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Terms of Service
Usage of our services requires agreement with the following policies. You are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are to be avoided. Common sense is the best guide as to what is considered acceptable use.
Scotonline(c) and Scot online(c) are one in the same, hereafter know as Scotonline(c).
The Scotonline Usage Policy has been developed with the following objectives:
· Ensure security, reliability and privacy of scotonline's systems and network, and the networks and systems of others
· Preserve the privacy and security of individual users
· Encourage the responsible use of net resources and discourage practices which degrade the usability of network resources and thus the value of Internet services
· Maintain the image and reputation of Scotonline as a responsible provider
· Avoid situations that may cause Scotonline to incur civil liability
We expect our Customers to use the Internet with courtesy and responsibility and to be familiar with and to practice good Internet etiquette. By adhering to the following policies, our customers are protecting the rights and privileges of all Internet users. Scotonline reserves the right to change/amend this agreement at any time, without prior notice.
VIOLATION OF ANY OF THE FOLLOWING POLICIES IS STRICTLY PROHIBITED AND MAY RESULT IN IMMEDIATE TERMINATION OF ALL ACCOUNTS.
General Conduct
1. Customers may not engage in tortious conduct including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent, illegal pornography, intentionally inflicting emotional distress, or making physical threats against another person via email, news, or any other electronic media/service we provide.
2. Customers are prohibited from transmitting on or through any of scotonline's services, any material that is, in scotonline's sole discretion, unlawful, threatening, abusive, libellous, or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or international law, statute or regulation.
3. scotonline's services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state or local regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute, law or regulation. Scotonline reserves the right to remove such illegal material from its servers. Users/accounts cannot "represent (in the sole judgment of Scotonline) an unusually large burden on the network. "Scotonline also reserves the right to discontinue services to servers which compromise the network integrity.
4. Scotonline will not be held liable beyond one month’s cost in service for any service outages.
5. The Customer is responsible for providing and maintaining accurate and up-to-date billing information. Furnishing false data on the signup form, contract, or online application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.
6. Scotonline reserves the right to discontinue service to any customer without any advance notice.
7. Scotonline reserves the right to discontinue (with no refund) any account/server that hosts any illegal or copyrighted material without any notice.
8. Standard and special service prices subject to change after their monthly or annually rate has been fulfilled. 9. All bespoke and custom website design deposits are non refundable for work allready underway and if original work is expanded by additional options and time requirements, then we reserve the right to ask for interim payment on balances.
System and Network Usage Email
1. Harassment, whether through language, frequency, or size of messages, is prohibited.
2. Customers may not send any email that has not been solicited. If a recipient asks to stop receiving email, the customer must not send that person any further email.
3. Customers are explicitly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing of unsolicited commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it.
4. Customers may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings.
5. Malicious email, including but not limited to "mail bombing" (flooding a user or site with very large or numerous pieces of email) and "trolling" (posting outrageous messages to generate numerous responses) is prohibited.
6. Forging of header or any other information is not permitted.
7. Subscribing someone else to a mail list or removing someone else from a mail list without that person's permission is prohibited.
8. Scotonline accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Usage Policy or the usage policy of that other provider.
9. These rules apply to other types of Internet-based distribution mediums as well, such as RLG's Ariel system (a system for sending FAX-like documents over the Internet).
10.Customers may not send Usenet spams (i.e. publicizing their site in a large number of newsgroups that are irrelevant to the topic of the site).
11.Customers may not operate an Open-relay mail server.
NOTE: Scotonline, Inc. operates under a strict one-warning policy regarding unsolicited e-mail, unless the violation is of such nature that the account, in our sole discretion requires immediate termination, in which event service will be immediately terminated.
Security
1. Customers may not attempt to circumvent user authentication or security of any host, network, or account ("cracking"). This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, or probing the security of other networks.
2. Customers may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, overload of a service, and any activity resulting in the "crash" of a host.
3. Customers may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet.
4. Customers must safeguard their account passwords to prevent unauthorized access to their account. Customer is liable for all resource fees incurred under customer's account. If customer grants public write permissions to customer's account, customer is liable for fees for disk space consumed by any others writing to the account.
5. Users who violate systems or network security may incur criminal or civil liability. Scotonline will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Bandwidth Usage
1. If the customer wishes to change their bandwidth allocation, they must notify Scotonline before the next billing cycle.
2. Scotonline will charge $.50 per GB for every GB used above the allocated amount.
Privacy
1. Scotonline will not sell or knowingly disclose its customer lists or customer email or listserv address lists. We will attempt to protect the privacy of our customers and their information that is stored on our network. Scotonline will only access and disclose information as necessary to comply with applicable laws and government requests, to operate and maintain our systems and services, or to protect ourselves or our customers.
2. Scotonline will not monitor or disclose a customer's private email messages unless required by court order or law. We will cooperate with the authorities and will notify such authorities if it suspects that a customer is engaged in illegal activities.
Material and Product Requirements
1. Customers must ensure that all material and data placed on scotonline's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation on scotonline's part. We shall make no effort to validate this information for content, correctness or usability. In the event that the Customer's material is not "server-ready", we have the option at any time to reject this material. Scotonline will notify the customer immediately of its refusal of the material and afford the customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Scotonline.
2. Use of scotonline'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 customer's Web space. Customers must have the necessary knowledge to create and maintain a Web space. It is not the responsibility of Scotonline to provide this knowledge or customer support outside of the service defined in the Service Agreement.
Delinquent Accounts
1. Scotonline reserves the right to take a server offline as soon as it is past due. Payment for the service is due on the first day of the billing cycle. Please email billing@scotonline.com if you are uncertain as to what your billing cycle is.
2. Once a Server is delinquent and taken offline, there will be a $30 reactivation charge to put the server back online unless the server has been reinstalled.
3. Once a server is offline for more than 7 days, Scotonline reserves the right to reuse the server for another customer. If, at this point, the customer wishes to be re-setup, they will be responsible for paying a $70 reactivation fee and will not have any of their old data backed up.
Customer Responsible for Backups
Unless we are offering a backup solution for the customer, the customer is responsible for maintaining a backup copy of customer's files elsewhere to ensure recovery in the event of loss or damage to customer's files. At customer request Scotonline may make periodic backups of all files, but makes no guarantees of any kind, either expressed or implied, as to the integrity of these backups. Should the file loss be due to some error on the part of Scotonline, Scotonline will attempt to recover the files from their most recent archives at no cost to the customer. Should the file loss be due to some action of the customer, or due to vandalism brought on by the customer's negligence of securing their account, Scotonline will attempt to recover the files from their most recent archives.
THE USAGE POLICY DEFINES THE ACTIONS WHICH Scotonline CONSIDERS TO BE ABUSIVE, AND THUS, STRICTLY PROHIBITED. THE EXAMPLES SET FORTH IN THIS POLICY ARE NON-EXCLUSIVE, AND ARE PROVIDED SOLELY FOR GUIDANCE TO Scotonline/Scotonline' CUSTOMERS.
If you are unsure whether any contemplated use or activity is prohibited, please send e-mail to policy@scotonline.com and we will assist you. Please note that the actions listed are also not permitted from other Internet Service Providers on behalf of, or to advertise, any service hosted by Scotonline, or connected via our network. Furthermore, such services may not be advertised via deceptive marketing policies, as defined by the Federal Trade Commission Deception Policy Statement. Scotonline must further limit any exceptions made to the Usage Policy as secondary in regards to server and network security, performance and integrity. Any user, regardless of exception status, may have his or her service disabled if it is interfering with our servers or network. If you feel that one of our clients has violated this policy, please report the infraction (with as much detail as possible -- if forwarding an email please include full headers) to abuse@scotonline.com
* We do NOT allow IRCD running on our network. Anyone already running IRC, may continue to do so. However; the first time our network is negatively affected because of it for any reason (for example any form of DoS attack) their server will be shut down without refund or advance warning.
* These Terms of Service have been updated as of: November 27, 2005
* We reserve the right to modify these terms at any time, for any reason without prior notice.
Created on 12/21/2005 09:06 PM by Administrator
Updated on 01/07/2006 07:38 AM by Scotonline
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