Terms of Services

Prohibited are sites that promote any illegal activity or present content that may be damaging to Construxicon Web Design Services' servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

pirated software
hacker programs or archives
Warez sites

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, Construxicon Web Design Services WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Traffic Usage
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $1.00 for each gig of traffic exceeded. This amount is not prorated, meaning that 1 mb - 1 gig will be treated and billed as the same.

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

Server Abuse
Any attempt to undermine or cause harm to a server or customer of Construxicon Web Design Services is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

All sub-networks, distributive hosting sites and dedicated servers of Construxicon Web Design Services must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Billing
By the Account Activation Date of each month, Construxicon Web Design Services shall either:

(1) debit the client's credit card (when such information has been provided by the client); or

(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to Construxicon Web Design Services by no later than the specified payment due date. Construxicon Web Design Services shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

Service Fees
Certain services carry a setup fee charged by Construxicon Web Design Services to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to Construxicon Web Design Services and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.

Money back guarantee & refund policy
We do not generally refund cancelled contracts. For example, if your contract is quarterly and you request a refund after two months, no refunds will be admitted. No refunds are issued for setup charges, add-on charges, domain-registrations, add-on purchases, SSL certificates or overage charges. In case of AUP violations, any and all refunds are forfeit.

Account Deactivations
Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation.

Cancellation Refunds
We DO NOT refund partial monthly fees to accounts. We require 30 days notice for a cancellation.

Limitation of Liability
Construxicon Web Design Services shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Construxicon Web Design Services ' servers going off-line or being unavailable for any reason whatsoever. Furthermore, Construxicon Web Design Services shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Construxicon Web Design Services ' servers. All damages shall be limited to the immediate termination of service.

Violations
Violations of these Acceptable Use Policies should be referred to sbrown@construxicon.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer
Construxicon Web Design Services cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Construxicon Web Design Services are resold. Thus, certain equipment, routing, software and programming used by Construxicon Web Design Services are not directly owned or written by Construxicon Web Design Services. Moreover, Construxicon Web Design Services holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Construxicon Web Design Services sees fit.

Account Activation
By activating your account with Construxicon Web Design Services, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

Server Uptime Guarantee
Although Construxicon Web Design Services has an excellent record for reliability, we do not offer an uptime guarantee. However, our network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades.

Construxicon Web Design Services reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.

Acceptable Use Policy

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Construxicon Web Design Services cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Construxicon Web Design Services cannot monitor or censor the Internet, and will not attempt to do so, Construxicon Web Design Services cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that Construxicon Web Design Services does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Construxicon Web Design Services' network and may reach a large number of people, including both subscribers and non-subscribers of Construxicon Web Design Services, subscribers' postings to the Internet may affect other subscribers and may affect Construxicon Web Design Services' goodwill, business, reputation or operations. For these reasons, subscribers violate Construxicon Web Design Services policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Spamming:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Construxicon Web Design Services, but also because it can overload Construxicon Web Design Services' network and disrupt service to Construxicon Web Design Services' subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Construxicon Web Design Services will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore Construxicon Web Design Services reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should Construxicon Web Design Services choose to pursue and prosecute.

Audio/Video Streaming:
Audio/Video Streaming is not hosting friendly. As such, Construxicon Web Design Services does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.

Adult-Oriented Content:
Construxicon Web Design Services does not allow adult content and will suspend/terminate any offending account.

Large File Policy:
Construxicon Web Design Services is not for file hosting and distribution - as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail sbrown@construxicon.com.

Obscene Speech or Materials:
Using Construxicon Web Design Services' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Construxicon Web Design Services is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Language:
Using Construxicon Web Design Services' network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups:
Construxicon Web Design Services reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other Activities:
Engaging in activities, whether lawful or unlawful, that Construxicon Web Design Services determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Construxicon Web Design Services will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with Construxicon Web Design Services' policy or applicable law. However, when Construxicon Web Design Services becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Construxicon Web Design Services.

Construxicon Web Design Services is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Construxicon Web Design Services' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Construxicon Web Design Services does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Construxicon Web Design Services reserves the right to directly take action against a customer of its subscribers. Also, Construxicon Web Design Services may take action against the Construxicon Web Design Services' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Construxicon Web Design Services anticipates that subscribers who offer Internet services will cooperate with Construxicon Web Design Services in any corrective or preventive action that Construxicon Web Design Services deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Construxicon Web Design Services policy.

Construxicon Web Design Services will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Construxicon Web Design Services may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Construxicon Web Design Services may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Construxicon Web Design Services assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Construxicon Web Design Services may disclose subscriber information or information transmitted over its network where necessary to protect Construxicon Web Design Services and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Construxicon Web Design Services will never sell information to other services or outside companies.

Construxicon Web Design Services expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate Construxicon Web Design Services policy. Finally, Construxicon Web Design Services wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Construxicon Web Design Services for any violation of the Service Agreement, law or Construxicon Web Design Services policy resulting in loss to Construxicon Web Design Services or the bringing of any claim against Construxicon Web Design Services by any third party. This means that, if Construxicon Web Design Services is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against Construxicon Web Design Services, plus costs and reasonable attorney's fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including Construxicon Web Design Services and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to sbrown@construxicon.com.