TM9 Web Design & Hosting & Hosting Terms Of Service
T.O.S.

Please review this important information. These are the terms you agree to upon ordering your account, and you will be held to them. NOT READING is not an excuse for disregarding them. If you have any questions, please contact the administrator by clicking here  

As an Internet hosting company, TM9 Web Design & Hosting & Hosting offers its subscribers the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. TM9 Web Design & Hosting & Hosting also wants its subscribers to be fully informed of their rights and obligations -- and those of TM9 Web Design & Hosting & Hosting -- in connection with their use of the Internet. This Network Access Policy, which supplements and explains certain terms of each customer's respective services agreement (the "Services Agreement"), is intended as a plain English guide to those rights and obligations.

The fundamental fact about the Internet is that no one -- neither TM9 Web Design & Hosting & Hosting, nor anyone else -- owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that TM9 Web Design & Hosting & Hosting cannot monitor, verify, warrant or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because TM9 Web Design & Hosting & Hosting cannot monitor and censor the Internet, and will not attempt to do so, TM9 Web Design & Hosting & Hosting cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable or offensive Internet communications.

When subscribers disseminate information through the Internet, they also must keep in mind that TM9 Web Design & Hosting & Hosting does not review, edit, censor or take responsibility for any information its subscribers may create. This places on subscribers what will be, for most, an unfamiliar responsibility. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information they create is carried over TM9 Web Design & Hosting & Hosting facilities and may reach a large number of people, including both subscribers and nonsubscribers of TM9 Web Design & Hosting & Hosting, subscribers' postings to the Internet may affect other subscribers and may harm TM9 Web Design & Hosting & Hosting's goodwill, business reputation and operations. For these reasons, subscribers violate TM9 Web Design & Hosting & Hosting policy and the Services Agreement when they, their affiliates or subsidiaries engage in the following activities:

Adult Content
Adult content is strictly prohibited from servers. No adult content may be stored on, or served from our servers. Further, no files on our servers may contain links to adult content. This includes but is not limited to sites that are associated with bestiality, child pornography, other material that might generally be deemed adult in nature. TM9 Web Design & Hosting & Hosting will be the sole discretionary in such matters. -

Background Running Programs and Cron Jobs
TM9 Web Design & Hosting & Hosting will not allow programs to run in the background. -

CGI Scripts
CGI script sharing with domains not hosted by TM9 Web Design & Hosting & Hosting is not permitted. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice. -

Chat Rooms
TM9 Web Design & Hosting & Hosting does not allow customers to install their own chat rooms not supplied as part of the package they lease from TM9 Web Design & Hosting & Hosting Some Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. Some packages come with a chat room which customers may use. -

Copyright Violation - Illegal Use
Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the offending parties, and can involve the ISP in litigation and possible loss of reputation. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots. -

Defamation
Defamatory speech distributed over the Internet can result in civil liability for the defamer and litigation against the ISP whose facilities were used to distribute the defamatory material.

Distribution and/or Transmission of Obscene or Indecent Speech or Materials
Violation of indecency and obscenity laws can result in criminal penalties. 

Distribution of Internet Viruses, Worms, Trojan Horses and Other Destructive Activities
Distribution of Internet viruses, worms, Trojan horses and other destructive activities, such as hacking, can result in serious civil and or criminal liability under federal and state law.

Export Control Violations
The law limits the ability of persons to export encryption software, over the Internet or otherwise, to points outside the United States.

IRC
TM9 Web Design & Hosting & Hosting does not allow IRC or IRC bots to be operated on our servers.

Other Activities
Whether lawful or unlawful, that TM9 Web Design & Hosting & Hosting determines to be harmful to its subscribers, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the service or the Internet.

Security - Illegal/Unauthorized Access to Other Computers or Networks
The illegal or unauthorized accessing (often known as "hacking" or "cracking") of computers or networks carries potential civil and criminal penalties under both federal laws and the laws of most states. Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Server Abuse
Any attempts to undermine or cause harm to a TM9 Web Design & Hosting & Hosting server or customer are strictly prohibited.

Server Resources
Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources over their allotted limits) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan.

Spamming
Unsolicited, commercial mass e-mailing (known as "spamming") is a strongly disfavored practice among Internet users and service providers. It is particularly harmful not only because of its negative impact on consumer attitudes toward TM9 Web Design & Hosting & Hosting, but also because it can overload TM9 Web Design & Hosting & Hosting's equipment and disrupt service to TM9 Web Design & Hosting & Hosting subscribers. Spamming, the sending of unsolicited mass email from or through a TM9 Web Design & Hosting & Hosting server or using an email address that is maintained on a TM9 Web Design & Hosting & Hosting machine is STRICTLY prohibited. TM9 Web Design & Hosting & Hosting will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but reference in the spam a web site hosted on a TM9 Web Design & Hosting & Hosting server. Violators will be assessed a minimum fine of $500.00 and will face immediate suspension.

As we have pointed out, the responsibility for avoiding the harmful activities described above rests primarily with the subscriber. TM9 Web Design & Hosting & Hosting will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with TM9 Web Design & Hosting & Hosting policy or applicable law. When TM9 Web Design & Hosting & Hosting becomes aware of harmful communications, however, it may take any of a variety of actions. TM9 Web Design & Hosting & Hosting may remove information that violates its policies, implement screening software designed to block offending transmissions, or take any other action it deems appropriate, including termination of a subscriber's contract with TM9 Web Design & Hosting & Hosting.

TM9 Web Design & Hosting & Hosting also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching TM9 Web Design & Hosting & Hosting's facilities from those subscribers may have been originated by customers of those subscribers or other third parties. TM9 Web Design & Hosting & Hosting does not require its subscribers who offer Internet services to monitor or censor transmissions created by customers of its subscribers. At the same time, subscribers who knowingly transmit materials that violate law or TM9 Web Design & Hosting & Hosting policy are, themselves, in violation of TM9 Web Design & Hosting & Hosting policy. Similarly, TM9 Web Design & Hosting & Hosting anticipates that subscribers who offer Internet services will cooperate with TM9 Web Design & Hosting & Hosting in any corrective action that TM9 Web Design & Hosting & Hosting deems necessary, in order to correct and prevent the transmission of material that is harmful to TM9 Web Design & Hosting & Hosting or its subscribers. Failure to cooperate with such corrective and preventive measures is a violation of TM9 Web Design & Hosting & Hosting policy.

TM9 Web Design & Hosting & Hosting also is concerned with the privacy of online communications. In general, the Internet is neither more nor less secure than other common communications media, including mail, facsimile and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, TM9 Web Design & Hosting & Hosting urges its subscribers to assume that all of their online communications are insecure.

TM9 Web Design & Hosting & Hosting cannot take any responsibility for the security of communications transmitted over TM9 Web Design & Hosting & Hosting's facilities. TM9 Web Design & Hosting & Hosting will comply fully, however, with all applicable laws concerning the privacy of its subscribers' online communications. In particular, TM9 Web Design & Hosting & Hosting will not intentionally monitor or disclose any private electronic mail messages sent or received by its subscribers unless required to do so by law. TM9 Web Design & Hosting & Hosting may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, TM9 Web Design & Hosting & Hosting may be required to disclose information transmitted through its facilities in order to comply with court orders, statutes, regulations or governmental requests. Finally, TM9 Web Design & Hosting & Hosting may disclose information transmitted over its facilities where necessary to protect TM9 Web Design & Hosting & Hosting and its subscribers from harm, or where such disclosure is necessary to the proper operation of the system.

TM9 Web Design & Hosting & Hosting expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate TM9 Web Design & Hosting & Hosting policy. Finally, TM9 Web Design & Hosting & Hosting wishes to emphasize that in signing the Services Agreement, subscribers indemnify TM9 Web Design & Hosting & Hosting for any violation of the subscriber of the Services Agreement, or of law or TM9 Web Design & Hosting & Hosting policy, that results in loss to TM9 Web Design & Hosting & Hosting or the bringing of any claim against TM9 Web Design & Hosting & Hosting. This means that if TM9 Web Design & Hosting & Hosting is sued because of activities of the subscriber that violate any law, the Services Agreement or this policy (which is part of the Services Agreement), the subscriber will pay any damages awarded against TM9 Web Design & Hosting & Hosting, plus costs and reasonable attorneys' fees.

We hope this Policy Statement is helpful in clarifying the obligations of Internet users, including TM9 Web Design & Hosting & Hosting and its subscribers, as responsible members of the Internet.

We may amend these Policies at any time in our sole discretion. Because these policies are available for public viewing at all times, it is your responsibility to regularly view these policies for changes or updates.