Acceptable Use Policy(AUP)
using streamcore.net (hereinafter SC) web hosting services, you agree to
comply with our policies. You are expected to use the Internet with respect,
courtesy, and responsibility, giving due regard to the rights of other Internet
users. We expect you to have a basic knowledge of how the Internet functions,
the types of uses which are generally acceptable, and the types of uses which
are to be avoided. Common sense is the best guide as to what is considered
acceptable use. The following are unacceptable uses:
in any form, including but not limited to activities such as unauthorized
distribution or copying of copyrighted software, violation of U.S. export
restrictions, harassment, fraud, trafficking in obscene material, drug dealing,
and other illegal activities.
provisions of this Policy are intended as guidelines and are not meant to be
exhaustive. Generally, conduct that violates law, regulation, or the accepted
norms of the Internet community, whether or not expressly mentioned in this
Policy, is prohibited. SC reserves the right at all times to prohibit
activities that damage its commercial reputation and goodwill.
servers may be used only for lawful purposes. Transmission, distribution or
storage of any material in violation of any applicable law or regulation is
prohibited. This includes, without limitation, material protected by copyright,
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", "Irc Bots", "Mp3".
will be the sole arbiters as to what constitutes a violation of this provision.
System and Network Security
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 e-mail or a
is a violation for anyone who, including but not limited to, employs posts or
programs which consume excessive CPU time or storage space, permits the use of
mail services, mail forwarding capabilities, POP accounts, or auto responders
other than for their own account; or resale of access to CGI scripts installed
on our servers.
one shall post defamatory, scandalous, or private information about a person
without their consent, intentionally inflicting emotional distress, or violating
trademarks, copyrights, or other intellectual property rights.
unsolicited mail messages, including, without limitation, commercial
advertising and informational announcements, is expressly prohibited. A user
shall not use another site's mail server to relay mail without the express
permission of the site or distributing, advertising or promoting software or
services that have the primary purpose of encouraging or facilitating
unsolicited commercial E-mail or spam.
is contrary to SC policy for customers to use our servers to effect or
participate in any of the following activities:
post to any Usenet or other newsgroup, forum, e-mail mailing list or other
similar group or list articles which are off-topic according to the charter or
other owner-published FAQ or description of the group or list;
send unsolicited mass e-mailings, if such unsolicited e-mailings provoke
complaints from the recipients;
engage in any of the foregoing activities using the service of another
provider, but channeling such activities through a SC provided server, or
using a SC provided server as a mail drop for responses;
falsify user information provided to SC or to other users of the service in
connection with use of a SC service.
SC becomes aware of an alleged violation of its Acceptable Use
Policy, SC will initiate an investigation (within 24-48 hours).
During the investigation SC may restrict Customer’s access in
order to prevent further possible unauthorized activity. If the
Customer is found in violation of our SPAM policy, SC may, at
its sole discretion, restrict, suspend, or terminate Customer's
account and/or pursue other civil remedies. Also, SC reserves
the right to pursue civil remedies for any costs associated with
the investigation of a substantiated policy violation. If such
violation is a criminal offense, SC will notify the appropriate
law enforcement department of such violation.
does not issue service credits for any outages incurred through service
disablement resulting from Policy violations.
Customer shall be held liable for any and all costs incurred by SC as a
result of the customer's violation of these terms and conditions. This is
including, but is not limited to, attorney fees and costs resulting from
Postmaster responses to complaints from and the cleanup of unsolicited
commercial mailings and/or unauthorized bulk mailings and/or news server violations.
First violations will result in a Cleanup Fee of $250 and the customer’s
account will be reviewed for possible immediate termination. A second violation
will result in Cleanup Fee of $500 and immediate termination of the customer’s
account. The Customer who violates this policy agrees to also pay Investigation
Fees of no more than $125 per hour that SC personnel must spend to
investigate any violations.
reserves the right to add, delete, or modify any provision of this Policy at
any time without notice. Reporting Network Abuse Any party seeking to report
any violations SC’s policy may contact via e-mail: firstname.lastname@example.org
is an agreement between you and Streamcore regarding your use of SC's
computer, interactive information, communication and server management service.
This Agreement governs the terms and conditions under which SC makes the
services offered by SC available to individual consumers through a personal
computer or similar access, or to individual consumers or small businesses in
connection with the " SC " web hosting or similar services. Under
this Agreement, you must comply with SC's then current "Acceptable Use
Policy," as updated from time to time by SC, which can be viewed at : http://www.streamcore.net/terms.asp
PLEASE READ THESE
TERMS AND CONDITIONS CAREFULLY.
SC will host an account for you, the purchaser (hereafter referred to as the
Account Holder), for the Account Holder's chosen domain name, for the period of
time (the Term) corresponding with the payment plan chosen by the Account
Holder. This contract will be automatically renewed at the end of the Term and
each successive renewal term, unless terminated.
SC's services are 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. SC expressly disclaims any representation or warranty that
the SC services will be error-free, secure or uninterrupted. No oral advice or
written information given by SC, its employees, licensors of the like, will
create a warranty; nor may you rely on any such information or advice. The
terms of this Section will survive any termination of this Agreement.
The Virtual Web Server Internet account and/or related electronic services can
only be used for legal purposes under all applicable international, federal,
provincial, and municipal laws. Further, the Account Holder agrees not to
store, transmit, link to, advertise or make available any images containing
pornography. Violations of these or any other provisions of this Agreement may
result in termination of the services provided by SC, with or without the
grant of a notice or cure period, such notice or cure period to be granted at
the sole discretion of SC based upon the severity of the violation. SC
reserves the right to refuse service if any of the content within, or any links
from, the Account Holder's website is deemed illegal, misleading, or obscene,
or is otherwise in breach of SC's then current Acceptable Use Policy, in the
sole and absolute opinion of SC. Notwithstanding anything in this Agreement,
the content of the Account Holder's website is the sole responsibility of the
Account Holder. The Account Holder agrees to indemnify and hold harmless SC
from any and all claims, losses, damages, liabilities, judgments, or
settlements, including reasonable attorney's fees, costs, and other expenses
incurred by SC, (collectively, Claims) related to or in connection with the
content of the Account Holder's website. The terms of this Section will survive
any termination of this Agreement.
Account Holder acknowledges that the nature of the service furnished and the
initial rates and charges have been communicated to the Account Holder. Account
Holder is aware that SC reserves the right to change the specified rates
and charges from time to time.
The Account Holder agrees to follow generally accepted rules of
"Netiquette" when sending e-mail messages or posting to newsgroups.
Account Holder is responsible for security of its password. SC will not change
passwords to any account without proof of identification, which is satisfactory
to SC, which may include written authorization with signature. In the event of
any partnership break-up, divorce or other legal problems that includes Account
Holder, Account Holder understands that SC will remain neutral and may put the
account on hold until the situation has been resolved. Under no circumstances
will SC be liable for any losses incurred by Account Holder during this time
of determination of ownership, or otherwise. The Account Holder agrees to
indemnify and hold harmless SC from any and all Claims arising from such
ownership disputes. The terms of this Section will survive any termination of
The Account Holder agrees not to harm SC, its reputation, computer systems,
programming and/or other persons using SC's services. SC reserves the right
to select the server for Account Holder's website for best performance. The
Account Holder understands that the services provided by SC are provided on a
shared server. This means that one website cannot be permitted to overwhelm the
server with heavy CPU usage, for example from the use of highly active CGI
scripts or chat scripts. If the Account Holder's website overwhelms the server
and causes complaints from other users, the Account Holder has outgrown the
realm of shared servers, and will need to relocate it's website. SC will
refund any unused portion of prepaid services. If the Account Holder refuses to
comply with this Section, then SC has the right to terminate the services
provided to the Account Holder without any refunds of the unused portion
prepaid by the Account Holder. The Account Holder agrees to indemnify and hold
harmless SC and any other Account Holder from any and all Claims resulting from
the Account Holder's use of the services provided by SC The terms of this
Section will survive any termination of this Agreement.
The Account Holder's rights and privileges under this Agreement cannot be sold
or transferred without the prior written consent of SC.
If the Account Holder sells or resells advertising or web space to a third
party then the Account Holder will be responsible for the contents of that
advertising and the actions of that third party. SC has the absolute right to
reject any advertising or other third party content that is illegal, offensive
or otherwise in breach of the then current SC Acceptable Use Policy. The
e-mail distribution by the Account Holder of "SPAM", "JUNK
MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly
prohibited. If the Account Holder refuses to remove any advertising or other
third party content deemed objectionable by SC, SC may terminate the services
being provided to the Account Holder.
SC will use its best efforts to maintain a full time Internet presence for the
Account Holder. The Account Holder hereby acknowledges that the network may, at
various time intervals, be down due, but not restricted to, utility
interruption, equipment failure, natural disaster, acts of God, or human error.
In no event shall SC be liable to the Account Holder for any damages resulting
from or related to any failure or delay of SC in providing access to the
Internet under this Agreement. In no event shall SC be liable to the Account
Holder for any indirect, special or consequential damages or lost profits
arising out of or related to this Agreement or the performance or breach
thereof. The aggregate, total liability of SC under this Agreement, if any,
shall in no event or circumstance exceed the total amount actually paid by the
Account Holder hereunder. The terms of this Section will survive any
termination of this Agreement.
This Agreement applies to all accounts, sub-accounts, and alternative account
names associated with your principal account. The Account Holder is responsible
for the use of each account, whether used under any name or by any person, and
for ensuring full compliance with this Agreement by all users of that account.
A SC account may not be transferred without prior written approval from SC.
The Account Holder is responsible for maintaining the confidentiality of
his/her password. In the event of a breach of security through the Account
Holder's account, the Account Holder will be liable for any unauthorized use of
the SC services, including any damages resulting there from, until the Account
Holder notifies SC's customer service.
If SC assigns the Account Holder an Internet Protocol address in connection
with the Account Holder's use of the SC services, the right to use that
Internet Protocol address will remain with and belong only to SC, and the
Account Holder will have no right to use that Internet Protocol address except
as allowed by SC in its sole and absolute discretion.
This Agreement constitutes the entire agreement between the Account Holder and SC
with respect to the SC services and supersedes all prior agreements between
the Account Holder and SC. SC's failure to enforce any provision of this
Agreement shall not be construed as a waiver of any provision or right. In the
event that a portion of this Agreement is held unenforceable, the unenforceable
portion will be construed in accordance with applicable law as nearly as
possible to reflect the original intentions of the parties, and the remainder
of the provisions will remain in full force and effect. The terms of this
Section will survive any termination of this Agreement.
The parties shall attempt to resolve all disputes arising out of this Agreement
in a spirit of cooperation and with a problem-solving mindset, without formal
proceedings. Any dispute, which cannot be so resolved, shall be subject to
binding arbitration upon the written demand of either party. Arbitration shall
take place in Detroit, MI. Should any legal action permissible under this
Agreement be instituted to enforce the terms and conditions of this Agreement,
in particular the right to collect money due on unpaid invoices, the prevailing
party shall be entitled to recover reasonable attorney's fees and expenses
incurred at both the trial and appellate levels. The terms of this Section will
survive any termination of this Agreement.
The Account Holder agrees to indemnify and hold SC harmless from any and all
Claims resulting from or connected with any activities conducted by the Account
Holder. The Account Holder and SC will promptly notify the other upon receipt
of any Claim or legal action arising out of activities conducted pursuant to
this Agreement. The rights and responsibilities established in this paragraph
will survive any termination of this Agreement.
SC may include the Account Holder's name and contact information in
directories of SC service subscribers for the purpose promoting the use of the
services by aSCtional potential clients. However, SC is not authorized to
print the Account Holder's name, trademarks or other identifying information in
any other advertising or promotional materials without the prior written
consent of the Account Holder.
The interpretation and enforcement of this Agreement shall be governed
according the laws of the state of Michigan (excluding its choice of law rules)
and the federal laws of United States applicable therein. The Account Holder
hereby consents to personal jurisdiction in the federal and provincial courts
of Detroit, Michigan for any action arising out of or relating to the Account
Holder's use of the SC services. The federal and provincial courts of Detroit, Michigan will have exclusive jurisdiction over all such actions. In any such
action, the prevailing party will be entitled to recover all legal expenses
incurred in connection with the action, including but not limited to its costs,
both taxable and non-taxable, and reasonable attorney's fees. The terms of this
Section will survive any termination of this Agreement.
Notices required by this Agreement shall be in writing and shall be delivered
either by personal delivery or by mail. If delivered by mail, notices shall be
sent by any express mail service; or by certified or registered mail, return
receipt requested; with all postage and charges prepaid. All notices and other
written communications under this Agreement shall be addressed to the
individuals in the capacities indicated below, or as specified by subsequent
written notice delivered by the party whose address has changed.
Because the Internet is a global communication tool, and we have clients from
nearly every country in the world it is difficult to dictate what is considered
"adult material." However, it is not our function to discriminate
against those who choose to utilize adult content or adult related material.
This being said, there are still several reasons why SC has been forced to
create its no adult sites policy for its virtual server users.
Virtual account holders can receive a refund if account is cancelled within the
initial 30 days after sign up. Reseller account holders can receive a refund if
account is cancelled within the initial 7 days after sign up. If the account
holder cancels after the time period specified, there will be no refund given.
SC may temporarily deny service or terminate this Agreement upon the failure
of Account Holder to pay charges when they become due. Such termination or
denial will not relieve the Account Holder of responsibility for the payment of
all accrued charges, plus reasonable interest and any collection fees.
If an account holder's account becomes overdue, the account will be suspended.
Interest will accrue on the overdue account at a rate of 5% per month until the
outstanding balance is paid in full.
If an account holder charges back for services rendered, a $50.00 charge back
fee will be added to the amount charged back by the customer.
If an account holder's account is overdue for 90 days, the account will be
handed over to an outside collection agency. At that time the account holder
will incur a $50.00 collection fee added to the balance previously due.
If an account is found to be in violation of the terms of service it will be
terminated immediately and all payments forfeited.
For closed accounts there is a $5 per incident charge for all inquiries
regarding previous services and or support.
SLA credits. 1 Day
per 1 hour of down time if the server does not maintain 99% uptime per month
not to exceed 30 days of credits.
does SC consider "Adult Material?"
site whose revenue is gained in part or whole from its adult content.
or videos showing frontal nudity on either men or women for non-scientific or
hyperlinks to sites who violate policy #1.
Why does SC have this policy?
Bandwidth and Resources
A virtual server is a shared environment where many servers reside on each
particular machine. This being said, consider that an average "adult
site" gets more hits than 100 standard websites. Some of the smaller adult
sites get around 5 GB of transfer per day. With these types of resources being
utilized, our servers would be severely slowed if we allowed these high traffic
sites to also reside on our servers. On top of that, we would be forced to
raise our prices to pay for the aSCtional bandwidth. We strive to keep our
servers fast and inexpensive, and our bandwidth clear; therefore, adult sites
are not an option.
reserves the right to decide what it considers "adult content",
"adult material", "sexually explicit", or "sexually
related". Let us know if you are unsure of the approval of your site
before placing an order.