:: 601MEDIA,LLC Hosting Terms of Service
1.) Account Setup
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times.
2.) Content
You agree to take full responsibility for backing up any files that have been uploaded to our server space. All services provided by us may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, pornography. The laws of the State of Florida, the State of Texas, the State of North Carolina, and the United States of America apply.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email abuse@601media.net with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.
Examples of unacceptable material include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, “.img” / image hosting only sites that do not host an actual domain name, Escrow, High-Yield Interest Programs(HYIP), Bank Debentures, Bank Debenture Trading Programs, and Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacker focused sites/archives/programs.
We reserve the right to refuse service to anyone. Any material that in our judgment is obscene or threatening is prohibited and will be removed from our servers with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services.
If in doubt regarding the acceptability of your site or service please contact us and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Violations will be reported to the appropriate law enforcement agency.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double optin” will be treated as spam. Any user who sends out spam will have their account terminated without notice.
Please read www.601media.com/email-policy-and-limits for our generalized email policy.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups.
We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. We also reserve the right to make any such modifications in an emergency at our sole discretion.
We reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of 601media.net. All rights reserved.
For additional information please read the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act) https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business
4.) PAYMENT TERMS AND CONDITIONS
Hosting is monthly service. You agree to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. You agree that until and unless you notify 601media.net of your desire to cancel any or all services received, those services will be billed on a recurring basis.
a.) PAYMENTS and INVOICING
All accounts are charged on a per domain (e.g. www.mydomain.com) basis. We bill monthly, quarterly, or yearly, generally 15 to 30 days prior to the hosting period due.
All hosting invoices must be paid in full no later than 10 days after the 1st day of the hosting period specified on the invoice.
On the 10th day of any unpaid hosting account period the domain hosting account WILL BE SUSPENDED until full payment along with any late fees has been satisfied.
All other invoices for incidental services must also be paid no later than 30 days after the invoice date. Examples of incidental services may include but are not limited to: technical support time, website updates, software upgrades, SSL certificates, extra bandwidth allocations. On the 30 day of non-payment all files associated with your domain hosting account will be deleted off of our server along with your hosting account setup.
b.) INTERRUPTION OF SERVICES
Hosting services will be suspended if a hosting invoice is not paid in full by the 10th day of the unpaid hosting period.
c.) RESTORATION OF SERVICES
Hosting services that have been suspended will be restored upon receipt of payment for the current hosting period and any outstanding invoices for incidental services and prepayment of the next hosting period and a restoration fee equal to the current setup fee for the hosting account level.
5.) Backups and Data Loss
Your use of the service is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers.
6.) Cancellations
Hosting account cancellations MUST be done in writing via postal mail or email sent from the primary email account we have on file. Mail cancellation request to: Cancellations, P.O. Box 15432, Wilmington, NC 28408. All files will be permanently deleted from the server immediately upon cancellation. You agree to take full responsibility for backing up your files. Upon receipt of cancellation request accounts will be deleted from our servers 1 day after the paid hosting period ends.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
7.) Resource Usage
User may not:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc
h) Run cron entries with intervals of less than 15 minutes
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
9.) Price Change
We reserve the right to change prices listed on our site, and the right to adjust the amount of resources given to service plans at any time.
10.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against us, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless any� liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with us; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from 601media.net’s server.
11.) Disclaimer
a) We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaim any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us and our employees.
b) We may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
12.) Changes to the TOS
We reserve the right to revise policies at any time without notice.
