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Definition of Terms

"account" is defined as the provision of an amount of data storage and processing capability on servers operated by SystemLogix in the carrying out of its business activities as a web hosting provider.

"account holder" is defined as the person, persons, company or organisation under which an order for an account has been placed and fulfilled, regardless of whether a financial sum has been paid in exchange for that order fulfilment.

"client" has an idenitcal definition as for "account holder" above.

"account data" is defined as all data stored on one or more of SystemLogix's servers in an area specifically and exclusively reserved for data generated by, uploaded by, or otherwise created or stored by, the activities of the account holder, automated or otherwise. This includes data in the home directory of the account holder and data stored in database tables created by the account holder to which the account holder has been legitimately granted access.


Terms of Service

Unacceptable Activities


These include spamming (sending unsolicited advertising to those with which the customer has no existing business relationship, posting off-topic advertising in newsgroups); spoofing (using a return email address which is not the valid reply address of the sender or sending an email message which does not contain enough information to enable the recipient to identify the party who is really sending the message; passive spamming (promoting a web site hosted by SystemLogix 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), generating a higher volume of outgoing mail than a normal user (20% or more of available system resources), 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 distributed unsolicited email. Any customer repeatedly "mailbombed" or that attracts such behavior will be asked to leave. If you are not sure if your actions will be in violation, please ask first This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Age

The client must be at least 18 years of age to obtain our service.

Abuse of the legal rights of others

Examples of unacceptable activities in this regard include posting private information about a person without their consent, infringing intellectual property rights, defaming a person or business, and knowingly making available code which will have a deleterious effect on third party computers. SystemLogix supports free speech on the Internet, and will not suspend or cancel a customer's account simply because it disagrees with the views expressed by the customer. Where there are allegations that a customer's on-line activity has violated the legal rights of a third party, SystemLogix will not substitute itself for a court of law in deciding tort claims raised by the third party.

Abuse of the law

SystemLogix's services may be used for lawful purposes only. Illegality includes but is not limited to: drug dealing; attempting without authorisation to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEG's, 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; Linking to illegal material is also prohibited. SystemLogix reserves the right to check system files, email, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary.

Pornography

Pornography, or links to such material, even if legal, is not an acceptable use of SystemLogix's servers.

Abuse of SystemLogix's Server Resources

Running programs in the background on a SystemLogix's server without SystemLogix's prior written authorisation, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses of SystemLogix's servers. Further, any usage of twenty percent (20%) or more of our system resources is an undue burden on our system and is unacceptable. If your usage ever exceeds twenty percent (20%) of system resources, you will be contacted and asked to eliminate the problem.

Hacking/Cracking

SystemLogix reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution.

Other Behaviour

The following examples of unacceptable behavior are non-exclusive, and are provided for guidance purposes. If you are unsure if your actions will be a violation of our policies please ask This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network Attempt 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, forging router information, Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land, teardrop. Promulgation of viruses. IRC bots such as eggdrop or BitchX. Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken. The presence of any of these programs, whether or not run, will result in action against the user including suspension or termination.

Client Responsibility

The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. Use of SystemLogix's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of SystemLogix to provide this knowledge or support outside matter specific to SystemLogix's servers.

Client Data

All reasonable measures have been taken to keep the server(s) that the account holder's data is stored on secure. However, the account holder is the data controller for any personal data collected or stored on the account, and the primary responsibility for keeping that data secure rests with the account holder.

It is the responsibility of the account holder to ensure that they are in compliance with all relevant legislation applicable to the storage and processing of their account data.

The account holder's actions in using their SystemLogix account, including but not limited to, the installation of software on that account, and configuration changes the account holder may make or request that SystemLogix make on their behalf may have an impact on the security of the account holder's data, foreseen or otherwise.

Consequently, we cannot accept responsibility for any lapse in account data security that occurs on the account holder's account. SystemLogix will not be held liable for any damages, material or otherwise, resulting from such a lapse.

We recommend that the account holder, as data controller for the data in question, take appropriate mesures to ensure that account data is rendered unintelligible to a third party should the security of the account in question become compromised.

We undertake not to make use of any of the personal data that an account holder has collected, stored or otherwise placed on their account. We may inspect account data as part of routine server management.

We may make automated copies of account data for backup purposes only, although we make no guarantee that we will do so. If such copying requires the re-transmission of account data to another server, that re-transmission will occur over an encrypted link. Any such copies will not be released to a third party.

We undertake not to release account data to a third party, except where, and with prior consent of the account holder, doing so is required as part of routine server management undertaken by an external contractor in which case that external contractor will be under an obligation not to use, copy or release the account data to any other person or organisation.

Account data may be released to governmental and law enforcement agencies if such a release is in accordance with the law.

Backups

It is the clients' responsibility to maintain local copies of their web content and any other information held on their account. If loss of data occurs due to an error of SystemLogix, SystemLogix will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, SystemLogix will attempt to recover the data from the most recent archive.

IP Numbers

SystemLogix maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

Limitation Of Liability

SystemLogix shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from SystemLogix's servers going off-line or being unavailable for any reason whatsoever. Further, SystemLogix 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 SystemLogix's servers. All damages shall be limited to the immediate termination of service.

SystemLogix shall be the sole arbiter of what is and is not a violation of these acceptable use policies. SystemLogix reserves the right to terminate an account at any time and for any reason that causes harm to any SystemLogix customer's web sites. SystemLogix reserves the right to delete all content and files upon termination. SystemLogix reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. SystemLogix reserves the right to refuse, cancel, or suspend service at our sole discretion.

SystemLogix reserves the right to change these Policies without prior notice or warning. Non-enforcement of any part of these Policies does not constitute consent.
Violations of these Policies should be referred to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
All complaints will be investigated promptly.

 
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