You are solely responsible for the use of your purchased services (whether by you or by anyone that you authorize to use your service). AbleSpark is not obligated to monitor or examine the use of your service. You hereby acknowledge that if AbleSpark is made aware of any content or action that is determined to be, in AbleSpark’s sole discretion, a violation of our Acceptable Use of Services policy, AbleSpark has the right, but not the obligation, to edit, remove, or deny access to such content or services without notice. AbleSpark may disclose any content or records concerning your account as required to satisfy any law, regulation, governmental request, or court order.
You agree to conform your use of our services to reasonable standards of conduct generally accepted and applied to users in our community including but not limited to the following:
- Client 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 or other statue.Pornography, sex-related merchandising, or links to pornography or sex-related merchandising is also prohibited on any AbleSpark server. Sites and links to sites that promote any illegal activity or content that may be damaging to AbleSpark’s servers or any other server on the Internet is also prohibited. This includes, but is not limited to: pirated software, bulk e-mail related products, pornography, nudity, adult content, hacking/cracking related websites, Warez and/or copyrighted MP3s, illegal material, material that is against public policy, and sites containing or linking to material that may be considered detrimental to the public health, safety, or welfare (such as, but not limited to, Anarchist Cookbook, bomb making, weapon information, or anything else that may be considered detrimental or illegal).AbleSpark will be the sole arbiter as to what constitutes a violation of this provision, and reserves the right to deactivate and remove any site at any time for any reason without refund! Violators of this policy may be subject to a $250 per hour charge for administration and investigation costs.
- Unsolicited E-mail (SPAM)
SPAMing, or the sending of unsolicited e-mail, from any AbleSpark server or using a return e-mail address that is maintained on a AbleSpark server is STRICTLY prohibited. Using spam to advertise a site hosted on AbleSpark network also constitutes as a violation of this provision. AbleSpark will be the sole arbiter as to what constitutes a violation of this provision. Sites found to be in violation of our SPAM policies will be immediately deactivated and no refund will be issued.Violators of AbleSpark’s Unsolicited E-mail policy may be subject to a $100 per message charge for administration and investigation costs.
- Server Abuse
Any attempts to undermine or cause harm to a AbleSpark server or customer of AbleSpark is strictly prohibited.AbleSpark will be the sole arbiter as to what constitutes a violation of this provision. Customers found in violation of this provision will be subject to account deactivation without refund. AbleSpark will turn all available information about abuse incidents, including customer contact data, over to the proper authorities and press charges.
- System Resource Usage
If AbleSpark determines that a customer’s account is utilizing an unacceptable amount of system resources, AbleSpark may temporarily deactivate the account in question. If AbleSpark deems necessary, an eviction notice may be sent to the customer of an offending account providing them with ten (10) days in which to either upgrade to a dedicated server or locate a new provider.AbleSpark will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analyzed individually.
- Background Running Programs (bots/daemons/monitors)
Background daemons and/or programs are prohibited on AbleSpark’s service.
- IRC (Internet Relay Chat)
AbleSpark does not allow IRC or IRC bots to be operated on our servers. Any account found to be in violation of this provision will be immediately suspended and/or deactivated and no refund will be issued.
- Cron Jobs
We do allow Cron Jobs to be conducted on our servers.
- Shell Access
Shell access is provided on an as-needed basis. It does not come enabled on accounts by default. A request for this feature must be made before it can be used. The request must include a domain name, username, and an explanation of why shell access is required. We reserve the right to refuse this service to any client for any reason.
- Web Applications and Web Accessible Scripts
To help prevent resource and security issues, Clients are expected to keep any and all software, applications, and scripts used on or in conjunction with AbleSpark’s service updated and secure. If you need help determining what version of a particular software, application, or script you should be running, please contact us so that we can assist you in determining your needs. AbleSpark reserves the right set minimum requirements for any and all software, applications, and scripts used on or in conjunction with our service.If AbleSpark determines that a Client’s account is utilizing software, applications, or scripts that may by harmful to its clients or operations for any reason, AbleSpark may temporarily deactivate the account in question without notice. If AbleSpark deems necessary, an eviction notice may be sent to the customer of an offending account providing them with ten (10) days in which to either correct the issue, upgrade to a dedicated server, or locate a new provider. AbleSpark will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analyzed individually.
Clients are responsible for maintaining their own backups on their own computers. While AbleSpark’s service includes periodic backups, these backups are for AbleSpark’s administrative purposes only and are in NO WAY GAURANTEED! AbleSpark does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on AbleSpark’s part). AbleSpark will do its best to ensure complete and accurate backups, but we assume no responsibility for this duty. Always back up your site onto another computer. AbleSpark makes no guarantees about the availability of our periodic backups.AbleSpark does provide an optional backup service that may be used for maintaining individual client backups. Please contact us for more information on our individual client backup options.
- Other Activities
You agree not to use our service to engaging in activities, whether lawful or unlawful, that AbleSpark determines to be harmful to its clients, operations, reputation, goodwill, or customer relations.