Web Hosting Terms of Service

1. Restricted Content

1.1 Client is expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. Client is expected to use his/her account for the purposes of maintaining a website only. Common sense is the best guide as to what is considered acceptable use.

1.2 Elington LLC forbids websites with adult graphic content (softcore and/or hardcore), including, but not limited to, banners advertising any adult website(s), child pornography, and distribution of adult website passwords. Client's whose accounts are found in violation of this policy may, at the discretion of Elington LLC, have their account(s) terminated without notice.

1.3 All types of music files are not allowed. This also includes providing links to music files.

1.4 Sites promoting, or providing links to, any kind of the following activities and materials are also not allowed:

• Gambling
• Alcoholic drinks
• Cigarettes and smoking

1.5 Client's whose website promotes activities that violate federal, state, local laws and/or violation of U.S. export restrictions are also not welcome at Elington LLC. This includes "warez" sites (freely distributing copyright programs), or sites promoting hacking and/or cracking programs. Client's whose accounts are found in violation of this policy may, at the discretion of Elington LLC, have their account(s) terminated without notice.

1.6 Sites whose primary purpose is for file distribution or mirroring of a site are strictly prohibited.

1.7 IRC Bots, or any other automaton programs written in C, Perl or IRC-script used specifically in conjunction with IRC are not allowed. These programs tie up system resources and are in no way related to maintaining a website. Clients are not allowed to have any programs, including but not limited to, Eggdrop, or any other IRC-related programs, within their account. Client agrees not to upload the tar file for any of these programs or to execute them within their account. The first violation of this policy will result in the IRC-related program to be removed from the Client's account and Elington LLC will notify the Client immediately of the violation. The second violation of this policy may, at the discretion of Elington LLC, result in the Client's account(s) being terminated without notice.

1.8 Simply put, we ask that you use your account for the purposes of hosting a non-adult oriented, legal website.

1.9 Elington LLC RESERVES THE RIGHT NOT TO ACCEPT ANY OTHER TYPE OF CONTENT NOT LISTED ABOVE WITHOUT GIVING EXPLAINATION. A NOTICE OF ACCOUNT DEACTIVATION WILL BE GIVEN 7 DAYS BEFORE IT IS DEACTIVATED. ANY WEB HOSTING FUNDS COLLECTED FROM CLIENTS WILL BE PAID BACK TO THEM IMMEDIATELY IF THIS RIGHT IS USED BY Elington LLC.

2. E-mail/Spam Policy

2.1 Spamming is the sending of unsolicited e-mail, regardless of size or volume, to persons the sender does not know or have prior consent to send the message to. Using fictitious e-mail addresses or any domain name hosted with Elington LLC is strictly forbidden. Spamming also includes sending unsolicited advertisements to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user. A violation of this policy extends to clients who send unsolicited e-mail from a domain name not affiliated or hosted with Elington LLC but the mail message makes mention of a website hosted with Elington LLC

2.2 Elington LLC allows clients to send mailings to subscribers of their own mailing list. Such mailings must have explicit instructions to the recipient on how to remove his/her name from the list, and all requests to do so must be honored immediately. Client agrees not to send mailings to lists provided by an outside agency or individual. Client further agrees not to provide mailing list services to others. Due to the nature of a shared-server environment, Elington LLC requests that mailing lists be sent during non-peak hours, specifically between the hours of 1:00 am and 5:00 am, Central Time. Elington LLC reserves the right to terminate a client's mailing program, whether provided by Elington LLC or not, immediately and without notification to client if said list causes a problem with the e-mail services of other clients. Elington LLC also reserves the right to forbid a client from utilizing any mail-sending program that jeopardizes the mail services of other clients.

2.3 Providing spamware or spam related programs is strictly prohibited. Additionally, clients may not have e-mail lists available for download on the site.

2.4 Due to the consumption of system resources and overloading of the e-mail server, Elington LLC forbids the use of the Gossamer Links program by any client.

2.5 Trolling, the posting of outrageous messages to generate numerous responses, is also not allowed. Mailbombing, the sending of multiple messages without significant new content to the same user and/or subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system is strictly forbidden. Elington LLC reserves the right to determine what constitutes abuse of this policy. Clients whose accounts are found in violation of this policy may, at the discretion of Elington LLC, have their account(s) terminated without notice. Sites closed for violations of this policy will not be reinstated under any circumstance.

3. Copyrighted Materials

3.1 It is the responsibility of the client to ensure that all information within their account is their own work. Due to distribution rights of shareware programs, clients may not distribute freeware software programs unless the programs are their own work. Clients agree to indemnify Elington LLC of any possible litigation involving trademark or copyrighted materials.

3.2 Client agrees not to modify any copyright notices in features (Perl programs, etc.) provided by Elington LLC Modification of scripts provided by Elington LLC without written permission is strictly prohibited.

4. Excessive Usage

4.1 Client agrees to take all responsibility for all programs including CGI scripts executed under their account. Programs that consume an excessive amount of CPU run time or Random Access Memory (RAM) are not permitted. Client agrees and understands that such excessive use can have an adverse effect on the performance of the webserver.

4.2 Client agrees to accept responsibility for programs executed under his/her account, regardless of who authored the program. The use of cgi or html chat scripts or pages is strictly prohibited. Elington LLC reserves the right to suspend accounts without notice to clients who violate these terms. Elington LLC has sole discretion over what constitutes excessive usage.

4.3 Note: Elington LLC may at any time, revise the Web Hosting Terms of Service with advanced notice given to clients. Renewal of a virtual server with Elington LLC constitutes acceptance to all modifications to the Web Hosting Terms of Service.

5. Disclaimer

5.1 Elington LLC WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. Elington LLC MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. Elington LLC DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTURRUPTIONS CAUSED BY Elington LLC AND ITS EMPLOYEES. Elington LLC RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.

5.2 ALL RESELLERS OF Elington LLC MUST ADHERE TO THE ABOVE POLICIES.

5.3 FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.