Webhosting Usage Policy

This usage policy is binding for all our email, webhosting and colocation customers. Stauber Multimedia Design (d.b.a. "SOLARSPEED.NET") usage policy has been developed with the following objectives: Ensure security, reliability and privacy of SOLARSPEED.NET's systems and network, and the networks and systems of others Maintain the image and reputation of SOLARSPEED.NET as a responsible provider Preserve the value of Internet resources as a conduit for free expression Encourage the responsible use of net resources and discourage practices which degrade the usability of network resources and thus the value of Internet services Avoid situations that may cause SOLARSPEED.NET to incur civil liability Preserve the privacy and security of individual users We expect our Customers to use the Internet with courtesy and responsibility and to be familiar with and to practice good Internet etiquette. By adhering to the following policies, our customers are protecting the rights and privileges of all Internet users. Terms of Service 1. Subject to the terms and conditions of this Agreement, SOLARSPEED.NET will provide to Customer the Web hosting and/or related services described in the plan selected by Customer from SOLARSPEED.NET's then published list of services as offered from time to time ("Services"). The specific plan of Services to be provided initially to Customer shall be as selected in the Order and thereafter as established through correspondence between Customer and SOLARSPEED.NET. 2. The initial term of this Agreement shall be as stated in the Order ("Initial Term"). The Initial Term shall begin upon commencement of Service to Customer, provided, however, no Service shall commence unless and until SOLARSPEED.NET receives and accepts a completed Order from Customer, plus payment in full for Services to be rendered during the Initial Term and any setup charges. SOLARSPEED.NET reserves the right to reject any submitted Order for any or no reason prior to written acceptance thereof by SOLARSPEED.NET. After the Initial Term, unless otherwise agreed to by the parties, this Agreement shall automatically renew for successive terms of equal length as the Initial Term unless terminated or canceled by either party only as provided in Paragraph 9 below. The Initial Term plus all successive renewal periods during which Service is provided shall be collectively referred to as the "Term". Term of service will usually be one calender month unless SOLARSPEED.NET and customer agree upon a different term of service. 3. Email filtering: Solarspeed.net uses state of the art SPAM- and Virus-Filters to detect and reject emails which contain virii and SPAM. This means that a great share of malicious emails will never reach our mailservers or the individual mailboxes. According to German laws we hereby inform our customers about this procedure and expect them to fully consent with our filtering practice. Customers shall not hold us liable for the suppresion or rejection of emails which our automated SPAM- and/or Virus-filters deem as unwanted.   FEES AND PAYMENT 1. All fees for Services rendered or provided to Customer shall be in accordance with SOLARSPEED.NET's fee schedule then in effect, the terms of which are incorporated herein by reference. SOLARSPEED.NET may, with 30 days notice to Customer, amend the Services and/or the rates and fees it charges for the Services. Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period. Customer will receive an invoice for the charges for the basic Services rendered or provided by SOLARSPEED.NET for such renewal period, plus any additional Services rendered or provided by SOLARSPEED.NET to Customer for the preceding month of the Term, and any other charges or fees then due hereunder. Payment in full of such invoiced amount is due upon receipt of the invoice. Should payment in full of any invoice not be received by SOLARSPEED.NET within thirty (30) days after date of invoice, SOLARSPEED.NET may impose a debt service charge equal to one and one-half percent (1.5%) of the overdue balance (or such lesser amount as may be required by law) for each month or fraction thereof the overdue amount remains unpaid. In addition, in the event that any amount due SOLARSPEED.NET remains unpaid thirty (30) days after presentation of an invoice to Customer, SOLARSPEED.NET, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services. All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of SOLARSPEED.NET) shall be paid by Customer.   REFUNDS 1. If you are unsatisfied with any of the services and/or goods received through Solarspeed.net, then please don't hesitate to contact us. We will then work together with you to provide you with services and/or goods that meet your expectations. Customer satisfaction is more important to us than raw sales figures. If we fail in a timely manner to provide you with services and/or goods which meed your expectations, then you are eligible for a partial or full refund. Refunds will be given at the discretion of the Solarspeed.net management or when required by applicable laws.   WARRANTY 1. Customer agrees to use all SOLARSPEED.NET's Services and facilities, and any information obtained through or from SOLARSPEED.NET, at Customer's own risk. Customer acknowledges and understands that neither SOLARSPEED.NET, nor any of its employees, representatives, agents or the like, warrant that the Services offered or provided hereunder will be uninterrupted or error free, nor do they make any warranty or representation as to the results that may be obtained from the use of the Service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Service, unless otherwise expressly stated in this Agreement. SOLARSPEED.NET specifically disclaims all warranties of any kind, including, without limitation, the warranties of title, merchantability, and fitness for a particular purpose, whether expressed or implied, for the Service it is offering or providing hereunder. VIOLATION OF ANY OF THE FOLLOWING POLICIES IS STRICTLY PROHIBITED AND WILL RESULT IN IMMEDIATE TERMINATION OF ALL ACCOUNTS. General Conduct 1. Customers are prohibited from transmitting on or through any of SOLARSPEED.NET's services, any material that is, in SOLARSPEED.NET's sole discretion, unlawful, threatening, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, statute or regulation. 2. SOLARSPEED.NET's services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States, Federal Republic of Germany or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. SOLARSPEED.NET reserves the right to remove such illegal material from its servers. 3. Customers may not engage in tortious conduct including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or making physical threats against another person via email, news, or any other electronic media/service we provide. 4. The Customer is responsible for providing and maintaining accurate and up-to-date billing information. Furnishing false data on the signup form, contract, or online application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability. System and Network Usage Security 1. Customers may not attempt to circumvent user authentication or security of any host, network, or account ("cracking"). This includes, but is not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorized to access, or probing the security of other networks. 2. Customers may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host. 3. Customers may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet. 4. Customers must safeguard their account passwords to prevent unauthorized access to their account. 5. Users who violate systems or network security may incur criminal or civil liability. SOLARSPEED.NET will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Email 1. Harassment, whether through language, frequency, or size of messages, is prohibited. 2. Customers may not send email to any person who does not wish to receive it. If a recipient asks to stop receiving email, the Customer must not send that person any further email. 3. Customers are explicitly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it. 4. Customers may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings. 5. Malicious email, including but not limited to "mailbombing" (flooding a user or site with very large or numerous pieces of email) and "trolling" (posting outrageous messages to generate numerous responses) is prohibited. 6. Forging of header or any other information is not permitted. 7. Subscribing someone else to a mail list or removing someone else from a mail list without that person's permission is prohibited. 8. SOLARSPEED.NET accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Usage Policy or the usage policy of that other provider. 9. These rules apply to other types of Internet-based distribution mediums as well, such as RLG's Ariel system (a system for sending FAX-like documents over the Internet). NOTE: SOLARSPEED.NET operates under a strict one-warning policy regarding unsolicited e-mail, unless the violation is of such nature that the account, in our sole discretion requires immediate termination, in which event service will be immediately terminated. General Uses 1. Customers may not permit the use of mail services, mail forwarding capabilities, POP accounts, or auto-responders other than for the Customer's own account. 2. Customers may not employ posts or programs that consume excessive CPU time or storage space. SOLARSPEED.NET reserves the right to kill off CPU intensive processes. 3. Customers may not run any IRC-bots and/or IRC-services off our server, nor may they run proxy services which allow anonymous connectivity with remote servers and services in the internet. Material and Product Requirements 1. Customers must ensure that all material and data placed on SOLARSPEED.NET's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation on SOLARSPEED.NET's part. We shall make no effort to validate this information for content, correctness or usability. In the event that the Customer's material is not "server-ready", we have the option at any time to reject this material and remove it from our servers or disable it from being activated. SOLARSPEED.NET will notify the Customer immediately of its refusal of the material and afford the Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of SOLARSPEED.NET. 2. Use of SOLARSPEED.NET's 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 Customer's Web space. Customers must have the necessary knowledge to create and maintain a Web space. It is not the responsibility of SOLARSPEED.NET to provide this knowledge or customer support outside of the service defined in the Service Agreement. Privacy 1. SOLARSPEED.NET will not sell or knowingly disclose its customer lists or customer email or listserv address lists. We will attempt to protect the privacy of our Customers and their information that is stored on our network. SOLARSPEED.NET will only access and disclose information as necessary to comply with applicable laws and government requests, to operate and maintain our systems and services, or to protect ourselves or our Customers. 2. SOLARSPEED.NET will not monitor or disclose a Customer's private email messages unless required by court order or law. We will cooperate with the authorities and will notify such authorities if it suspects that a Customer is engaged in illegal activities. THE USAGE POLICY DEFINES THE ACTIONS WHICH SOLARSPEED.NET CONSIDERS TO BE ABUSIVE, AND THUS, STRICTLY PROHIBITED. THE EXAMPLES SET FORTH IN THIS POLICY ARE NON-EXCLUSIVE, AND ARE PROVIDED SOLELY FOR GUIDANCE TO SOLARSPEED.NET'S CUSTOMERS. If you are unsure whether any contemplated use or activity is prohibited, please send e-mail to our services and support department and we will assist you. Please note that the activities set forth above are also not permitted from other Internet Service Providers on behalf of, or to advertise, any service hosted by SOLARSPEED.NET, or connected via our network. Furthermore, such services may not be advertised via deceptive marketing policies, as defined by the Federal Trade Commission Deception Policy Statement and the similar German marketing policies and laws. SOLARSPEED.NET must further limit any exceptions made to the Usage Policy as secondary in regards to server and network security, performance and integrity. Any user, regardless of exception status, may have his or her service disabled if it is interfering with our servers or network. Specific questions about this policy should be sent via e-mail. Reports of activity in violation of this policy may be sent to this address.