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Notes & Reference

Content

All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States federal, state, or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold us harmless from any claims resulting from the use of the service that damage the subscriber or any other party.

Note: Pornography and sex-related merchandising are prohibited on all servers. This includes sites that may infer sexual content, or that link to adult content elsewhere. This is also applicable to sites that promote any illegal activity or content which may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.

In addition, any site selling or promoting bulk e-mail services is not allowed.

Examples of nonacceptable content or links:

• Pirated software
• Hackers'/crackers' programs or archives
• Warez Sites
• Irc Bots
• MP3

We will be the sole arbiter as to what constitutes a violation of this provision.

If you wish to operate an Adult web site, consider the web hosting services provided by XXX Web Hosting.

Traffic Guidelines

The following excess traffic prices do NOT apply to our Dedicated Server clients. Dedicated Server solutions include 25 GB bandwidth per month. Additional bandwidth may be purchased in 25 GB increments for a monthly fee of US$ 125 per increment.

There will be an additional charge on all excess traffic. You will be notified ahead of time if it looks like you are going to exceed your limit. The fee for extra bandwidth is US$ 6/GB.

Note:

CGI Scripts

Each account comes with its own CGI-bin. You are free to use any CGI scripts you wish; however, we reserve the right to disable any CGI script that affects normal server operation.

Chat Rooms

We do not allow clients to install their own chat rooms. These tend to be large system hogs. All of our Linux web hosting packages include 25 java chat rooms.

Background Running Programs

We will allow some programs to run continuously in the background. These are considered on an individual basis, and an extra charge will be incurred based on system resources used and operational maintenance needed.

IRC

We currently do not allow IRC or IRC Bots to be operated on our servers.

Commercial Advertising - E-mail

Our servers may not be the source, intermediary, or destination address involved in the transmission of "spam", "flames", or "mail bombs". Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. We consider spam any mass unsolicited message in the mediums of Newsgroups and E-mail. If you are found to have spammed, then we will immediately, without warning, disable your domain. In addition, we will impose a US$ 150 penalty for each spam policy violation. We reserve the right to refuse or cancel service to known spammers. Finally, we reserve the right to determine what violates this policy.

As such, any violation will result in immediate deactivation of services without refund.

Server Abuse

Any attempts to undermine or cause harm to a server are strictly prohibited.

Failure to Pay

Failure to pay within 2 days of due date will result in immediate deactivation of services.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Tuffy Enterprizes harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Tuffy Enterprizes, 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Tuffy Enterprizes against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Tuffy Enterprizes servers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.

Refusal of Service

We reserve the right to refuse or cancel service at our sole discretion.

Disclaimer

Tuffy Enterprizes will not be responsible for any damages your business may suffer. Tuffy Enterprizes makes no warranties of any kind, expressed or implied for services we provide. Tuffy Enterprizes disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, and any and all service interruptions caused by Tuffy Enterprizes and its employees. Tuffy Enterprizes reserves the right to change or update policies without notice.

If any of the the terms or conditions are failed to be followed, it will result in grounds for immediate account deactivation.

Privacy Statement

Tuffy Enterprizes respects and is committed to protecting your privacy. Our sites are safe environments for anyone who purchases our products and services. The following discusses our privacy policy.

• What information is collected, and how is it used?

  When visiting a Tuffy Enterprizes site, general statistical information is collected such as: which pages are visited the most, the domains visitors come from, the IP addresses of visitors, and the time and duration of visits. The purpose of collecting this information is to help Tuffy Enterprizes create sites which better match the requirements of its visitors.

  When purchasing a product or service, Tuffy Enterprizes collects personal information such as a customer's name, phone number, e-mail address, billing address and credit card number. The purpose of collecting this information is to enable Tuffy Enterprizes to bill its clients and track sales in a quick and efficient manner. Such information is stored off-line.

  When account holders login to their accounts via the Web Control Panel, cookies in addition to password protection and other measures are employed to maintain the security of accounts. All accesses (via Web Control, Telnet, ftp) are also logged to ensure security of the systems.

• With whom is information shared?

  Credit Card Processing and Security - Tuffy Enterprizes uses the latest encryption technology to keep your personal information safe. All your ordering information, including your name, address and credit card number, is encrypted using a secure server for maximum security. Your credit card and billing information cannot be read as it travels to our ordering system. To ensure that your information is even more secure, once we receive your credit card information, we store it off-line. Credit card transactions are handled by a third-party financial institution, which receives the credit card number and other personal identifying information only to verify the credit card number and process the transaction.

  Other than the third-party financial institution and payment gateway provider we use to process credit card orders, and except as required by law, no other institutions or organizations are provided with the personal information we collect.

• How can I change, correct or update my personal information?

  If at any time you would like to change any information in your account, please contact us.

• Other

  By using Tuffy Enterprizes sites, you consent to the collection and use of your information as described in the above statements.

  Tuffy Enterprizes fully cooperates with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to release information about users who we believe are in violation of our policies and guidelines. We also reserve the right to report to law enforcement agencies any activities that we reasonably believe to be unlawful.

  Tuffy Enterprizes wants you to be aware that when you click on links and/or ad banners that take you to third-party web sites, you will be subject to the third parties’ privacy policies. While we support the protection of privacy on the Internet, Tuffy Enterprizes cannot be responsible for the actions of third parties. We encourage you to read the posted privacy statement whenever interacting with any web site.

  Tuffy Enterprizes may update our policies from time to time; please check this page periodically for changes. By using our sites, you signify your agreement to our policies and guidelines.

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