End User Agreement: Last updated October 10, 2004.


UNACCEPTABLE ACTIVITIES:

These include spamming (sending unsolicited advertising to those with which the customer has no existing business relationship, posting off-topic advertising in newsgroups); spoofing (using a return email address which is not the valid reply address of the sender or sending an email message which does not contain enough information to enable the recipient to identify the party who is really sending the message; passive spamming (promoting a web site hosted by cybersalad.net by spamming from some other source), trolling (posting controversial messages in newsgroups to generate responses), mailbombing (inundating a user with email without any serious intent to correspond), and subscribing someone else to an electronic mailing list without that persons permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distributed unsolicited email. We do not allow sites in any way associated with spamware.

AGE

The client must be 18 years of age to obtain our service.

ABUSE OF THE LEGAL RIGHTS OF OTHERS

Examples of unacceptable activities in this regard include posting private information about a person without their consent, infringing intellectual property rights, defaming a person or business, and knowingly making available code which will have a deleterious effect on third party computers. cybersalad.net supports free speech on the Internet, and will not suspend or cancel a customers account simply because it disagrees with the views expressed by the customer. Where there are allegations that a customers on-line activity has violated the legal rights of a third party, cybersalad.net will not substitute itself for a court of law in deciding tort claims raised by the third party.

ABUSE OF THE LAW:

cybersalad.net services may be used for lawful purposes only. Illegality includes but is not limited to: drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEGs, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited. cybersalad.net reserves the right to check system files, email, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary.

PORNOGRAPHY:

Pornography and sex-related merchandising, or links to such material, even if legal, is not an acceptable use of cybersalad.nets servers.

ABUSE OF SERVER RESOURCES:

Running programs in the background on a cybersalad.net server without cybersalad.net prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses of cybersalad.net servers. General resource limits ( memory, cpu, internal bandwidth ) on each account are at the sole discretion of cybersalad.net. Customers found to be in excees of what we deem to be reasonable will be asked to immediately upgrade their account. Customers far in excess of what we beleive to be resonable or who do not respond to resource overage notifications may be subject to suspension. Any account that exceeds its bandwidth limit will be charged $5/Gig per month.

HACKING/CRACKING:

cybersalad.net reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution.

OTHER BEHAVIOR:

The following examples of unacceptable behavior are non-exclusive, and are provided for guidance purposes. If you are unsure if your actions will be a violation of our policies please ask webhost@cybersalad.net Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network Attempt to circumvent any user authentication or security of host, network, or account. Accessing data not intended for user. Probing the security of any network. Spawning dozens of processes. Port scans, ping floods, packet spoofing, forging router information, Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land, teardrop. Promulgation of viruses. IRC bots such as eggdrop or BitchX. Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken. The presence of any of these programs, whether or not run, will result in action against the user including suspension or termination. In addition client assumes all financial responsibility related to damage caused by any such behaviors.


CLIENT RESPONSIBILITY:

The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. Use of cybersalad.net service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space.Client is held responsible for poorly written scripts, regardless of the scripts author. In the event that an insecure script causes damage to clients site, another cybersalad.net hosted site, or outside site, client assumes all financial responsibility, including any data and systems recovery that results at the current rate of $60/hr. This of course does not apply to any scripts that cybersalad.net provides as part of a given package or scripts that cybersalad is commissioned to write or install for client, providing that such services and or scripts are paid for. In the event that cybersalad.net installs a non-package script free of charge, client is fully responsible for its security and functionality. Client agrees that it is not the responsibility of cybersalad.net to provide this knowledge or support outside matter specific to cybersalad.net servers.

PAYMENT:

In the event that client is contacted concerning overdue payment, the client agrees to respond and resolve balance within 48 hours. In the event that client fails to respond within 48 hours Cybersalad.net will charge at its discretion a $20/month late fee per each hosting account.

BACKUPS:

Though cybersalad.net regularly backs up customer data. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients responsibility to maintain local copies of their data. If loss of data occurs due to an error of cybersalad.net, cybersalad.net will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, cybersalad.net will attempt to recover the data from the most recent archive for a $60.00 fee.

IP NUMBERS:

cybersalad.net maintains control of any and all IP numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

LIMITATION OF LIABILITY:

cybersalad.net shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from cybersalad.net servers going off-line or being unavailable for any reason whatsoever. Further, cybersalad.net shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of data from one of cybersalad.nets servers. All damages shall be limited to the immediate termination of service. cybersalad.net shall be the sole arbiter of what is and is not a violation of these acceptable use policies. cybersalad.net reserves the right to terminate an account at any time and for any reason that causes harm to any cybersalad.net customer web site. cybersalad.net reserves the right to delete all content and files upon termination. cybersalad.net reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. cybersalad.net reserves the right to refuse, cancel, or suspend service at our sole discretion. cybersalad.net reserves the right to change these Policies without prior notice or warning. Non-enforcement of any part of these Policies does not constitute consent. cybersalad.net shall not be responsible for any clamed loses occurring from delay of service or order processing, though refunds will be available for domain names not obtained for the client. Violations of these Policies should be referred to webhost@cybersalad.net All complaints will be investigated promptly. Feel Free to print a copy of this agreement for your records.