technologies may amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Transparent Technologies as reflected in the original provision.
This Agreement and all rights hereunder shall be governed by the laws of the State of Pennsylvania. Any action relating to this Agreement or to your use of the Transparent Technologies site shall be brought exclusively in the courts of the state of Pennsylvania in the USA.