Policy

IMPORTANT: WE DO NOT PRORATE & REFUND CANCELLED ACCOUNTS AFTER YOUR FIRST 30 DAYS.

If you decide to cancel your account please do so before your next billing period. The exception to this rule is for an upgrade to a higher level account in which case your current month will be refunded.

Network Acceptable Use Policies & Disclaimer
At SMH Associates, Inc. dba Dataweb PRO, we value our customers and wish to provide them with a positive experience. To offer you the best service possible, all customers need to follow the same rules and guidelines. These policies are intended to make SMH Associates, Inc. dba Dataweb PRO's Service available to all our customers as consistently and efficiently as possible.

User-Supplied Content
All services may be used for lawful purposes only. Through SMH Associates, Inc. dba Dataweb PRO's Service, you may have access to chat areas, bulletin boards, web pages, email, or other services that enable you to send or post materials ("content") and make that content available to others. You must not submit, publish, or display on the Network any defamatory, inaccurate, abusive, obscene, infringing, or threatening content. In addition, you may not submit, publish, or display any content that violates any US Federal, State, or Local law. You are solely responsible for the content you make accessible through the SMH Associates, Inc. dba Dataweb PRO Network. You may not use the Service to assist any other person or entity to violate any Federal, State, or Local laws, ordinances, or regulations.

SMH Associates, Inc. dba Dataweb PRO is not obligated to monitor the network to examine available content. You hereby acknowledge that if we are made aware of content that is determined to be, in its sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, SMH Associates, Inc. dba Dataweb PRO has the right, but not the obligation, to edit, remove or deny access to such content. SMH Associates, Inc. dba Dataweb PRO may disclose any content or records concerning customer's account as required to satisfy any law, regulation, governmental request or court order.

Sites promoting any illegal activity or content that may be damaging to SMH Associates, Inc. dba Dataweb PRO's servers or any other server on the Internet are strictly prohibited. Links to such materials are also prohibited. In addition, any site selling or promoting bulk email service is not allowed. Below are some examples of non-acceptable content or links:

* Pirated Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost; i.e. ROMs, ROM Emulators and MPEG Layer 3 files (MP3).

* Copyright Violations - Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer.

* Hacking/Phreaking - Includes sites with material, links, or resources for hacking, phreaking, viruses, anarchy, or any type of site that promotes or participates in willful harm to Internet sites or providers.

Network Security
Customers may not use the SMH Associates, Inc. dba Dataweb PRO 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 the customer, logging into a server or account the 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. Customers 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.

SMH Associates, Inc. dba Dataweb PRO 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. Users who violate system or network security may incur criminal or civil liability.

CGI Scripts
Each SMH Associates, Inc. dba Dataweb PRO account comes fully equipped with its own pre-configured CGI-Bin. Customers are free to use any CGI-scripts provided with their account or add any additional ones they require. Any CGI-scripts deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice. CGI-script sharing with domains not hosted by SMH Associates, Inc. dba Dataweb PRO is not allowed.

Chat Rooms
SMH Associates, Inc. dba Dataweb PRO prohibits its customers from installing outside chat rooms on their domain, as these tend to be a resource problem. SMH Associates, Inc. dba Dataweb PRO does provide its customers a choice of Java chat rooms to choose from for a nominal monthly charge. These chat rooms were designed to meet the growing needs of customers and function without hindering the performance of the servers for others.

Server Resources
Any web site that uses a high amount of server resources (such as, but not limited to CPU time, memory usage, and network resources) will be given an option of either upgrading their service level or reducing the resource used to an acceptable level.

Background Running Programs
Background daemons in general are prohibited. SMH Associates, Inc. dba Dataweb PRO will consider requests on a per-application basis. If allowed, extra charges will be assessed based on resource requirements for system maintenance.

IRC
SMH Associates, Inc. dba Dataweb PRO currently prohibits its customers from operating IRC or IRC Bots on any of the servers in the SMH Associates, Inc. dba Dataweb PRO Network.

Commercial Advertising/Mass Mailings/UCE/SPAM
You must not use the SMH Associates, Inc. dba Dataweb PRO Network, SMH Associates, Inc. dba Dataweb PRO equipment or any SMH Associates, Inc. dba Dataweb PRO email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the SMH Associates, Inc. dba Dataweb PRO Network, SMH Associates, Inc. dba Dataweb PRO equipment or any SMH Associates, Inc. dba Dataweb PRO email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have spammed, without warning, SMH Associates, Inc. dba Dataweb PRO reserves the right to disable your domain/terminate your account. In addition, SMH Associates, Inc. dba Dataweb PRO may impose a $100 penalty for each spam policy violation. SMH Associates, Inc. dba Dataweb PRO solely reserves the right to refuse or cancel service to known spammers. Lastly, SMH Associates, Inc. dba Dataweb PRO reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

Distribution and/or Transmission of Obscene or Indecent Speech or Materials Violation of indecency and obscenity laws can result in criminal penalties.

Technical Support Boundaries
SMH Associates, Inc. dba Dataweb PRO does provide 24/7/365 Technical Support to all its Resellers and direct clients. However, we do not provide support to your clients or your resellers. SMH Associates, Inc. dba Dataweb PRO does not provide Technical Support or help with programming, HTML code, custom programming and 3rd Party Software, whether installed or pre-installed on your computer or our server.

Intellectual Property Rights
Material accessible to you through SMH Associates, Inc. dba Dataweb PRO's Services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the SMH Associates, Inc. dba Dataweb PRO Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the SMH Associates, Inc. dba Dataweb PRO Network. If you use a domain name in connection with the SMH Associates, Inc. dba Dataweb PRO Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Defamation
Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Refusal of Service
SMH Associates, Inc. dba Dataweb PRO reserves the right at its sole discretion to refuse or cancel service. Violation of any of SMH Associates, Inc. dba Dataweb PRO's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.

Indemnification
Customer agrees that it will protect, indemnify, save and hold SMH Associates, Inc. dba Dataweb PRO harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's fees assessed against SMH Associates, Inc. dba Dataweb PRO, its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it's customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold SMH Associates, Inc. dba Dataweb PRO harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with SMH Associates, Inc. dba Dataweb PRO's Services; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright violation and any defective products sold to a customer from SMH Associates, Inc. dba Dataweb PRO's Services.

Disclaimer
SMH Associates, Inc. dba Dataweb PRO will not be responsible for any damages your business may suffer. SMH Associates, Inc. dba Dataweb PRO makes no warranties of any kind, expressed or implied for services we provide. SMH Associates, Inc. dba Dataweb PRO disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by SMH Associates, Inc. dba Dataweb PRO and its employees. SMH Associates, Inc. dba Dataweb PRO reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.

SMH Associates, Inc. dba Dataweb PRO furthermore expects that its customers who provide Internet services to others will fully comply with all applicable laws concerning the privacy of online communications. A customer's failure to comply with those laws will violate this policy. Finally, SMH Associates, Inc. dba Dataweb PRO wishes to emphasize that in accepting services, customers indemnify SMH Associates, Inc. dba Dataweb PRO for the violation of any law or SMH Associates, Inc. dba Dataweb PRO policy, that results in loss to SMH Associates, Inc. dba Dataweb PRO or the bringing of any claim against SMH Associates, Inc. dba Dataweb PRO. This means that if SMH Associates, Inc. dba Dataweb PRO is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against SMH Associates, Inc. dba Dataweb PRO, plus costs and reasonable attorneys' fees.

Confidentiality Statement
We at SMH Associates, Inc. dba Dataweb PRO insure that all personal information submitted to us in processing your order and for billing purposes, etc., including but not limited credit card information, will be kept strictly confidential and used solely by SMH Associates, Inc. dba Dataweb PRO, its representatives and employees, for the purposes for which it was intended, for the benefit of the subscriber. We agree not to share or release such information to any individual, entity, or third party, without the consent of the subscriber, except as required by law, regulation or governmental authority. All information provided to us by the subscriber is properly stored and handled at all times by authorized SMH Associates, Inc. dba Dataweb PRO staff members only.

If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation. This agreement, user account, and billing will automatically renew unless cancelled in writing 15 days or more prior to the renewal date. If applicable, a cancellation fee equal to one month's web hosting fee will apply.

Last Revision September 1, 2007