Policies And Services Guidelines

By using our web hosting services, you agree to comply with our policies.
Spunkyworld Internet Services provides web hosting to people all around the world. We have the responsibility to protect each client and provide them with the best services available. The following guidelines were designed to insure these services. The provisions of this policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this policy, is prohibited. Spunkyworld Internet Services reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.

1. Content

All services provided by Spunkyworld Internet Services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statue or violates export control laws.

Note: Pornography, nudity and sex-related merchandising are prohibited on any Spunkyworld Internet Services server. This includes sites that may infer sexual content, or links to adult content elsewhere. This includes also sites which promote any illegal activity or content that may be damaging to Spunkyworld Internet Services servers or any other server on the Internet. Links to such material are also prohibited.

Examples of non-acceptable content or links are pirated software, hackers programs, warez sites, IRC bots, illegal mp3 files, gaming and gambling sites, promoting Bulk email services or software.

To report abuses, please send email to abusereport [at] spunkyworld.com (please replace the [at] with the @)

Spunkyworld Internet Services reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution.

Spunkyworld Internet Services will be the sole arbiter as to what constitutes a violation of this provision.

2. Traffic

For any additional traffic that is above the account allocation, you will be charged with $6.99 / 1 GB transferred.

We reserve the right to disable any user account, that exceeds the account's traffic allocation, unless it has been expressively specified otherwise by the account holder.

Value/Premium
You can monitor the used bandwidth by:
- viewing your graphical usage stats online at yourname.com/wusage/ (updated daily)
- reading warning e-mails you are receiving from billing dept. once a week, if you are over pace for traffic in the particular month (looks like this: The total traffic for the month so far is 4.861 GB. The projection for this month is 19.386 GB)

Economy
Check the daily bandwidth stats within your web control panel

3. IRC / Chat Rooms

We don't allow IRC or IRC bots to be operated on our servers.

We don't allow clients to install their own chat rooms. These tend to be large system hogs and we can't allow it as an account option. We do provide a choice of Java chatrooms (one for free [premium hosting plan] and one where you can customize up to 165 properties) for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others.

4. CGI

Each Spunkyworld Hosting 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.

Banned Scripts - Economy Plan
The following scripts are banned with the economy hosting plan:
- UltimateBBS (all versions)
- Ikonboard (all versions)
- Greymatter (all versions)
- Proxy Servers
- nph-proxy
- The Anonymizer
- lstmrge.cgi
- Shell, SSH, Telnet Scripts and Shell, SSH, Telnet Alternatives
- Any script that uses & processes a massive number of flatfiles or large flatfile databases.
- FORBIDDEN file names for scripts (usually formmail scripts):

All formmail scripts that are installed upon your accounts will need to be renamed to something other than the following:

formmail.cgi
formmail.pl
formmail.php
Formmail.cgi
Formmail.pl
Formmail.php
FormMail.cgi
FormMail.pl
FormMail.php
formMail.cgi
formMail.pl
formMail.php
FORMMAIL.cgi
FORMMAIL.pl
FORMMAIL.php

5. Running Background Programs

We don't allow programs to run continually in the background.

6. Server Resources

Any website 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.

7. System/Network Security and Abuse

Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network, attempt to circumvent any user authentication or security of host, network, or account. Use, probe, or scan of a systems security or authentication measures, data or traffic, spawning dozens of processes. Interference with service to any user, host or network including, mail bombing, flooding, ping bombing, smurfs, winnuke, land, teardrop, deliberate attempts to overload a system and Denial of Service attacks. Forging of any TCP/IP packet header or any part of the header information in an email or a newsgroup posting.
Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken.

8. Spamming - E-mail

Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. We consider spam to be any unsolicited commercial email (UCE) or unsolicited bulk email (UBE) in the mediums of Newsgroups, e-mail, and Fax. If you are found to have spammed, then we will immediately, without warning, disable your domain.
In addition, we will impose a $150 penalty for each spam policy violation. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy.

As such, any violation will result in immediate deactivation of services without refund.

9. Delivery

All incoming orders will be reviewed manually. If we accept your order, your hosting account will be created and we will email you the login information of your hosting account within 24 hours to the email address you have provided in the order.

10. Money Back Guarantee

We provide a money back guarantee on the monthly hosting fee for our Premium $29.95 account within the first 30 days of your contract. If you are not fully satisfied with our services within the first 30 days, you will be given a full refund of the $29.95 hosting fee. Setup fees and domain registration fees are excluded and NOT refundable. The guarantee doesn't apply to our Value and Economy hosting plans or any add ons or other services. It is only valid for the basic monthly subscription fee of your standard virtual server in the Premium Hosting Plan. Spunkyworld Internet Services must be notified within the first 30 days after account activation. No refund is available after the 30th day.

11. Data / Backups

Backups are made on a regularly basis. No guarantees are made of any kind, either expressed or implies, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their account content and information. If data loss occurs due to negligence of client in securing their account or by an action of the client, Spunkyworld Internet Services will attempt to recover the data from the most recent archive for a one time service fee.
If the client violates any part of this policy, and Spunkyworld Internet Services disables the client's account, the client forfeits all rights to access the client's data that is being held on a server of Spunkyworld Internet Services.

12. Indemnification

The client is fully responsible for the contents of its Web site. The client is further fully liable for the contents of all advertising and advertisements appearing on its Web site. The client agrees to indemnify and hold harmless Spunkyworld Internet Services, its employees and agents, from any and all fines, demands, penalties, losses, claims, expenses, or other liabilities, including reasonable attorney's fees asserted against Spunkyworld Internet Services, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Spunkyworld Internet Services against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Spunkyworld Internet Services server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.

13. Limitations of Liability for Spunkyworld Internet Services

Spunkyworld Internet Services assumes no liability for disruptions of any services, including, but not limited to, vandalism, phone service outages, theft, Internet disruptions, extreme or severe weather conditions or any other causes in the nature of "Acts of god". In no case shall client be entitled to recover damages from Spunkyworld Internet Services which exceed the sum of the Service Fees.

14. Account Cancellation

If payment is not received by the due date, you will be notified by e-mail. You have 5 business days to bring your account current, or the account will be terminated immediately.
If you wish to cancel your account, you have to notify us by e-mail AT LEAST 5 days prior to payment due date. If you cancel your site, your account will be closed at the beginning of the next billing period. If we don't receive the cancellation notice 5 days prior due date, the service will be extended to the following billing period; we do not offer pro-rated refunds.

15. Terms

We reserve the right to terminate any account without cause upon notification to the client. Spunkyworld Internet Services may further terminate an account immediately without notice at any time the customer breaches any part of our guidelines.
Spunkyworld Internet Services does not issue service credits for any outages incurred through service disablement resulting from policy violations.
Spunkyworld Internet Services reserves the right to refuse service to anyone.
Spunkyworld Internet Services reserves the right to change or update any provision of this policy at any time without notice.
You agree to review the policy periodically to be aware of any such revisions. If any revision to this policy is unacceptable to you, you may terminate your contract at any time by providing Spunkyworld Internet Services with written notice by e-mail. Notice of your termination will be effective upon receipt by Spunkyworld Internet Services.

16. Disclaimer

Spunkyworld Internet Services will not be responsible for any damages your business may suffer. Spunkyworld Internet Services makes no warranties of any kind, expressed or implied for services we provide. Spunkyworld Internet Services disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, and any and all service interruptions caused by Spunkyworld Internet Services and its employees. Spunkyworld Internet Services reserves the right to change or update policies without notice.

17. Sub-Networks

Any Sub-Networks of Spunkyworld Internet Services must adhere to the above policies.