| Terms of Service
(TOS) |
CAS company ("The Company") agrees to furnish services to
the Subscriber, subject to the following TOS (Terms of Service).
Use of the CAS company Service constitutes acceptance and agreement
to CAS company AUP as well as CAS company TOS
(Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service)
of CAS company and AUP (Acceptable Use Policy).
The AUP may be changed from time to time at
the discretion of the Company. Subscriber understands that change
to the AUP by the Company shall not be grounds for early contract
termination or non-payment.
This Agreement shall be construed in all respects in accordance with
the laws of the United States.
- Disclosure
to Law Enforcement: The AUP specifically
prohibits the use of our service for illegal activities. Therefore,
Subscriber agrees that the Company may disclose any and all subscriber
information including assigned IP numbers, account history, account
use, etc. to any law enforcement agent who makes a written request
without further consent or notification to the Subscriber. In
addition CAS company shall have the right to terminate all service
set forth in this Agreement.
- Service
Rates: Subscriber acknowledges that the nature of the service
furnished and the initial rates and charges have been communicated
to Subscriber. Subscriber is aware that the Company may prospectively
change the specified rates and charges from time to time. The
promotional offer is contingent upon Company achieving and maintaining
its cost of service goals including but not limited to rates charged
to company by its suppliers.
- Payment:
Establishment of this service is dependent upon receipt by the
Company of payment of stated charges. Subsequent payments are
due on the anniversary date of the month for that month's service.
The above applies to all accounts and services provided by CAS
company.
- Payments
and Fees: Credit cards that are declined for any reason are
subject to a $1.00 declination fee. Service will be interrupted
on accounts that reach 25 days past due. Accounts not paid by
due date are subject to a $10 late fee. If you desire to cancel
your account, please follow the proper procedure to do this as
outlined in this TOS.
- Refund
and Disputes: All payments to CAS company are nonrefundable.
This includes the one time setup fee and subsequent charges regardless
of usage. All overcharges or billing disputes must be reported
within 60 days of the time the dispute occurred. If you dispute
a charge to your credit card issuer that, in CAS company sole
discretion is a valid charge under the provisions of the TOS and
/or AUP, you agree to pay CAS company an "Administrative
Fee" of not less than $50 and not more than $150.
- Failure
to Pay: The Company may temporarily deny service or terminate
this Agreement upon the failure of Subscriber to pay charges when
due. Such termination or denial will not relieve Subscriber of
responsibility for the payment of all accrued charges, plus reasonable
interest and any collection fees.
- Subscriber
acknowledges that the service provided is of such a nature that
service can be interrupted for many reasons other than the negligence
of the company and that damages resulting from any interruption
of service are difficult to ascertain. Therefore, subscriber agrees
that the company shall not be liable for any damages arising from
such causes beyond the direct and exclusive control of the company.
Subscriber further acknowledges that the company's liability for
its own negligence may not in any event exceed an amount equivalent
to charges payable by subscriber for services during the period
damages occurred. In no event shall the company be liable for
any special or consequential damages, loss or injury.
- New
Domain Accounts: All new web hosting accounts involving new
domains will be set up and entered into our DNS servers within
1 to 3 business days. Due to unforeseen complications, however,
this process may sometimes require up to 7 business days. If the
new domain is registered by the account holder, there will be
no handling fee. If the domain is registered by CAS company on
behalf of the account holder a handling fee will be incurred.
- Transfer
of Domains: New web hosting accounts which involve the transfer
of a domain from another provider to CAS company will require
a minimum of tree (3) days to be set up and entered into our DNS
servers. In some cases, such transfers may take up to sixty (60)
days. Due to the unpredictable nature of the transfer process,
no guarantees are made regarding the amount of time a specific
transfer may take. If the transfer of the domain is done by CAS
company on behalf of the account holder a handling fee will be
incurred. If the customer cancels service during the transfer
period for any reason, all charges are considered earned.
- SPAM
and Unsolicited Commercial Email (UCE): CAS company takes
a zero tolerance approach to the sending of Unsolicited Commercial
Email (UCE) or SPAM over our network. Very simply this means that
customers of CAS company may not use or permit others to use our
network to transact in UCE. Customers of CAS company may not host,
or permit hosting of, sites or information that is advertised
by UCE from other networks. Violations of this policy carry severe
penalties, including termination of service.
- Violation
of CAS company SPAM policy will result in severe penalties.
Upon notification of an alleged violation of our SPAM policy,
CAS company will initiate an immediate investigation (within
48 hours of notification). During the investigation, CAS company
may restrict customer access to the network to prevent further
violations. If a customer is found to be in violation of our
SPAM policy, CAS company may, at its sole discretion, restrict,
suspend or terminate customer's account. Further, CAS company
reserves the right to pursue civil remedies for any costs
associated with the investigation of a substantiated policy
violation. CAS company will notify law enforcement officials
if the violation is believed to be a criminal offense.
- First
violations of this policy will result in an "Administrative
Fee" of $100 and your account will be reviewed for possible
immediate termination. A second violation will result in an
"Administrative Fee" of $500 and immediate termination
of your account. Users who violate this policy agree that
in addition to these "Administrative" penalties,
they will pay "Research Fees" not to exceed $175
per hour that CAS company personnel must spend to investigate
the matter. PLEASE, DO NOT SPAM from your account.
- As
our Customers are ultimately responsible for the actions of
their clients over the CAS company network, it is advisable
that Customers develop a similar, or stricter, policy for
their clients.
- Network
- IP
Address Ownership: If CAS company assigns Customer an
Internet Protocol address for Customer's use, the right to
use that Internet Protocol address shall belong only to CAS
company, and Customer shall have no right to use that Internet
Protocol address except as permitted by CAS company in its
sole discretion in connection with the Services, during the
term of this Agreement. CAS company shall maintain and control
ownership of all Internet Protocol numbers and addresses that
may be assigned to Customer by CAS company, andCAS company
reserves the right to change or remove any and all such Internet
Protocol numbers and addresses, in its sole and absolute discretion.
Our allocation of IP addresses is limited by ARIN's new policies.
These new policies state that use of IP addresses for IP based
virtual hosts will not be accepted as justification for new
IP addresses. What this means to you is that you MUST use
name-based hosting where possible. We will periodically
review IP address usage, and if we find that clients are using
IP addresses where name-based hosting could be used, we will
revoke authorization to use those IP addresses that could
be used with name-based hosting.
- Bandwidth
and Disk Usage: Customer agrees that bandwidth and disk
usage shall not exceed the number of megabytes per month for
the Services ordered by Customer on the Order Form (the "Agreed
Usage"). CAS company will monitor Customer's bandwidth
and disk usage. CAS company shall have the right to take corrective
action if Customer's bandwidth or disk usage exceeds the Agreed
Usage. Such corrective action may include the assessment of
additional charges, disconnection or discontinuance of any
and all Services, or termination of this Agreement, which
actions may be taken is in CAS company's sole and absolute
discretion. If CAS company takes any corrective action under
this section, Customer shall not be entitled to a refund of
any fees paid in advance prior to such action.
- System
and Network Security: Users are prohibited from violating
or attempting to violate the security of the CAS company Network.
Violations of system or network security may result in civil
or criminal liability. CAS company will investigate occurrences,
which may involve such violations and may involve, and cooperate
with, law enforcement authorities in prosecuting Users who
are involved in such violations. These violations include,
without limitation:
- Accessing
data not intended for such User or logging into a server
or account, which such User is not authorized to access.
- Attempting
to probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures
without proper authorization.
- Attempting
to interfere with service to any user, host or network,
including, without limitation, via means of overloading,
"flooding", "mail bombing" or "crashing".
- Forging
any TCP/IP packet header or any part of the header information
in any e-mail or newsgroup posting.
- Taking
any action in order to obtain services to which such User
is not entitled.
- Notification
of Violation:
- CAS
company is under no duty to look at each customer's or user's
activities to determine if a violation of the AUP
has occurred, nor do we assume any responsibility through
our AUP to monitor or police Internet-related activities.
- First
violation: Any User, which CAS company determines to have
violated any element of this Acceptable
Use Policy, shall receive an email, warning them of the
violation. The service may be subject at CAS company's discretion
to a temporary suspension pending a User's agreement in writing,
to refrain from any further violations.
- Second
Violation: Users that CAS company determines to have committed
a second violation of any element of this Acceptable Use Policy
shall be subject to immediate suspension or termination of
service without further notice.
- We
reserve the right, to drop the section of IP space involved
in Spam or Denial-of-Service complaints if it is clear that
the offending activity is causing great harm to parties on
the Internet. In particular, if open relays are on your network
or a customer's network, or if denial of service attacks are
originating from your network. In certain rare cases, we may
have to do this before attempting to contact you. If we do
this, we will contact you as soon as is feasible.
- Suspension
of Service or Cancellation: CAS company reserves the right
to suspend network access to any customer if in the judgment of
the CAS company network administrators the customer's server,
account or client is the source or target of the violation of
any of the other terms of the AUP or for
any other reason which CAS company chooses. If inappropriate activity
is detected, all accounts of the Customer in question will be
deactivated until an investigation is complete. Prior notification
to the Customer is not assured. In extreme cases, law enforcement
will be contacted regarding the activity. The customer will not
be credited for the time the customer's servers or account(s)
were suspended.
- CAS
company reserves the right to amend its policies at any time.
All Sub-Networks, resellers and managed servers of CAS company
must adhere to the above policies. Failure to follow any term
or condition will be grounds for immediate Cancellation. You will
be held responsible for the actions of your clients in the matter
described on these Terms and conditions. Therefore, it is in your
best interest to implement a similar or stricter Terms and conditions
or otherwise called Acceptable Terms of use policy.
- Indemnification:
CAS company wishes to emphasize that in agreeing to the CAS company
Acceptable Use Policy (AUP) and Terms of
Service (ToS), customer indemnifies CAS company for any violation
of the Acceptable Use Policy (AUP) and
Terms of Service (ToS) that results in loss to CAS company or
the bringing of any claim against CAS company by any third-party.
This means that if CAS company is sued because of a customer's
or a customer of a customer's activity, the customer will pay
any damages awarded against CAS company, plus all costs and attorney's
fees.
- Miscellaneous
Provisions: You must provide us with, and keep current, good
contact information for you. E-mail, fax, and telephone contacts
are used, in that order of preference.
- A
waiver by the Company of any breach of any provision of this
Agreement by Subscriber shall not operate as or be construed
as a continuing or subsequent waiver thereof or as a waiver
of any breach of any other provision thereof.
- Subscriber
shall not transfer or assign this Agreement without the prior
written consent of the Company. Company may assign Agreement
at anytime without consent from or notice to Subscriber. Company
reserves right to cancel customers rights under this contract
at anytime without further obligation.
- CAS
company takes no responsibility for any material input by
others and not posted to the CAS company Network by CAS company.
CAS company is not responsible for the content of any other
websites linked to the CAS company Network; links are provided
as Internet navigation tools only. CAS company disclaims any
responsibility for any such inappropriate use and any liability
to any person or party for any other person or party's violation
of this policy.
- CAS
company is not responsible for any damages your business may
suffer. CAS company does not make implied or written warranties
for any of our services. CAS company denies any warranty or
merchantability for a specific purpose. This includes loss
of data resulting from delays, non-deliveries, wrong delivery,
and any and all service interruptions caused by CAS company.
- Adult
Content: - Adult Content or links to Adult Content are not
permitted on CAS company Servers.
Click
here to read the Acceptable Use Policy.
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