Terms of Service ACCEPTABLE USE POLICY Introduction This document explains the Acceptable Use Policy for use of services provided by TON Hosting by the client/user (hereinafter known as Customer). This document supersedes all forms of this document previously published by TON Hosting. This document is maintained and published on-line on the TON Hosting home page at http://www.tonhosting.com/terms.php All Customers of TON Hosting are required to be familiar with this policy. This document shall be read by each new Customer upon sign up, the Customer shall become responsible for its contents. Use of TON Hosting services in any form constitutes acceptance of this Acceptable Use Policy and agreement to adhere to it. This Acceptable Use Policy may be known herein after as policy, Terms Of Service, TOS, AUP or Acceptable Use Policy. Account and Policy Term The effective date of these Terms and Conditions and the Acceptable Use Policy is the date of acceptance by the Customer of services from TON Hosting, and they shall remain in effect until Customer terminates his/her account or TON Hosting cancels Customer's account. TON Hosting reserves the right to change the terms and conditions of use or it’s Acceptable Use Policy at any time. Notification of changes will be announced via email. If customer does not agree to changes, Customer may cancel services by giving TON Hosting proper written notice as directed herein. Termination for Cause TON Hosting may terminate an account at any time for any violation of this Acceptable Use Policy or for failure to pay bills for service. Such termination generally means that all files are deleted and all services, including mail forwarding are rescinded. Customer will not receive a refund for any prepaid services. All losses and expenses suffered by Customer as a result of such termination will be Customer's to bear alone, and TON Hosting will have no liability whatsoever. Cancellation TON Hosting reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by TON Hosting if TON Hosting institutes its right of cancellation. Cancellations within 30 days will receive full refund. There will be $20 set up fee if clients cancel after 30 days. Refunds won't be applied for yearly plans unless you upgrade your plans, the credit of old plan will be credited toward the new plan. Any violation of policies which results in extra costs will be asked customer to pay (i.e. transfer, space etc.). TON Hosting must be notified by client at least 3 days before billing cycle for cancellation of service. . Provision of Services TON Hosting will provide services on its host computing systems to customers in exchange for payment of fees and compliance with these Terms and Conditions and the Acceptable Use Policy. TON Hosting services are defined as the use by Customer of computing, telecommunications, software, and information services provided by TON Hosting. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the worldwide computer network known as the Internet. Consultation Charges TON Hosting welcomes requests from Customers concerning their problems and will do as much as possible to help resolve them. When assistance provided by TON Hosting is beyond services offered to all customers by TON Hostingas part of its basic services such as assistance with Customer systems configuration beyond the initial set-up, the Customer will be charged a standard consulting rate. Security of Accounts TON Hosting accounts are for individual Customers. Customer therefore agrees not to share the password of the account with others. Customer agrees to maintain a secure password to the account and is responsible for any use of his/her account. Customer agrees not to use any TON Hosting services to obtain the passwords of other customers on TON Hosting or other systems. Customer agrees not to use TON Hosting services to make unauthorized attempts to access any systems and networks. Use of Internet Services Customer agrees not to use TON Hosting services to violate copyright or other intellectual property rights. For example, Customer may not upload or download commercial software in violation of software license agreements. Customer agrees to use the services provided by TON Hosting as permitted by applicable local, state, and federal laws. Customer agrees, therefore, not to use these services to conduct any business or activity that is prohibited by law. Specific Acceptable Use Policies TON Hosting believes that the First Amendment rights of free speech, freedom of the press, and freedom of association apply to the Internet to the same degree as they do to print media. TON Hosting has no intention of infringing upon those rights. In fact we encourage using your own creativity and self expression within the limits of the law. Unauthorized Use of Accounts or Computers TON Hosting will react strongly to any unauthorized use or attempted unauthorized use of an Internet account or computer without the owner's authorization. Whether or not the attacked account or computer belongs to TON Hosting, such attempts include but are not limited to "social engineering" (tricking other people into releasing their passwords), password cracking, security hole scanning, and denial of service attacks. Possible actions including warnings, account suspension or cancellation, and legal action, according to the seriousness of the attack. E-mail Privacy Electronic mail passes through multiple mail servers from source to destination on the Internet. One can never be guaranteed privacy from every possible mail server; therefore, customers seeking total privacy should use some encryption scheme, such as PGP to render their messages unreadable by eavesdroppers. With regards to TON Hosting mail servers, TON Hosting places a high value on privacy, and will normally only examine Customers' mail to troubleshoot E-mail delivery problems, protect system security, or to comply with a lawful warrant or court-order. TON Hosting will not divulge Customer account information, except at the direction of a lawfully served warrant. Commercial Advertisements Commercial advertising is an accepted and welcome use of the Internet. However, there is appropriate and inappropriate Internet advertising. ISP's that don't abide by this Internet standard may be denied access to newsgroups and in some cases to the Internet entirely. Commercial advertisements are unwelcome in most Usenet discussion groups and on most E-mail mailing lists. Inappropriate postings may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. Unsolicited commercial advertisements sent out via E-mail or to many off-topic newsgroups are not allowed. Generally ads should be placed in the ".biz" newsgroup hierarchy. Sending a message, such as unsolicited e-mail, especially an un-requested advertisement, to multiple recipients is by itself "spamming", unauthorized use of E-mail, unless the individuals have specifically requested to be added to a mailing list on that topic. Any mail or complaints or abuse will result in suspension of the account for 5 days until proof is shown that mailing has stopped. No mass mailing to, from or involving TON Hosting will be tolerated, period. Make Money Fast Any mailing or posting of "Make Money Fast" (MMF) or "Fast Cash" or pyramid schemes or chain letters of any sort will result in quick account termination. Pyramid schemes are illegal no matter how the message is presented. Pyramid schemes are NOT permitted. Spoofing E-mail and News posts All Customer E-mail and news posts shall have the Customer's valid account name in the header. You may use another existing TON Hosting or non- TON Hosting E-mail address in the "reply to" field as long as it is clear that the post came from your TON Hostingaccount. Use of standard “anonymous re-mailers” is allowed for private (noncommercial) E-mail and posting. Illegal Material (Copyright) TON Hosting assumes no legal liabilities relating to Customer's use of TON Hosting computer network and equipment. However, TON Hosting requires that its customers not use TON Hosting network for illegal purposes. In any legal matters that result from a Customers action, TON Hosting is under no obligation to defend itself rather than settle. Any losses suffered by TON Hosting to settle or defend legal action, and all civil or criminal penalties inflicted on TON Hosting as a result of any Customers act are payable by the customer. Customer shall have no defense against prompt and full repayment to TON Hosting. When presented with a search warrant, TON Hosting is obligated to release appropriate information requested, and will cooperate with the authorities in any criminal investigation. While TON Hosting recognizes that the legal status of the Internet has not yet been fully resolved, TON Hosting considers certain actions illegal and therefore not allowed on its network, for example; unauthorized distribution of copyrighted material; exploitation of minors; and unauthorized use of computer resources. TON Hosting makes no representations concerning any attempt to review the content of sites hosted on its servers, and so TON Hosting is not responsible for the accuracy, copyright compliance, legality or decency of material contained in sites hosted on its servers. Harassment Harassment or abusive use of E-mail and other Internet services is a serious misuse of Internet resources. TON Hostingwill handle incidents of harassment on a case-by-case basis, consulting with the parties involved. If you wish to report harassment, or abuse of services, please email abuse@tonhosting.com and the abuse dept will get back to you as soon as possible. Inappropriate use of Web Service TON Hosting provides space for commercial web pages with some services. TON Hosting maintains no responsibility for the content of such pages. TON Hosting will handle complaints about inappropriate web pages on a case-by-case basis. Examples of inappropriate information include downloadable virus code, bulk E-mail lists, illicit advertising, and web-based services that allow members of the public to send E-mail or post news anonymously. TON HostingIRC rules IRC client software is not allowed to be run through a shell account on any servers owned by TON Hosting. IRC client software must be run from the users own computer. Bots (automated IRC programs) run against any programs, community talk programs, video, audio or text servers, even if they are run from your own machine, are not allowed via a TON Hosting connection. If TON Hosting receives a complaint, TON Hosting will investigate the abuse and, if a violation has occurred, may put the account on hold or remove the abusers account. Full payment for the entire contract term will still be due, even with no further services provided. Customer agrees to abide by TON Hosting interpretation of the above. If Customer needs help interpreting or applying these rules, Customer should ask TON Hosting support staff for assistance. Abuse of TON HostingServices Any use of TON Hosting system resources that disrupts the normal operation of the system or the use by other TON Hosting customers is considered to be abuse of system resources and is grounds for administrative intervention. Use of TON Hosting computers or Internet connection to send ping or other packets in an attempt to deny service to another user is considered abuse. Depending on the nature and the severity of the abuse, the customer may receive an E-mail warning, have his processes halted, or have his account suspended. If the misuse is unintentional or has under other mitigating circumstances, the suspension may be rescinded but may require a reconnection charge. Customers who believe their activity has been inappropriately handled may appeal to TON Hosting Management. Reporting Abuse Please see abuse@tonhosting.com for information on the abuse reporting policies of TON Hosting. Warranties TON Hostingmakes no warranties of any kind, whether expressed or implied, for its services. TON Hosting specifically disclaims any implied warranties of merchantability or fitness for any particular purpose. TON Hosting will not be held responsible for any losses or damages resulting from delays, non-deliveries, mis-deliveries, service interruption, or Customer's or TON Hosting errors or omissions. TON Hosting will not under any circumstances be responsible for consequential damages. TON Hosting reserves the right to suspend or terminate accounts for any reason, if, in TON Hosting opinion, the Customer is disrupting or threatening the operation of this site and/or the Internet or its components. In the context of this AUP, using other sites or servers to abuse the net via TON Hosting access is regarded the same as using TON Hosting site. Applicability These rules cannot be superseded by any verbal agreements of TON Hosting employees or customers. Any agreement modification or special changes to this AUP must be in writing and signed by an officer of the Company. Jurisdiction The laws of Texas shall govern the validity, construction and performance of this AUP and Customers agreement to abide by this AUP. Severability If any provision of this policy is held by a court to be contrary to law, the remaining provisions will remain in full force and effect. Please Note: For customers who are unable to follow these rules, we will have no choice but to suspend your account without warning and contact your local authorities. We are always willing to cooperate with officials and have a right to defend our position. If you feel as though you will be unable to abide by our rules, please use your search engine to find another website host.