Acceptable Use Policy 

The following constitute the terms of use and examples of unacceptable use of 216digital’s services, which will result in suspension, or termination of the client’s account.

Affronts to Etiquette

Unacceptable activities include spamming (sending unsolicited advertising to those with which the client has no existing business relationship, posting off-topic advertising in newsgroups); spoofing (using a return email address which is not the valid reply address of the sender or sending an email message which does not contain enough information to enable the recipient to identify the party who is really sending the message; passive spamming (promoting a web site hosted by 216digital by spamming from some other source), trolling (posting controversial messages in newsgroups to generate responses), mail bombing (inundating a user with email without any serious intent to correspond), generating a higher volume of outgoing mail than a normal user (over 10% of available system resources), and subscribing someone else to an electronic mailing list without that person’s permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distribute unsolicited email. Any client repeatedly mail bombed or that attracts such behavior will be asked to leave. If you are not sure if your actions will be in violation, please ask first.

Abuse of the legal rights of others

Examples of unacceptable activities in this regard include posting private information about a person without their consent, infringing intellectual property rights, defaming a person or business, and knowingly making available code that will have a deleterious effect on third party computers. We support free speech on the Internet, and will not suspend or cancel a client’s account simply because it disagrees with the views expressed by the client. Where there are allegations that a client’s on-line activity has violated the legal rights of a third party, 216digital will not substitute itself for a court of law in deciding tort claims raised by the third party.

Any Abuse of the law

216digital’ services may be used for lawful purposes only. Illegality includes but is not limited to: drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEG’s, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited. 216digital reserves the right to check system files, email, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary.

No Pornography

Pornography and sex-related merchandising, or links to such material, even if legal, is not an acceptable use of 216digital’ servers.

Abuse of 216digital Server Resources

Running programs in the background on an 216digital server without 216digital’ prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, more then 1000 emails a day and the like are not acceptable uses of 216digital servers. Further, any usage of ten percent (10%) or more of our system resources is an undue burden on our system and is unacceptable. If your usage ever exceeds ten percent (10%) of system resources, your account may be terminated immediately and without prior notice. In addition any domain that exceeds ten gigabytes of bandwidth traffic can be terminated without prior notice. 216digital can set an additional domain name to be pointed to your site’s IP address for a one-time $12 setup fee. Usage of scripts or other utilities to direct pointed domain names to subdirectories is not permitted and is grounds for termination of the account. Further, databases cannot exceed 50MB, and no more than 5 connections to MySQL are permissible. Any action, intentional or not, that results in the denial of services to another client is cause for suspension without warning.

IP Addresses

216digital maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

Hacking/Cracking

216digital reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution.

The following examples of unacceptable behavior are non-exclusive, and are provided for guidance purposes. If you are unsure if your actions will be a violation of our policies please contact us.

Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network Attempt to circumvent any user authentication or security of host, network, or account. Accessing data not intended for user. Probing the security of any network. Spawning dozens of processes. Port scans, ping floods, packet spoofing, forging router information, Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land, teardrop. Promulgation of viruses. IRC bots such as eggdrop or BitchX. Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken. The presence of any of these programs, whether or not run, will result in action against the user including suspension or termination.

Client Responsibility

The client is responsible for all activity originating from the account including payment of additional fee based services and options selected through their control panel. The client is responsible for securing their username/password. The client is also responsible for keeping their administrative and billing profile current, including billing card details. The client acknowledges and agrees that 216digital will use the billing profile information for billing purposes. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of 216digital’ service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR, GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of 216digital to provide this knowledge or support outside matter specific to 216digital’ servers.

Backups

Full backups are made weekly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients’ responsibility to maintain local copies of their web content any information. If loss of data occurs due to an error of 216digital, we will attempt to recover the data for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, 216digital will attempt to recover the data from the most recent archive for a $50.00 fee.

Limitation of Liability

216digital shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from 216digital’ servers going off-line or being unavailable for any reason whatsoever. 216digital makes no warranties of any kind, expressed or implied, for services we provide. 216digital 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 216digital and its employees. Further, 216digital shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of 216digital’ servers.

216digital cannot and will not be liable for any loss or damage arising from failure to maintain secure practices. This includes but is not limited to: maintaining secure (not easy to guess) passwords for all accounts, using non-standard scripts that are vulnerable to exploits and hacks.

Indemnification

Client agrees to indemnify 216digital for the violation of any law or 216digital policy that results in loss to 216digital or the bringing of any claim against 216digital. In the event 216digital is sued as result of activities of the client that violate any law, or this policy, the client agrees to pay any damages awarded against 216digital, plus costs and reasonable attorneys’ fees.

216digital shall be the sole arbiter of what is and is not a violation of these acceptable use policies. 216digital reserves the right to terminate an account at any time and for any reason that causes harm to any 216digital client’s web sites. 216digital reserves the right to delete all content and files upon termination. 216digital reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. 216digital reserves the right to refuse, cancel, or suspend service at our sole discretion.

Client agrees not to directly or indirectly (i) hire, solicit, or encourage to either leave the employment of or cease working with Company, any current employee of Company or any consultant engaged by Company. For any violations of this Agreement, Client shall be entitled to an injunction, compensatory and punitive damages, and reimbursement for its counsel fee.

All clients must be at least 18 years of age to obtain our service.

216digital reserves the right to change the Acceptable Use Policy and hosting plan configurations without prior notice or warning. Non-enforcement of any part of the Acceptable Use Policy does not constitute consent.

Violations of these Acceptable Use Policies should be brought to our attention immediately . All complaints will be investigated promptly.

Renewals and Cancellations

All accounts shall automatically renew upon expiration of hosting term, unless 216digital receives written cancellation. Account cancellations require 30-day written notice. Account balances must be paid in full prior to account closure. Cancellation refunds are given on a prorated basis based upon the actual discount earned for the number of months of service. All refunds are exclusive of setup fees, add-on modules, and development services.