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Terms
of Services
Revision date: 03/01/09
All services provided by How To Make A Trebuchet ("How To Make A
Trebuchet") 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 How To Make A Trebuchet from any claims resulting from the use
of service which damages the subscriber or any other party.
Prohibited are sites that promote any
illegal activity or present content that may be damaging to How To Make
A Trebuchet' 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,
How To Make A Trebuchet 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 How
To Make A Trebuchet 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 How To Make A Trebuchet 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, How To Make A Trebuchet
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 How To Make A Trebuchet by no
later than the specified payment due date. How To Make A Trebuchet
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 How To Make A Trebuchet
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 How To Make A
Trebuchet 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 offer a 14 day Money back guarantee.
Refunds: If client has retained the services for one year and has
pre-paid How To Make A Trebuchet for such services, refunds will be
issued for any unused full month of the services, upon client's
request. Therefore, if client's account is cancelled at any point
during the one-year term, client will be entitled to a refund for the
months remaining, after notice given by the 25th day of the preceding
month.
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.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole
discretion.
Limitation of Liability
How To Make A Trebuchet shall not be responsible for any claimed
damages, including incidental and consequential damages, which may
arise from How To Make A Trebuchet ' servers going off-line or being
unavailable for any reason whatsoever. Furthermore, How To Make A
Trebuchet 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 How To Make A Trebuchet ' servers.
All damages shall be limited to the immediate termination of service.
Violations
Violations of these Acceptable Use Policies should be referred to
trebuchetplans@gmail.com. All complaints will be investigated promptly.
Failure to follow any term or condition will be grounds for immediate
account deactivation.
Disclaimer
How To Make A Trebuchet 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 How To Make A Trebuchet are
resold. Thus, certain equipment, routing, software and programming used
by How To Make A Trebuchet are not directly owned or written by How To
Make A Trebuchet. Moreover, How To Make A Trebuchet 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 How To
Make A Trebuchet sees fit.
Account Activation
By activating your account with How To Make A Trebuchet, 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 How To Make A Trebuchet 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.
How To Make A Trebuchet 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.
Privacy
Revision date: 03/01/09
How To Make A Trebuchet has created this
privacy statement in order to demonstrate our firm commitment to
privacy. The following discloses the information gathering and
dissemination practices for this Web site.
Information Automatically
Logged
We use your IP address to help diagnose
problems with our server and to administer our Web site. We use this
information for no other reason.
Order Forms
Our site uses an order form for customers to
request services. (128 bit encryption). We collect sensitive
information which is used only for our purpose, not third party
receives any type of information from us.
Contact information from the order forms is
used to get in touch with the customer when necessary.
Billing information that is collected is
used to bill the user for services.
Unique identifiers are collected from Web
site visitors to verify the user's identity.
Demographic and profile data is also
collected at our site.
We use this data to tailor our visitor's
experience at our site showing them content that we think they might be
interested in, and displaying the content according to their
preferences.
Security
This site has security measures in place to
protect the loss, misuse, and alteration of the information under our
control. We use strong SSL encryption to ensure your privacy.
Third Parties
Information collected on this site is
strictly for our use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL
INFORMATION SUCH BILLING INFORMATION, ETC.
Contacting the Web Site
If you have any questions about this privacy
statement, the practices of this site, or your dealings with this Web
site, you can contact: trebuchetplans@gmail.com
Acceptable
Use Policy
Revision date: 03/01/09
As a provider of web site hosting and other Internet-related services,
How To Make A Trebuchet offers its customer (also known as
"Subscribers") and their customers and users the means to acquire and
disseminate a wealth of public, private, commercial and non-commercial
information. How To Make A Trebuchet respects that the Internet
provides a forum for free and open discussion and dissemination of
information. However, when there are competing interests at issue, How
To Make A Trebuchet reserves the right to take certain preventive or
corrective actions. In order to protect these competing interests, How
To Make A Trebuchet has developed an Acceptable Use
Policy ("AUP"), which supplements and explains certain
terms of each customer's respective service agreement, and is intended
as a guide to the customer's rights and obligations when using How To
Make A Trebuchet' services. This AUP will be revised from time to time.
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 How To Make A Trebuchet 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 How To Make A
Trebuchet cannot monitor or censor the Internet, and will not attempt
to do so, How To Make A Trebuchet 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 How To Make A Trebuchet
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 How To Make A
Trebuchet' network and may reach a large number of people, including
both subscribers and non-subscribers of How To Make A Trebuchet,
subscribers' postings to the Internet may affect other subscribers and
may affect How To Make A Trebuchet' goodwill, business, reputation or
operations. For these reasons, subscribers violate How To Make A
Trebuchet 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 How To Make A Trebuchet, but also because it
can overload How To Make A Trebuchet' network and disrupt service to
How To Make A Trebuchet' subscribers. Also, maintaining an open SMTP
relay is prohibited. When a complaint is received, How To Make A
Trebuchet 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 How To Make A Trebuchet reserves the
right to prosecute for this violation. A $1.00 charge will be assessed
PER EMAIL sent should How To Make A Trebuchet choose to pursue and
prosecute.
Audio/Video Streaming:
Audio/Video Streaming is not hosting friendly. As such, How To Make A
Trebuchet does not allow any streaming of audio or video content.
Offending accounts will be suspended without noticed or terminated.
Adult-Oriented Content:
How To Make A Trebuchet does not allow adult content and will
suspend/terminate any offending account.
Large File Policy:
How To Make A Trebuchet 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 trebuchetplans@gmail.com.
Obscene Speech or Materials:
Using How To Make A Trebuchet' network to advertise, transmit, store,
post, display, or otherwise make available child pornography or obscene
speech or material is prohibited. How To Make A Trebuchet 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 How To Make A Trebuchet' 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:
How To Make A Trebuchet 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 How To Make A
Trebuchet 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. How To Make A Trebuchet will not, as an ordinary practice,
monitor the communications of its subscribers to ensure that the comply
with How To Make A Trebuchet' policy or applicable law. However, when
How To Make A Trebuchet 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 How To Make A Trebuchet.
How To Make A Trebuchet is also aware that
many of its subscribers are themselves providers of Internet services,
and that information reaching How To Make A Trebuchet' facilities from
those subscribers may have originated from a customer of the subscriber
or from another third party. How To Make A Trebuchet does not require
its subscribers who offer Internet services to monitor or censor
transmissions or web sites created by customers of its subscribers. How
To Make A Trebuchet reserves the right to directly take action against
a customer of its subscribers. Also, How To Make A Trebuchet may take
action against the How To Make A Trebuchet' subscriber because of
activities of a customer of the subscriber, even though the action may
affect other customers of the subscriber. Similarly, How To Make A
Trebuchet anticipates that subscribers who offer Internet services will
cooperate with How To Make A Trebuchet in any corrective or preventive
action that How To Make A Trebuchet deems necessary. Failure to
cooperate with such corrective or preventive measures is a violation of
How To Make A Trebuchet policy.
How To Make A Trebuchet 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. How To Make A Trebuchet
may, however, monitor its service electronically to determine that its
facilities are operating satisfactorily. Also, How To Make A Trebuchet
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. How To Make A Trebuchet 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, How
To Make A Trebuchet may disclose subscriber information or information
transmitted over its network where necessary to protect How To Make A
Trebuchet and others from harm, or where such disclosure is necessary
to the proper operation of the system. However, How To Make A Trebuchet
will never sell information to other services or outside companies.
How To Make A Trebuchet 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 How To Make A Trebuchet policy. Finally, How To Make A
Trebuchet wishes to emphasize that, in signing the Service Agreement,
subscribers indemnify How To Make A Trebuchet for any violation of the
Service Agreement, law or How To Make A Trebuchet policy resulting in
loss to How To Make A Trebuchet or the bringing of any claim against
How To Make A Trebuchet by any third party. This means that, if How To
Make A Trebuchet 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 How To Make A Trebuchet, plus costs and
reasonable attorney's fees.
We hope this AUP is helpful in clarifying
the obligations of Internet users, including How To Make A Trebuchet
and its subscribers, as responsible members of the Internet. Any
complaints about a subscriber's violation of this AUP should be sent to
Trebuchet
Email
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