Acceptable Use Policy & Terms Of Service
The following is the entire Acceptable User Policy (“AUP”) agreement between Southeast Web Services (“Southeast Web Services”) and the personal or corporate account holder (“YOU/YOUR/Customer”). Southeast Web Services provides World Wide Web Hosting, Marketing, and Development. Southeast Web Services has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services.
Southeast Web Services general policy is to act as a provider of Internet presence. Southeast Web Services reserves the rights to suspend or cancel a customer’s access to any or all services provided by Southeast Web Services when we decide that the account has been inappropriately used.
Server Abuse
Any attempt to undermine or cause harm to a server or customer of Southeast Web Services is strictly prohibited.
Southeast Web Services will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “Internet scamming” (tricking other people into releasing their passwords), password theft, security hole scanning, etc. Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to Southeast Web Services, will result in action against YOU. Possible actions include warnings, account suspension or cancellation, as well as civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE – Southeast Web Services has the right to discontinue service or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below. YOU may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by Southeast Web Services to be unacceptable use of our services including abuse of server resources.
WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS – All web applications that are out of-date and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness.
Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
Storage Space Abuse
Southeast Web Services will not tolerate any form of storage space abuse. At least 90% of YOUR web pages (“HTML”) must be ‘linked’ with files (GIF, JPEG, etc.) stored on Southeast Web Services servers. Website that are found to contain either/or no HTML documents, a large number of unlinked files are subject to files deletion or account cancellation at the discretion of Southeast Web Services Management (“MANAGEMENT”), with or without prior notice.
If YOU do not qualify for the free service, disk space will go unmonitored until YOU reach the amount allocated to YOUR specific web hosting plan (“PLAN”). Thereafter, normal website data storage costs $0.20/1MB/month will be billed to YOUR account. If you want to pre-pay for disk space overages, you will be billed $0.10/1MB/month.
YOU will have 3 days to pay for your overages. Failure to do so will result in YOUR website being disabled within 3 days of YOUR first notice. This does not apply to co-location clients. Co-location clients will be billed for the overages based on switch reports. Co-location clients must pay for the overages IMMEDIATELY once billing or Southeast Web Services has the sole decision to deactivate any and all servers.
Southeast Web Services will be the sole arbiter as to what constitutes a violation of this provision.
Bandwidth Abuse
The intention of Southeast Web Services is to provide a large bandwidth to transfer web documents, and not an offsite storage area for electronic files. If YOU violate this condition, YOU will be notified and given 48 hours to remedy the problem. Failure to do so will result in YOU being billed for the overages.
If YOU do not qualify for the free service, traffic will go unmonitored until YOU reach the amount of quota allocated to YOUR specific PLAN. Thereafter, normal data transfer cost of $10.00/1GB/month will be billed to YOUR account. If YOU want to pre-pay for bandwidth overages, YOU will be billed $5.00/1GB/month.
YOU will have 3 days to pay for your overages. Failure to do so will result in YOUR website being disabled within 3 days of YOUR first notice. This does not apply to co-location clients. Co-location clients will be billed for the overages based on switch reports. Co-location clients must pay for the overages IMMEDIATELY once billing or Southeast Web Services has the sole decision to deactivate any and all servers.
Southeast Web Services will be the sole arbiter as to what constitutes a violation of this provision.
Unsolicited Email & Spamming
Unsolicited commercial advertisements (“SPAM”) are not allowed in e-mail, and will likely result in account cancellation.
Southeast Web Services takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, we will charge YOU up to $25 per unsolicited email message sent and delete YOUR account with any prior notice.
The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers – any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account (“mail bombing”); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list’s charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, the frequency of messages, or size of messages, is
prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages.
NOTE – If YOU use the services of another provider to promote a website hosted by or through Southeast Web Services (“spamvertising”), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
99.99% Uptime Guarantee
(1.) COVERAGE – This 99.99% uptime guarantee applies to any Customer in good financial standing with Southeast Web Services at the time of a service outage.
(2.) SERVICE LEVEL AGREEMENT (“SLA”) & SPECIFICATIONS – Southeast Web Services endeavors to have the content of YOUR website available for HTTP access by any party in the world 99.99% of the time. Network downtime (“unavailability”) is defined as 100% packet loss from Southeast Web Services to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Southeast Web Services’s online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the Southeast Web Services NOC.
Southeast Web Services’s administrators will determine the end of the downtime by a traceroute to YOUR machine from outside the Southeast Web Services network.
(3a.) SHARED HOSTING CREDITS – In the event that YOUR website is unavailable for less than 100%, Southeast Web Services will credit the following month’s service fee as follows. YOUR credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month.
Monthly Uptime Credit:
- 95% to 99.9% – YOUR account will be credited 10% of your monthly hosting fee
· 90% to 94.9% – YOUR account will be credited 20% of your monthly hosting fee
· 89.9% or below – YOUR account will be credited 50% of your monthly hosting fee
(3b.) MANAGE DEDICATED SERVERS – For managed dedicated server Customers, if the uptime is between 98.9% and 99.9% for any particular month, credit shall be retroactive and equivalent to the difference between the guaranteed level of availability of the Customer’s services during the month and the calculated actual level of availability of the Customer’s services, multiplied by the actual charges incurred by YOU for the services during that monthly period. In addition, for managed dedicated servers, YOU may be entitled to additional credits as calculated below measured 24-hours a day in a calendar month, with the maximum credit not to exceeding 25% of the monthly service charge for the affected month.
In order for YOU to receive a credit on YOUR account, YOU must request such credit within seven (7) days after YOU experienced the downtime. You must request credit by sending an email message to billing@getSoutheast Web Services.com/bkups. For security, the body of this message must contain YOUR account number, the dates and times of the unavailability of YOUR website, and such other customer identification requested by Southeast Web Services. Credits will usually be applied within sixty (60) days of YOUR credit request. Credit to YOUR account shall be YOUR sole and exclusive remedy in the event of an outage.
(4.) RESTRICTIONS – Credit shall not be provided to YOU in the event that you have any outage resulting from:
- scheduled maintenance as posted from time to time at Southeast Web Services,
· your behavior or the performance or failure of your equipment, facilities or applications,
· circumstances beyond Southeast Web Services’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your website,
· YOU breaking any agreement policy in Southeast Web Services’s “Terms & Conditions and AUP” causing a machine to fail as a result.
Technical Support Boundaries
Southeast Web Services provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues.
However, in under no circumstances is Southeast Web Services neither obligated to help YOU in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by YOU previously. We will only provide assistance in making sure any EasyApps applications that are installed through the cPanel control panel interface are installed as directed.
CGI Scripts
Each shared web hosting account comes with its own CGI-BIN. YOU are free to use any CGI scripts YOU wish, however, we reserve the rights to disable any CGI script that effects normal shared server operation without prior notice. (this section does not apply to managed dedicated servers)
Chat Rooms
We do not allow YOU to install YOUR own chat rooms within a shared hosting account, without approving it with Southeast Web Services. This includes, but not limited to, chat applications written in PHP, Perl, CGI, Python, Ruby, etc. Any web application that provides ‘real-time’ chat is also not permitted. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, web based forums such as vBulletin, phpBB or similar forum scripts are acceptable.
File Server
Southeast Web Services installed and provides special file-servers in our network infrastructure for YOUR benefit as a means of storage for electronic files and applications that are not dynamically generated and is downloadable in nature. Files such as MP3, AVI, MID, MIDI, MPG, MPEG, MOV, ZIP, RAR, EXE and anything else we deemed as downloadable and not dynamically generated scripting languages are to be stored within these file-servers, away from the webservers. This Policy does not apply for image files formats such as JPG, JPEG, GIF, PNG, and BMP.
In addition, all electronic files stored within Southeast Web Services’s file-servers must be legally owned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion without any further notifications
File-servers will not be backed up. YOU are advised to have YOUR own backup locally or elsewhere other than within the Southeast Web Services’s servers. If YOU are found to not adhere to this Policy, the offending material(s) will be deleted from YOUR hosting account without any prior notice.
This service is only available for Southeast Web Services’s SHARED-HOSTING customers.
SMTP MailServer Abuse
We do not allow YOU to send outbound email to more than 20 recipients at any one given time and/or more than 1,000 pieces of e-mail per day from a shared hosting account with a maximum file size of 20MB per email message. If YOU violate Southeast Web Services policies persistently in email activities, YOUR account will be suspended and deleted.
Background Running Programs
We may allow programs to run continually in the background. These are considered on a one-time basis and an extra charge will be incurred based on system resources used and operational maintenance needed. (This section does not apply to managed dedicated servers).
IRC
We currently do not allow IRC or IRC bots to be operated on our servers. IRC servers are not permitted on our network. YOU can, however, install IRC clients on managed dedicated servers. The installation and/or execution of a script and/or binary that runs in the background or listens to any given port are also strictly prohibited.
Payment Polices
All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts as well as major account changes and are non-refundable. All pricing is guaranteed for the term of prepayment. Southeast Web Services reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notifies Southeast Web Services to request for termination of services. All payment is in U.S. currency. Southeast Web Services will bill each client $50 per returned check, per wire transfer received and per credit card chargeback received. All Southeast Web Services accounts are setup on anniversary billing cycles. YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle during a current cycle, there will be a $50.00 fee. Please contact the billing department at billing@getSoutheast Web Servicesing.com should you wish to change your anniversary billing cycle.
Cancellation Of Service
Southeast Web Services reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Southeast Web Services if we institute our right of cancellation. Any violation of policies which results in extra costs billed to YOU (i.e. transfer, space, etc.).
If YOU cancel, the full contract amount less any setup fees and overages will be refunded if COMPANY is notified within the first 30 days following activation. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, domain registration fees, etc. For credit card payments, refunds will be made to an original account made available by the Customer after the 60th day. Refund policy will not be made available to Customers using wire transfers.
All account cancellations must be done via our cancellation form at YOUR hosting account control panel or by written email request to info@sewebservices.com.
Promotional Rates & Special Offers
Southeast Web Services may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not affect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.
Intellectual Property Rights
Material accessible to you through Southeast Web Services services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets, and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use Southeast Web Services or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the Southeast Web Services network. If YOU use a domain name in connection with Southeast Web Services or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Network Security
Customers may not use the Southeast Web Services network in an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Southeast Web Services will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
Electronic Commerce
YOU will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation:
(a.) the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products,
(b.) ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and
(c.) ensuring that the content and materials appearing within the store or related to YOUR products are not libelous or otherwise illegal. YOU will be solely responsible for the final calculation and application of shipping and sales tax. YOU will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom.
YOU are also responsible for the security of any customer credit card numbers and related customer information YOU may access as a result of conducting electronic commerce transactions through YOUR website. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with your confidential information.
Static & Dynamic Content Caching
YOU expressly
(i) grant to Southeast Web Services a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by Southeast Web Services under this Agreement and
(ii) agree that such caching is not an infringement of any of YOUR intellectual property rights or any third party’s intellectual property rights.
IP Address Ownership
Southeast Web Services shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by Southeast Web Services. Southeast Web Services reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
Lawful Purpose
Southeast Web Services reserves the right to refuse service to anyone. YOU may only use Southeast Web Services server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution, or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting 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: are “Pirated Warez”, OGG, AVI, MPEG, ISO, “Hacker programs or archives”, “Copyrighted Digital Movie Copies (DIVX)” and “Unlicensed MP3”. The designation of any materials as described above is left entirely to the discretion of Southeast Web Services management.
If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that Southeast Web Services may disclose any and all YOUR 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.
Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in Fort Lauderdale, Florida, and any dispute will be litigated or arbitrated in Fort Lauderdale, Florida. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Fremont courts. IN NO EVENT SHALL COMPANY’S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
Indemnification
YOU AGREE THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD Southeast Web Services HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS, AND CLAIMS, INCLUDING REASONABLE ATTORNEY’S FEES, ASSERTED AGAINST Southeast Web Services, ITS AGENTS, ITS CUSTOMERS, OFFICERS, AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY YOU, YOUR AGENTS, EMPLOYEES OR ASSIGNS. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Southeast Web Services AGAINST LIABILITIES ARISING OUT OF:
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Southeast Web Services’s SERVER.
(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY
(3) COPYRIGHT INFRINGEMENT AND
(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM Southeast Web Services’s
SERVER.
Disclaimer
Southeast Web Services WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. Southeast Web Services INC., MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR THE SERVICES WE PROVIDE. Southeast Web Services INC., DISCLAIMS ANY WARRANTY OR MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY Southeast Web Services AND ITS EMPLOYEES. Southeast Web Services INC., RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS, AND DEDICATED SERVERS OF Southeast Web Services INC., MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT CANCELLATION.
Privacy Statement
Southeast Web Services follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.
Last updated June, 2023
