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Acceptable Use Policy / IP Policy
Privacy Statement
Wcws Internet does have some restrictions on how its service may be
used. This document outlines how the service may be used.
Our acceptable use policy has been formulated with the following
goals
in mind:
To maintain the highest quality of service for all of our
customers.
To protect our customers and ourselves from liability.
To maintain the image and reputation of our customers and ourselves.
To encourage the responsible use of Internet resources and to
discourage practices which degrade the usefulness of Internet
resources.
The acceptable use policy defines behavior with which Wcws Internet
Internet
expects its customers to strictly comply while using our services.
We reserve the right to change this policy at any time, without
notice.
As such, we expect our customers to review this policy from time to
time
in order to maintain compliance.
To report violations of this AUP, please email abuse@Wcws Internet,
or
call us at (585) 301 6356, and ask for the abuse department.
1. Security
Circumventing security measures or interference with the services of
another user, host, or network is explicitly prohibited.
This includes, but is not limited to, denial of service attacks,
password cracking, use of security exploits, or using resources not
allocated to you.
Customers will be held liable for any activity on, against, or
otherwise
related to their server, even if the customer did not initiate that
activity.
2. High-risk services
High-risk services, which are services which tend to attract denial
of
service attacks, are strictly prohibited. This includes, but is not
limited to, IRC related services and selling of shell accounts.
3. Mandatory Security Updates
Wcws Internet reserves the right to issue 'Mandatory Security
Updates'. These are updates that the customer must apply as quickly
as
possible.
If the customer does not apply them within a reasonable amount of
time,
to be determined by Wcws Internet Internet, then Wcws Internet will
apply
them for the customer at our standard hourly rate.
We only issue 'Mandatory Security Updates' when we find that an
exploit
is being so widely used, that it represents a threat to our network
or the
Internet in general.
4. Network Policies
Customers will be held liable for incorrect setting of netmasks,
routes,
or any other network configuration or programming issue which causes
unnecessary broadcast or multicast traffic on our network, or denial
of
service, deliberate or not, caused by forging ARP queries or replies
or
by configuring IPs into their machine which were not assigned to
their
server.
Misconfiguration of network settings may result in disconnection of
the
server at fault from the network, and/or correction of the fault at
the
customer's risk and expense. Any loss of functionality caused by the
attempted correction of the problem will be the customer's
responsibility to solve.
IP allocation is governed by ARIN policy. Particularly, ARIN policy
states that the use of IP addresses for IP based virtual hosts will
not be accepted as justification for the allocation of new IP
addresses. This means 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 the IP addresses in violation.
To facilitate re-use of IP addresses, at the conclusion of a
customer's
contract, the customer is required to provide a copy of an
authorized
domain registrar (ie, Network Solutions/Verisign) records, showing
that
the customer's host name servers no longer are configured to use
Wcws Internet-owned IP addresses. This document must be delivered to
Wcws Internet within 10 days after the effective termination date.
Failure to comply will result in fees for the continued use of the
still-registered IP addresses.
5. Contact Information
Customers are responsible for maintaining their contact information
in
the ticketing system such that the email address is always reachable
even in the event of their Wcws Internet servers being shut down.
6. Unsolicited Bulk Email, and Messaging -- SPAM.
Wcws Internet strongly believes that UCE/UBE degrades the usability
of Internet mail services everywhere, and thus any spam or spam
support
services are expressly prohibited from using our network.
This includes supporting the beneficiaries of spam in any shape or
form,
including, but not limited to, hosting DNS, web sites, or email
addresses related to spam.
Distribution of spam-related software is also strictly prohibited.
Mailing lists must be true opt-in mailing lists. Before sending any
email to a listed user, a confirmation email, with a tracking
number, must be sent to the new subscriber, to which they must
respond with a confirmation that they wish to be added to the list.
You must keep these confirmations on file, so that in the case that
a spam complaint is made against you, you have proof that the user
did indeed opt-in. In addition, you must provide at least one easy
way to opt out; see the MAPS guidelines (http://mail-abuse.org/rbl/manage.html)
for details. Opt-out requests must be honored immediately.
If your server is used to send any email at all, it must also
conform to
RFC1123; in particular, it must accept mail for 'postmaster' and
must
accept bounces (which have a FROM address of '<>').
7. General legal compliance
Customers are prohibited from using Wcws Internet Internet's
services in order to engage in any activities which are, in Wcws
Internet Internet's sole discretion, unlawful, threatening, abusive,
libelous, or would constitute a criminal offense, give rise to civil
liability, or otherwise violate the laws of any applicable
jurisdiction.
8. Facilitating violations, attempted violations, and the 'spirit'
of
the AUP.
Any activities that would facilitate or promote activities which
violate this AUP will be considered violations of this AUP.
Attempted violations will be treated as if they succeeded.
It is not possible to enumerate all possible violations of our AUP.
We
expect our customers to comply with the spirit of this AUP,
particularly
the four points at the beginning of this document.
9. Indemnification
You agree to indemnify Wcws Internet for any liability and loss
incurred as a result of activities that occur within resources
allocated to you by Wcws Internet Internet.
10. Third parties
Any third party acting on your behalf must follow this AUP.
If you provide third parties with services, you must also present
them
with an AUP that complies with ours; you may also add your own
policies
if you desire, as long as they do not conflict with this AUP. In
case of conflicts between AUPs, Wcws Internet's AUP will take
precedence over
customers' AUPs.
11. Violation of this AUP.
In addition to the indemnification clause, Wcws Internet will take
actions to enforce this AUP.
We may, at our discretion 'black hole' IP space violating our AUP.
We may, at our discretion, completely disconnect servers and
networks which are violating our AUP.
We may, at our discretion, accelerate any contracts we hold with
the customer responsible for the violation of this AUP.
We may, at our discretion, completely terminate any and all services
we provide to the customer responsible for the violation of this AUP.
Customer agrees to cover all costs incurred by Wcws Internet
Internet
as a result of AUP violations, and to additionally pay an
administrative fee of $500 per violation, or $95 per hour for our
time, whichever is greater.
12. Disclaimer
Wcws Internet reserves the right to discontinue service at any time
for any reason.
You agree that Wcws Internet Internet's responsibility for loss of
data, delays, non-deliveries, wrong delivery, and any and all
service interruptions shall be limited to credits described by the
Service Level Agreement (SLA) included in your contract, and that
the results of any invocation of any clause in this AUP shall not
result in SLA credits.
If no Service Level Agreement is included in your contract, you
agree
that Wcws Internet has no liability.
Service Level Agreement
Wcws Internet is committed to providing services at a standard of
excellence commensurate with the best practice in the industry.
Network uptime and server availability are of the highest
importance. The following service levels are designed to assure our
customers of ultimate performance and maximal uptime.
Defaulter / Payments
If any of our customer fail to pay for their server Or any other
service provided by Wcws Internet, then he/she will be given 3
warnings, after that Wcws Internet shall discontinue their service
at anytime without giving any prior notice to the customer.
Online Transaction
We don't provide charge backs for any of our software/products, Our
credit card merchants has full authorize to deny / accept the
customer credit card, if they think the credit card is TRUE and the
customer is using that legally then they can issue us payment after
that we don't provide any sort of support or charge backs either to
the customer nor to the credit card merchant / bank.
Hardware
Wcws Internet Warranty Advantage (DIWA)
We stand behind our computers with an "unlimited free replacement
warranty" for ALL leased or rented systems, including individual
parts ordered as upgrades from Wcws Internet Internet.
Wcws Internet will replace, at no charge (including labor), the
following components or system parts: System Enclosures or cases,
CPU or Processors, Random Access Memory (RAM), System Motherboards,
Controllers, Ethernet Adapters, Ethernet or Network Cards, CD ROMs,
Floppy Drives, IDE or SCSI Hard Disk Drives, SCSI Adapters, Video
Cards, Sound Cards, Surge Protectors and Un-interrupted Power
Supplies (UPS), Network and Power Cables, System Power Supplies,
System Fans.
Repair will start upon our identification of the hardware failure
and will be completed within 2 hours from problem identification. If
faulty hardware replacement takes more than 2 hours, customer will
be refunded 5% of monthly fee per additional hour of down time (up
to customer's full monthly fee).
Network
Wcws Internet uses Cisco switches, routers, and other networking
equipment. Redundant components are used to ensure uptime and
minimize failure. Our network is connected through multiple T-3
lines within an OC-12 Sonet Ring to several backbone providers, for
fast, reliable connectivity.
Network Uptime
Wcws Internet guarantees network availability of 99.9% in a given
month (43.2 minutes downtime per month), excluding scheduled
maintenance. Network is considered unavailable if there is a 100%
packet loss from Wcws Internet to its backbone providers. We will
refund customers 5% of the monthly fee for each additional hour of
downtime (up to 100% of customer's monthly fee). Network
infrastructure is all equipment, from the cable connected to the
server's NIC to the backbone provider, and includes routers,
switches and cabling. Downtime is measured past 10 minutes after
notification of network failure, via the ticketing system. If the
ticketing system itself is unreachable, the ticket must be started
by calling the NOC. Wcws Internet personnel will determine end of
downtime by a traceroute to the customer's machine from outside Wcws
Internet Internet.
Claiming Refunds
Customer is responsible for notifying the billing department for any
credits due for the month within seven days from the time of the
incidence. Customer should supply all relevant information,
including ticket numbers, for refund to take place. Denial of
customer claims may be appealed through the normal escalation
procedure
Customer Spamming Policy
Wcws Internet has zero tolerance for spam originating from our
customers, or from our customers' customers, or for spam advertising
web sites of our customers or our customers' customers
Software Refund
No refunds will be given for software that is delivered via download
from the Internet. For software delivered by US Postal Service or
any private courier, refunds will only be given for unopened
software, i.e. delivered sealed pack CD CASE in Jewel Case/ BOX.
All our encrypted version software comes with 30 days of support,
and NO refund policy. All customer's First Name / Last Name is a
proof that they've agreed to our Terms & Condition before making any
purchase. Software agreement will be sent to our customer along with
there printed name which is a proof that they've agreed to our TAC.
Support Policies
As a customer or potential customer, please review and become
familiar with these support policies and procedures. Should you have
any specific questions regarding these policies, please contact our
Service Staff.
Customers are the first line of support for their customers. Our
Support Staff is always available to our Customers, but we cannot
work directly with the customers of our Customers.
Our Support Staff is largely responsible for supporting the
Customers and their customers by isolating specific problems that
may be encountered while using our Servers. Realistically, our
Support Staff cannot and will not focus large amounts of time
fulfilling programming-specific CGI script requests (this includes
debugging). Our Support Staff will troubleshoot specific programming
problems, which may be encountered insofar as they are related to
installation and configuration in the Server environment.
Our Support Staff can offer recommendations and direct the Customer
to the necessary resources that will allow them to create what is
necessary for their express purposes. Web development services may
purchase through our Web Design Services Department.
We will not offer technical support for third party vendor products
that are not documented in our existing "add-on" library on our web
site. If you have a problem with such third-party applications,
which is not specific to installing or running the program on one of
our Servers, please refer your questions to the vendor of the
program.
Copyright
What is copyright?
Copyright is a form of protection provided by the laws of the United
States (title 17, U.S. Code) to the authors of ?original works of
authorship,? including literary, dramatic, musical, artistic, and
certain other intellectual works. This protection is available to
both published and unpublished works. Copyright generally gives the
owner of copyright the exclusive right to do and to authorize others
to do the following:
To reproduce the work in copies
To prepare derivative works
To distribute copies of the work to the public
To display the copyrighted work publicity.
It is illegal for anyone to violate any of the rights provided by
the copyright law to the owner of copyright.
Who can claim copyright?
Copyright protection subsists from the time the work is created in
fixed form. The copyright in the work of authorship immediately
becomes the property of the author who created the work. Only the
author or those deriving their rights through the author can
rightfully claim copyright. In the case of works made for hire, the
employer and not the employee is considered to be the author
What works are protected?
Copyright protects "original works of authorship" that are fixed in
a tangible form of expression. The fixation need not be directly
perceptible so long as it may be communicated with the aid of a
machine or device. Copyrightable works include literary works,
musical works, including any accompanying words, pictorial, graphic,
and audiovisual works and more. These categories should be viewed
broadly. For example, computer programs and most "compilations" may
be registered as "literary works"; maps and architectural plans may
be registered as "pictorial, graphic, and sculptural works."
Copyright is secured automatically when the work is created, and a
work is "created" when it is fixed in a copy for the first time.
"Copies" are material objects from which a work can be read or
visually perceived either directly or with the aid of a machine or
device.
Wcws Internet and Copyright
A lot of research, creativity and design go into our web pages,
programs and printed materials. The production process that leads to
the finished product is time consuming, requires specialized
software, expertise and "elbow grease." Needless to say, Wcws
Internet would exercise its right to protect its copyrighted
material against unauthorized reproduction or copying. In case of
doubt, contact us for permission to use the material in question.
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