Acceptable Use Policy

TERMS OF SERVICE

Suspension
Violation of these terms of service could result in suspension or removal of your account depending upon the circumstances. Suspension means that your account is put into a limbo state and is unreachable through any means. During suspension no files are lost or altered. Accounts found to be running a script which is causing a very high cpu load or mail script being used to send spam will almost always be suspended without notice to prevent further damage. Poorly written scripts must be removed in order for us to restore your service. Reports of spam are taken very seriously usually resulting in immediate account suspension and investigation without notice. We reserve the right to suspend any or all accounts held by you without notice if we deem it necessary to do so.

Scope of Service
Our servers and pricing has been designed to be low cost and therefore, in that spirit we are simply providing basic http, mail & ftp level hosting services. This also means that applications or scripts set up by users to run on the server which cause high cpu load may be asked to move to a dedicated server.
High CPU load is defined as using an average of more than 2% of the server processor in a 24 hour period beginning and ending at midnight, as determined by our server.
*For reference the average medium traffic website uses about .5% of system resources.

Script support or other "how-to" services are not provided. It is the responsibility of the user to become learned in setting up and administering their account including script installs, file permissions, uploading procedures, etc. All script engines are checked many times per day to be sure that they work server wide. Support will be strictly limited to making sure that running scripts is possible by running our test script. CrewServers staff or other members may however be able to answer script or how-to related questions posted to our forum for the benefit of all users.

Limitation of Liability
CrewServers is soley owned and operated by CrewTrax LLC. Any and all reference in this document to CrewServers shall imply ownership by CrewTrax LLC. You expressly understand and agree that CrewServers shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if CrewServers has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

Content
All services provided by CrewServers 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 City law is prohibited. this includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secrete and other statue. The subscriber agrees to indemnify and hold harmless CrewServers from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and sex-related merchandising are prohibited on any CrewServers server. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to CrewServers servers or any other server on the internet. Links to such materials are also prohibited. This policy is in effect because of the excessive load this material puts on our servers and bandwidth, and the legal ramifications of such sites.

You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.

Examples of non-acceptable content or links

Pirated software
Hackers programs or archives
Warez Sites
Adult Sites
Hate Sites or Content
Download Libraries
Illegal MP3s or other file sharing
CrewServers will be the sole arbiter as to what constitutes a violation of this provision. Any websites found in violation of this policy will be cancelled and any resulting monetary damages to us will be multiplied by a factor of two (2) and charged to the account holder.

Chat Rooms
We do not allow clients to install their own CGI chat rooms. These tend to be large system hogs and we cannot allow it as a account option. We do provide a choice of JAVA chat rooms free of charge that more than fill your needs and run without hindering the performance of the machine for others.

IRC
We currently do not allow IRC or IRC bots to be operated on our servers. Examples include but are not limited to:
- Any IRC Bouncers such as, but not limited to, psyBNC.
- IRC Eggdrops.
- Proxy Servers
Any account found to be running IRC or IRC bots or proxy servers will be suspended forever.

SSH (secure shell)
Secure shell access is available to customers on certain accounts only. SSH is not set up by default.

Discussion Forum Scripts
We have recently had issues with popular websites and their associated discussion scripts. To protect all users please use the following guidelines. You are encouraged to use PHP MySQL based discussion scripts whenever possible. Flat file discussion scripts such as Ultimate Bulletin Board (UBB) are not allowed . Scripts which are found to be using excess system resources will be asked to move to a dedicated server or be disabled. This is to protect all users on our servers.

BANNED SCRIPTS
The following are scripts which either cause a great load on our servers or pose a serious security risk, therefore can not be run on our servers.
Any gaming server software
UltimateBBS (all versions)
Ikonboard (all versions)
IRC Egg Drops
Proxy Servers
nph-proxy
The Anonymizer
any soap mailers
These scripts are on the banned list because they have at one time been installed by customers and have had a serious impact on the rest of our user accounts.

Liability
CrewServers is in no way responsible for down time either resulting from a users actions, or natural fluctuations in internet consistency. CrewServers will however, do everything within it's power to assure that each and every client site is up as consistently as possible.

Refunds (30 day guarantee):
We hope that you are fully satisfied with your hosting from us, but in the event you are not, we offer a 30 day money back guarantee. Setup fees and bandwidth usage less than 1gb are refundable within 30 days of ordering your account. refunds are not made on accounts canceled due to violation of our terms of service.

Refunds (past first 30 days):
While we will do everything in our power to make your hosting experience with us as satisfactory as possible, we can in no way please everyone all the time. Refunds past 30 days are subject to review and partial months can not be refunded. We must reserve the right to use our business discretion in refunds past 30 days.

Canceling Service
To cancel service submit a help desk ticket indicating that you wish to cancel service. Please supply your account username and password for verification purposes, or we will need to verify via email for your protection. We will immediately stop recurring billing on your account at or PayPal and delete your account at the end of its current billing cycle for the domain name or domain names affected.

Once canceled you should receive confirmation from us and your billing service ( or PayPal). Unsubscribing from our announcement mailing list may or may not happen automatically. To unsubscribe follow the link at the bottom of any mailing list message, or click here.

Registration Requirements:
Any potential Customer signing up for an CrewServers account must be 18 years of age or older and provide current and accurate billing information including legal name, address, telephone number, and billing method. The Customer is responsible for reporting any and all changes, including new or updated credit card and/or bank information. CrewServers is not responsible for any damages, financial or otherwise, which may accrue due to a misrepresentation of or failure to report current and accurate billing information.

Privacy; Cooperation with Authorities:
CrewServers maintains a strict privacy policy. Only the Individual whose name is upon the account(s) will be permitted to request changes to said account(s). Likewise, inquiries into Customer information will be answered to the Account Holder only. However, CrewServers will cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.

Billing Deadlines:
Service fees are billed in advance. Credit card and direct debit Customers will be billed on or about the same day as which they originally signed up on. Customers making late payments are subject to a $10.00 late fee. Contracted customers (dedicated, wholesale, collocation, etc.) making late payments are subject to a $30.00 late fee.

Cancellation:
A request to cancel an account must be received on or before the last day of the current billing cycle in order to cancel effective at the end of that billing cycle. Customers who cancel under these parameters will be eligible for a refund of prepaid amounts for future billing cycles. All others will receive service through the end of their current cycle; service fees already paid will not be returned.

Insufficient Funds Fee:
If a check, direct debit, or a credit card charge is returned marked "insufficient funds" or is "declined" by a Member's financial institution, and a prompt correction is not made, that Member will be subject to automatic suspension of the account, a $20.00 "insufficient funds" or "declined transaction" penalty, and a $10.00 account reactivation/late fee.

Appropriate Usage & Indemnification:
CrewServers accounts may only be used for lawful purposes. Transmission of any material in violation of any federal or state regulation is prohibited. This includes but is not limited to copyrighted material, threatening or obscene material, or material protected by trade secret. Members agree to indemnify and hold harmless CrewServers from any claims resulting from the use of the service which damages a Member or any party.
CrewServers makes no warranties of any kind, whether express or implied, as to the availability, accuracy, or content of the information, products, or services it is providing. CrewServers disclaims any warranty of merchantability or fitness for a particular purpose. CrewServers will not be responsible for any damage suffered from use of its service including, but not limited to, loss of data, delays, misdeliveries, or service interruptions caused by CrewServers negligence or User errors or omissions.
Use of any information, programs, or data obtained from or via CrewServers is at the User's own risk. CrewServers specifically denies any responsibility for the accuracy or quality of information obtained through its services.

Reseller/Payments:
If an account is purchased through a reseller who in turn pays CrewServers, the reseller must pay all amounts owing for the account. If the reseller fails to pay CrewServers any amounts due-whether or not the Subscriber has paid the reseller-the User's account will be subject to suspension or cancellation until the reseller has paid all amounts due.

Termination:
CrewServers reserves the right to refuse or terminate service without notice if the Customer violates this Acceptable Use Policy.

Restrictions:
CrewServers exercises no control whatsoever over the content of the information passing through its systems. Information stored on the CrewServers servers is subject to certain restrictions including, but not limited to, the following situations:
a. CrewServers reserves the right to remove from its servers any Customer-produced information found to be offensive by members of the Internet community, or unlawful by federal and state regulations (specifically, but not only, protected material). Repeated complaints may result in the termination of a Customer's account.
b. Using an CrewServers account to send bulk e-mail to more than 100 users is not allowed. Users sending letters with more than 10 recipients must run consecutive mail delivery programs. Concurrent mailings to more than 100 recipients and unsolicited commercial mail to multiple recipients are strictly prohibited.

No-Spam Policy:
While CrewServers takes several steps to block the dissemination of spam, it is impossible to completely filter out unsolicited commercial e-mails. CrewServers maintains a strict no-spam policy. Spam shall herein be defined as, but not limited to definition of, items 13.b and 13.c above in this document. By the continued use our service, CrewServers Account Holders agree not to send unsolicited commercial or mass e-mail from any Internet account (through CrewServers or elsewhere) under any circumstances, nor to use CrewServers services for the collection and distribution of address lists, software, or other information to be used for such purposes. The Account Holder further agrees not to associate CrewServers, under any circumstances, with any such mass mailings. Any Individuals who are cancelled for spamming will incur a $200.00 cleanup fee, which is neither negotiable nor refundable. Any damages requiring extensive repairs caused by spam will result in the offending party being billed at a rate of $125.00 per hour until the repairs are completed to the satisfaction of CrewServers. In order to better prevent unauthorized emails and other unauthorized communications, CrewServers will not disclose nor sell your email addresses nor personal information to any third party.

Web Site Usage:
CrewServers's site on the World Wide Web with its home pages in the domain www.CrewServers, "CrewServers", or any other site operated by CrewServers (the "Web site") is a complimentary information service offered by CrewServers at no charge to Users.
CrewServers may provide links on the Web site to other Web sites, which are not under CrewServers's control. In general, any Web site which has an address (or URL) that does not contain "CrewServers" is such a Web site. These links are provided for convenience only. CrewServers does not endorse any organization or individual operating the Web site or make a warranty of any type regarding the Web site or the information on the Web site.

Prohibited Activities.
The items listed below, without limitation, constitute violations of this Acceptable Use Policy. CrewServers may block access, assess charges, or cancel service to Subscribers who engage in the following activities:

a. Harassment. Using the services to transmit any material (by e-mail, uploading, posting, or otherwise) that harasses another user.

b. Fraudulent activity. Using the services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes," "Ponzi schemes," and "chain letters."

c. Threats. Using the services to transmit any material (by e-mail, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.

d. Illegal use. Using the services to transmit any material (by e-mail, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national, or international law, or any rules or regulations promulgated thereunder.

e. Harm to minors. Using the services to harm, or attempt to harm, minors in any way. All use of the services must comply with the Children's Online Privacy Protection Act of 1998 ("COPPA"). Please visit http://www.coppa.org/ for more information.

f. Forgery or impersonation. Adding, removing, or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous re-mailers or nicknames does not constitute impersonation. Modifying headers or using deliberately misleading headers in news postings in order to avoid spam e-mail address collectors is allowed.

g. Unsolicited commercial e-mail/Unsolicited bulk e-mail. Using the services to transmit any unsolicited commercial e-mail or unsolicited bulk e-mail. Activities that have the effect of facilitating unsolicited commercial e-mail or unsolicited bulk e-mail whether or not that e-mail is commercial in nature, are prohibited.

h. Unauthorized access. Using the services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of CrewServers's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.

i. Copyright or trademark infringement. Using the Services to transmit any material (by e-mail, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

j. Collection of personal data. Using the services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
l. Network disruptions and unfriendly activity. Using the services for any activity that adversely affects the ability of other people or systems to use CrewServers services or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services, or network equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Member may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Member may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.

m. Reselling the services. Reselling the services without CrewServers's authorization is prohibited.

Jurisdiction:
CrewServers's Acceptable Use Policy is governed by Wisconsin law without regard to conflict of law provisions.

Complete Agreement & Amendments:
These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. CrewServers reserves the right to amend, alter, or modify the Acceptable Use Policy at any time and in any way. Any amendment, alteration, or modification is effective immediately upon posting at CrewServers's Web site (http://www.crewservers.com/orders/tos.html). Use of CrewServers services constitutes acceptance of these current terms and conditions. Violations of any provision contained herein may result in immediate termination of service with no refund. CrewServers reserves the right to pursue legal action for any damages incurred from violations of these policies.