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Website Hosting Services Agreement & Acceptable Use Policy

Continuation of Terms and Conditions (Click here for the starting page)

This Website Hosting Plan Agreement (this “Hosting Plan Agreement”) sets forth the terms and conditions of the Website Hosting Plan (the “Plan”). This Hosting Plan Agreement is a continuation of the Agreement when you purchase Website Hosting Services from SbOGB.com.

Solutions by O.G. Brown, LLC is a reseller of web hosting services. By signing up for web hosting services from SbOGB.com your organization agrees to abide by the policies of our sub-contractors’ also. Further your organization agrees that SbOGB.com is the only point of contact for managing hosting services and will be your sole authorized representative to it’s web services providers during the contracted service period.

Scope of Services and Your Obligations

Scope

This Agreement defines the terms and conditions of SbOGB.com’s services as offered including the provision of web hosting services on our servers and connectivity to the Internet (the “Services”). SbOGB.com will provide the Services for the amount of server storage space selected in exchange for payment of fees and full compliance with the terms and conditions of this Agreement. In performing the Services, SbOGB.com maintains control and ownership of any and all Internet protocol (“IP”) numbers and addresses that may be assigned to you and reserves the right to change or remove any and all IP numbers and addresses at its sole discretion.

Services

SbOGB.com provides the hosting services and pricing found on out Hosting Plan page.

Uploading Materials

You are responsible for producing, electronically uploading and maintaining HTML files, execution scripts, applets and applications (the “Upload Materials”) to your website, and you hereby warrant that all Upload Materials shall be owned or properly licensed by you and shall not adversely impact the Services or violate any rights of any third parties. You are responsible for ensuring that all Upload Materials will function properly and as intended. You are responsible for all activity originating from your website, unless proven to be a victim of outside hacking or address forgery. You assume responsibility for all material on your website that may be put on by a third party (such as the usage of Free For All links pages). Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols, and software, which can vary depending on your anticipated use and desired content of your website, and includes, but is not limited to, the following: web publishing requires knowledge of HTML, properly locating and linking documents, FTPing web contents, graphics, text, sound, image mapping, etc.; FrontPage web publishing requires knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability; CGI-scripts requires knowledge of the UNIX environment, tar & gunzip commands, Perl, CShell scripts, permissions, etc.; and mail requires knowledge of use of mail clients to receive and send mail, etc. You acknowledge that you have the necessary knowledge to create, modify and maintain your website. SbOGB.com assumes no responsibility to provide you with such knowledge.

Site Tools Ownership

In connection with the Services, SbOGB.com may provide for your use certain tools and software, including, but not limited to, certain specialty scripting software and/or certain programming language software for designing websites (collectively, the “Tools”). Access to these Tools may be accessed by you via your Control Panel. These Tools are copyrighted and proprietary property owned by SbOGB.com or our subcontractors. To the extent that such Tools are provided to you, you are granted a nonexclusive, nontransferable license to use the Tools in object-code form only for your internal use, solely in connection with the Services provided under this Agreement.

Server Backups

For server restoration purposes only, we makes full back-ups of websites weekly, and backups of new/changed SQL data nightly; however, SbOGB.com makes no guarantees of any kind, either expressed or implied, as to the integrity of these back-ups. You are responsible to maintain local copies of your website. If loss of data occurs due to an error of SbOGB.com, SbOGB.com will attempt to recover the data for no charge. Otherwise, SbOGB.com will attempt to recover the data from the most recent archive at a $60/hour rate ( 1 hour minimum).

Content Ownership

Websites are unmodified forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the content of websites located on our subcontractors’ servers nor the links to other websites are screened, approved, reviewed or endorsed by SbOGB.com. SbOGB.com is not a publisher of any of the content of websites, or of any content that may be available through the links to and from them, and is acting solely as Internet web-hosting service providers. The text and other material on such websites are the opinion of the specific author and are not SbOGB.com’s statements of advice, opinion or information.

Acceptable Uses

Use and Misuse of the Services

All complaints of abuse, violation and misuse of the Services, whether described in this Section 4 or otherwise, shall be investigated promptly. If you are not sure if your actions will be an abuse, violation or misuse, please ask first: abuse@sbogb.com.

You are responsible for all use of your website, with or without your knowledge or consent.

You agree to use the Services only for lawful purposes, in compliance with all applicable laws. 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.

When SbOGB.com become aware of possible violations of this Agreement, SbOGB.com may initiate an investigation that may include gathering information from you and the complaining party, if any, and examination of material on our subcontractors’s servers. SbOGB.com, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of this Agreement could subject you to criminal or civil liability.

BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD SbOGB.com HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY SbOGB.com AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES WHATSOEVER FROM SbOGB.com AS A RESULT OF SbOGB.com’s DECISION TO REMOVE MATERIAL FROM ITS SERVERS, WARN YOU, SUSPEND OR TERMINATE YOUR ACCOUNT, OR TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF SbOGB.com’s CONCLUSION THAT A VIOLATION HAS OCCURRED. THIS WAIVER APPLIES TO ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT.

Use and Misuse of Materials

Materials in the public domain (e.g., images, text, and programs) may be downloaded or uploaded using the Services. You may also re-distribute materials in the public domain. You assume all risks regarding the determination of whether the material is in the public domain.

You are prohibited from storing, distributing or transmitting any unlawful material through the Services. Examples of unlawful material include, but are not limited to, threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. Pornography and sex-related merchandising, or links to such material, even if legal, are not acceptable uses of our sub-contractors’ servers. You may not post, upload or otherwise distribute copyrighted material on our sub-contractors’ servers without the consent of the copyright holder.

Unacceptable uses of website content also include the presence of the following programs or the activities associated with them, regardless of whether or not any actual intrusion results in the corruption or loss of data: server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network; attempts 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, and forging router information; denial of service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land and teardrop; promulgation of viruses; and IRC bots, such as eggdrop or BitchX.

SbOGB.com supports free speech on the Internet and will not suspend or cancel your account simply because we disagree with your views expressed at your website. However, examples of unacceptable activities include posting private information about a person without his or her consent, defaming a person or business, and knowingly making available code that will have a deleterious effect on third-party computers. Where there are allegations that your on-line activity has violated the legal rights of a third party, SbOGB.com will not substitute itself for a court of law in deciding tort claims raised by the third party.

Email Use

Unacceptable affronts to netiquette and unacceptable activities include, but are not limited to, the following: spamming (sending unsolicited advertising to those with which you have no existing business relationship and posting off-topic advertising in newsgroups); spoofing (using a return email address that is not the valid reply address of the sender or sending an email message that does not contain enough information to enable the recipient to identify you); passive spamming (promoting a website hosted by SbOGB.com 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 or sending large or multiple files to a user); generating a higher volume of outgoing mail than a normal user (over 10% of available system resources); propagating chain letters; and subscribing someone else to an electronic mailing list without that person’s 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 distribute unsolicited email. If you are repeatedly mailbombed or attract such behavior, the Services will be terminated.

You should not send email to any user who does not wish to receive it, either at SbOGB.com or elsewhere. SbOGB.com recognizes that email is an informal medium; however, you must refrain from sending further email to a user after receiving a request to stop.

SbOGB.com reserves the right to zip (compress) any customer email box that exceeds 50 megs in size. Customers with zipped boxes will be notified and instructed on how to access or download their zipped email files. If zipped boxes remain unaccessed for 30 days SbOGB.com reserves the right to delete the email box.

You may not alter the headers of email messages to disguise their identity or to prevent users from responding to the messages. SbOGB.com may disclose the usernames of accounts responsible for forged email messages to system administrators or users requesting the information.

Violations of the SbOGB.com policies outlined herein can sometimes result in massive numbers of email responses. If you receive so much email that SbOGB resources are affected, SbOGB.com staff may shut down your mailbox.

SbOGB.com reserves the right to subscribe to multiple RBLs (real-time blocking lists) and other server-wide spam and virus fighting measures we deem necessary to automatically block known open SMTP relays and known spamming relays. As per Section 2, SbOGB.com will not be liable for any costs or damages associated with any failure to receive legitimate email due to our spam fighting procedures. Clients do have the option to request relocation of their service to a non-RBL configured server by contacting SbOGB.com support.

System Security

You are prohibited from utilizing the Services to compromise the security of system resources or accounts on servers at SbOGB.com or at any other site. Use or distribution of tools designed for compromising security or containing viruses or trojans are prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

If you are involved in violations of system security, SbOGB.com reserves the right to release all usernames of users involved in such violations to system administrators at other sites in order to assist them in resolving security incidents. SbOGB.com will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.

System Resources

System abuse includes any use of SbOGB.com resources that disrupts the normal use of its servers or services for others. Examples of system abuse include running excessive numbers of processes or consuming excessive amounts of CPU time, memory or disk space.

Any usage of 10% or more of SbOGB.com’s system resources is an undue burden on SbOGB.com’s system and is unacceptable. If your usage ever exceeds 10% of system resources, your account may be terminated immediately and without prior notice.

Further, running programs in the background on a SbOGB.com server without SbOGB.com’s prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, more then 1,000 emails a day and the like are not acceptable uses of SbOGB.com’s servers.

Due to their use of flat files instead of databases, SbOGB.com does not allow the use of UBB or YABB bulletin boards. Use of these boards for large or very active forums may result in system performance degradation, and cannot be allowed in our shared server environment. SbOGB.com suggests using VBulletin or phpBB as more efficient, database-driven alternatives to these bulletin boards.

Miscellaneous

You may not assign your rights and obligations under this Agreement without the prior written consent of SbOGB.com, which may be withheld at SbOGB.com’s discretion. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of SbOGB.com to require your performance of any provision hereof shall not affect the right to require such performance thereafter; nor shall the waiver by SbOGB.com of a breach of any provision hereof be taken or held to be a waiver of the provision itself. Any action for any claim arising under, or in connection with, this Agreement must be commenced by you within one year after the alleged cause of action has accrued or after the date of termination of this Agreement, whichever is earlier. In the event that any provision of this Agreement is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of this Agreement. Such provision may be amended or replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the parties as reflected in the original provision. No provision of this Agreement may be amended or modified by you except by means of a written document signed or expressly assented to by SbOGB.com. All terms and conditions of this Agreement that should by their nature survive termination of this Agreement shall so survive. This Agreement and the Online Order form or Memorandum of Agreement, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and SbOGB.com and supersede and govern all prior proposals, agreements, or other communications.

Dedicated Servers and root access

Client may install or permit others to install, any operating, or Internet connectivity software, or interfaces, enhancements or upgrades thereto or to the Software, on the Server. Failure to permit upgrades to the installed customized versions of certain third party software or Client alterations made to certain third party software including Apache, PHP (including building support into Apache Linux Kernel upgrades), system libraries, or MySQL upgrades may adversely affect server performance. Any and all costs for work required to remedy corruption to data, damage to Hardware or Software, or other harm resulting from installation, modification or deletion of any software or other files by Client shall be Client’s sole responsibility, and Client shall indemnify SbOGB.com in full for same. Without limiting the generality of the foregoing, Client agrees that installation, modification or deletion of files that results in or contributes in any way to any outage or damage to any Hardware, Software or Services shall result in liability to Client for technical support costs at a rate of $200 per hour until the issue caused by the activity is resolved to SbOGB.com’s sole satisfaction. Under no circumstances shall SbOGB.com be required to provide any support with respect to any software or other files installed, modified or deleted by Client with or without SbOGB.com’s consent.

Client shall comply, and shall cause all Client Customers or other third parties gaining access to the Hardware or Software through Client to comply, with SbOGB.com’s then-current acceptable use and privacy policies (collectively, “User Policy”), as they may reasonably be amended by SbOGB.com from time to time and which are available through SbOGB.com’s Web site at http://solutions.ogbrownphoto.com/support/webpolicy.html. In the event of any conflict between such Acceptable Use Policies and any terms and conditions of this Agreement, this Agreement shall govern. SbOGB.com reserves the right to lock out, suspend or shut down any domains or Web sites that violate any Acceptable Use Policy.

Please note that backup practices differ with dedicated servers depending on the type of service purchased. See the Dedicated Server web page for more details.

SbOGB.com has a responsibility to ensure that each of our clients is provided with the best services we have available. While we back up files continuously, we are in no way responsible for the archiving of a site. It is the sole responsibility of the site creator to copy, back-up or archive all files that constitute a web site.

Miscellaneous

Content Additional Information

All services provided by SbOGB.com 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 and other statute. The subscriber agrees to indemnify and hold harmless SbOGB.com from any claims resulting from the use of the service, which damages the subscriber or any other party.

Pornography and sex-related merchandising is prohibited on all SbOGB.com servers. This includes sites that may infer sexual content or links to adult content elsewhere. SbOGB.com will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to SBOGB 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

SbOGB.com will be the sole arbiter as to what constitutes a violation of this provision.

Traffic/ Hits / Bandwidth Policy

SBOGB accounts are provided with the following traffic allowances:

Standard
15000 megabytes (10 GIGS)

Bandwidth usage is a simple equation – number of visits times information sent in each visit. Since the average web page is about 50K in size, 10G equals roughly 100,000 page downloads a month! Larger files will increase traffic usage, but 10G bandwidth provide enough capacity for 99% of all web sites on the Internet, and if your site is becoming the next Yahoo, simply request SbOGB.com to increase your bandwidth at $7 a gig/month. To maintain the integrity of our service, the following will be considered violation of our Acceptable Use Policy, subject to immediate suspension:

  • Sites offering download files. (This is any site where 20% or more of their monthly traffic is from file downloads)
  • Sites using more than 20% of system resources.
  • SbOGB.com will be the sole arbiter as to what constitutes a violation of this provision.

Commercial Advertising – Email

Spamming, or the sending of unsolicited email, from SbOGB.com or our service provider’s servers or using an email address or domain that is maintained on an SbOGB.com machine as reference is STRICTLY prohibited. SbOGB.com will be the sole arbiter as to what constitutes a violation of this provision.

Chat Rooms

We do not allow clients to install their own chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option.

Background Running Programs

We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

IRC

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

Domain Pointing

Domain pointers are to be used for the purpose of having more than one way to find the same site, not for the purposes of sharing an account among multiple sites. A domain pointer may not be set up to reference a subdirectory within an existing Web hosting account served by SbOGB.com or any other provider.

Server Abuse

Any attempt to undermine or cause harm to a server, or customer, of SbOGB.com or our subcontractors is strictly prohibited, and will result in immediate termination or prosecution.

Continuation of Terms and Conditions (Click here for the starting page)