a Winslow Systems Limited managed service
Upon signing up for Winslow Systems Limited's services, all customers agree to
of the TOU is to ensure customers are using Winslow Systems Limited's services
with due regard to the rights of other Internet users and in conformity with the
requirements of Winslow Systems Limited's network environment. The TOU are not
exhaustive and Winslow Systems Limited reserves the right to add, delete, or modify
any provision of its TOU at any time without notice, effective upon either the
posting of the modified TOU to www.fryspam.com/terms-os-use.html or
notification of the modified TOU. Any complaints about a customer’s violation
of the TOU should be sent to email@example.com.
A. All Winslow Systems Limited's Customers
B. Winslow Systems Limited's Web Hosting & E-mail filtering Customers
A. All Winslow Systems Limited's
Actions Taken by Winslow Systems Limited's:
for account deactivation. Winslow Systems Limited will be the sole arbiter as
the right to remove any account without prior notice. When Winslow Systems Limited
will initiate an investigation. During the investigation, Winslow Systems Limited
may restrict a customer's access in order to prevent further potentially unauthorized
activity. Depending on the severity of the violation, Winslow Systems Limited
may, at its sole discretion, restrict, suspend or terminate a customer's web hosting
or email filtering account and/or pursue other civil remedies. If such violation
is a criminal offence, Winslow Systems Limited will notify the appropriate law
enforcement authorities of such violation. Winslow Systems Limited does not issue
credits for outages incurred through service disablement resulting from Terms
of Use violations. Winslow Systems Limited customers agree to indemnify and hold
harmless Winslow Systems Limited from any claims resulting from the use of our
services that damages them or any other party. The Winslow Systems Limited service
is provided on an as-is-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. Winslow Systems Limited
expressly disclaims any representation or warranty that the Winslow Systems Limited
service will be error-free, secure or uninterrupted. No oral advice or written
information given by Winslow Systems Limited, its employees, licensers or the
like, will create a warranty; nor may you rely on any such information or advice.
Winslow Systems Limited 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.
Due to the special system and network requirements of adult-oriented sites, pornography
and sex-related merchandising are prohibited. This includes sites that may infer
sexual content or provide links to adult content elsewhere. 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.
If a loss of data stored on Winslow Systems Limited server occurs whilst using
Winslow Systems Limited services and is deemed that a loss of data is the fault
of Winslow Systems Limited . Winslow Systems Limited will provide cost free backup
and data recovery for lost data up until the last available backup of said
server. Winslow Systems Limited shall be the sole Winslow Systems Limited of the
cause of the data loss. If the cause of the data loss is the fault of the Customer,
there will be a fee for any data recovered.
The use of Winslow Systems Limited's services to store, post, display, transmit,
advertise or otherwise make available child pornography is prohibited. Winslow
Systems Limited is required by law, and will, notify law enforcement agencies
when it becomes aware of the presence of child pornography on, or being transmitted
through, its services.
The Digital Millennium Copyright Act ("DMCA") sets forth the requirements
for valid copyright infringement notification. If you would like to notify Winslow
Systems Limited of an infringement of your copyright, the DMCA requires that you:
Send your notification to Winslow Systems Limited's designated
agent. You may choose any of the following avenues for this notification:
a. Email to firstname.lastname@example.org
b. Mail or courier to 5309 Ember Lane - Kernersville, NC 27284
Customers are required to use the Winslow Systems Limited network responsibly.
This includes respecting the other customers of Winslow Systems Limited . Winslow
Systems Limited reserves the right to suspend and/or cancel service with any customer
who uses the Winslow Systems Limited network in such a way that adversely affects
other Winslow Systems Limited customers. While Winslow Systems Limited may monitor
its service electronically to determine that its facilities are operating satisfactorily,
as a general practice, Winslow Systems Limited does not monitor its customers'
communications or activities to determine whether they are in compliance with
the TOU. However, when Winslow Systems Limited becomes aware of any violation
of the TOU or other user agreements, Winslow Systems Limited may take any action
to stop or correct such violation, including, but not limited to, denying access
to Winslow Systems Limited’s services and equipment or to the Internet.
In addition, Winslow Systems Limited may take action against a customer or a customer
of such customer because of the activities of such customer. Winslow Systems Limited
anticipates that customers who offer Internet services will cooperate with Winslow
Systems Limited in any corrective or preventive action that Winslow Systems Limited
deems necessary. Failure to cooperate with such corrective or preventive measures
is a violation of Winslow Systems Limited policy and Winslow Systems Limited reserves
the right to take any such action even though such action may affect other customers
of the Winslow Systems Limited customer.
Winslow Systems Limited servers may be used for lawful purposes only. Transmission,
storage or distribution of any information, data or material in violation of any
applicable law or regulation, or that may directly facilitate the violation of
any particular law or regulation, is prohibited. This includes, but is not limited
to: copyrighted material; trademarks; trade secrets or other intellectual property
rights used without proper authorization; material that is obscene, defamatory,
constitutes an illegal threat, or violates export control laws. Examples of unacceptable
content or links include: pirated software, hacker programs or archives, Warez
sites, MP3, and IRC bots.
Additionally, in purchasing Winslow Systems Limited services,
all Winslow Systems Limited customers certify that they and/or the organization
they represent in procuring services from Winslow Systems Limited' are not, nor
have been designated, a suspected terrorist as defined in Executive Order 13224;
are not owned or controlled by a 'suspected terrorist' as defined in Executive
Order 13224; and are not on, are not a member of, related to, associated with,
or controlled by any organizations on the list contained in the Annex to Executive
Order 13224 and all updates thereto. Winslow Systems Limited reserves the right
to fine Customers who break this clause up to $500,000,000,000,000.00 in damages.
Winslow Systems Limited reserves the right to add, delete or modify any provision
All payments are subject to Winslow Systems Limited's Billing Policy. By supplying
your credit card for the payment of Winslow Systems Limited charges, you authorize
Winslow Systems Limited to automatically charge your credit or debit card for
charges that apply to your account. Recurring charges will be posted to your credit
card until such time that you cancel your account in accordance with Winslow Systems
Limited’s Billing Policy.
Winslow Systems Limited is concerned with the privacy of on-line communications
and web sites. In general, the Internet is neither more nor less secure than other
means of communication, including mail, facsimile, and voice telephone service,
all of which can be intercepted and otherwise compromised. As a matter of prudence,
however, Winslow Systems Limited urges its customers to assume that all of their
on-line communications are insecure. Winslow Systems Limited cannot take any responsibility
for the security of information transmitted over Winslow Systems Limited facilities.
Additional details on privacy and Winslow Systems Limited’s use of customer
Server and System Abuse
Violations of system or network security are prohibited and may result in criminal
and civil liability. Examples of system or network security violations include,
without limitation the following: unauthorized access to or use of data, systems
or networks, including any attempt to probe, scan or test the vulnerability of
a system or network or to breach security or authentication measures without express
authorization of the owner of the system or network; interference with service
to any user, host or network including, without limitation, mail bombing, flooding,
deliberate attempts to overload a system and broadcast attacks; forging of any
TCP-IP packet header or any part of the header information in an email or a newsgroup
Winslow Systems Limited or its related persons shall not be held liable for any
consequential, indirect, special, punitive, or incidental damages, whether foreseeable
or unforeseeable, based on claims of the customer or its customers, (including
but not limited to, claims for loss of data, goodwill, profits, use of money or
use of the software, interruption in use or availability of data, stoppage of
other work or impairment of other assets), arising out of breach of implied warranty,
breach of contract, misrepresentation, negligence, strict liability in tort or
otherwise, except only in the case of personal injury where and to the extent
that applicable law prohibits exclusion of such liability. In no event will the
aggregate liability which Winslow Systems Limited and its related persons may
incur in any action or proceeding arising out of performance or non-performance
of this agreement exceed the total amount actually paid to Winslow Systems Limited
by the customer for the specific product or service that directly caused the damage.
UCE (Unsolicited Commerce Email) - SPAM
Spamming, the sending of unsolicited mass email from or through an Winslow Systems
Limited server or using an email address that is maintained on an Winslow Systems
Limited machine is STRICTLY prohibited. Winslow Systems Limited will be the sole
arbiter as to what constitutes a violation of this provision. Customers are also
in violation of this provision if they engage in spamming using the service of
another ISP or IPP, but reference in the spam a website hosted on an Winslow Systems
Limited server, or if they sell or distribute software on their website that facilitates
spamming. Violators will be assessed a minimum fine of $1,000,000.00 and will
face immediate suspension. Winslow Systems Limited also will enable precautions
to monitor security and UCE on servers within European and United States guidelines.
Please report any instances of spamming from Winslow Systems
Limited specific servers/IP's to email@example.com detailing as much information
as possible, clearly identifying the source of the unsolicited email. This will
then be investigated, dealt with and replied to within 24 hours.
Viruses and Other Destructive Activities
Use of Winslow Systems Limited’s services or equipment for creating or sending
Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing,
or engaging in denial of service attacks is prohibited. It is also prohibited
for any customer to engage in other activity that is intended to disrupt or interfere
with, or that results in the disruption of or interference with, the ability of
others to effectively use Winslow Systems Limited’s services and equipment
(or any connected network, system, service or equipment) or conduct their business
over the Internet.
B. Winslow Systems Limited Web Hosting &
email filtering Customers
Web Hosting and email filtering customers, and supplement the terms above in section
A that apply to all Winslow Systems Limited customers:
Background Running Programs, Scheduled Tasks and Cron
Winslow Systems Limited may allow programs to run in the background. These programs
will be considered on an individual basis and customers will incur extra charges
based on system resources used and operational maintenance needed. If you wish
to run background programs please contact Winslow Systems Limited at firstname.lastname@example.org
so that we can arrange set-up.
CGI script sharing with domains not hosted by Winslow Systems Limited is not permitted.
Any CGI scripts deemed to be adversely affecting server performance or network
integrity will be shut down without prior notice.
Winslow Systems Limited does not allow customers to install their own chat rooms.
Chat rooms tend to require significant system resources and therefore cannot be
permitted as an account option.
Any database stored on Winslow Systems Limited's servers shall be limited in size
to 10% of the total disk space allotted for that particular domain's plan/web
Winslow Systems Limited does not allow IRC or IRC bots to be operated on our servers.
Multimedia files are defined as any graphics, audio, and video files. Winslow
Systems Limited web hosting accounts are not to be used for the purposes of distributing
and storing unusual amounts of multimedia files. Any website whose disk space
usage for storing multimedia files exceeds 70% of its total usage, in terms of
total size or number of files, will be considered to be using an unusual amount
of multimedia files.
Any website 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), reduce
the resources used to an acceptable level, or upgrade its service. Winslow Systems
Limited shall be the sole arbiter of what is considered to be a high server usage
Winslow Systems Limited's shared web hosting accounts are not configured for the
purposes of distributing software and/or multimedia products. If you wish to distribute
software and/or multimedia files, please contact email@example.com to
make special arrangements.
Policy Last Modified: June 14th 2005