NerdAtom.com

1. Terms

By accessing this web site, you are agreeing to be bound by these
web site Terms and Conditions of Use, all applicable laws and regulations,
and agree that you are responsible for compliance with any applicable local
laws. If you do not agree with any of these terms, you are prohibited from
using or accessing this site. The materials contained in this web site are
protected by applicable copyright and trade mark law.

2. Use License

1. Permission is granted to temporarily download one copy of the materials
   (information or software) on NerdAtom.com’s web site for personal,
   non-commercial transitory viewing only. This is the grant of a license,
   not a transfer of title, and under this license you may not:
   1. modify or copy the materials;
   2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
   3. attempt to decompile or reverse engineer any software contained on NerdAtom.com’s web site;
   4. remove any copyright or other proprietary notations from the materials; or
   5. transfer the materials to another person or “mirror” the materials on any other server.
2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by NerdAtom.com at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

1. The materials on NerdAtom.com’s web site are provided “as is”. NerdAtom.com makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, NerdAtom.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall NerdAtom.com or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on NerdAtom.com’s Internet site, even if NerdAtom.com or a NerdAtom.com authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on NerdAtom.com’s web site could include technical, typographical, or photographic errors. NerdAtom.com does not warrant that any of the materials on its web site are accurate, complete, or current. NerdAtom.com may make changes to the materials contained on its web site at any time without notice. NerdAtom.com does not, however, make any commitment to update the materials.

6. Links

NerdAtom.com has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by NerdAtom.com of the site. Use of any such linked web site is at the user’s own risk.

7. Site Terms of Use Modifications

NerdAtom.com may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to NerdAtom.com’s web site shall be governed by the laws of the State of Washington without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

• Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
• We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
• We will only retain personal information as long as necessary for the fulfillment of those purposes.
• We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
• Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
• We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
• We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

Acceptable Use Policy

Our Acceptable Use Policy (“AUP”) is provided to give our customers and users a clear understanding of what we expect of them while using the service. All users of our services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).

Use of our Service constitutes acceptance and agreement to The AUP as well as The TOS (Terms of Service)

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.

This document is intended to provide a basic understand of our Acceptable Use Policy. The following are guidelines for the establishment and enforcement of the AUP:

• Ensure reliable service to our customers

• Ensure security and privacy of our systems and network, as well as the networks and systems of others

• Comply with existing laws

• Maintain our reputation as a responsible service provider

• Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services

• Preserve the value of Internet resources as a conduit for free expression and exchange of information

• Preserve the privacy and security of individual users

We intend to provide our customers access to everything the Internet has to offer. While we are firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both us and the Internet and cannot be permitted under the guise of free speech. The resources of us and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

You may not use your dedicated rack or virtual site to publish material, which we determine, at our sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, “material” refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

If an account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us.

Violations of the Acceptable Use Policy

The following constitute violations of this AUP:

1. Illegal use: 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.

2. Harm to minors: Use of our service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.

3. Threats: Use of our service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

4. Harassment: Use of our service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

5. Fraudulent activity: Use of our service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes,” “ponzi schemes,” and “chain letters.”

6. Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying infrmation is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

7. Unsolicited commercial e-mail / Unsolicited bulk e-mail / Non double opt-in e-mail (SPAM): Use of our service to transmit unsolicited bulk e-mail of ANY kind is expressly prohibited. Violations of this type will result in the immediate termination of the offending account.

Important Notice:

ACTIVE IMMEDIATELY, anyone hosting websites or services on their server/account that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server/account will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server/account to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server/account from our network without notice to the customer. Any server/account guilty of a second violation WILL be immediately and permanently removed from our network without notice and the account owner has to pay an administrative fee of $200.

8. E-mail / News Bombing: Malicious intent to impede another person’s use of electronic mail services or news will result in the immediate termination of the offending account.

9. E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through our service is in violation of this AUP.

10. Usenet SPAMing: We have a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

11. Unauthorized access: Use of our service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of ours or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending account is subject to immediate termination.

12. Copyright or trademark infringement: Use of the service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

13. Collection of personal data: Use of the service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

14. Network disruptions and unfriendly activity: Use of the service for any activity which affects the ability of other people or systems to use our Services or the Internet. This includes “denial of service” (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member’s responsibility to ensure that their network is configured in a secure manner, in order to prevent hackers to enter the account. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination. We will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

15. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

16. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

17. Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

18. Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using our services could result in suspension of service.

19. Third Party Accountability: Our subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.

20. Violation Of our Virtual Accounts: It is absolutely forbidden to host pornographic content, warez content, hacking content, and phising content on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.

21. IRC networks: It is absolutely forbidden to host any IRC server, either stand alone, or that is part of or connected to another IRC network or server. Servers found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the irc server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation will result in immediate account termination.

22. Unmetered Accounts: Unmetered Accounts are indeed unmetered. These accounts are not to be used to host a collection of MP3′s, Warez, image hosting or gaming sites, giving away free hosting is cause for immediate termination, or to Backup Your Home Computer. These accounts may also not be used as a download distribution point for your bundled audio, video or software (i.e the account can’t be used to store only files – there has to be a front end of some kind, such as an online store, or membership site. It is to be used for standard web practices and only standard web practices. If you have a questionable concern please contact us first (http://www.idothosting.com) . If you know your site is going to use an un-normal usage, and sign up knowing this, we will require you to get a dedicated server. If you have any questions in regards to this please contact us. Un-Normal usage is anything that a shared server would not be able to provide. Again, please contact us for approval if you feel you will fall into this clause.

23. Resellers: Resellers are responsible for enforcing the AUP and TOS to all of their clients. If their clients are found to be not following them, We will suspend the offending site and let the reseller know. Resellers are responsible for anything their clients do. If you have any questions or concerns in regards to what is allowed and not allowed please contact us.

24. Streaming Video and Audio: Streaming Video and Audio is not permitted on our servers, with the exception of small (< 20 Megs) promotional video on sales pages. You must zip the content to prevent this if you wish to have it hosted, and as everything else this content must be legal content and can not have someone else’s copyright.

25. Egg Drop – Egg Drop Scripts are Not allowed, These are grounds for immediate account deletion without a refund.

26. Legal – If it is not legal in the United States of America, It is not permitted to reside on our server. If found, the account will be suspended.

27. Adult Material – Adult Material is not allowed, unless specified in your package deal. Sites that contain adult material that is not on an adult approved server/package, the site will be suspended.

28. Chinese Forums – Chinese Forums are not allowed on our network. These sites require to much CPU usage. They almost require a dedicated server to run properly. If they are found on any server we will suspend them, and charge an admin fee if they are the cause of a CPU overloaded. Admin charges are usually about $25 Per Hour.

29. ANIME – Anime Sites are not allowed on our network. If an Anime Site is found we will terminate the account. These sites are not allowed on the server because about 95% of them are illegal.

30. Lifetime hosting means lifetime of the hosting company/provider from which we purchased the hosting services/resources. In the event that this company, or the hosting plan we purchased, should cease to exist, although not guaranteed, we will do all in our power to restore your lifetime account with another provider.

31. Your lifetime hosting account will be terminated if the main domain is found to be hosted elsewhere (i.e pointing to another IP than our server’s), or the domain is found to be expired.

Security

• You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

• Your password provides access to your account. It is your responsibility to keep your password secure, and very hard to guess.

• Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.

• Attempting to obtain another user’s account password is strictly prohibited, and may result in termination of service.

• You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

• You may not 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 you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

• You 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, deliberate attempts to overload a service, and attempts to “crash” a host.

• Users who violate systems or network security may incur criminal or civil liability. We 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.

• You are responsible for keeping a local backup of your account’s content (files, datbabases, email accounts, domain redirects) in order to keep your downtime at a minimum in the event of a system wide failure.

Network Performance

Our accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in suspension and/or termination of your account without notice. If your account is suspended and we decide to re-activate, you will be charged a $25 fee before we do so.

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs (including, but not limited to games, paid to surf scripts, auto-surf scripts, chat scripts, file and images download/hosting scripts, bulk email list senders, and proxys), which negatively impact other customers or the performances of our systems or networks. You may not use the email accounts to store emails from safelists, or other email sending services, without emptying the email accounts in a timely manner (at least weekly). We reserve the right to terminate or limit such activities.

Reporting Violations of the Acceptable Use Policy

We request that anyone who believes that there is a violation of this AUP direct the information to us by email immediately.

If available, please provide the following information:

• The IP address used to commit the alleged violation

• The date and time of the alleged violation, including the time zone or offset from GMT

• Evidence of the alleged violation

E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. We may take any one or more of the following actions in response to complaints:

• Issue written or verbal warnings

• Suspend the Member’s newsgroup posting privileges

• Suspend the Member’s account

• Terminate the Member’s account

• Bill the Member for administrative costs and/or reactivation charges

• Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations

Revisions of the Acceptable Use Policy

We reserve the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted on NerdAtom.com.