--------------------- AUP (Acceptable Use Policy) --------------------- Like any other company, Tailor Made Servers must have it's own Acceptable Use Policy ("AUP") so that everything is clearly defined and stated before you embark on your journey with us. All users must Agree with this AUP before any service is set-up, thus why you must read and agree to it here in the middle of the ordering process. Completion of this order constitutes acceptance and agreement with the AUP. Unlike other companies, we will try to keep this AUP short and readable. One thing that must be stated early: All payments to Tailor Made Servers are non-refundable. We support freedom of speech and transmission as long as the contents are legal. We will pursue any claims brought to our attention for illegal content (Including but not limited to Piracy, illegal mp3s, child-pornography, etc.). Any content we deem inappropriate might be reason for account suspension or cancellation without prior notice. When possible, we will try and give advance notice. You may not use your dedicated server to publish material, which Tailor Made Servers determines, at its 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. Tailor Made Server does not consider copyrighted, and legal (within the U.S.) adult material to be unlawful, indecent or objectionable. 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 at abuse@tailoredservers.com. Tailor Made Servers reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. Harassment: Use of the Tailor Made Servers service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another. Fraudulent activity: Use of Tailor Made Servers 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." Copyrighted Material: Use of Tailor Made Servers service to link to or distribute copyrighted material. SPAM: Use of the Tailor Made Servers service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate suspension of the offending Tailor Made Servers account pending verification of it's origination. Unauthorized access: Use of Tailor Made Servers servers to access or attempt to access other's accounts, or to penetrate or even attempt to penetrate security measures of our own, or other entity, is absolutely prohibited. This would also be grounds for immediate suspension or termination. Third Party Accountability: Tailor Made Servers 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. Remote Reboots: Use of the remote reboot ports is included as a feature in all of our servers. However, it's use is carefully preceded by a warning which explains the potential dangers of using it incorrectly. Ignoring this warning is against our acceptable use and could cause your server to be canceled. Using your remote reboot function on a live server or using it repeatedly within a short period of time will immediately void any potential hardware replacement needed to get your server back online and will result in the deactivation of this feature for that server. Your password provides access to your account. It is your responsibility to keep your password secure. 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. REPORTING VIOLATIONS OF Tailor Made Servers AUP Tailor Made Servers requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse@tailoredservers.com. REVISIONS TO THIS ACCEPTABLE USE POLICY Tailor Made Servers reserves 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 in accordance with our TOS (Terms of Service). Copyright 2002 Tailor Made Servers --------------------- SLA (Service Level Agreement) --------------------- Tailor Made Servers has a responsibility to provide top quality service and support for our customers. As such we provide the following service level guarantees: Network Uptime: Tailor Made Servers guarantees network uptime of 99.9%. This includes our internal network and connectivity at the border routers to the exterior. Outages outside of our network cannot be covered by our SLA although we will pro-actively contact our providers to follow up with issues affecting our customers if the issues happen within our providers' peering points. If total outages exceeds .1% of uptime for a month, customer will be credited for one full day of service. Hardware Replacement: At Tailor Made Servers, we use high quality hardware to limit the possibility of failure. However, if there should be hardware failure of any kind, we will replace such part within 4 hours of determination of failure by one of our technicians. Note that the hardware replacement SLA can be affected and/or canceled by misuse of the remote reboot ports. --------------------- TOS (Terms of Service) --------------------- Tailor Made Servers ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). Use of Tailor Made Servers Service constitutes acceptance and agreement to Tailor Made Servers' AUP as well as Tailor Made Servers' TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of Tailor Made Servers. and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment. This Agreement shall be construed in all respects in accordance with the laws of the state of Texas, county of Collin applicable to contracts enforceable in that state. Venue will be Collin County, Texas Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber 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 to the Subscriber. In addition Tailor Made Servers shall have the right to terminate all service set forth in this Agreement. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. The above applies to all accounts and services provided by Tailor Made Servers. Payments and Fees: Service will be interrupted on accounts that reach 4 days past due. Service interrupted for nonpayment is subject to a $75 reconnect charge. Accounts not paid by due date are subject to a $7.95 late fee. Accounts that are not collectable by Tailor Made Servers may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. Refund and Disputes: All payments to Tailor Made Servers are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Tailor Made Servers' sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Tailor Made Servers an "Administrative Fee" of not less than $50 and not more than $150. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. End customers affected by a resellers failure to pay their dues, will be able to contact Tailor Made Servers and receive service directly only after the servers have been canceled. Account Cancellation: All requests for canceling accounts must be made in writing with at least 7 days prior written notice (or Helpdesk ticket submission) and sent to Tailor Made Servers Attn: Cancellations, via fax to 214.774.2513. You must have all account information to cancel. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury. Support Boundaries: Tailor Made Servers, provides technical support to our subscribers at all times. We limit our technical support to our area of expertise. The following is our guidelines when providing support: Tailor Made Servers provides support related to your server or virtual site physical functioning. Tailor Made Servers does not offer tech support for application specific issues such as cgi programming, html or any other such issue. Tailor Made Servers does not provide technical support for YOUR customers. If you can email, we encourage you to email support@tailoredservers.com for assistance. If you are able to get online and have other questions, the answers may be on our home page at http://www.tailoredservers.com/support.php - we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support. Spam: Anyone hosting websites or services on their server 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 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 to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Users found to be conducting mass mailing will be fined an additional $300USD. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice. IRC: IRC activity linked to any major IRC network is forbidden within our services. Complaints: Any activity that results in a legitimate complaint will result in immediate de-activation of the server. User agrees to allow access to the server to the TMS staff so that they can verify what the root of the problem is. Any installed software found, which sole purpose is to scan ports, spider e-mail addresses, abuse proxies, or any other activity which resulted in the complaint, will be reason for immediate account cancellation. Network IP Address Ownership: If Tailor Made Servers assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Tailor Made Servers, and Customer shall have no right to use that Internet Protocol address except as permitted by Tailor Made Servers in its sole discretion in connection with the Services, during the term of this Agreement. Tailor Made Servers shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Tailor Made Servers, and Tailor Made Servers reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Tailor Made Servers will monitor Customer's bandwidth and disk usage. Tailor Made Servers shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Tailor Made Servers's sole and absolute discretion. If Tailor Made Servers takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Tailor Made Servers may, at its sole discretion, collect a deposit, in an amount determined by Tailor Made Servers, against customer's credit card on file with Tailor Made Servers. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Tailor Made Servers Network. Violations of system or network security may result in civil or criminal liability. Tailor Made Servers will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation: Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing". Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Taking any action in order to obtain services to which such User is not entitled. Tailor Made Servers reserves the right to amend its policies at any time. All Sub-Networks, resellers and unmanaged servers of Tailor Made Servers must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy. Indemnification: Tailor Made Servers wishes to emphasize that in agreeing to the Tailor Made Servers Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Tailor Made Servers for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Tailor Made Servers or the bringing of any claim against Tailor Made Servers by any third-party. This means that if Tailor Made Servers is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Tailor Made Servers, plus all costs and attorney's fees. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation. Tailor Made Servers takes no responsibility for any material input by others and not posted to the Tailor Made Servers Network by Tailor Made Servers. Tailor Made Servers is not responsible for the content of any other websites linked to the Tailor Made Servers Network; links are provided as Internet navigation tools only. Tailor Made Servers disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy. Tailor Made Servers is not responsible for any damages your business may suffer. Tailor Made Servers does not make implied or written warranties for any of our services. Tailor Made Servers denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Tailor Made Servers. Responsibility for Content: You, as Tailor Made Servers's customer, are solely responsible for the content stored on and served by your Tailor Made Servers hardware. Terms of Service © TMS 2008. All Rights Reserved.
