Terms of Service Agreement

This agreement between SPEEDYWEBHOST.COM (PROVIDER) and you (CLIENT) is legally binding in the state of Ohio where the provider operates. You, the client, should familiarize yourself with this document. Any usage of our services constitutes an agreement to the terms and conditions set forth herein. You the client are expected to know and obey all applicable local, state and federal laws while using SPEEDYWEBHOST.COM's services.

Site Content

Adult Content
SPEEDYWEBHOST.COM is not in the business of hosting multimedia oriented adult websites. This includes sites that make available for viewing or download graphics, audio or video of an adult nature. This policy is not based on any desire to act as censors on the Internet, however, adult websites by their very nature consume many system resources monopolizing the system from other users. Various companies offer adult web hosting services for a much higher monthly rate. Adult websites that are textually based, serving text information such as stories, letters and/or Frequently Asked Questions then we have no objections to hosting it so long as it does not violate any applicable local, state or federal laws.

Any site found to be violating our Adult Website Policy may be terminated without notice and without refund.

Illegal Content
SPEEDYWEBHOST.COM wishes to provide reliable and fast web hosting for anyone with the need for such a service. In using SPEEDYWEBHOST.COM clients accept the following restrictions, as well as and in addition to any future restrictions set by local, state or federal regulations:

• No posting or transmittal of hate speech, threats of physical violence or harassing content via our servers.
• No posting or transmittal of material in violation of applicable copyright laws (see below)
• No posting or transmittal of material that is legally obscene or that violates child pornography statutes; that contains any graphic or visual depictions of sexual explicit conduct involving children or that contains depictions of children where the primary appeal is prurient.
• No posting or transmittal of sexually oriented material that, in specific context, is offensive or inappropriate.
• No posting or transmittal of any bulk e-mail without prior written permission of SPEEDYWEBHOST.COM (see mail section for more information)
• No posting or transmittal of off-topic or commercial messages to forums or newsgroups via the SPEEDYWEBHOST.COM servers.
• Not to engage in illegal, unlawful or tortuous conduct or other conduct that interferes with SPEEDYWEBHOST.COM's ability to provide service or interferes with the rights of others. Such conduct includes, but is not limited to: libel, invasion of privacy, consumer fraud, unauthorized dissemination of trade secrets, violation of trademark laws, cracking, or transmittal of commercially restricted information via SPEEDYWEBHOST.COM's servers.

Anyone wishing to report a violation of our content rules and regulations or violations of applicable local, state, or federal laws should direct such reports to abuse@speedywebhost.com.

Bandwidth Usage

Each SPEEDYWEBHOST.COM account is allocated a specific amount of transfer bandwidth each month. The amount of bandwidth transferred is equal to your http, ftp, telnet, IRC and all other sessions on your IP address or domain name throughout the month. Bandwidth is measured in bits transferred and consists of both incoming and outgoing transfers. Any account exceeding their bandwidth usage during a given month will not have their service interrupted, however they will be charged an "over the limit" fee of $25.00 per 1000MB over the limit (fractionally billed). Account transfer as well as other information is given on the accounts page.

Extremely High Usage
While most companies that require hosting will fit easily into one of our accounts there are some that require special treatment. Any account, which in SPEEDYWEBHOST.COM's opinion is utilizing resources in a manner that is harming other SPEEDYWEBHOST.COM clients may have their accounts up for immediate renegotiation even if they have an extended contract. As a rough guideline any account that utilizes more than 15000MB of transfer per month will be up for renegotiation - our recommendation is for a dedicated server at this time.

Abusive Activities

Abusive activities will not be tolerated on SPEEDYWEBHOST.COM. This includes (but is not limited to): Any attempt to undermine the integrity and/or stability of any SPEEDYWEBHOST.COM system, Any harassment or other abuse of any SPEEDYWEBHOST.COM clients, Any attempt to "crack" any SPEEDYWEBHOST.COM system, copying, removing or otherwise obtaining any software that are available on the SPEEDYWEBHOST.COM systems. This includes any third party acting on the behalf of a client hosted on SPEEDYWEBHOST.COM.

Email Abuse
SPEEDYWEBHOST.COM has a zero tolerance policy on email abuse. Any attempt to use our system to propagate and/or return SPAM or U.C.E. is expressly prohibited. Any mass mailing that either is sent using a SPEEDYWEBHOST.COM address or which references a domain hosted on the SPEEDYWEBHSOT.COM system have their account suspended and/or terminated at SPEEDYWEBHOST.COM's discretion.

Please note: It is not SPEEDYWEBHOST.COM's intent to harm your ability to do business. However, every major internet backbone (UUNET, SPRINT, ETC) from which we lease our fiber-optic lines also has a strict NO-SPAM policy. Furthermore, many states (CALIFORNIA, TEXAS, AND OTHERS) currently either have anti-spam laws or are in various stages of debate on anti-spam bills. Therefore we much follow the rules.

OPT-IN email lists are expressly allowed by this policy. OPT-IN mailing lists are list compiled in which the participants have requested to receive information related to a specific content. In other words, each person on the list asked to be placed there. You may either create your own OPT-IN list or you may purchase mailings on current OPT-IN lists, which match your type of content.

SPEEDYWEBHOST.COM currently recommends the following OPT-IN mailing list companies:

• edirect.com
• postmasterdirect.com
• yesmail.com
• mail.com

Messages sent via an OPT-IN list are not considered SPAM or U.C.E. by law and are, at this time, exempt from anti-spam legislature. If you wish to use an alternate company SPEEDYWEBHOST.COM must review and approve all requests. Prior to hiring any company, including the above listed companies SPEEDYWEBHOST.COM requires that you submit notification of your intent which includes a copy of the message that will be sent, the date that the message is expected to be sent and the company you will be using to send the message. We must have this information 30 days prior to your intended release date as we will approve or disapprove each request individually. In order for additional OPT-IN list providers to be added to our recommendation list we require a legally binding statement containing how they get their addresses, who they share their addresses with and stating in clear wording that all addresses are indeed OPT-IN.

We are not responsible for the actions of our upstream provider, our internet backbone provider, our ISP, your ISP, or the ISP of the persons who receive your mailing. Each of these entities have regulations separate from ours and may pursue other actions. We have made all attempts to keep our Terms of Service in line with that of our upstream providers and our internet backbone providers - however they may change their policies at any time. Our upstream and/or backbone provider reserves the right to cancel your IP address and/or request that we remove your account from our system due to violations of their Terms of Service at any time. Please remember, you not only use our network to transmit - but everyone's between ours and the recipient.

For more information regarding SPAM or U.C.E. please see the following addresses:
http://email.about.com/internet/email/library/series/blspam_series.htm
http://www.cauce.org/

Cracking and Denial of Service
Any attempt to undermine the integrity of any SPEEDYWEBHOST.COM system, or any domain hosted on a SPEEDYWEBHOST.COM system will result in the immediate cancellation of your account without refund and/or criminal prosecution as decided by SPEEDYWEBHOST.COM staff.

Client Usage

IRC Sessions
Using the SPEEDYWEBHOST.COM system to run IRC sessions without prior permission is grounds for immediate termination without refund. SPEEDYWEBHOST.COM has setup a special account for those wishing to run IRC sessions or BOTs and such sessions may only be run on these accounts. In any case we will not act as shields for your IRC wars!

User Processes
User processes include any interactive process initiated by a user of a SPEEDYWEBHOST.COM system. These processes count toward your CPU usage quota.

CGI Processes
CGI processes include any process started via your website, such as PERL or PHP applications, database applications, etc. These processes count toward your CPU usage quota.

Background Processes
SPEEDYWEBHOST.COM does not allow detached or background processes to be executed from a non-interactive shell. All processes that are to be run in the background must be approved by the SPEEDYWEBHOST.COM technical staff prior to usage. Usually you will want such jobs to run via the CRON and we can help you set this up. Any unapproved background processes will be terminated on sight.

CRON Processes
SPEEDYWEBHOST.COM does not allow users to setup their own CRON processes, however we will be happy to setup a CRON process for you. SPEEDYWEBHOST.COM reserves the right to inspect all source code for any programs that are to be executed as CRON processes. CRON processes will not be permitted to execute more often than once per hour.

Memory Usage
In general SPEEDYWEBHOST.COM places no hard memory usage quotas on user processes. However, SPEEDYWEBHOST.COM reserves the right to terminate and disable any process that is consuming to many memory resources.

Other Information
SPEEDYWEBHOST.COM reserves the right to terminate and remove any process that violates any of our Terms of Service policies. We also reserve the right to request that you or a third party optimize any program that uses too many system resources. SPEEDYWEBHOST.COM recommends Atlas Design and Technology, Ltd. for any of your programming needs.

Support Restrictions

No Response Necessary
SPEEDYWEBHOST.COM maintains the following web pages for our users:

• System Status
• Frequently Asked Questions
• Manual

We urge all users who have support questions to first consult with the above pages. Any questions that are dealt with on these pages will solicit a "No Response Necessary" along with the address of the page on which your support question has already been addressed.

Non-Supported Areas
SPEEDYWEBHOST.COM is only responsible for support directly related to our servers and our services. While we maintain a FAQ to deal with common third party software that may be used in conjunction with our servers and services we cannot be responsible for supporting all of the vast programs which are available.

DNS and Name Server
In many situations, problems with domain names/DNS issues are directly the responsibility of SPEEDYWEBHOST.COM. DNS is a cooperative system and works solely because the parties involved in running the system agree to cooperate in the furtherance of the DNS/domain system. We will do our best to isolate the source of the problem at hand, however unless this source is hardware directly under the control of SPEEDYWEBHOST.COM, then the task of acquiring a solution will fall back into your hands.

SPEEDYWEBHOST.COM will advise when requested, but rarely intermediate in domain issues not directly related to the operation of one of our DNS servers.

Connectivity

SPEEDYWEBHOST.COM is responsible for it's server and it's connectivity to our upstream provider(s) from which we lease our fiber-optic lines. SPEEDYWEBHOST.COM guarantees a 99.5% uptime for our servers and our connectivity to our upstream providers. However, we have no control over and cannot guarantee connectivity from our backbone to any single internet system outside of our servers.

SPEEDYWEBHOST.COM may at times need to perform software or hardware maintenance or upgrades. Such work shall be performed between 12AM and 3AM EST and information regarding future upgrades or maintenance will be posted on our News and Announcements page at least 1 week prior to scheduled downtime. Said downtime does not count toward our 99.5% promise since these upgrades are necessary to provide top service for our clients.

We reserve the right to immediately remove, disconnect and delete your account due to non-payment and/or suspicious activity. We will not be liable for any damages since payment was not received within 30 days.