SepCity Service Agreement

Service Agreement


Adult Content
Due to the high system and network demands of adult-oriented sites or links, pornography and sex-related merchandising are prohibited. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.

Backup Files
SepCity keeps daily system backups, but cannot guarantee the content is up-to-date. SepCity will only restore files from backup due to server or hardware failure. It is the customer's responsibility to have a full backup of their website.

CGI Scripts
Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

Chat Rooms
SepCity does not allow customers to install chat rooms on their own. Chat rooms tend to require significant system resources and therefore must be approved prior to installation. We provide a chat room option in our Portal / CMS Software that you are free to use.

Security
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of SepCity servers and network; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; spoofing or modifying of any TCP-IP packet header or any other header information in an email or a newsgroup posting; Making unauthorized changes to system settings.

Server Abuse
Any attempts to undermine or cause harm to a SepCity server or customer are strictly prohibited.

Software Distribution
SepCity shared hosting accounts are not configured for the purposes of distributing software and/or multimedia files. Such use is prohibited. Using our service as a FTP archive is strictly prohibited.

Server Resources
Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required) or reduce the resources used to an acceptable level.

SepCity shall be the sole arbiter of what is considered to be a high server usage level. Any web hosting account deemed to be adversely affecting server or network performance will be shut down without prior notice.

Clients shall not make unauthorized changes to system settings that affect resources allocation.

All allocated server resources shall be used solely for web sites hosted by SepCity.

SPAM/Unsolicited Email/Bulk Emailing
Spamming, Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material ("e-mail Spam").

This includes, but is not limited to,

  • Bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain.
  • Forging, altering or removing email headers is prohibited.
  • Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing").
  • Spamming, Cross posting, or sending a message to many different off-topic Usenet newsgroups.
  • Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.
  • Providing spamware (software used to send bulk email or software used to harvest email addresses) or links to sites providing spamware.
  • Using of services of another provider (including but not limited to the use of address lists obtained from a third party vendor or provider) to promote a web site hosted by or through SepCity is strictly prohibited.
  • There is a 500 Email limit that can be sent out within a 24 hour period.
  • Using SepCity’s services for email address harvesting.
  • SepCity will be the sole arbiter as to what constitutes a violation of this provision. Violators will be assessed a minimum fine of $300 and/or immediate suspension of service and without refund.

Unacceptable Content
Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; or other intellectual property rights used without proper authorization; material that is obscene, defamatory, or constitutes an illegal threat. Examples of unacceptable content or links include: Warez sites, hacker programs, MP3, and IRC bots.

SepCity reserve all rights to refuse such content from our servers.

Web Cams
Any Web Cams that keep FTP sessions open are not allowed on our servers.

Copyright Violations

The Digital Millennium Copyright Act ("DMCA") sets forth the requirements for valid copyright infringement notification. If you would like to notify SepCity of an infringement of your copyright, the DMCA requires that you send your notification to SepCity designated agent by sending an email by clicking here.

Include in your notification the following information

1. A physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant")

2. Identification of the copyrighted work(s) claimed to have been infringed

3. Identification of the material claimed to infringe the copyright(s), and enough information for SepCity to locate it

4. The Claimant's name, address, and telephone number(s)

5. A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent

6. A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner

7. No source code is available for our portal software, AutoSubmit, or Google Sitemap Generator


Actions Taken by SepCity

The failure by a customer to meet or follow any of the above Terms of Use is grounds for account suspension. SepCity will be the sole arbiter as to what constitutes a violation of the Terms of Use. SepCity reserves the right to remove any account without prior notice.

SepCity may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, SepCity will notify the appropriate law enforcement authorities of such violation.

SepCity does not issue credits for outages incurred through service disablement resulting from Terms of Use violations.


Disclaimer

SepCity customers agree to indemnify and hold harmless SepCity from any claims resulting from the use of our services that damages them or any other party. The SepCity service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of Merchantability, fitness for a particular purpose or non-infringement. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by SepCity and its employees.

SepCity expressly disclaims any representation or warranty that the SepCity service will be error-free, secure or uninterrupted.

No oral advice or written information given by SepCity, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. SepCity and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

SepCity reserves the right to terminate any customer account for inappropriate conduct

ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF SEPCITY MUST ADHERE TO THE ABOVE POLICIES.

FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.

SEPCITY RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.