Conditions and Acceptable Use Policy

Whale Head Productions- hereafter referred to as WHP - provides internet world wide web page hosting, marketing, and development has certain legal and ethical responsibilities in conjunction with the use of its server and the equipment involved in these services.

WHP general policy is to act as a provider of internet presence. WHP has specific ethical concerns regarding the use of its computers detailed below. WHP reserves the right to suspend or cancel a customer's access to any or all services provided by WHP when we decide that the account has been inappropriately used.

Specific Acceptable and Prohibited Use Policies

Server abuse

Any attempt to undermine or cause harm to a server, or customer, of WHP is strictly prohibited.

Unauthorized use of other people's accounts or computers

WHP 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 robbery, security hole scanning etc.

Any unauthorized use of accounts or computers by a WHP customer, whether or not the attacked account or computer belongs to WHP, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

Adult Sites, That Place Adult Materials On Their Sites

The following sites will not be tolerated: any site displaying any type of pornographic materials, hate materials, adult materials (that does not necessarily mean pornography only), racial materials, or endorsing unlawful practices.

Disk Storage and Bandwidth

Each particular hosting program allows for a preset amount of disk space, if you need more then your allocated amount, you may purchase extra disk space in 100 MB blocks for $5 If you need more than your allocated amount of bandwidth you may purchase extra bandwidth in 1 GIG blocks for $5 per GIG.

E-Mail

Commercial advertisements with e-mail unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation.

Commercial advertisements are not welcomed in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.

Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium.

Chat Rooms

We do not allow clients to install their own chat rooms, without approving it with the WHP support team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others. Note: Parachat chat rooms do not apply to this rule. They are perfectly fine to install.

Background Running Programs

We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

IRC

We currently do not allow IRC or IRC bots to be operated on our servers.

Payment Policies

All accounts are set up on a pre-pay basis. All pricing is guaranteed for the term of pre-payment. WHP 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. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies WHP in writing for a request for termination of services. All payment is in U.S. currency.

Cancellation

WHP reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by WHP if WHP institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.).

Customers can cancel service any time by sending email to support@urwebhost.com WHP would welcome a reason for cancellation, however this is not necessarily required. Refunds will be honored within three weeks and any unused portion of your payment will be credited back to your credit card. Please note that refunds for money wires and / or check or money orders will not be honored as they are not applicable.

Lawful Purpose

WHP reserves the right to refuse service to anyone. Customers may only use WHP Host server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. WHP expressly forbids anyone from using WHP servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, adult materials, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of WHP management.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold WHP harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against WHP, 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 customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless WHP against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with WHP servers; (2) any material supplied by 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 WHP server.

Disclaimer

WHP will not be responsible for any damages your business may suffer. WHP makes no warranties of any kind, expressed or implied for services we provide. WHP 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 WHP and its employees. WHP reserves the right to revise its policies at any time.

All Sub-Networks, resellers and dedicated servers of WHP and / or urWebHost.com must adhere to the above policies.

Failure to follow any term or condition will be grounds for immediate account deactivation.

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