Concrete CMS Inc Hosting Terms of Service
We may occasionally send you emails about our services. We will not sell your contact information.
Concrete CMS, Inc. provides web hosting services to subscribers around the world. The following terms of service are designed to provide the highest level of service available.
Content
All services provided by Concrete CMS, Inc. are to 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 Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless Concrete CMS, Inc., from any claims resulting from the subscriber's use of Concrete CMS's services which damages the subscriber or any other party.
Note: Pornography and sex related merchandising are prohibited on any Concrete CMS, Inc. account. This includes sites that may imply sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Concrete CMS servers or any other server on the Internet. Links to such materials are also prohibited.
Examples of prohibited content or links include (but are not limited to):
* IRC Software
* Pirated software
* Hacking sites, programs or archives
* Warez Sites
* Distribution of music files or any other material in which the account holder does not own the copyright.
* Adult Sites
* Game Servers (dedicated game server programs)
Concrete CMS, Inc. will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.
Housing of any of the following files is considered a violation of the terms of service:
IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited. Also any program that acts like an IRC server or that provide chat functions that run as background processes are not allowed.
Proxies - We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.
PortScanning - We do not allow any kind of portscanning to be done on or from our servers or network.
Commercial Advertising - Email -
* Spamming, i.e. the sending of unsolicited email, from any Concrete CMS server or any server located on the Concrete CMS network is STRICTLY prohibited. Concrete CMS will be the sole arbiter as to what constitutes a violation of this provision. This also includes Optin Optout mail programs and mail that either directly or indirectly references a domain contained within an account at Concrete CMS.
* Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Concrete CMS customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing or selling lists of email addresses from 3rd parties for mailing to or from any Concrete CMS hosted domain, or referencing any Concrete CMS account, is prohibited.
* Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks is prohibited.
* Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
* Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.
ShoutCast Servers - We do not allow Shoutcast Servers due to bandwidth and load issues.
Background Running Programs - We ask that users request permission before enabling persistent background processes of substantial load.
PHP Shell - PHP Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited.
Server Abuse - Any attempts to undermine or cause harm to a Concrete CMS server or subscriber of Concrete CMS is strictly prohibited including, but not limited to:
* Logging into a server or account that you are not authorized to access
* Accessing data or taking any action to obtain services not intended for you or your use
* Attempting to probe, scan or test the vulnerability of any system, subsystem or network
* Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
* Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the System
* Interfering with, intercepting or expropriating any system, data or information
* Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system
You will be held responsible for all actions performed by your account whether it be done by you or by others.
All sub-networks of Concrete CMS, Inc. must adhere to the above policies.
Scheduled Maintenance and Downtime
Concrete CMS will use its commercially reasonably efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond Concrete CMS's control or which are not reasonably foreseeable by Concrete CMS, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. Concrete CMS will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. Concrete CMS has no responsibility for downtime resulting from a user's actions
Limitations on Use
Any account using 15% or more of the server CPU or memory can be suspended and/or terminated.
Any account that uses excessive amounts of bandwidth can and will be subjected to bandwidth throttling.
Background Processes. Unauthorized background processes shall result in immediate termination of the account.
Concrete CMS maintains the right to cancel any account at its discretion with no notice.
Limitation of Damages
Recovery of damages from Concrete CMS may not exceed the amount of fees it has collected on the account.
General
Terms Of Service are subject to change without any prior notification.
These Terms of Service are a legally binding contract between the subscriber and Concrete CMS, Inc.
By opening an account, the subscriber agrees to the above-stated terms.
Anything not listed in the Terms of Service is open to interpretation and change by Concrete CMS, Inc. administrators without prior notice.
Any violation of these Terms of Service will result in termination of the account. Concrete CMS, Inc. maintains the right to terminate accounts without prior notification.
Misc
In the event suit or action is instituted by either party against the other, the prevailing party shall be entitled to recover from the losing party the prevailing party's costs and reasonable attorney feeds, including all such costs and fees in any appellate proceeding relating thereto, which amounts shall be determined by the court before which the matter is tried, heard or decided.
This agreement shall be construed and enforced in accordance with the laws of the State of Oregon. If any provisions of this Agreement are found or deemed by a court of law of competent jurisdiction to be invalid or unenforceable, they shall be considered severable from the remainder of this Agreement and shall not cause the remainder of this Agreement to be invalid or unenforceable.
