Services provided to you by Net Locations ("Services") may be suspended or terminated in accordance with the Terms of Services for violation of Net Location's Acceptable Use Policy ("AUP"). You are responsible for violations of this AUP by you and by anyone using your Services, whether or not authorized by you. Net Locations may amend this AUP at any time to further detail or describe reasonable restrictions on your use of its Services. The AUP is posted at http://www.netlocations.com/aup.html.
Inquiries regarding this AUP should be directed to Technomax, 20 Queen St. N, Suite 101, Mississauga, Ontario, Canada, L5N 1A1, Attention: Bob Ciprovski.
You may not use the Services to publish, distribute, or otherwise copy any music, software, art, or other work protected by copyright law unless you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner or you are otherwise permitted by established United States or Canadian copyright law to copy the work in that manner. You may not use a domain name that infringes on a third party's trademark, service mark, or other proprietary right.
You may not publish or transmit pornography, any content that is excessively violent or that incites or threatens violence, contains harassing content or hate speech, is unfair or deceptive such as chain letters and pyramid schemes, is defamatory or violates a person's privacy, creates a risk to a person's safety or health, compromises national security, interferes with a investigation by law enforcement, improperly exposes confidential or proprietary information of another person, is intended to assist others in defeating technical copyright protections, infringes on another person's intellectual property, contains proxy scripts or anonymizers, promotes illegal drugs, violates export control laws, relates to illegal gambling or illegal arms trafficking, is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Net Locations, or is otherwise malicious, fraudulent, or may result in retaliation against Net Locations by offended viewers. Content "published or transmitted" includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on the Internet.
You may not use the Services to publish directories, links or other information pointing to sites that contain content prohibited by this AUP.
Our systems have been setup to provide powerful and responsive hosting services. Nevertheless there are instances were hosting customers do not understand the limits of even the most powerful system and try to run extremely resource hungry Web services that require a dedicated server farm with load balancing and mirroring just for that specific site and application. We will not arbitrarily shut down your site unless usage is so severe (example: DDoS attacks, poorly scripted applications, etc) that we are left without choice in the matter. You will be contacted once we are aware of the issue and we'll work with you to resolve it.
For sites that use resource hungry content management systems (such as Joomla) or bid sites and others and receive in excess of 150,000 unique visitors monthly or simply use more than an acceptable level of resources, we strongly recommend our Cloud Hosting Services or our Hsphere Clustered Hosting Plans. Both these are built for application hosting and are the sensible choice for busy database-driven Websites. These services are on-demand and will allow for extra bandwidth and processing power. You should be aware that excess usage that goes beyond your alloted services is billable to you and must be paid within 24 hours.
We will not shut your site down without first contacting you, unless due to the use of insecure scripts, DDoS attacks, etc, the services affect other users and we are left without any choice but to temporarily shut down your site. You should be extremely careful in selecting scripts for your site applications and in hiring Developers or Progammers.
We recommend these services for sites that are 50% static in nature and do not require the use of excessive resources. Sites that use a CMS (like Joomla) or other database-driven sites should call us for advise on what hosting platform might work the best. Our Cloud Hosting and Clustered Hosting Plans are made for hosting Joomla sites or other database-driven Websites.
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 or disabling them.
Failover users on cPanel server systems may not use more than 2% CPU daily, 3% memory daily, run more than 10 simultaneous processes per user, allow any process to run for longer than 30 seconds CPU time, run any process that consumes more than 20% of available CPU at any time, or run any process that consumes more than 32 MB of memory. Databases are limited to 24 max user connections with a max query time of 8 seconds. Cron jobs must not execute more than once every 15 minutes and will be niced to 15 or greater.
Your account may be subject to review if you exceed either the Memory or CPU limits more than 10 times in a single day.
System resource limits are intended for runaway scripts, processes requiring large CPU and memory requirements from slowing down the server and causing a drop in performance. Net Locations reserves the right to make adjustments to these limits at our sole discretion. If Net Locations takes corrrective action Customer shall not be entitled to a refund of any fees paid in advanced.
Our Cloud Hosting Services include daily backups and multiple instances of your site and databases. These backups are usable only by the servers located within the cloud and are not usable on your local computer.
Hsphere Clustered Hosting includes free R1 Soft offsite storage that are accessible to you through your control panel. These include up to 30 days of backups. You can access and replace your data and databases at your discretion.
cPanel Failover Plans we do nightly backups. However we make no guarantee that the backup will be complete or that we'll have a backup for your account.
CloudLinux cPanel plans include self-managed backups from the user control panel. We offer R1 Soft offsite storage free for up to 3GB of data. Additional R1 storage can be purchased at just $2.50 a month for 2.5GB of space Websites.
It is highly recommended that you establish your own backup policy and keep multiple backups of your site data and your databases. You should keep a backup on your local computer and on either a remote disk or writeable DVD's. We offer Cloud Storage services at very reasonable prices.
We will make every attempt to restore a backup of your site on request however we encourage you to do your own backup. We will not be responsible for incomplete backups and do not provide any compensation in the event that the backup is not current or if there is no backup at all due to technical issues.
You must obtain Net Location's advanced approval for any bulk or commercial e-mail, which will not be given unless you are able to demonstrate, at a minimum, that your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure, your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given, you retain evidence of the recipient's consent in a form that may be promptly produced on request, and you honor the recipient's and Net Location's requests to produce consent evidence within 72 hours of receipt of the request.
You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipient's e-mail address in the body of the message or in the "TO" line of the e-mail.
These policies apply to messages sent using the Services, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via the Services. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.
Net Locations may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.
We acknowledge the fact that many of today's online applications employ relays that send legitimate email via SMTP. Since spammers often send bulk emails all similar in content at a rate exceeding 250-400 emails hourly, we keep a constant vigil on such activity. If such an instance is found we would be forced to contact the site owner and would need immediate confirmation that such email activity is not spam. In the event that we can not contact the site owner, we would unfortunately be forced to shut down the suspect site's email server, at our sole discretion, until the situation is fully rectified.
This for the protection of all users on the system to assure that the server(s) delivering excess volumes of relayed email are not black listed for spam. If your site employs any software the sends email at a rate of more than 250-400 per hour we highly recommend you contact us so we can assist you in solving the issue by directing you to one of our services that allows such email relays.
You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.
You must comply with the rules of any other network you access or participate in using the Services.
Net Locations is not responsible for notifying you of any impending domain name expiration dates. Generally you must submit a renewal request at least 45 days prior to the expiration of the domain. You must keep your WHOIS information accurate and up-to-date. The e-mail address for the Administrative Contact in the WHOIS database must be the same as your billing e-mail address in Net Location's records, and Net Locations may, but is not required to, change the e-mail address to comply with this requirement if necessary. Domain names may not be transferred within the first sixty (60) days of initial registration. Your rights to any domain name are governed by the rules and regulations of ICANN, the Registrar, and applicable law. Please note that requests for domain name transfers may not succeed for a variety of reasons not within Net Location's control.
You may not use Net Location's networks or those of our partners to engage in illegal, abusive, or irresponsible behavior, including:
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to Net Locations and its Subscribers) without express authorization of the owner of the system or network;
- Monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
- Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
- Use of an Internet account or computer without the owner's authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
- Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
- Any conduct that is likely to result in retaliation against Net Location's network, including engaging in behavior that results in any server or service under your control being the target of a denial of service (DoS) attack.
Net Locations may, without notice to you, report to the appropriate authorities any conduct by you and your customers that it believes violates applicable law, and provide any information it has about you in response to a formal or informal request from a law enforcement or regulatory agency, or in response to a formal request in a civil action that on its face meets the requirements for such a request.
You must have valid and current information on file with your domain name registrar for any domain hosted on Net Location's or its partners networks.
- Any actions which directly or indirectly result in Net Location's IP space being listed in any of the various abuse databases may result in the immediate suspension or termination of your Services.
- You must use the Services in a manner that complies with applicable law. You may not use the Services for the development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles, in a country listed in Country Groups D:4 and D:3 of Supplement No. 1 to Part 740 of the United States Export Administration Regulations, and you may not provide access to the Services to any person (including any natural person, business entity or government entity) that is located in or is a national of any embargoed country which are Balkans, Burma, Cote d'Ivoire (Ivory Coast), Cuba, Iran, Iraq, Liberia, Libya, North Korea, Sudan, Syria, or Zimbabwe as of February, 2006.
If you believe your copyright is being infringed by a person using the Net Location's network, please send your written notice of copyright infringement to:
20 Queen St N. Suite 101
Canada, L5N 1A1
Attention: Bob Ciprovski
Net Locations is under no duty, and does not by this AUP undertake a duty, to monitor or police your activities and disclaims any responsibility for any misuse of Net Location's or its partners networks. Net Locations has no obligation to any person who has not entered into an agreement for Services.