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3. Use of services
NB: Please note this document covers legacy and current services, if in doubt, please contact support directly.
3.1 Excessive CPU, Bandwidth or Disk Space Usage has the ability to compromise our shared hosting environment. This is the result of using the system in a manner that encumbers disk space, processors or other system resources beyond the allowances of your specific plan type and to the degree that your usage compromises the hosting accounts of our other customers.
3.2 Excessive resource usage - cgi scripts or other executable code that consumes an undue amount of CPU time [defined dynamically by Assiva Ltd at will] will be reprioritised if possible, or we will ask you to discontinue its use either permanently or the script is altered by yourself or third party to operate in a less resource-hungry manner. Failure to cease operation of the offending executable will be considered as server abuse. Assiva Ltd reserves the right to terminate any process which it deems to be using excessive resource usage.
3.3 Background processes - background process [that is, application or utilities that are started from within an interactive shell login, and set to run permanently in the background on a server] are not to be initiated without prior arrangement with use. We reserve the right to examine all code before it is run on the server. Running of background processes without prior arrangement in and confirmation in writing from Assiva Ltd is server abuse.
3.4 Compiling - User rights to access compiler software is available upon request and arrangement. Once again, we choose to examine any code that is compiled and executed from our hardware. If you need access to the CP compiler, please contact us describing your need for access. Compiling without prior arrangement and written confirmation is server abuse.
3.5 Mailing Lists - Assiva Ltd has allocated tools to ensure proper delivery of opt-in opt-out mailing lists and normal email. It is important that you use these tools accordingly. All full packages include access to the pre-installed Mailman Mailing List Software. Large mailing lists, (those exceeding 500 subscribers) sent using the Assiva Ltd Services, must be sent using the mailing list tools that have been pre-installed for this purpose. If your mailing list exceeds 1,500 addresses you should contact Assiva Ltd requesting permission to send the mailing through the Assiva Ltd servers prior to sending any messages. Sending a large mailing through mailing list software other than Assiva Ltd pre-installed software can adversely affect the flow of email. Should such a large mailing disrupt normal services or create unacceptable server loads, the account associated with the mailing risks termination.
3.5a Mailing lists operated on Assiva Ltd servers must be double opt-in with specific clear instructions in order to opt-out
3.6 Pornography - Assiva Ltd prohibits the storage and transmission (inbound and outbound) of pornography with the exception of softcore erotic art. Written permission must be obtained before any pornographic material is stored and/or transmitted through Assiva Ltd servers.
3.7 Copyright software, Warez, destructive applications, copyright media, proprietary computer information and hacking & cracking sites are strictly prohibited on any portion of our services and network. Customers storing & transmitting (inbound and outbound) files that violate copyright or other federal laws are grounds for instant termination of service.
3.7a Warez Sites are sites that are typically used by "hackers" to trade (upload/download) illegally pirated copies of software programs with one another. Assiva Ltd Hosting has a zero-tolerance policy on all Warez Sites. Sites that become a trading post for "warez" programs will be reported to any and all regulatory, administrative, and/or governmental authorities for prosecution. In addition to your account being deleted from our servers, you may face legal action that can be taken against you by the programmers/software companies of the copyrighted software.
3.8 Any incident of server abuse is grounds for immediate and unconditional account termination. Common examples of abusive practices are listed below and Assiva Ltd Hosting reserves the right of interpretation as to what constitutes abusive practices. In short - if you are unsure that your actions may be perceived as an abuse of service, contact Assiva Ltd Hosting directly to check with us before proceeding.
3.8a Ignorance of your actions and consequences does not exempt you from liability
3.8b Assiva Ltd reserves the right to financially penalise any customer violating this agreement. The amount the customer is penalised is determined by Assiva Ltd. The customer agrees to pay all financial penalties placed by Assiva Ltd in full and within 30 days.
3.9 Email abuse - Unsolicited Commercial Email ['Spam'] is implicitly forbidden. This is considered server abused and is grounds for immediate termination.
3.10 Trafficking of illegal content - in the same way that storing illegal content on your account is banned, likewise is the utilization of your account to traffic illegal content, by any means or method, it must not reside on nor pass through a Assiva Ltd servers.
3.11 IRC sessions - Using Assiva Ltd Hosting servers to run an Internet Relay Chat [IRC] session is grounds for immediate termination. This includes the use of BNC and other redirection servers to indicate a source address on any Assiva Ltd Hosting server. Running IRC from our servers makes them targets for attack. Don't run IRC sessions, IRC bots, IRC servers or IRC proxies. IRCs, Chat Rooms, MUDs, etc. Also software used in the maintaining of an IRC connection (daemons), 'bouncers', 'eggdrops' and the like are strictly prohibited.We will give no warning before terminating this activity and the account responsible.
3.12 Hacking / Denial of Service - Network activity that constitutes an attack on any internet host from a Assiva Ltd is grounds for immediate termination of likely prosecution.
3.13 Selling for free - Assiva Ltd prohibits any portion of its services to be resold without charge. This includes but not limited to: entire hosting accounts, email services, scripts, FTP accounts, MySQL databases, applications, licenses, webspace and bandwidth (this includes image hosting and file/data hosting services, either free or subscription/fee based).
1.13a Proxy websites and such are prohibited.
3.14 Any reselling of Assiva Ltd services is prohibited unless clearly stated otherwise. Portions of a cPanel shared account may not be resold under any circumstances. Only resources in WebHostManager may be resold under a reseller agreement (i.e. with the purchase of a reseller package).
3.15 Assiva Ltd backs up data for its own use and disaster recovery. The customer is encouraged to make their own backups. Customers may request 1 free restore per month. Assiva Ltd makes it backups to an offsite location. We do not make any guarantees on the integrity and reliability of the backups.
3.16 Assiva Ltd guarantees a 99.9% server uptime to shared hosting customers (including reseller customers). The following credit schedule applies:
99.5 - 99.89 = 70% service credit
99.0 - 99.49 = 80% service credit
98 - 99 = 90% service credit
97.99 - 95.00 = 100% service credit
3.16a Customers claiming credit under our uptime guarantee must do so by opening a ticket within 72 hours of the incident with their username, main account domain and PayPal subscription ID or latest order number if you are paying by credit card. All requests after 72 hours of the downtime incident happening will be void.3.16b Uptime guarantee and crediting schedule do not apply to subaccounts created by resellers and VPS customers.
3.17 Assiva Ltd guarantees a 99.9% network uptime guarantee to VPS customers. Conditions in section 3.16a apply and the crediting policy set in 3.16 of this agreement also apply to this condition.
3.18 Assiva Ltd has the final say and will determine the uptime of our servers and will base its uptime on our own monitoring systems. External monitoring statistics set up by customers will not be considered as evidence of uptime/dowtime.
3.19 Only one promotion can be used when ordering. Multiple promotions cannot be combined together and used together. Only one promotion per paying account. Assiva Ltd reserves the right to refuse a promotion to a customer.
3.19a Assiva Ltd reserves the right to revoke a promotion already being used or a new promotion introduced with or without prior notice
3.19b Assiva Ltd reserves the right to reduce the advertised time of the promotion running time with or without prior notice
3.20 Customers wishing to take advantage of our "free migration from your old host" are limited to 25 free migrations from cPanel to cPanel servers. After the 25 initial migrations, the user is responsible to the transferring of files. Users should note that they are free to upload full cPanel backup files to our systems for us to restore. In which case we can restore up to 250 sites free of charge.
3.21 Assiva Ltd reserves the right to delay provisioning of bundled account features (i.e. RapidSSL) until the customer has paid for their next hosting account renewal.
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