Shooin Company LLC's – Website & Hosting Terms of Service & Acceptable Use Policy
This Agreement applies to businesses, organizations and/or persons using Shooin Company LLC's website hosting and domain service. Please read this agreement carefully to ensure you understand our terms before purchasing any of our products or services.
Hosting agreements are on an annual basis, and are not renewed automatically.
Renewal notices are emailed before the actual renew date in your account. All accounts are on a pre-pay basis. If payment is not received within 7 days, a $5 fee will be added. Shooin Company LLC reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of email notice or exceeding this time frame in any way is subject to suspension. You are responsible for all fees owed on the account from the time it was established to the time that you notify Shooin Company LLC of a request for termination of services. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. If you cancel an account prior to your annual renewal time, there will be no refund.
Any attempt to undermine or cause harm to a server is strictly prohibited.
Shooin Company LLC will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include ‘Internet scamming’ (tricking other people into releasing their passwords), password theft, security hole scanning, etc.
IMPORTANT NOTE: Shooin Company LLC reserves the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.
Unacceptable uses include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, upload scripts (Rappidleach), pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by Shooing Company LLC to be unacceptable use of our services including abuse of server resources.
WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS: All web applications that are out-of-date and actively being exploited will be shut down immediately without prior notice. You are responsible for and should evaluate your web-based applications and scripts on a regular basis to ensure their security and orderliness.
Shared hosting accounts may also be terminated if they include the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers) ; displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
Shooin Company LLC will be the sole arbiter as to what constitutes a violation of this provision.
The intention of Shooin Company LLC is to provide a large bandwidth to transfer web documents, and not an offsite storage area for electronic files. If you violate this condition, you will be notified and given 48 hours to remedy the problem. Failure to do so will result in billings for the overages.
Traffic will go unmonitored until you reach the amount of quota allocated to your specific plan. Shooin Company LLC will be the sole arbiter as to what constitutes a violation of this provision, including disk space abuse.
Customers agree to use our services under the Acceptable Usage Policy which is hereby incorporated with this agreement. Customers agree that Shooin Company LLC holds the right to change their AUP at any time to meet web hosting standards and laws. Amendments to the AUP are effective on the earlier of Shooin Company LLC notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with Shooin Company LLC in the reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Shooin Company LLC and Customer regarding the interpretation of the AUP, Shooin Company LLC’s commercially reasonable interpretation of the AUP shall govern.
Customer represents and warrants to Shooin Company LLC that the information he, she or it has provided and will provide to Shooin Company LLC for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Shooin Company LLC that he or she is at least 18 years of age, Shooin Company LLC may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contract.
UNSOLICITED EMAIL & SPAMMING
Unsolicited commercial advertisements (‘SPAM’) are not allowed in e-mail, and will likely result in account cancelation. Shooin Company LLC takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, Customer account may be deleted.
The following activities are not allowed: SPAM, which 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 electronic mail headers – any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account (‘mail bombing’); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing list’s charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; 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.
NOTE: If Customer uses the services of another provider to promote a website hosted by or through Shooin Company LLC (‘spamvertising’), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
99.99% UPTIME GUARANTEE
(1.) COVERAGE – This 99.99% uptime guarantee applies to any Customer in good financial standing with Shooin Company LLC at the time of a service outage.
(2.) SERVICE LEVEL AGREEMENT (‘SLA’) & SPECIFICATIONS – Shooin Company LLC endeavors to have the content of Customer website available for http access by any party in the world 99.99% of the time. Network downtime (‘unavailability’) is defined as 100% packet loss from Shooin Company LLC to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Shooin Company LLC’s online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the Shooin Company LLC NOC.
Shooin Company LLC will determine the end of the downtime by a trace route to Customer machine from outside the Shooin Company LLC network.
(3a.) SHARED HOSTING CREDITS – In the event that Customer website is unavailable for less than 100%, Shooin Company LLC will credit the following month’s service fee as follows. Customer credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month.
- 95% to 99.9% – YOUR account will be credited 10% of your monthly hosting fee
- 90% to 94.9% – YOUR account will be credited 20% of your monthly hosting fee
- 89.9% or below – YOUR account will be credited 50% of your monthly hosting fee (3b.)
Credit shall not be provided to Customer in the event that you have any outage resulting from:
- scheduled maintenance as posted from time to time at Shooin Company LLC;
- your behavior or the performance or failure of your equipment, facilities or applications;
- circumstances beyond Shooin Company LLC’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site; - Customer breaking any agreement policy in Shooin Company LLC’s ‘Terms & Conditions and AUP’ causing a machine to fail as a result.
TECHNICAL SUPPORT BOUNDARIES
Shooin Company LLC provides technical support to Customer that encompasses our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues.
Unlike many hosting companies we do our best to help with scripts, templates and programing languages. However, under no circumstances is Shooin Company LLC obligated to help Customer in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by Customer previously.
Each shared web hosting account comes with its own CGI-BIN. Customer is free to use any CGI script; however we reserve the rights to disable any CGI script that effects normal shared server operation without prior notice.
Customer agrees to indemnify and hold harmless Shooin Company LLC, and affiliates, and any of the the Shoo.in Companies’ respective officers, directors, agents, and employees from and against any and allclaims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorney’s fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.
CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS Shooin Company LLC AGAINST LIABILITIES ARISING OF:
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Shooin Company LLC's SERVER.
(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY
(3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM Shooin Company LLC's SERVER.
DISCLAIMER OF WARRANTIES
Shooin Company LLC does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law Shooin Company LLC disclaims any and all warranties including the implied warranties or merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law all services are provided on an “As Is” basis.
LIMITATION OF DAMAGES
Neither party shall be liable to the other for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.
Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of Shooin Company LLC and any of its employees, agents or affiliates, under any theory of the law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount payable by customer for the three months service.
SUSPENSION OF SERVICES/TERMINATION
Customer agrees that Shooin Company LLC may suspend services to Customer without notice and without liability if: (i) Shooin Company LLC reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) Shooin Company LLC reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay Shooin Company LLC a reasonable reinstatement fee if service is reinstated following a suspension of service under this subsection.
The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Shooin Company LLC fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail. The Agreement may be terminated by Shooin Company LLC prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon five (5) days’ notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from Shooin Company LLC describing the violation in reasonable detail; (iii) upon one (1) days’ notice if Customer’s Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days’ notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
If you break our terms of service/acceptable usage policy we hold the right to cancel any services. We will never cancel any services without trying our best to resolve the problem with you. However in extreme cases, such as an account containing child pornography, we hold the right to cancel services without any prior warning. We do not refund any accounts breaking our terms of service/acceptable usage policy.
REQUEST FOR CUSTOMER INFORMATION
Customer agrees that Shooin Company LLC may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that Shooin Company LLC believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Customer agrees to maintain a current copy of all content hosted by Shooin Company LLC not withstanding any agreement by Shooin Company LLC to provide backup services.
REQUEST FOR RESTORATION OF HOSTING PACKAGE
During any service term, customer may request up to one free restore for any reason of choice. If a customer should need to request a restore after this a $5 one-time fee will be enforced.
CHANGES TO Shooin Company’s NETWORK
Upgrades and other changes in Shooin Company LLC’s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications. Shooin Company LLC reserves the right to change its network in its commercially reasonable discretion, and Shooin Company LLC shall not be liable for any resulting harm to Customer.
tices to Shooin Company LLC under the Agreement shall be given via electronic mail to the e-mail address posted for customer support. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
MAJOR FORCE ACTIVITY
Shooin Company LLC shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Shooin Company LLC’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
The Agreement shall be governed by the laws of the State of Ohio, and the laws of the United States of America, as applicable.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trade mark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer’s purchase order or other business forms are not binding on Shooin Company LLC unless they are expressly incorporated into a
formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without Shooin Company LLC’s prior written consent. Shooin Company LLC’s approval for assignment is contingent on the assignee meeting Shooin Company LLC’s credit approval criteria. Shooin Company LLC may assign the Agreement in whole or in part. This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.
All files stored by Shooin Company LLC on servers must be legally-owned and be accompanied with a valid license and/or copyright. This includes and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO, JPG, PNG. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion.
CANCELATION OF SERVICE
Shooin Company LLC reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Shooin Company LLC if we institute our right of cancelation. Any violation of policies which results in extra costs billed to Customer.
PROMOTIONAL RATES & SPECIAL OFFERS
Shooin Company LLC may offer promotional rates or special offers from time to time. Any such promotions or modifications shall not effect Customer obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.
INTELLECTUAL PROPERTY RIGHTS
Material accessible through Shooin Company LLC’s services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, Customer must not use Shooin Company LLC or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through Shooin Company LLC’s network. If Customer uses a domain name in connection with Shooin Company LLC, Customer must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Customers may not use the Shooin Company LLC network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for Customer, logging into a server or account Customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. Customer may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Shooin Company LLC will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
Customer will be solely responsible for the development, operation and maintenance of Customer’s online store and products along with all content and materials appearing online, including without limitation:
(a.) the accuracy and appropriateness of content and materials appearing within the store or related to Customer products,
(b.) ensuring that the content and materials appearing within the store or related to Customer products do not violate or infringe upon the rights of any third party, and
(c.) ensuring that the content and materials appearing within the store or related to Customer products are not libelous or otherwise illegal. Customer will be solely responsible for the final calculation and application of shipping and sales tax. Customer will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
STATIC & DYNAMIC CONTENT CACHING
(i) grants to Shooin Company LLC a license to cache the entirety of Customer’s website, including content supplied by third parties, hosted by Shooin Company LLC under this Agreement, and
(ii) agrees that such caching is not an infringement of any of Customer’s intellectual property rights or any third party’s intellectual property rights.
IP ADDRESS OWNERSHIP
Shooin Company LLC shall maintain and control ownership of all IP numbers and addresses that may be assigned to Customer by Shooin Company LLC. Shooin Company LLC reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
DOMAIN NAME REGISTRATION
Customer agrees to pay Shooin Company LLC prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the Shooin Company LLC's price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if Customer’s domain name registration is suspended, canceled or transferred prior to the end of Customer’s current registration term. Shooin Company LLC reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. A Customer’s requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed registration in an email from Shooin Company LLC to the email address indicated in Customer’s registration application. In the event of a chargeback by a credit card company (or similar active domain name registration), Customer agrees and acknowledges that the domain name registration shall be transferred to Shooin Company LLC as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Shooin Company LLC will reinstate Customer’s domain name registration solely at Shooin Company LLC’s discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
TRANSFER OF DOMAIN REGISTRATION TO SHOOIN COMPANY LLC
Customer agrees to pay Shooin Company LLC prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the Shooin Company LLC price schedule for the initial transfer request of the domain name. Customer agrees and acknowledges that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:
- No response from the Registered Name Holder or Administrative Contact
- Domain name in Registrar Lock Status
- Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
Shooin Company LLC reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. A Customer’s requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed Customer registration in an email from Shooin Company LLC to the email address
indicated in Customer’s registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Shooin Company LLC in connection with the payments of the registration fee for Customer’s domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to Shooin Company LLC as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Shooin Company LLC will reinstate Customer domain name registration solely at Shooin Company LLC’s discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
TRANSFER OF DOMAIN AWAY FROM SHOOIN COMPANY LLC
Shooin Company LLC reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:
- No response from the Registered Name Holder or Administrative Contact - Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change - Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
Customer agrees and acknowledges that the failure or success of a domain name transfer will be his/her sole responsibility, and Shooin Company LLC will not be held liable for the failure of a domain name transfer for any reason.
Domain registrations are non-refundable. Please do not purchase the domain name until you are certain that it is exactly what you would like to buy.
Shooin Company LLC reserves the right to refuse service to anyone. Customer may only use servers provided by Shooin Company LLC for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: ‘Pirated Warez’, OGG, AVI, MPEG, ISO, ‘Hacker programs or archives’, ‘Copyrighted Digital Movie Copies (DIVX)’ and ‘Unlicensed MP3′. The designation of any materials as such described above is left entirely to the discretion of Shooin Company LLC management.
If illegal content or usage is found, the account will be suspended and/or terminated. Customer agrees that Shooin Company LLC may disclose any and all Customer information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.
Regardless of the place of signing this agreement, Customer agrees that for purposes of venue this contract is entered in Akron, Ohio and any dispute will be litigated or arbitrated in Akron, Ohio. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Akron courts. IN NO EVENT SHALL Shooin Company LLC’s, SunLit Communications LLC’s or Shooin Company LLC’S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
ACCEPTABLE USE POLICY (AUP)
This Acceptable Use Policy governs the use of Shooin Company LLC’s web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and Shooin Company LLC regarding the interpretation of this AUP, Shooin Company LLC’s interpretation, in its reasonable commercial judgment, shall govern.
The following is the entire Acceptable Use Policy (‘AUP’) agreement between Shooin Company LLC’s and the personal, organizational or corporate account holder. Shooin Company LLC provides World Wide Web Hosting, web design and script installation. Shooin Company LLC has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services. Shooin Company LLC’s general policy is to act as a provider of Internet presence. Shooin Company LLC reserves the rights to suspend or cancel a customer’s access to any or all services provided by Shooin Company LLC when we decide that the account has been inappropriately used.
What is Appropriate Usage?
Shooin Company LLC is designed to serve the web hosting needs of businesses and organizations operating in a single country. It is not appropriate to use our services to support large enterprise or internationally based businesses with a sustained demand that places undue burden on our systems or negatively impacts use by small and medium-size independently owned and operated businesses and organizations.
Shooin Company LLC is a shared web hosting service, which means that a number of customers’ websites and other email or storage services are hosted from the same server. Shooin Company LLC uses abuse controls to help ensure that use of our services does not adversely affect the performance of our system or other customers’ sites. It is not appropriate to use an account primarily as an online storage space or for archiving electronic files.
With usage consistent with these terms of Service, your site can grow as large as necessary to meet your business or organizational needs.
Shooin Company LLC may not initiate the following (below), and if any customer does so, Shooin Company LLC may terminate the account with no refund.
a) There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Use of any kind of distributed computing software, including but not limited to [email protected], Node Zero and [email protected]
c) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
d) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons.
e) Run any software that interfaces with an IRC (Internet Relay Chat) network. f) Run any file sharing, bit torrent or other P2P network services, client or server software. g) Run any gaming servers such as counter-strike, half-life, battlefield 1492 etc.
In most cases, if you use our services consistently with our terms of Service, visitors to your web site will be able to download and view as much content from your site as they like. However, in certain circumstances, our server processing power, server memory, or abuse controls could limit downloads from your site. You will always be able to use as much bandwidth as your account has. For example our Enterprise Plan comes with 40GB bandwidth which is a huge amount; all of this 40GB can be used. Bandwidth is also reset every month.
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overage. Unused transfer in one month cannot be carried over to the next month.
You do not have to worry about hitting a storage limit if you use our services consistently with the Terms of Service and our acceptable usage policy. Shooin Company LLC will increase your space along with your appropriate business and organizational needs, but our abuse controls may impact the rate of growth or your folder size, and there may be a short delay while we assess your usage. In some cases, creating additional folders or sub-folders will help ensure that the system works well for everyone. You will always be allowed to use as much disk space is applied to your account.
You may have noticed all of our accounts come with unlimited email accounts, sub-domains, FTP accounts and in some cases domains. This is subject to how much disk space your account has. You may create as many emails and sub-domains as you would like as long as it is within your disk space limit.
You may not publish or transmit via Shooin Company LLC ‘s service any content that Shooin Company LLC reasonably believes:
a) constitutes child pornography;
b) constitutes pornography;
c) is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
d) is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
e) is defamatory or violates a person’s privacy;
f) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement;
g) improperly exposes trade secrets or other confidential or proprietary information of another person;
h) is intended to assist others in defeating technical copyright protections;
i) clearly infringes on another person’s trade or service mark, patent, or other property right;
j) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
k) is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Shooin Company LLC;
l) is otherwise malicious, fraudulent, or may result in retaliation against Shooin Company LLC by offended viewers;
Shooin Company LLC does not accept material such as: a) Proxy, Warez, Escrow, High Yield Investment Programs (HYIP), illegal Gambling and Lottery sites. b ) Content ‘published or transmitted’ via Shooin Company LLC’s service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by Shooin Company LLC. * Shooin Company LLC can terminate service for any of the above reasons and it is at Shooin Company LLC’s sole discretion to issue a refund
You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.
Bulk Commercial Email
Bulk commercial email, mailing lists and email reflectors are allowed on Shooin Company LLC servers, we do however allow a maximum of 500 emails per hour per account. For any emails sent from your Shooin Company LLC account you must adhere to the following rules:
a) Intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
b) Procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
c) The source of your e-mail is not obscured in any manner;
d) There is full compliance with the CAN SPAM Act and other applicable law.
These policies apply to messages sent using your Shooin Company LLC service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your Shooin Company LLC service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.
You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it. You must comply with the rules of any other network you access or participate in using your Shooin Company LLC’s services.
Material Protected By Copyright
You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:
a) You have been expressly authorized by the owner of the copyright for the work to copy the work in that manner.
b) You are otherwise permitted by established United States copyright law to copy the work in that manner.
Shooin Company LLC will terminate the service of repeat copyright infringers.
You must have valid and current information on file with your domain name registrar for any domain hosted on the Shooin Company LLC network.
Shooin Company LLC is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the Shooin Company LLC network.
You may not engage in illegal, abusive, or irresponsible behavior, including:a
) 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 (including those belonging to Shooin Company LLC and its customers) without express authorization of the owner of the system or network; b) Monitoring data or traffic on any network or system without the authorization of the owner of the system or network; c) Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; d) Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning; e) Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or f) Any conduct that is likely to result in retaliation against the Shooin Company LLC network. g) Use of Shooin Company LLC’s network in a way that unreasonably interferes with Shooin Company LLC’s other customers’ use of the network
Newsgroup, Chat Forums, Other Networks
You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.
Shooin Company LLC follows the strict guidelines of our customer privacy statement included on this website. Please make sure you understand this statement fully.
9 North Main St
Akron OH 44308
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