Acceptable Use Policy ("AUP") and Service Standards                     [return to Home page]

Resource-Web.Net, (referred hereinafter as "RWN", "Company", "we" and "us") is a web ware company, which provides services for handling of web site hosting, registration of domain names, web page design, and web site maintenance and technical support and/or web ware maintenance.  All accounts on our web servers, including single-domain, reseller and resold accounts, are subject to the terms and conditions and acceptable use policy (referred hereinafter as "AUP", "Terms", "ToS", "Terms of Service") described in this document. Under the terms of this agreement, your placement of information on our servers or delivering information to us to act on your behalf for placement on the servers that Resouce-Web.Net, Inc. uses, is an acknowledgement that you (referred hereinafter as "Customer", "User", "Users") have read, understand, and agree to be bound by terms and conditions below.

This AUP governs the use of Resource-Web.Net, Inc.'s web hosting service(s), web page design service(s), domain name registration service(s) and web ware maintenance service(s). Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and Resource-Web.Net, Inc. regarding the interpretation of this AUP, Resource-Web.Net’s interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this AUP, please contact your@Resource-Web.Net.

Because changes occur in the area of web sites and internet services, Resource-Web.Net, Inc. reserves the right to modify, change or revise any part of this Acceptable Use Policy at appropriate times.  Therefore you, the Customer, are expected and required to be informed of such changes as part of receiving web ware services from Resource-Web.Net, Inc.   Therefore, you are required to follow these policies as long as you are or have been a customer of Resource-Web.Net, Inc. In the case that you no longer wish to follow these policies, you are required to notify Resource-Web.Net, Inc. in writing.  Former customers are required to follow these policies for a period of time set by the statutes of limitations in the state of Minnesota, USA.

1. User Conduct

Our services may only be used for lawful purposes — any use of these services which violates any laws which may apply to Resource-Web.Net, Inc. in your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.

You may not publish or transmit via Resource-Web.Net’s service any content that Resource-Web.Net reasonably believes:

• constitutes child pornography;
• constitutes pornography;
• is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
• is indecent and belittles the dignity of man or of woman, who are made in the likeness and image of God
• is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
• is defamatory or violates a person’s privacy;
   
• creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
   
• improperly exposes trade secrets or other confidential or proprietary information of another person;
• improperly helps you or another individual, company or entity to reverse engineer, or to decompose any of the programs used for the operation of the internet networks;
   
• is intended to assist others in defeating technical copyright protections;
   
• clearly infringes on another person’s trade or service mark, patent, or other property right;
   
• promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
   
• is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Resource-Web.Net; or
• is otherwise malicious, fraudulent, or may result in retaliation against Resource-Web.Net by offended viewers.
• is indecent, immoral or exhibits unethical behavior;
• [Note: In these and all of the above bulleted items the judgment of Resource-Web.Net governs.]

User may not:

• Restrict or inhibit any other user from using and enjoying the Internet.

Content "published or transmitted" via Resource-Web.Net’s service includes Web content, e-mail, bulletin board postings, chat, audio, video and any other type of posting or transmission that relies on any Internet service provided by Resource-Web.Net.

Resource-Web.Net reserves to the right to the final decision on what constitutes abuse, indecent, immoral or unethical behavior.

In the case of directives, instructions and/or commands delivered to Resource-Web.Net, Inc. by the Customer, Resource-Web.Net, Inc. has the right to use its own best judgment about what are the best procedures and strategies to use for providing Resource-Web.Net, Inc.'s web ware services to you the Customer.  In the event of very insistent and evidently demanded directives, instructions and/or commands being delivered by the Customer to Resource-Web.Net, Inc., Resource-Web.Net, Inc. may ask that the Customer choose some alternative(s). In the event that the Customer does not want such suggested alternatives to be followed, Resource-Web.Net, Inc. may follow the Customer's directives, instructions and/or commands with the stipulation that the Customer is fully responsible for such directives, instructions and/or commands and the Customer is fully responsible for the results or outcomes of the implementation of those directives, instructions and/or commands.  

2. Resource Usage, Adult-Oriented Sites

Customer may not initiate the following on our servers:

• Run any process that requires more than 8Mb of memory space, more than 30 CPU seconds, or use more than 5% of all available system resources at any time.
   
• Run any type of interactive real-time applications that require server resources. Remotely-hosted services are fully allowed.
   
• Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
   
• Run intensive scripts with persistent MySQL connections.
   
• Run any software that interfaces with an IRC (Internet Relay Chat) network.
   
• Host Proxy Servers or Anonymizers
   
• Host Pirated software
   
• Host illegal MP3 content, store large Audio / Video Archives (any format).
   
• Provide free hosting services, free web-mail services or free software hosting services.
   
• Run any site with adult-oriented content, including but not limited to any pornographic material.
   
• Host Escrow, High-Yield Interest Programs (HYIP), Ponzi (fraudulent investment operation), Bank Debentures, Bank Debenture Trading Programs, and Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, sites promoting illegal activities.

Customer may not engage in illegal, abusive, or irresponsible behavior, including:

• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to Resource-Web.Net   and its customers) without express authorization of the owner of the system or network;
• Monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
• Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
• Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
• Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
• Any conduct that is likely to result in retaliation against the Resource-Web.Net’s network.
• Use of Resource-Web.Net’s network in a way that unreasonably interferes with Resource-Web.Net’s other customers use of the network.

Customers are also required to abide by the following:

• Databases are only to be used for Resource-Web.Net -hosted web sites, and no outside access will be granted.
• Persistent MySQL connection is prohibited on all shared servers.

Zero Tolerance Spam Policy: Resource-Web.Net has a zero stance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. 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. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Resource-Web.Net's services whether or not the message actually originated from our network.

Drop-Box Accounts. Using this network for the receipt of replies to unsolicited mass email (spam) sent from a third-party network is prohibited.

Header Forgery: Forgery of email headers ("spoofing") is prohibited. For this item, this header forgery includes the use of another's email domain name without permission of the owner of that domain name.

Proxy Spamming: Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software is prohibited.

Relaying. Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication is prohibited.

Mass Mailings: Sending mass unsolicited email is considered spam. Unsolicited email is defined as email sent to a recipient who has not double-opted in to mailings from the Customer. Senders of mass mailings must maintain complete and accurate records of all opt-ins, including the email and its headers if applicable, and provide such records to Company upon request. If positive and verifiable proof of opt-in cannot be provided, complaints from recipients of the mailing are considered proof they did not subscribe and the mailing is unsolicited.

Mailing Lists: Resource-Web.Net's mass mailing rules also apply to mailing lists, list servs, or mailing services contracted for by Customer. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for e-mail information using a double opt-in process or that has made their e-mail address available to Customer for distribution of information. The list must also allow for automatic removal by all end Customers with non-distribution in the future.

3. Personal Security

Customer must take reasonable security precautions. Customer must protect the confidentiality of server's password, and should change password periodically.

4. Backup Policy on web content

We can, at your request, run backups of your data or content on our web servers. In the event of permanent data loss, a restoration may occur that will recover your lost files; recovery of your lost files in not guaranteed.

Offsite backups are the sole responsibility of the Customer. We would like to stress to all Customers how important it is to keep your own local backups on your local computer or removable media. So always keep backups stored locally! We make no guarantees about the availability of backups.

5. Indemnification

Customer agrees to indemnify and hold harmless Resource-Web.Net and the employees and agents of Resource-Web.Net (each an "Indemnified Party") against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.

6. Limitation on Company Liability

Resource-Web.Net (Company) shall not be deemed to be in default of any provision of this Agreement or be liable for any failure of performance of the Services and Products to you (the Customer) resulting, directly or indirectly, from any (i) weather conditions, natural disasters or other acts of God, (ii) action of any governmental or military authority, (iii) failure caused by telecommunication or other Internet provider, or (iv) other force or occurrence beyond its control. The exclusive remedy against Company for any damages whatsoever to Customer arising out of or related to this Agreement shall be the refund of the fees paid by Customer to Company with respect to the then current term of this Agreement. Resource-Web.Net SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS COMPANY PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND COMPANY SHALL HAVE NO LIABILITY THEREFORE.

7. Arbitration

ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTACT OR ANY BREACH THEREOF IN EXCESS OF $250.00 SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. EXCEPTION: IF ARBITRATION OCCURS IT SHALL BE PERFORMED WITHIN A 100 MILE RADIUS OF THE OFFICES OF Resource-Web.Net.

8. No Warranties

Any material on the server used by Resource-Web.Net, Inc. to provide web ware services to you may include technical inaccuracies or typographical errors. Resource-Web.Net has the right to make changes and updates to any information contained within this server without prior notice.

THE INFORMATION PROVIDED ON THIS SERVER IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY Resource-Web.Net, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. NEITHER Resource-Web.Net NOR ITS AFFILIATES WARRANTS THAT THE INFORMATION ON THIS SERVER OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTABLE OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. Sharing of account space & resale restrictions

You agree and understand that the account you purchase is purchased either for yourself or on behalf of a client if you are a reseller. You understand that as a reseller, you are the individual solely responsible for all use of the account.

10. Refusal or Discontinuation of Service

Resource-Web.Net reserves the right to refuse or discontinue service to anyone at Resource-Web.Net's sole discretion. Resource-Web.Net may deny you access to all or part of the service without notice if you engage in any conduct or activities that Resource-Web.Net in its sole discretion believes violates any of the terms and conditions in this agreement. Resource-Web.Net shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that Resource-Web.Net has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Resource-Web.Net reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. Resource-Web.Net also reserves the right to refuse refunds in cases where Resource-Web.Net believes abuse has taken place.

11. Payment & Other Information

Customer agrees to supply appropriate payment for the services received from Resource-Web.Net, in advance of the time period during which such services are provided. Customer agrees that until and unless Customer notify Resource-Web.Net of Customer's desire to cancel any or all services received, those services will be billed on a recurring basis.  Customer is responsible for delivery of payments for services on a timely basis.  Delays caused by postal services, or express delivery services are the responsibility of the Customer; therefore the Customer is advised to 'mail' his/her payments early and allow adequate time for the postal service or express service to make delivery of payment such that Resource-Web.Net receives payments ahead of any expiration dates of service by at least two calendar days.

Non-Payment of services shall result in a 5-calendar day notice of disconnection, or is the disabling of hosted web content immediately when the renewal date has passed and no Customer payment has been received by Resource-Web.Net, which ever occurs firsts. All payment failures must be cured within 5 calendar days of notice. Subscribers failing to secure payment within 5 calendar days of notice will incur service interruption and reconnection fee.

Resource-Web.Net is not responsible for data integrity on equipment reclaimed for non-payment.

12. "No Refund" Policy

Each web services plan is intended to have the understanding that the web content and associated items are worked out in advance before the hosting starts.  This is to be done during negotiations between the Customer and Resource-Web.Net. The opportunity for the Customer to withdraw its order for web services is before the time or date of the service actually starting.  Once the Customer has made payment, there are no refunds.

If you, the Customer, are dissatisfied with your service for any reason, you are responsible for notifying Resource-Web.Net of your dissatisfaction in an email, by telephone, and in a printed document delivered to Resource-Web.Net.  Resource-Web.Net will make reasonable efforts to reply to your communications [emails, postal letters, phone calls] in a reasonable time frame.

Our "No-refund" policy also applies to any additional items or services and such services as: Domain Parking services, Domain Registration and Dedicated services and any additional services such as overages, disk space, SSL, bandwidth, maintenance fees.

No refunds are available when cancellation of services occurs. The Customer is required to submit cancelation orders via regular postal service mail, or express delivery services. Cancellations over the telephone and/or email are not accepted.

Accounts cancelled/terminated by Resource-Web.Net for violating our Terms of Service or Acceptable Use Policy do not qualify for any refund. For example, if your account is cancelled due to spamming, you will not be given any refund.

13. Service Cancellations

Service Cancellations must be submitted using printed order of cancelation and sent via postal mail service or express delivery service, such as FedEx.  Service cancellations must be received by Resource-Web.Net at least 30 full calendar days before the end of the billing cycle, or renewal date of the service.  Non-payment for any renewal of services shall, by default, be the same as a notice of service cancellation.

Cancellations over the telephone and informal email are not accepted.

14. Material Protected by Copyright

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

• You have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
   
• You are otherwise permitted by established United States copyright law to copy the work in that manner.

Resource-Web.Net will terminate the service of repeat copyright infringers.

15. Copyright Infringement Notice
(Digital Millennium Copyright Act)

If you believe your copyright is being infringed by a person using the Resource-Web.Net network, please send your written notice of copyright infringement to:
Resource-Web.Net, Inc.
or Resource-Web.Net,  Inc.
Attn. Legal Counsel
P.O. Box 18036
Minneapolis, Minnesota 55418

Your notice must include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Resource-Web.Net   to locate the material;

Information reasonably sufficient to permit Resource-Web.Net to contact you, such as an address, telephone number, and, if available, an e-mail address;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law;

A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

CAUTION: Pursuant to Title 17, Section 512(f) of the United States Code, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

16. Agreement Acknowledgement

This agreement supersedes any written, electronic, or oral communication you may have had with Resource-Web.Net or any agent or representative thereof, and constitutes the complete and total agreement between the parties. Should any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.

By placing and continuing to maintain or place information, or by delivering your information to us to act on your behalf to place and to continue to maintain or place information, on Resource-Web.Net's servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.

17. Governing Law

This Agreement, and all future agreements that you, the Customer, may enter into with Resource-Web.Net, unless otherwise indicated on such other agreement, will be governed by the laws of the State of Minnesota, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with Resource-Web.Net in Minnesota or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, Customer agrees to submit to the personal and exclusive jurisdiction of the courts located within the County of Hennepin, Minnesota. If any part of the Agreement is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

18. Other

The privacy policies are by default included in this Acceptable Use Policy or Terms of Service policy document. 

You must have valid and current information on file with your domain name registrar for any domain hosted on the Resource-Web.Net network(s).  Resource-Web.Net, Inc. offers domain name registration to help you with this requirement.

Email messages are required to be downloaded to your email browser or other download capable mechanism as soon as possible and within 30 days of an email being available on the email servers associated with your domain name.  Webmail is available upon request.

Resource-Web.Net, Inc, is a division of ElectroSoft Engineering, Inc. 

19. Disclaimer

Resource-Web.Net is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the Resource-Web.Net network.

Resource-Web.Net reserves the right to revise its terms of service / acceptable use policy at any time without prior notice.

Inquiries regarding this policy should be directed to your@Resource-Web.Net.