Upon signing up for
Crystal Visuals services, all customers agree to comply with Crystal Visuals
Terms
of Use. The spirit of this policy is to ensure our customers
are using Crystal Visuals services with due regard to the
rights of other Internet users and in conformity with the
requirements of Crystal Visuals network environment.
Illegal Use
Crystal Visuals servers may be used for
lawful purposes only. Transmission, storage, or distribution
of any information, data, or material in violation of any
applicable law or regulation is prohibited. This includes, but
is not limited to: copyrighted material; trademarks; trade
secrets or other intellectual property rights used without
proper authorization; material that is obscene, defamatory,
constitutes an illegal threat, or violates export control
laws. Examples of unacceptable content or links include:
pirated software, hacker programs or archives, Warez sites,
MP3, and IRC bots.
Security
Violations of system or network security
are prohibited and may result in criminal and civil liability.
Examples include but are not limited to the following:
unauthorized access, use, probing, or scanning of systems
security or authentication measures, data, or traffic;
interference with service to any user, host, or network
including, without limitation, mail bombing, flooding,
deliberate attempts to overload a system, broadcast attacks;
forging of any TCP-IP packet header or any part of the header
information in an email or a newsgroup posting.
Server Resources
Any web site that uses a high amount of
server resources (such as, but not limited to, CPU time,
memory usage, and network resources) will be given the option
to either pay additional fees (which will depend on the
resources required), reduce the resources used to an
acceptable level, or upgrade its service to a Dedicated Server
plan. Crystal Visuals shall be the sole arbiter of what is
considered to be a high server usage level.
Any web hosting
account deemed to be adversely affecting server performance or
network integrity will be shut down without prior notice.
CGI Scripts
CGI script sharing with domains not hosted
by Crystal Visuals is not permitted. Any CGI-scripts deemed
to be adversely affecting server performance or network
integrity will be shut down without prior notice.
Chat Rooms
Crystal Visuals does not allow customers
to install their own chat rooms. Chat rooms tend to require
significant system resources and therefore cannot be permitted
as an account option. However, for a small charge, Crystal Visuals
provides Java chat rooms that meet most users' needs and run
without hindering system performance.
IRC
Crystal Visuals does not allow IRC or IRC
bots to be operated on our servers.
UCE (Unsolicited Commerce Email) -
SPAM
Spamming, the sending of unsolicited mass
email from or through a Crystal Visuals server or using an
email address that is maintained on a Crystal Visuals
machine is STRICTLY prohibited. Crystal Visuals will be the
sole arbiter as to what constitutes a violation of this
provision. Customers are also in violation of this provision
if they engage in spamming using the service of another ISP or
IPP, but reference in the spam a web site hosted on a Crystal Visuals
server. Violators will be assessed a minimum fine of $200 and
will face immediate suspension.
Server Abuse
Any attempts to undermine or cause harm to
a Crystal Visuals server or customer are strictly
prohibited.
Software Distribution
Crystal Visuals shared web hosting
accounts are not configured for the purposes of distributing
software and/or multimedia products. If you wish to distribute
software and/or multimedia files, please contact us to make special arrangements.
Multimedia Files
Multimedia files are defined as any
graphics, audio, and video files. Crystal Visuals shared web
hosting accounts are not to be used for the purposes of
distributing and storing unusual amounts of multimedia files.
Any web site whose disk space usage for storing multimedia
files exceeds 70% of its total usage, in terms of total size
or number of files, will be considered to be using an unusual
amount of multimedia files.
Databases
Any database stored on Crystal Visuals
servers shall be limited in size to 10% of the total disk
space allotted for that particular domain plan/web hosting
account.
Copyright Violations
The Digital Millennium Copyright Act
("DMCA") sets forth the requirements for valid
copyright infringement notification. If you would like to
notify Crystal Visuals of an infringement of your copyright,
the DMCA requires that you:
- Send your notification to
Crystal Visuals
designated agent. You may choose the following
avenue for this notification:
- Email to info@SurfSpeedy.net
- Include in your notification the
following information:
- A physical or electronic
signature of the copyright owner or a person
authorized to act on the copyright owner behalf (the
"Claimant").
- Identification of the
copyrighted work(s) claimed to have been infringed.
- Identification of the material
claimed to infringe the copyright(s), and enough
information for Crystal Visuals to locate it.
- The Claimant name, address,
and telephone number(s).
- A statement that the Claimant
has a good faith belief that use of the disputed
material is not authorized by the copyright owner or
his agent.
- A statement, under penalty of
perjury, that the information in the notification of
copyright infringement is accurate and that the
Claimant is authorized to act on behalf of the
copyright owner.
Actions Taken by Crystal Visuals
The failure by a customer to meet or follow
any of the above Terms of Use is grounds for account
deactivation. Crystal Visuals will be the sole arbiter as to
what constitutes a violation of the Terms of Use. Crystal Visuals
reserves the right to remove any account without prior notice.
When
Crystal Visuals
becomes aware of an alleged violation of its Terms of Use, Crystal Visuals
will initiate an investigation. During the investigation, Crystal Visuals
may restrict a customer access in order to prevent further
potentially unauthorized activity. Depending on the severity
of the violation, Crystal Visuals may, at its sole
discretion, restrict, suspend, or terminate a customer web
hosting account and/or pursue other civil remedies. If such
violation is a criminal offense, Crystal Visuals will notify
the appropriate law enforcement authorities of such violation.
Crystal Visuals does
not issue credits for outages incurred through service
disablement resulting from Terms of Use violations.
Crystal Visuals
customers agree to indemnify and hold harmless Crystal Visuals
from any claims resulting from the use of our services that
damages them or any other party. The
Crystal Visuals service is provided on an as is, as
available basis without warranties of any kind, either express
or implied, including, but not limited to, warranties of
merchantability, fitness for a particular purpose or
non-infringement. Crystal Visuals
expressly disclaims any representation or warranty that the Crystal Visuals
service will be error-free, secure or uninterrupted.
No oral advice or written information given by Crystal Visuals
, its employees, licensors or the like, will create a
warranty; nor may you rely on any such information or advice.
Crystal Visuals and its partners and suppliers will
not be liable for any cost or damage arising either directly
or indirectly from any transaction or use of the service.
Modification
Crystal Visuals reserves the right to
add, delete, or modify any provision of its Terms of Use at
any time without notice.
