Acceptable Use Policy

This document establishes operating principles and acceptable use policies as they relate to the Customer’s use of the Internet and the services provided by DPE, Inc. to the Customer. Always remember that you are either sharing the same machine, or the same network segment, or both with many other people. Anyone hogging shared resources will be invited to leave and kicked off if neccessary. Be polite and respect others, and you are free to experiment with almost anything you like.

Lawful Use

Webquarry’s servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. 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: hacker programs and/or archives, pirated software, “Phishing” sites, Warez, MP3s, and IRC bots.

Limited Warranty

THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” WEBQUARRY AND ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “WEBQUARRY PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. THE WEBQUARRY PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. THE WEBQUARRY PARTIES ARE NOT LIABLE, AND EXPRESSLY DISCLAIM ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM SUBSCRIBERS OR STORED BY SUBSCRIBERS ON OR THROUGH THE SERVICES. NO ADVICE OR INFORMATION GIVEN BY WEBQUARRY OR WEBQUARRY REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. WEBQUARRY DOES NOT GUARANTEE THAT SUBSCRIBERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. WEBQUARRY DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR WEBQUARRY IN PARTICULAR. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

Limitation of Liability

WEBQUARRY SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT WILL THE WEBQUARRY PARTIES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY SUBSCRIBER CONTENT, SUBSCRIBER WEBSITE OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF WEBQUARRY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WEBQUARRY’S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO WEBQUARRY FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, WEBQUARRY’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Account Security

Customer agrees to keep their account usernames and password secret and secure. They further agree to keep up with any and all updates of scripts that are installed on their site. Customer agrees to keep their own computers and networks free of any viruses, keyloggers, trojans, etc. Since the breach of any customer account could be used to attack webquarry’s servers or other webquarry customer accounts, any such breach in customer security will cause your webquarry account to be suspended without warning as soon as we are aware of the issue. Customer’s account will not be reinstated until webquarry is satisfied that customer has taken reasonable and appropriate steps to patch up their security holes. Customer agrees that webquarry will not be held responsible for their inability to use their account during the time that it is suspended or for any other reason.

Adult Content

We forbid the serving of adult-related material of any nature. This includes providing links to adult sites or to any of the “Adult Check” style password protected sites. Adult sites require more system resources than we are willing to devote to any one client. Check the search engines and you will find many other services that will welcome your business.

Non-Stop Bandwidth

Webquarry provides Non-Stop Bandwidth to all qualified shared hosting account customers. To qualify your website must meet the following requirements:

* 80% or more of your file’s files must be linked from an HTML or equivalent web page that is publicly accessible from your domain.
* Your domain is on our nameservers
* Your website consists mostly of web pages, and images used on those pages.
* Your website is NOT adult in nature.
* Your website is NOT primarily designed to provide files for download.

If your website meets any of the following criteria, it is NOT qualified for Non-Stop Bandwidth and will have a bandwidth limit of 50 GB/month for Silver, 75 GB/month for Gold and 100 GB/month for Platinum:

* Your website is a download website (designed primarily to provide files for download by visitors.
* Over 80% of your bandwidth is used for video, audio and/or flash files.
* Your site is an adult website.
* Your site is comprised of an image gallery only.
* Your website contains a message board as its primary ‘attraction’.
* You have a shopping cart that contains over 1500 items.

Non-Stop Bandwidth Increases

To prevent abuse all shared hosting accounts will start with the bandwidth limits outlined above. Once you have used 80% of your bandwidth, open a help ticket and request an increase. At that time, we will verify the type of account you are on and insure that you are qualified for Non-Stop Bandwidth. If we, in our sole discretion, determine that your site is qualified, we will add another increment to your bandwidth limit. Should you reach 80% of the new limit, you may request another increase. There is no limit to the number of increases you may request and be granted.

Acceptable Form of Payment

While we welcome Non-U.S. accounts, we must insist on receiving payment in US funds drawn on US banks. We currently accept, checks, visa, mastercard, amex and discover.

Refund/Exchange Policy

All domain registrations, ssl certificates and programming fees are final. We do offer a 30 day return policy on new hosting accounts.

Account Cancellation

All hosting account are due and payable on the first of each month and will be billed/charged accordingly until the client contacts us by phone or email and cancels the account. When cancelling an account you will be asked to verify the last four digits of the credit card that we have on file. Merely opening a hosting account at another host does NOT close your account here and you agree to pay any and all hosting fees until the date that you contact us and close your account here.

Collections & Late Fees

Accounts more than 30 days delinquent may be charged a late fee. Further delinquency may result in the account being turned over for collections and a collection fee may be added.

Email Storage

Disk space is designed primarlily for storage of client’s website and it’s related files. Limited disk space is made available for email accounts as well but clients are not to store massive amounts of old email on the server. Large numbers of old emails bog the server down and waste disk space. Client may be warned if overly large maiboxes are discovered. If clients need to archive large amounts of old mail, they are to do it on their local machines or use an outsourced email service such as Google Apps or Office 365. Mail older than six months is subject to being purged as needed without warning. Under no circumstances will we make more the 1Gb available per mailbox.

Spam

Customers of Webquarry may not use, or permit others to use, the Webquarry network to send unsolicited email. Customers of Webquarry may not host, or permit hosting of, sites or information that is advertised by unsolicited email, usenet postings, IRC, etc. from other networks. Customers of Webquarry may not use, or permit others to use, the Webquarry network to advertise products that promote bulk (spam) mailing.

Backups

Webquarry keeps backups of files strictly for our own disaster recovery purposes. We do not keep backups to ensure or warrant the integrity of customer’s files. You are responsible for making and maintaining your own backups. Your backups should be stored on locations other than our servers to avoid having all your eggs in one basket. We are happy to help you recover any files that we may have in our backups at an hourly rate should such files be present in our backups. We back up specific directories of our servers, not the entire machine.

Cron Jobs

Customers may schedule jobs to be run at later times via either “cron” or “at”. These are to be done sparingly and under no circumstances may a process be run more frequently than every 10 minutes.

Please contact us if you have any questions about something out of the ordinary that you are planning to do with your site. We try to accommodate everyone in any way that we can without jeopardizing the rest of our users. RAM and cpu cycles are shared resources and are to be treated as such by all clients. Excessive use of any shared resource must be dealt with in order to prevent negatively impacting other users on that machine. At our discretion, we may offer the offender a different server, help them with their coding or remove their account if no resolution can be reached.

Except as allowed by reseller accounts, customers may not resell or make available to others Webquarry’s services including, but not limited to mail forwarding capabilities, POP accounts, autoresponders and proxy services. The customer may not at any time resell access to, or use of the Webquarry’s pre-installed scripts including, but not limited to cgiemail as well as any custom or personally owned scripts for use by a third party while installed on the web server.

Webquarry’s servers are for hosting client’s website and related files only. It is not to be used for storage and retrieval of images, sound files, movie files, etc. that are not linked to and called from the client’s website. Violation will get your website cut off until the problem is corrected and continued violations will get your account cancelled.

Customers will avoid violation of certain generally accepted guidelines on Internet usage such as restrictions on mass mailings and mass advertisements, pirating or copying of software, mail bombing or other methods of attempting to deny service or access to other users and attempts to violate security.

Customers will ensure that its use of the Internet complies with all applicable federal, state and local law and regulation, including but not limited to those principles of law which protect against compromise of copyrights, trade secrets, proprietary information and other intellectual property rights, liable or defamation of character, invasion of privacy, tortious interference and export of technical or military data to prohibited countries.

Customers are required to protect the security of its Internet account and usage. The Customer’s password will be treated as private and confidential and not be disclosed to or shared with any third parties.

Violation of any of these policies will result in your account being closed without notice.