NJ MetroNET, Inc.
Web Hosting Terms of ServiceWEB HOSTING TERMS OF SERVICE - The following is a part of the contract that you need to sign when purchasing a website from us 16. SERVER DISCLOSURE. NJM is NOT a hosting company, an Internet Service Provider or Web Hosting Provider (WHP) and does NOT own or operate any servers, equipment, hardware, software, routers, telco equipment, fiber lines, network etc. NJM purchases webspace in bulk from many leading web hosting companies in the United States and “rents” a portion of that space to you and our clients. NJM has a Service Level Agreement (SLA) with each WHP in order to offer you an exceptional level of performance, reliability and service, which guarantees network/equipment reliability, and performance. The following refer to the ISP/WPP that your website is assigned to: 17. SITE CONTENT. All services provided by NJM may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or Local law is prohibited. The CLIENT may not use the services of NJM or the WHP to assist any other person or entity to violate any Federal, State, or Local laws, ordinances, or regulations. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, unlicensed software or files, or material protected by trade secret and other statue. The CLIENT agrees to indemnify and hold harmless NJM from any claims resulting from the use of the service, which damages the subscriber or any other party. The CLIENT is solely responsible for the content made accessible on the website. Examples of prohibited content or links:
18. NETWORK MONITORING - NJM is not obligated to monitor the network to examine available content. The CLIENT hereby acknowledges that if NJM is made aware of content that is determined to be, in its sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, NJM has the right, but not the obligation, to edit, remove or deny access to such content. NJM may disclose any content or records concerning customer's account as required to satisfy any law, regulation, governmental request or court order. 20. SERVER RESOURCE USAGE. NJM offers all our clients unlimited traffic/hits, and server usage. Unlimited Traffic/Hits refers to the number of visitors to the CLIENT’S website, NOT the amount of bandwidth/data transfer. The CLIENT’S website is still limited to the allotted bandwidth/data transfer included with the CLIENT’S selected package. To maintain the integrity of NJM service the following traffic/usage limitations apply.
If NJM determines the CLIENT’S website has exceeded the system resources, the CLIENT may be required to upgrade the account, or, NJM may move the CLIENT’S website to a different server to reduce the load on the server. NJM will be the sole arbiter as to what constitutes a violation of usage limitations. Bandwidth/data transfer will go unmonitored until the website reaches its bandwidth limit, then normal over-usage data transfer costs will apply. At any time NJM may move the website to a different server, to reduce the load on the server. 21. PROHIBITED SCRIPTS, PROGRAMS AND PROCESSES. The following are prohibited from all NJM servers:
22. CGI SCRIPTS - Some accounts may come equipped with its own pre-configured CGI-Bin. The CLIENT is free to use any CGI-scripts provided with their account or add any additional ones they require. Any CGI-scripts deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice. CGI-script sharing with domains not hosted by NJM is not allowed. 23. COMMERCIAL ADVERTISING/MASS E-MAIL - Spamming, or the sending of unsolicited email, flames, mail bombs, or substantially similar unsolicited email messages from an NJM server or using an email address that is maintained on a NJM machine is STRICTLY prohibited. For general reference, NJM consider spam any email that is sent to more than 10 people at a time that did not ask for it to be sent to them. NJM will be the sole arbiter as to what constitutes a violation of this provision. Opt-In email is acceptable, as long as Opt-Out/Removal request are fully honored. As a guideline, the CLIENT should limit outgoing mail to no more than 200 pieces per DAY and no more than 20 pieces per minute. If the CLIENT is found to have spammed, without warning, NJM reserves the right to disable the CLIENT’S domain. In addition, NJM may impose a $1000 penalty for each spam policy violation. NJM solely reserves the right to refuse or cancel service to known spammers. NJM reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund. Sites with large mailing databases need to be placed on dedicated server or VPS platform. 24. INTELLECLTUAL PROPERTY RIGHTS - Material accessible to the CLIENT through NJM’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, the CLIENT must not use the NJM Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which the CLIENT accesses or receives through the NJM Network. 25. SERVER ABUSE. Any attempts to undermine or cause harm to an NJM server or customer of NJM is strictly prohibited. NJM will pursue legal action to the fullest extent for all abuse of the NJM Network. 26. SUSPENSION/DEACTIVATION. Failure to follow any terms or conditions will result in grounds for account suspension or deactivation. NJM reserves the right to remove any Website without prior notice. If NJM deactivates the CLIENT’S website(s) for violating policy, the CLIENT will forfeit rights to a refund and none will be given. No refunds for advance payments, on deactivated accounts. Normal policy is a warning first, and account deactivation the second offense. Serious offenses may cause immediate de-activation. 27. UPTIME GUARANTEE. Our WHP’s strives to maintain a 99.5% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by the ISP/WPP monitoring systems or an authorized/contracted outside monitoring services. If the WHP fail to meet its 99.5% uptime guarantee, and it is not due to one of the exceptions below, credits MAY be made available to each client, upon request, on a case-by-case basis. Your Account Representative can provide details on how credits are issued to you 28. EXCEPTIONS. CLIENT shall not receive any credits in connection with any failure or deficiency of the WHP network caused by or associated with:
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