TOS Contact
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LEGAL
Crystalserver's Terms of Service (TOS) is an agreement under which Crystalserver and it's
users agree upon before using it's service. Crystalserver is committed to providing a high
level of service. This agreement helps us protect and deliver those service levels. Violations
of this TOS may result in account suspension or termination.
Our Advanced Network for Your Business
By using Crystal Server's service, Customer hereby agrees to Crystal Server's Terms of Service (TOS),
Acceptable Use Policy (AUP), No Spam Policy (NSP), and Privacy Policy.
Unless otherwise specified, the usage of "us", "we", "our",
and "ours" shall refer to Crystal Server, a Canadian Company, and all its parents,
subsidiaries, successors, and assigns. The usage of "you", "your",
"they", and "them" shall refer to the Customer of Crystal Server.
Moreover, "Crystal Server" shall refer to Crystal Server, a Canadian Company, and
all its parents, subsidiaries, successors, and assigns; unless otherwise specified.
Customer agrees that it shall comply with this TOS, Crystal Server's Acceptable Use
Policy (AUP), and Crystal Server's No-Spam Policy (NSP). Customer further agrees
that it has read Crystal Server's Privacy Policy and agrees to all the terms
and conditions in the Privacy Policy. In this document, the word "Agreement," with
a capital "A," refers to the TOS, the AUP, the NSP, and the Privacy Policy collectively.
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In consideration of services to be delivered,
Customer agrees to be bound by the following terms and conditions: |
| General Terms. |
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Customer agrees to pay, in advance of service term, for services to be rendered.
Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes that may
require Customer to order Crystal Server's service for a certain minimum period of time.
Refund requests for shared and reseller accounts are limited to the initial 7 day period as per our money back guarantee.
Customer agrees to a no-refund policy on all dedicated servers, vps, and prepaid plans. Setup fees and monthly service fees are non-refundable. Customers
agree to pay all taxes applicable to your account.
Non-Payment of services shall result in a 5-day notice of disconnection.
All payment failures must be cured within 5 business days from invoice due date or account will be suspended.
Account termination will result from invoices overdue for 15 days. Crystal Server is not and shall not responsible for data integrity for any
accounts that are terminated, disconnected, or interrupted because of Customer's failure to pay for Crystal Server's services.
By entering this Agreement, you consent to receive notices by e-mail. You are solely responsible for ensuring that Crystal Server
has your most current e-mail address, and Crystal Server shall not be responsible for any lost, misdirected, bounced, forwarded,
or undeliverable e-mail that Crystal Server sends to the most current e-mail address you have provided to Crystal Server.
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| Agreement for Services. |
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Crystal Server will provide, and Customer will purchase and pay for, the
services (the "Services"), according to the service fees specified in the Order for the applicable
Service Description. Customer acknowledges that the service, and service fees have been communicated to the
Customer, and that Customer is aware of all applicable charges as per the Agreement. Customer also
understands that no promotional offers will apply to their individual service unless said promotional offers are specified in this Agreement. |
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| Payment. |
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Establishment and provision of service is contingent upon receipt
of payment from Customer to Crystal Server. Customer must pay in full for the Services before Crystal Server
begins to provide the Services to Customer. Setup fees will be charged and are due at the time of the
Customer's initial request of the Services requiring setup.
Invoices are generated 5 days before renewal and customer agree that if paying by
credit card, recurring billing will be billed and charged automatically on the date the invoice is generated
and that Crystal Server may apply the amount due at any time to the credit card listed on file. Payment is due
on the defined monthly recurring billing date of each month. All returned checks will be charged a $20.00 service fee.
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time.
Crystal Server reserves the right to bill your credit card or information on file. We are not responsible for any fees
accessed on the client by their bank as a result of the client's account being invoiced. Invoices not paid by due
date are subject to a late fee of $7.50 (seven dollars and fifty cent USD) plus 10% (ten percent) interest of the past due amount.
Service will be interrupted on accounts that reach 5 days past due.
Accounts that are not collectable by Crystal Server will be turned over to an outside agency for collection.
If your account is turned over for collection, you agree to pay to Crystal Server a "Processing and Collection" Fee
of not less than Fifty ($50.00) Dollars. Any dispute to a credit card charge aka chargeback, wrongful or intentional, will
result in a $50 administrative fee in addition to the disputed charge before service can be restored. We may request
payment in cashiers check or money order before restoring service.
Crystal Server may temporarily deny service or terminate this Agreement
upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility
for the payment of all accrued service fees, and any collection fees to which Crystal Server may be entitled under this
Agreement or under applicable law.
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| Cancellation. |
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Customers may voluntarily cancel their account at any time,
for any reason or for no reason, by filling out the "Cancellation Request Form" which is provided on
the Crystal Server Web site through the client dashboard. Paypal
paying customers cancelling their paypal subscription payment does not warrant cancellation of service.
All cancellations must go through the cancellation form.
Once a Customer has cancelled their account before the renewal date, no more charges will be billed to the account.
Cancellations on or after renewal will be charged renewal fees.
Customer understands and agrees that Crystal Server does not provide pro-rated or any other kinds of refunds on cancellations.
All fees Customer has paid shall be nonrefundable. |
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| Refunds and Disputes. |
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IMPORTANT NOTICE: EXCEPT AS EXPLICITLY PROVIDED IN THIS SECTION 6,
ALL PAYMENTS TO Crystal Server ARE NONREFUNDABLE.
All payments to Crystal Server are nonrefundable. This includes any setup fees and monthly fees regardless of usage.
All billing disputes must be reported within seven (7) days of the time the dispute occurred.
Disputed charges to your credit card issuer, also known as chargebacks, which, in Crystal Server's sole discretion,
are invalid under the terms and conditions of this Agreement, will result in service interruption,
and reconnection fees to restore the desired service. Any dispute to a credit card charge aka chargeback, wrongful or intentional, will
result in a $50 administrative fee in addition to the disputed charge before service can be restored. We may request
payment in cashiers check or money order before restoring service.
Without waiving any of its other rights under this Agreement, Crystal Server offers to its Customers a 7-day money-back
guarantee on fees for hosting services only (the "7-Day Guarantee"). If for any reason you
cancel your account by filling in the account cancellation form and submitting it to Crystal Server, within Seven (7) days
of the beginning of your service, Crystal Server will refund your money with no questions asked; provided, however,
that you have never previously obtained a refund under the 7-Day Guarantee. If you have ever previously obtained
a refund under the 7-Day Guarantee, your account will be canceled, but no money will be refunded to you.
Please note that the amount refunded to you will be the amount you paid for hosting services only, and
will not include any of the following fees:
- Setup fees,
- Fees for domain name registrations,
- Fees charged for exceeding your allotted disk storage space or bandwidth,
- SSL certificate fees,
- Administrative or support fees,
- Web site marketing fees,
- Any add-on services, features, software, and
- Any other fees for services involving a third party.
The 7-Day Guarantee is subject to all of the following limitations:
- You are entitled to a maximum of one (1) 7-Day Guarantee minus administration fees $35.
- If you do not cancel your account within thirty (7) days of the beginning of your service,
your right to the 7-Day Guarantee shall expire forever and may not be revived under any circumstances.
- You may not transfer or assign the 7-Day Guarantee to any third party.
- You agree that you will not circumvent the restrictions on the 7-Day Guarantee described
in this document, or attempt to circumvent those restrictions by any means, including, but not limited to, the following actions:
- Creating multiple accounts, using the same customer name or different customer names;
- Canceling your account for the sole purpose of obtaining a refund and then registering for a new account;
- Organizing multiple business entities or using assumed business names for the purpose of circumventing these restrictions;
- Knowingly providing false or misleading information when you register for your account; or
- Requesting a refund under the 7-Day Guarantee at any time after you have already received a refund under that guarantee.
- If you violate any provision of any of the policies of Crystal Server, you will not be eligible for the 30-Day Guarantee.
Changes to your service, including, but not limited to, adding new services, removing services, or changing the type
of hosting plan you have do NOT make you eligible for an additional 7-Day Guarantee. The 7-Day Guarantee applies
to your first order of services from Crystal Server and does not apply to any changes to your service at any time. |
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| Backups. |
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In order to allow us to provide the best service to you,
Crystal Server accounts are backed up daily as a courtesy. However, these backups are intended for Crystal Server's
administrative purposes only, for emergency situations, to allow us to provide excellent service to our customers.
As part of its commitment to first-rate customer service, Crystal Server always seeks to create complete and accurate
backups of customer accounts. Even the best and most complete and redundant backup systems can and do fail for a variety of reasons,
despite the best efforts of the Web hosting service. THEREFORE, Crystal Server DOES NOT GUARANTEE THE AVAILABILITY, COMPLETENESS,
CURRENCY, OR INTEGRITY OF THESE BACKUPS OR THE DATA THEY CONTAIN. Consequently, you must not rely upon the availability,
completeness, currency, or integrity of these backups. Customers are responsible for maintaining their own backups on their own personal computers or other computers.
Crystal Server does not provide any sort of compensation for lost, inaccurate, incomplete, corrupt, non-existant, or outdated data in the event that
Crystal Server's backups do not function properly, regardless of the reason(s) for any such malfunction, even if the malfunction was due
to the fault or negligence of Crystal Server or any of its employees or agents. You understand and agree that Crystal Server's backup policy does
not create any warranties for whose breach Crystal Server can be held liable.
If we do have backups available for your files that you need restored, and if we have the ability
and time to restore the file(s), there will be a $15 fee for restoring the files. We are not
responsible for lost data, time, income or any other resource due to faulty backups or non-existent back-ups.
Backup restoration is NOT a fast process. Due to the volume of data being stored,
compression, and network file transfers, decompression, restoration, integrity checks, and other
variables, the restoration process of large nodes can sometimes take several days.
We highly encourage everyone to purchase their own separate managed backups from one
of our backup plans if your site or data is critical to your business or livelihood.
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the Acceptable Use Policy, or |
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| Uptime and Credit |
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Definitions.
"Network Uptime" is the total time in a calendar month that the Crystal Server network is available
through the Internet, provided that Customer has established connectivity. Crystal Server takes responsibility for network
availability within its network, except when such network outages are excluded by this SLA ; however, Crystal Server shall
not be liable for any upstream problems outside of its network. Crystal Server's guarantee is that its network will
be available to Customer free of Network Outages, that render 100% packet loss, 100% of each calendar month
"Network Outage" is any unplanned or unscheduled
interruption in availability during which Customer is unable to access the network as described in the section titled
"Network Uptime" above.
- A "Network Outage" is defined as a period in which 100% packet loss to
Crystal Server's network is experienced, which is determined to have been caused by a problem in
Crystal Server's Network as confirmed by Crystal Server. Downtime and outages are measured as the total
length of time of the unplanned interruption in service availability in a calendar month.
- "Scheduled Downtime" is any Crystal Server scheduled interruption of Services,
for the purpose of network upgrades, or replacement of any equipment in order to provide for you better
service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible.
"SLA Network Violation Credit" occurs when Crystal Server's network uptime guarantee is not met.
As stated in paragraph above, Crystal Server guarantees 100% uptime. Network downtime is measured from the time the network is
100% unreachable, until service is once again restored. In order to request a credit, you must e-mail us
at: billing@Crystal Server.com within seven (7) days after the
last day of the calendar month in which the downtime occurred. (For example, if the downtime occurs during the month
of December, Crystal Server must receive your e-mail between January 1 and January 7. E-mail notifications that are not
sent within the first seven (7) days of the month immediately following the downtime will not be eligible for credits.
The amount of the credits is based on the amount of Network Uptime the Crystal Server network has provided for the month
in which a credit is requested. If network downtime occurs the customer will be credited 10x (1000%) of the downtime as
recorded by the support ticket and confirmed problem to the resolution, up to 100% of the customer's monthly fee. If
the network is out for 1 hour, we will credit you 10 hours of downtime. In this instance we divide your monthly payment
by days of the month, divided by 24hrs a day to find an hour rate.Crystal Server will review claims of SLA violations during
normal business hours of the first through seventh day of the month, and will apply any applicable credit to
Customer's account after Crystal Server receives Customer's credit request.
Crystal Server shall not be liable to reimburse in any form for failure to meet any of the guaranteed service level
where such failure arises from any one or more of the following:
- Scheduled downtime, maintenance, or upgrades
- Maintenance by service providers on circuits between Crystal Server and the clients' Web sites;
- Software maintenance or outage
- Emergency maintenance or upgrades, where such maintenance or upgrades are required by the
occurrence of any events outside of Crystal Server's control;
- Problems outside of Crystal Server's network (upstream providers, or client's inbound connection)
- Interruptions or failures of individual service or software on a given server.
- Any outage or interruption caused by Customer, Customers software, Customer's agents or employees, Customer's clients,
or other third parties, to Customer's service.
- Customer's abuse or over-utilization of resources
- Outages elsewhere on the Internet that hinder access to your account or services.
- Disconnection and / or reconnection of the services due to non-payment of any charges payable to
Crystal Server or where the services are disconnected by reason of it being used for any illegal, unlawful, or
other objectionable purpose described in the TOS, AUP, or No-Spam Policy.
- Circumstances beyond Crystal Server's reasonable control and force major events including but not limited to
catastrophic incidents, vandalism, lightning, power failure, fire, flood, earthquake, acts of God, emergency,
acts of any governmental body, war, insurrection, sabotage, terrorism, embargo, riots, curfew,
strike or other labor disturbance, industrial disputes, interruption of or delay in transportation, unavailability
of or interruption or delay in telecommunications or third-party services, virus attacks, worms, Trojans, spyware,
adware or other malware, failure of third-party software (including, without limitation, e-commerce software,
payment gateways, chat, statistics, or free scripts) or inability to obtain raw materials, supplies, or power
used in or equipment needed for provision of this SLA;
The total amount credited to the Customer in a particular month under this SLA shall not exceed the total
hosting fee paid by the Customer for such month for the affected service. Credits are exclusive of any
applicable taxes charged to the Customer or collected by Crystal Server and are the Customer's sole
and exclusive remedy with respect to any failure or deficiency in service or in the availability of the Customer's Web sites.
You and Crystal Server agree that only measurements carried out by Crystal Server's personnel shall be used for
the calculation of unavailable time and Crystal Server's records shall be conclusive evidence of that
unavailable time. No 3rd party reporting sites or tools will be valid for the purpose of determining uptime or credit.
This SLA shall not apply during any trial or free period of the services, and this SLA does not come into effect
until after the end of the first month of the applicable services has been provided. The SLA shall apply
during the normal initial period during which the Customer is available for Crystal Server's 30-day money-back
guarantee.
This SLA does not relieve the Customer from the obligation to pay the Customer's balance in full when it is due.
SLA credits are always applied within two billing cycles after the month in which the downtime eligible for SLA credit occurs.
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| Copyright |
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NOTHING IN THESE INSTRUCTIONS OR ON THIS SITE CONSTITUTES EITHER CONSENT OR AN AGREEMENT BY Crystal Server,
ITS REPRESENTATIVES, ATTORNEYS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS TO ACT ON YOUR BEHALF.
THESE ARE COMPLEX LEGAL ISSUES, AND Crystal Server, RECOMMENDS THAT YOUR RETAIN YOUR OWN LEGAL COUNSEL TO DEAL WITH THESE MATTERS.
Crystal Server, respects the intellectual property of others, and we ask our customers to do the same. If you believe that your
copyrighted work has been copied and is accessible on any site for which Crystal Server, provides services, in a way that
constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:
1. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
2. A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
3. Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL
of the Web site where it is posted or the name of the book in which it has been published.
4. A copy of the copyright registration, or other suitable proof of ownership, for the material you believe is being infringed.
5. A description of the manner in which your copyright is being infringed.
6. Identification of the URL or other specific location on the site where the material that you claim is infringing is located;
you must include enough information to allow us to locate the material. Crystal Server, Inc. will not search for the allegedly
infringing copy; you must identify it specifically.
7. Your full legal name, complete postal mailing address, area code and telephone number, and e-mail address.
8. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
9. A statement by you, made under penalty of perjury, that all of the above information in your Notice is accurate and that you are
the copyright owner or are authorized to act on the copyright owner's behalf.
Our agent for notice of claims of copyright infringement can be reached by contacting abuse@Crystal Server.com
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| Indemnification |
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Customer agrees to defend, indemnify, and hold
harmless Crystal Server, and the parents, subsidiaries, successors, assigns, employees and
agents of Crystal Server against any losses, claims, damages, liabilities, penalties,
actions, proceedings or judgments (collectively, "Losses") to which an
indemnified party may become subject and which Losses arise out of, or relate to this
Agreement or Customer's use of the Services, and to reimburse an indemnified
party for all legal and other expenses, including reasonable attorneys' fees
incurred by such indemnified party in connection with investigating, defending, or
settling any Loss whether or not in connection with pending or threatened litigation
in which such indemnified party is a party.
Crystal Server SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF
PROFITS, LOSS OF REVENUE, LOSS OF USE, OR LOSS OF DATA RESULTING FROM THE USE OF Crystal Server'S
SERVICES BY CUSTOMER OR ANY THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, OR
ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS.
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| Disclaimer |
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TO THE MAXIMUM EXTENT PERMITTED BY LAW, Crystal Server DISCLAIMS,
ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE
INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE, THE SYSTEMS WHICH PROVIDE IT, AND THE INTERNET,
INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.
Crystal Server PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS
OR IMPLIED. Crystal Server DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS,
AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE
SELECTION, USE, AND SUITABILITY OF THE SERVICES AND Crystal Server SHALL HAVE NO LIABILITY THEREFOR.
Crystal Server DOES NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS, ACCURACY, OR USEFULNESS OF
ANY INFORMATION DISCLOSED OR MATERIALS ACCESSED THROUGH ITS SERVICES, ITS SYSTEMS, ITS NETWORKS, OR THE INTERNET.
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| Governing Law. |
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ANY CONTROVERSY OR CLAIM ARISING OUT OF
OR RELATING TO THIS CONTACT OR ANY BREACH THEREOF SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE
COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AND JUDGMENT UPON THE AWARD
RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.
By using any Crystal Server services, you agree to submit to binding arbitration.
The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause.
Each party agrees that any action arising out of or in connection with this Agreement shall be handled by an arbitrator of Crystal Server's choice.
The arbitrator's award is final and binding on all parties. You, the client, are also responsible for any and all costs related to such arbitration.
The language of this Agreement shall be deemed to be the result of negotiation among the parties and their respective counsel and shall
not be construed strictly for or against any party. Each party agrees that, whenever a party is requested to execute one or more documents
evidencing such consent, it shall do so immediately. |
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| Entire Agreement. |
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This Agreement, including all of its component parts, comprises the entire agreement
between you (the Customer) and Crystal Server, and supersedes any prior or previous agreements between you and Crystal Server with
respect to the subject matter of this Agreement; provided, however, that you agree that you shall be subject to any additional
terms and conditions of which Crystal Server notifies you from time to time, pursuant to this Agreement. This Agreement may not be modified orally. |
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| Assignment. |
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Customer shall not assign or attempt to assign its obligations under this
Agreement without Crystal Server's prior and express written consent to such assignment. Crystal Server may assign
any or all of its rights and obligations under this Agreement at any time without prior notice to or consent of Customer. |
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| Choice of Law. |
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For all purposes, this Agreement shall be deemed to have been made within
the State of Texas, United States of America. This Agreement shall be governed by the laws of the United States of
America and the laws of the State of Texas, without regard to Texas' choice of law and conflicts of law rules, and
Crystal Server and Customer each submit to the exclusive jurisdiction of the courts of Harris County, Texas, or to the
United States District Court for the Southern District of Texas, should any claim or question arise under Federal law or
federal jurisdiction based upon diversity of citizenship. |
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| Force Majeure. |
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Crystal Server shall not be liable or deemed to be in default for
any delay or failure in performance under this Agreement or interruption of service resulting directly or
indirectly from acts of God, civil or military authority, acts of public enemy, war, terrorism, riots, civil
disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor
disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions
of electrical power or other utility service, unavailability of any telecommunications or wireless service or
connection to any telecommunications or wireless service, or any cause. |
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| Severability of Terms of this Agreement. |
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In the event that any portion of this Agreement is held to be
unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible
to reflect the original intentions of the parties hereto, and the remainder of the provisions shall remain in full
force and effect. |
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Abuse of Staff or Personnel. |
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At Crystal Server, we take pride in providing excellent service to all of our
customers. It is our policy always to treat our customers with the highest level of respect and courtesy. In return, we
expect the same respect and courtesy from you.
If our staff feels that you are consistently engaging in abusive content toward them, or addressing
them in a demeaning or rude manner, your account(s) may be suspended and you may be asked to take your business
elsewhere. In the event that we terminate service for abusive conduct, there will be no refund. Abusive conduct includes,
but is not limited to, the following behaviors:
- Repeatedly addressing members of our staff in a demeaning or rude manner;
- Using profanity in any oral or written communications with our staff, by any medium of communication,
including but not limited to e-mail, instant messages, chat, text messaging, fax, postal mail, telephone,
voice over Internet Protocol (VoIP), or in-person communication;
- Yelling or shouting at our staff;
- Insulting our staff because of their personal characteristics, or on the basis of their race,
ethnicity, national origin, sex, sexual orientation, religion, or housing or economic status; or
- Deliberately providing false information to our staff for the purpose of harassing them or wasting their time.
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Customer agrees not to engage in any activity that violates any international,
foreign, federal, state, or local laws applicable to the service terms described in this Agreement. |
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Crystal Server reserves the right to discontinue service to any Customer it deems,
in its sole discretion, or if any Customer violates any condition of service or agreements. Crystal Server reserves the right to refuse
or discontinue service to anyone at our sole discretion. |
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These terms may be modified at any time without notice. We reserve the right to revise, amend, or modify this and our other policies
and agreements at any time and in any manner. All users are always subject to the newest terms posted here at all times.
It is the end users responsibility to be aware of the latest terms of service and other policies at all time. If any terms or
conditions are failed to be followed the account in question may be terminated.
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Acceptable Use of Policy
By submitting an online order form, or by using Crystal Server's service, Customer hereby agrees to the
following Acceptable Use Policy (AUP). Customer agrees that it shall comply with and require its
end users to comply with this AUP, Crystal Server's Terms of Service (TOS), Crystal Server's No-Spam
Policy (NSP), and Crystal Server's Privacy Policy. In this document, the word "Agreement," with a
capital "A," refers to the TOS, the AUP, the NSP, and the Privacy Policy collectively. |
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| 1. Introduction, Purpose, and General Terms. |
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1.1. |
This Web site gives you the ability to learn about Crystal Server and its products and services as well as the ability to access our network and services ("Crystal Server Services"). By using this site, and any other sites or services owned, operated, or provided by Crystal Server, you signify your agreement to the terms, conditions and notices of this policy. "You" when used in the Agreement shall mean the Crystal Server Customer of record and that Crystal Server Customer's end users. |
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1.2. |
This Acceptable Use Policy is used in conjunction with the terms of service (TOS), the No-Spam Policy (NSP), and the Privacy Policy. Violating any of these policies and agreements grants Crystal Server the authority to take action to restrict or terminate your access to Crystal Server Services. Crystal Server reserves the right, at its sole discretion, to update or revise this policy, any other policy or statement on any Crystal Server Web site, and any product offerings or programs described on any Crystal Server Web site. Please check back periodically to review any changes to this policy. |
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1.3. |
This document sets forth the principles, guidelines and requirements of the Acceptable Use Policy of Crystal Server ("Company") governing the use by the Customer ("Customer") of the Company's services and products ("Services and Products"). The purpose of Crystal Server's Acceptable Use Policy (the AUP") is to comply with all international, federal, state, and local laws and to protect the network security, network availability, physical security, Customer privacy, and other factors affecting the services provided by Crystal Server. Crystal Server reserves the right to impose reasonable rules and regulations regarding the use of its services provided to all Customers and such rules and regulations are subject to change. Such rules and regulations are located on the Internet at
http://www.crystalserver.com/wus.html |
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1.4. |
In order to maintain an informative and valuable service that meets the needs of the users of this site and Crystal Server Services, the rules in this AUP have been established to protect against abuse. The AUP is not an all-inclusive, exhaustive list and Crystal Server reserves the right to revise, amend, or modify the AUP at any time as needed, effective upon either the posting of the revised, amended, or modified AUP to
http://www.crystalserver.com/wus.html
or notification to the Customer via e-mail to the e-mail address of Customer as set forth in the Service Descriptions. |
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1.5. |
Any violation of the AUP may result in the suspension or termination of your account or such other action, as Crystal Server deems appropriate. No credits will be issued for any interruption in service resulting from violations of the AUP. |
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1.6. |
VIOLATION OF ANY SECTION OF THE AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM Crystal Server. |
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1.7. |
Any questions or comments regarding the AUP should be directed to Crystal Server by e-mail to the following e-mail address cs@crystalserver.com, for issues concerning the AUP. |
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| 2. General Prohibitions. |
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2.1. |
You may not use this site or Crystal Server's Services for any purpose that is unlawful or in any manner that could damage, disable, overburden or impair the operation of this site, the Crystal Server Network, or Crystal Server's Services, or any other party's use or enjoyment of this site, the Crystal Server Network, or Crystal Server's Services. |
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2.2. |
Adult Content Prohibited. |
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2.2.1. |
Adult-oriented sites demand special system, network, and bandwidth requirements. Crystal Server does not accommodate those extraordinarily large requirements in its standard shared, e-commerce, reseller, and semi-dedicated hosting plans. Therefore you may not use Crystal Server's services for adult-oriented and pornography sites. This includes sites that may include sexual content, or links to adult content elsewhere. |
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2.2.2. |
Where allowed by applicable law, Crystal Server does not prohibit you from posting a static Web page that meets all of the following criteria: |
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the page merely advertises an adult service and provides information about how to contact the service offline, i.e., by telephone, facsimile, or postal mail and not via a link from a Web site that uses Crystal Server's services; |
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the page does not display any sexually explicit content and does not link to any Web page or site displaying any sexually explicit content; and |
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the page does not require a user to log in with a username or password to access any of the Web site's content. |
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2.2.3. |
In some jurisdictions, even the notice and advertisement of adult-oriented services may be illegal. It is your sole responsibility to learn the laws that govern what you are and are not allowed to post on your Web site. As part of your agreement with Crystal Server, you must comply with all such applicable laws.
However, Crystal Server cannot and does not advise you or make any recommendations to you about the existence of any such laws in a particular jurisdiction. Nor does Crystal Server advise you about how to comply with any such laws. Furthermore, laws vary throughout the United States of America and all over the world, so you should contact your legal advisor for more information and specific recommendations concerning the kinds of online materials that are legal in your region. |
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2.2.4. |
If you use Crystal Server's service to publish any content that any applicable law deems "harmful," "inappropriate," or "unsuitable" for minors (persons under 18 years of age), then you must provide appropriate protection to prevent minors from accessing that content. Such protection is your sole responsibility because Crystal Server does not censor the content of your Web sites and pages. |
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2.2.5. |
If you have a reseller account with Crystal Server, you may not resell our hosting services to any clients or customers that sell adult content. |
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2.2.6. |
You may not use Crystal Server's services to sell or solicit sales for any of the following items, products or services because they are or may be illegal in one or more jurisdictions where Crystal Server's services are offered, or where they can be viewed through Crystal Server's services: |
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Online pornography or adult content for which a viewer must subscribe to access it, |
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Adult content-related products or services (including X-rated videos, pictures, etc. especially of individuals under 18 years of age), and |
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Obscene materials, as defined by law. |
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If we find any of your sites (or any of the sites of your customers, if you have a reseller account) to be selling any of the prohibited products or services, the offending accounts shall be subject to immediate account termination. |
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| 3. Compliance with Law. |
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| Customer shall not use Crystal Server's Service or any other service or network to post, upload, transmit, retransmit, store, distribute or facilitate the distribution of any content, including without limitation text, communications, software, images, sounds, data, or other information that, in Crystal Server's sole discretion: |
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3.1. |
violates, attempts to violate, or helps any third party to violate any local, state, federal, international, or non-United States law, ordinance, or regulation, |
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3.2. |
is threatening, obscene, indecent, pornographic, abusive, harassing, libelous, defamatory, deceptive, fraudulent, invasive of another's privacy, tortious, inaccurate, or that otherwise could adversely affect any individual, group or entity (collectively, "Persons"), |
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3.3. |
threatens or encourages bodily harm or destruction of property, |
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3.4. |
harms any person, |
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3.5. |
victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, sex, sexual orientation, race, ethnicity, national origin, immigration status, age, disability, or any other reason, |
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3.6. |
is posted in violation of a newsgroup charter, |
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3.7. |
contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer, |
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3.8. |
violates any terms or conditions of any other network access provider or Internet service provider, |
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3.9. |
violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" information content or data or other software products that are not appropriately licensed for use by Customer. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products, |
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3.10. |
adds, removes, or modifies identifying network header information in an effort to deceive or mislead any person. Additionally, attempting to impersonate any person by using forged headers or other identifying information is prohibited. However, the use of anonymous remailers or nicknames does not by itself constitute impersonation, unless such use is made with the intent to deceive, defraud, or mislead any person or to violate any applicable laws or regulations, |
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3.11. |
collects, attempts to collect, or helps any third party to collect personal information about third parties without their knowledge or consent or in a manner that violates applicable laws concerning privacy, |
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3.12. |
has a negative effect on Crystal Server or its network (including, without limitation, overloading servers on the Crystal Server Network; causing portions of the Crystal Server Network to be blocked by other network providers; generating unresolved third party complaints or complaints which, in the discretion of Crystal Server, impose an unreasonable administrative burden on Crystal Server; etc.), or |
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3.13 |
violates the prohibition on terrorist content and activities described below. |
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Terrorist Content Prohibited.
3.13.1. The United States Homeland Security Act of 2002 defines "terrorism" as
"any activity that-
(A) involves an act that-
(i) is dangerous to human life or potentially destructive of critical infrastructure or key resources; and
(ii) is a violation of the criminal laws of the United States or of any State or other subdivision of the United States ; and
(B) appears to be intended-
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by intimidation or coercion; or
(iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping."
(Pub. L. 107-296 (2002) - 2(15)).
3.13.2. You may not use Crystal Server's services to do
any of the following acts by any means:
3.13.2.1. engage in terrorism,
3.13.2.2. solicit any other individual or organization to engage in terrorism,
3.13.2.3. conspire with any other individual or organization to engage in terrorism,
3.13.2.4. help any other individual or organization to engage in terrorism, or
3.13.2.5. knowingly engage in commerce with any of the following individuals or organizations
3.13.2.5.1. those persons listed in the Annex to the Executive Order No. 13225 of President George W. Bush (September 25, 2001) (referred to in this AUP as "the Executive Order"), as it may be amended from time to time, a copy of which is available online at the following Web page:
http://www.ustreas.gov/offices/enforcement/ofac/legal/eo/13224.pdf
3.13.2.5.2. foreign persons that the Secretary of State of the United States of America has determined have committed or pose a significant risk of committing acts of terrorism against the United States or its people;
3.13.2.5.3. businesses and organizations that the Secretary of State of the United States of America has determined are owned, controlled by, or acting on behalf of terrorists or persons suspected of terrorism; and
3.13.2.5.4. persons whom the Secretary of the Treasury of the United States of America , in consultation with the Secretary of State and the Attorney General of the United States of America , has determined are:
3.13.2.5.4.1. helping terrorists or suspected terrorists by giving them money, material, or technology; or
3.13.2.5.4.2. associated otherwise with terrorists or suspected terrorists.
3.13 .2.5.5. transactions that avoid or attempt to avoid the prohibitions of the Executive Order; and
3.13 .2.5.6. conspiracies to violate the Executive Order;
3.13.2.6. knowingly engage in transactions or dealings in money, goods, or services with terrorists, suspected terrorists, or terrorist organizations; or
3.13.2.7. make donations to terrorists and suspected terrorists.
3.13.3. While Crystal Server is not giving you legal advice or a consulting recommendation about how to comply with this no-terrorism policy or with the applicable laws that prohibit terrorism in the United States of America or in other countries, you may find the following general strategies helpful in complying with these requirements.
3.13.3.1. Verify the identity of any person who wants to buy goods, services, or information through your Web site. This includes, but is not limited to, the resale of hosting services if you have a reseller account with Crystal Server.
3.13.3.2. Check the names of any persons or organizations attempting to buy from your Web site against the Annex in the Executive Order.
3.13.3.3. Work with the company that provides transaction payment and fraud-prevention services for your e-commerce Web sites. The provider may be able to automate the identity checking for you. |
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| 4. System and Network Security. |
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Violations of system or network security are strictly prohibited, and may result in criminal and civil liability as well as termination of services from Crystal Server. Crystal Server investigates all incidents involving such violations and will cooperate with law enforcement if a violation of the criminal law is suspected.
You are responsible for any misuse of your account, even if a friend, family member, guest, agent, or employee committed the inappropriate activity while using your account. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another Crystal Server account or attempt to gain unauthorized access to another network or server.
Examples of system or network security violations include, without limitation, the following: |
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4.1. |
Introduction into the network or server of any malicious program (examples: viruses, worms, Trojan Horses, logic bombs, and other executables intended to inflict harm). |
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4.2. |
Introduction into the network or server of any self-extracting file or program containing any malicious program as specified in Section 4.1 of this AUP. |
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4.3. |
Introduction into the network or server of any data, parameter, configuration, template, or control files for software applications that contain destructive macros or other malicious code. |
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4.4. |
Introduction into the network or server of any encrypted or compressed file or archive such as .zip or .gz files that contains any malicious program as specified in paragraphs 4.1 through 4.3 of this AUP. |
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4.5. |
Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient, logging into a server or account that the Customer is not expressly authorized to access, or exceeding the access to a server or account that has been granted to the Customer. For purposes of this section, "disruption" includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information. |
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4.6. |
Executing any form of network activity that will intercept data not intended for the Customer. |
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4.7. |
Circumventing user authentication or security of any host, network or account. |
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4.8. |
Interfering with or denying service to any user other than users of the Customer's host (examples: denial of service attack or distributed denial of service attack). |
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4.9. |
Using any program script/command, or sending messages of any kind such as a punter, designed to interfere with or to disable, a user's terminal session, via any means, locally or via the Internet. |
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4.10. |
Attempting to use or gain unauthorized access to data, accounts, hosts, servers, systems or networks of this site, or to probe, scan or test the vulnerability of a system or network of this site, any Crystal Server Services or those of any other party. |
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4.11. |
Interfering with service to any user, host or network including, without limitation, mail-bombing, flooding, or attempting to overload the system. |
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4.12. |
Forging any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting. |
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4.13 |
Falsifying address information or otherwise modifying e-mail headers to conceal the sender's or the recipient's identity. |
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| 5. Internet Etiquette. |
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| The Customer agrees to observe and abide by reasonable Internet etiquette (Netiquette). The Customer shall comply with the rules appropriate to any network to which Crystal Server may provide access. The Customer should not post, transmit, or permit Internet access to information the Customer desires to keep confidential. The Customer shall not post any material that is illegal, is libelous, is otherwise tortious, indecently depicts children, or is likely to result in retaliation against Crystal Server by offended users. Crystal Server reserves the right to refuse or terminate service at any time for violation of this section. This includes, but is not limited to, advertising services or sites via Internet Relay Chat (IRC) or USENET in clear violation of the policies of the IRC channel or USENET group. |
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| 6. Child Pornography. |
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Crystal Server will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography, or any other applicable international, federal, state, or local law that prohibits child pornography. Customers are ultimately responsible for the actions of their clients over Crystal Server network, and shall be liable for illegal material posted by their clients.
According to the Child Protection Act, child pornography includes photographs, films, video, or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.
Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT |
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| 7. Crystal Server No-Spam Policy (NSP). |
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7.1. |
Customer shall comply with all the terms and conditions of Crystal Server's No-Spam Policy (NSP) as described in this Section 7. Violation of the NSP shall be deemed a violation of this AUP and of the Customer's Agreement with Crystal Server. |
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7.2. |
At Crystal Server, we are committed to providing valuable hosting services to our valued customers. |
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7.3. |
An important part of Crystal Server's mission is to be a respected and responsible member of the business and Internet communities. We take seriously our role in protecting our customers and the general public from nuisances such as "spam." This section describes our NO-SPAM Policy. Please read it carefully, because it contains important information and because it is a material part of your Agreement with Crystal Server. |
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7.4. |
To report any spam you receive that identifies itself as coming from the crystalserver.com servers or claims to be related to Crystal Server in any way, please send an e-mail message to us at cs@crystalserver.com. In your message to us, please include a complete and accurate copy of the message that you consider to be spam, along with full message headers and routing information for e-mail, a message board provided by a Web site or an online service, Usenet, interactive chat message, or instant message service, as the case may be. |
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7.5. |
Definition of Spam. |
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Unsolicited commercial e-mail and electronic messages are colloquially referred to as "spam." Other common names for spam include "spam e-mail," "junk e-mail," "bulk e-mail," "direct e-mail," and "mass e-mail." Spam is the electronic equivalent of the direct mail you receive in your postal mailbox frequently.
In its most general terms, and as used in this NO-SPAM Policy (the "Policy"), spam is: |
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a commercial e-mail message or other electronic message, including, but not limited to, messages that are: |
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posted to an electronic mailing list (other than an "opt-in" e-mail list as described below), |
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posted on an online bulletin board system or Web-based message board system or "guest book", |
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posted to a Usenet newsgroup, |
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posted to the common area of an online community, group, or club, |
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posted in a chat room, |
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posted in a message board of a commercial online service (such as America Online), |
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posted to a Weblog ("blog"), |
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sent via an instant message system (such as ICQ, Yahoo! Pager, Yahoo! Instant Messenger, or AOL Instant Messenger), |
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sent through e-mail or another Internet means of communication when the message's ultimate destination is a facsimile ("fax") machine, cellular or wireless telephone, or wireless device, |
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a commercial e-mail message or other electronic message that is addressed to one or more recipients with whom you do not have an preexisting business or personal relationship, |
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a commercial e-mail message or other electronic message that is sent to a mailing list of addresses that you purchased or that were otherwise distributed, or any list of e-mail addresses whose owners did not sign up for your specific mailing list, including without limitation lists commonly known as "affiliate lists," |
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a commercial e-mail message or other electronic message that is not sent at the request of, or with the express consent of, the recipient(s), |
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a commercial e-mail message or other electronic message that is sent to a recipient who has opted out of receiving further commercial electronic messages from you, or |
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a commercial e-mail message or other electronic message that contains forged headers, compromised mail server relays, or false contact information. |
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For purposes of this Policy, spam also includes any e-mail or other electronic message that is sent in violation of any applicable Federal, state, or local law regulating unsolicited commercial e-mail, unsolicited fax transmissions, or any other type of unsolicited commercial electronic message, regardless of whether that message fits the definition of "spam" provided above. |
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7.6. |
"Opt-in" E-mail Lists. |
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Please note: messages sent to "opt-in" e-mail lists are not spam, for purposes of this Policy, provided that those messages meet all of the following criteria: |
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the messages are sent to an "opt-in" e-mail list in which ALL subscribers have VOLUNTARILY agreed to receive announcements and advertisements about products and services; |
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the messages STRICTLY COMPLY with ALL the requirements and regulations of the "opt-in" e-mail list; and |
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upon request of any subscriber to the "opt-in" e-mail list, you immediately stop sending that subscriber any e-mail regarding your products and services. |
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If you choose to use an "opt-in" e-mail list, please be aware that Crystal Server will consider ANY violation of the requirements or regulations of such any third party provider of software or services for such a list to be a violation of this NO SPAM Policy.
Furthermore, Crystal Server reserves the right to prohibit "opt-in" e-mail lists in the future if such a prohibition is reasonably necessary to keep its hosting service operating efficiently for all users. |
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7.7. |
Zero Tolerance for Spam. |
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Crystal Server will not tolerate any spamming by any of its Customers. This prohibition of spam extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Crystal Server's services whether or not the message actually originated from our network.
Violation of this NO-SPAM policy will result in Crystal Server taking one or more of the following actions:
A warning via e-mail or telephone,
Suspension of your site until furthur notice,
Removal of DNS for the advertised/originating site, or
Temporarily blocking outgoing mail from your site.
Repeated violation of this NO-SPAM policy will result in immediate disconnection of service with no re-activation.
Crystal Server reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from being sent from or transmitted through the Crystal Server Network.
PLEASE NOTE: The transmission of spam, including the transmission of counterfeit e-mail, may result in civil and criminal penalties against the sender, under various federal, state, and local laws and regulations, including the federal CAN-SPAM Act of 2003. |
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7.8 |
Indemnification of Crystal Server. |
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You agree to defend, hold harmless, and indemnify Crystal Server from any harm or damages whatsoever resulting directly or indirectly from your engaging in any spamming practices or from your violation of any of the terms of this NO SPAM Policy. |
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7.9 |
Mailing Limits |
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You may not send more than 600 emails per hour. Any emails sent over this limit will be discarded. |
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| 8. Resource Usage. |
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| You agree to not use excessive amounts of resources. Any violations may result in us taking corrective action in order maintain server stability by killing any processes, disabling and/or suspending your account. |
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8.1 |
Shared hosting accounts may not use more than 3% CPU or 3% memory over a 24 hour period, run more than 15 simultaneous processes or allow any process to run for longer than 30 CPU seconds. Databases are limited to 24 max user connections. |
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Semi dedicated hosting accounts may not use more than 6% CPU daily, run more than 30 simultaneous processes or allow any process to run for longer than 60 CPU seconds. Databases are limited to 30 max user connections. |
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Your account may be subject to an automatic suspension if you exceed either the Memory or CPU limits more than 100 times in a single day.
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| 9. No Editing, Censoring, or Control of Communications; Reservation of Rights. |
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| Your participation in online communication or use of any Crystal Server service is not edited, censored, or otherwise controlled by Crystal Server. However, Crystal Server reserves the right to monitor content on this site and on any Crystal Server servers, networks, or systems and to remove content, disable sites, or suspend or terminate services if Crystal Server, in its sole discretion, determines such content or user practices are harmful, offensive, or otherwise in violation of this Acceptable Use Policy. |
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| 10. Export Control Laws. |
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Exporting encryption software over the Internet from the United States of America to countries other than the United States of America and Canada violates United States law, unless you have a license to do so from the Bureau of Industry and Security in the United States Department of Commerce. You are solely responsible for determining whether any of your software or other information contains encryption software and whether you require a license to export your software or information. You are also solely responsible for complying with all applicable laws governing the export of encryption products. For additional information, you may wish to visit the Bureau of Industry and Security's Web site at:
http://www.bis.doc.gov/Encryption/
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| 11. International Use. |
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| Crystal Server makes no representation that materials available on this site or any or through any Crystal Server service are appropriate or available for use in locations outside the United States, and accessing them or using them from territories where their contents are illegal is prohibited. Customers and their users who access this site or any site hosted by Crystal Server from locations outside the United States of America are solely responsible for compliance with all applicable local laws and regulations. Moreover, to the extent allowed by law, Customers agree to defend, indemnify, and hold harmless Crystal Server, its parents, subsidiaries, partners, joint venturers, employees and agents, and all their respective heirs, successors, and assigns for any acts of Customer or Customer's users that may violate any applicable law. |
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| 12. Intellectual Property Rights. |
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12.1. |
All Crystal Server Web site design, text, graphics and the selection and arrangement thereof are the copyrighted work of Crystal Server, Inc., 2004. All rights reserved. If any page, information, or content is copied, it may only be copied for non-commercial uses that are explicitly allowed under the Customer's Agreement with Crystal Server or by law, and Crystal Server shall, in any event, retain all copyright and other proprietary interests in said page, information, or content. |
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12.2. |
You acknowledge and agree that copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws protect all content and materials available on this site or through any Crystal Server service. Nothing on any Crystal Server Web site shall be interpreted or implied in such a way as conferring any license or right to any intellectual property rights or license to any intellectual property, content, technology, system, process, or related material belonging to Crystal Server by virtue of it being displayed or made accessible on any Crystal Server Web site. Except as expressly authorized, you agree not to use this site or any Crystal Server Services in any manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you may access, receive or make available through this site or any Crystal Server Services. |
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12.3. |
If you use a domain name or content in connection with the Crystal Server Web hosting, or any other Web hosting service, you agree not to use that domain name or content in any way which violates any trademark, service mark, or similar rights of any third party. Specifically, and without limitation, you agree that you will not engage in, attempt to engage in, or conspire with others or solicit others to engage in any cybersquatting or domain name hijacking, |
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12.4 |
Crystal Server's data center infrastructure including all hardware, software, and telecommunications facilities located in its data center may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of any United States or state regulation or law or the common law, or any applicable foreign or international law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, patent, trade secret, or other intellectual property rights. |
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12.5. |
Creating, utilizing, or distributing unauthorized copies of software or other information content is a violation of international, federal, and state law. If you copy, distribute, or install software or other information content in ways that the license to use that content does not allow, you are violating federal copyright law and international copyright law. Crystal Server will cooperate with all law enforcement agencies in relation to alleged copyright infringement based on content housed in our data centers. |
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12.6. |
Please see Copyright Infringement Reporting on the Crystal Server Web site for procedures on disclosing alleged copyright infringement. |
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| 13. Customer's Grant of Limited License to Crystal Server; Warranties on Content. |
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| By posting or submitting content to any Crystal Server Web site or server, you: |
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13.1. |
Grant Crystal Server a limited license to transmit, copy, store, back up, and retrieve the content, solely for the purpose of providing you with the services you are purchasing under your Agreement with Crystal Server; |
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13.2. |
Acknowledge that you are placing data on servers, networks, and systems that reside physically in the United States. Such servers, networks, and systems are governed by United States law and not by the laws of other jurisdiction. As such, your rights to privacy are governed by United States law and the Crystal Server privacy policy. By ordering or using Crystal Server's services, you explicitly consent to this provision regarding privacy.
WHILE Crystal Server WILL MAKE REASONABLE EFFORTS TO PROTECT THE PRIVACY OF YOUR INFORMATION AND TO COMPLY WITH UNITED STATES LAW, PLEASE BE ADVISED THAT YOUR PRIVACY RIGHTS AVAILABLE UNDER UNITED STATES LAW AND THE Crystal Server PRIVACY POLICY MAY BE LESS THAN THOSE GUARANTEED BY THE LAWS OF THE COUNTRY WHERE YOU RESIDE. |
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13.3. |
Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Crystal Server does not and will not infringe or violate the rights of any third party; and |
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13.4. |
Agree to defend, hold harmless, and indemnify Crystal Server for any claims of any third party resulting from the public posting or use of your content. |
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| 14. IP Allocation. |
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| Crystal Server administers an Internet network on which multiple Customer servers reside. Customers shall NOT use Internet protocol (IP) addresses that were not assigned to them by Crystal Server staff or network administrators. |
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| 15. Restrictions on Use of Crystal Server Services. |
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15.1 |
You may not operate Internet Relay Chat ("IRC") servers using Crystal Server's services. |
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15.2. |
You may not run any IRC robot on any IRC server that might interfere with the Services or otherwise violate this AUP. When logged into any IRC server, you must comply with the rules and policies established by that IRC's service administrator. |
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15.3. |
You must not use any programs that may or will interfere with another's use of this site or any Crystal Server Services. |
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15.4. |
You may not run any background processes on the Crystal Server servers, networks, or systems without prior written authorization from Crystal Server. |
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15.5. |
You may not use any Crystal Server services to send denial-of-service (DOS) attacks to any computer or network, or to "flood" any computer or network. |
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15.6. |
You may not host any type of HYIP, autosurf, proxy, or bit torrent on Crystal Server servers. |
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15.7. |
You may not use any Crystal Server services to make available to third parties for any use other than normal access to that account's Web site. |
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15.8. |
You may not use our service to offer any free services including but not limited to free hosting, free email service, free blogging service, free home pages, free image hosting. |
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15.9. |
You may not use our service to host software download websites or the serving of file downloads. Any websites with bandwidth usage or disk usage consisting mainly of downloads will be suspended. |
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15.10. |
You may not use our service as an offsite file storage server. Any use of Crystal Server services is strictly intended for that account's web site only. |
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15.11. |
Crystal Server reserves the right to add further restrictions to Customers'use of the Crystal Server Services if such further restrictions are reasonably necessary to keep its hosting service operating efficiently for all users. |
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| 16. Suspension and Cancellation. |
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| Crystal Server reserves the right to suspend service to any Customer or who is using our network or services for violation of the AUP, the NSP, the Privacy Policy, or the TOS. Crystal Server will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. Crystal Server reserves the right to terminate service without notice for continued and repeated violations of the AUP, the NSP, the Privacy Policy, or the TOS. |
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| 17. Notices Regarding Violations of AUP and Intellectual Property Rights. |
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17.1. |
The Crystal Server Agreement and all its components prohibit acts of copyright and trademark infringement and other unlawful behavior by Crystal Server Customers. Crystal Server takes Customer violations seriously and will investigate complaints and, where appropriate, may remove content, disable sites, suspend or terminate services, or take other action as necessary. |
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17.2. |
General Complaints: Please send reports of any activity in violation of this Acceptable Use Policy to cs@crystalserver.com. If possible, please provide the IP address used to commit the violation, the date and time of the violation, and evidence of the violation. Crystal Server will reasonably investigate incidents involving such alleged violations. Crystal Server may involve and will cooperate with law enforcement officials if any criminal activity is suspected. Violations may result in criminal and civil liability. |
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17.3. |
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| 18. Miscellaneous. |
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| All monetary amounts to which this Agreement refers shall be in United States dollars. |
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| 19. Revisions. |
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| Crystal Server may revise this Acceptable Use Policy without prior notice. Such changes will be posted at www.crystalserver.com/legal/aup.php. You are responsible for reviewing the online Acceptable Use Policy to stay update of any changes
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