DataPunch.com (updated 07/1/2008)

DataPunch.com Use Policy
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DataPunch.com provides web hosting to many clients, and we have a responsibility to protect each client while providing the best services available. The following guidelines were established to ensure these obligations are met.

CONTENT:

All services provided by DataPunch.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 DataPunch.com and its employees 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 DataPunch.com servers. This includes sites that may infer sexual content, or links to adult content elsewhere. DataPunch.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 DataPunch.com 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
  
• Pornography (of any nature)
  
• Hate/Race related inflammatory content

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

We also do not permit any of the following:

Sites offering high volume downloads:
This is any site where 60% or more of their monthly traffic is from file downloads and not website content.

Sites using more than 20% of system resources:
DataPunch.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 DataPunch servers directly or using an E-mail address or Domain that is maintained on our machines or a reference to an E-mail address or Domain that is maintained on our machines is STRICTLY PROHIBITED.  DataPunch.com will be the sole arbiter as to what constitutes a violation of this provision. Accounts in violation of our spamming policy WILL BE DELETED WITHOUT NOTICE.

Chat Rooms &  Message Boards:
We do not allow clients to install their own "CGI Chat rooms or Message boards". These tend to be a large drain on system resources and we cannot allow it as an account option. CGI Chat rooms are absolutely prohibited in all situations. Please contact us should you wish to install your own Message Board or Chatroom.

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 may be incurred based on system resources used and operational maintenance needed. We reserve the right to refuse such programs as well.  DataPunch.com will be the sole arbiter as to what constitutes a violation of this provision.

IRC:
We do not allow IRC or IRC bots to be operated on our servers. No exceptions.

Shell Access:
Shell access is a privilege not automatically setup on accounts.  If you wish to have shell access on your account you must request it from support. You will not be charged extra for this feature however you will be asked to explain your need for shell access and it will be monitored. You may also be required to fax a current photo ID.

Sub-Domain Usage:
All users have use of unlimited sub-domains. This is intended for personal use. Anyone offering free sub-accounts will have sub-domains removed.  Of course giving your friends and family free accounts is not a big deal. If we see that you are advertising free accounts to the public then we have a problem.

Server Abuse:
Any attempt to undermine or cause harm to a server, or to a customer or customers of DataPunch.com is strictly prohibited. Sharing your accounts resources with another domain is strictly prohibited. This means you are not permitted to host a message board, chat room or other resource intensive program for another domain. Pictures and other typical website files linked for download are acceptable. DataPunch.com will be the sole arbiter as to what constitutes a violation of this provision.

Refusal of Service:
We reserve the right to refuse, cancel, or suspend service at our sole discretion. DataPunch.com will be the sole arbiter as to what constitutes a violation of this provision.

Uniform Domain Name Dispute Resolution Policy:
All Domain Name Registrations are made through an ICANN accredited registrar. All DataPunch.com clients must agree to and abide by the Rules For Uniform Domain Name Dispute Resolution Policy as approved by ICANN on October 24, 1999. In the event of any domain name dispute, these are the resolution guidelines that are to be followed by for matter of resolution between parties.

LIMITATION OF LIABILITY:
DataPunch.com shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from DataPunch.com servers going off-line or being unavailable for any reason whatsoever.

Furthermore, DataPunch.com 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 DataPunch.com servers.

All damages shall be limited to the immediate termination of service.

Violations of these Acceptable Uses Policies should be referred to: (Please open Ticket)

All complaints will be investigated promptly.

Failure to follow any term or condition will be grounds for immediate account deactivation.

ACCOUNT ACTIVATION:
By activating your account with DataPunch.com, you agree to the above policies and disclaimer. Upon requesting an account activation, 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 within your account information.

NOTICE: If you sign up for an account and do not follow our terms. You account may be canceled at our discretion. No refunds will be given to violators. Normally we would let a client know by Email or phone before any action is taken you will have a chance to resolve the matter but this is at our discretion depending on the severity of violation of these terms.

As long as the domain is hosted and maintained by DataPunch.com you will enjoy the low discounted domain fee as low as $2.99 per year. Should you choose to no longer host with us but would like keep the domain the normal $19.95 per year domain renewal rate applies. You will have complete domain access to alter your domains DNS to point to any host you wish to use.

BILLING POLICY:
Your account may or may not be automatically charged according to the billing cycle and billing method you select. Accounts may be charged up to 10 days before the anniversary date of the billing cycle.

CANCELLATION POLICY:
To protect our clients, all cancellations will be verified before canceling and deleting your account. You can not cancel by phone. Please open a Sales/Support ticket and include the following..
(1) Domain Name
(2) Account Owners name
(3) Account Number
(4) E-mail address your account was signed-up with.
(5) Reason for cancellation.

ACCOUNT REFUND POLICY:
If the client cancels service, certain fees will not be refunded:

Domain fees: NOT REFUNDABLE

HOSTING FEE REFUND POLICY IS AS FOLLOWS:
All hosting fees paid in advance will be refunded according to the amount of time hosting service will not used rounded to the nearest unused month. We will not refund a client for time when the account was active on our servers for any reason.

ACCOUNT UPGRADES AND DOWNGRADES
Accounts may be upgraded at anytime by contacting sales You may not downgrade an account within 3 months of upgrading. To downgrade an account contact sales