This Alurium Hosting Terms of Use ("TOS") describes the proper kinds of conduct and prohibited uses of Alurium Hosting's hosting services (the "Services"). This TOS is not exhaustive and Alurium Hosting reserves the right to modify this TOS at any time, effective upon posting of the modified TOS online.

By registering for and using the Services, and thereby accepting the terms and conditions of this TOS, you agree to abide by these conditions as modified from time to time. Any violation of the TOS may result in the suspension or termination of your account or such other action as Alurium Hosting deems appropriate. Server Abuse

Any attempt to undermine or cause harm to a server, or customer, of Alurium Hosting is strictly prohibited.

Unauthorized use of other people's accounts or computers is strictly prohibited. Alurium Hosting will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.

Any unauthorized use of accounts or computers by a Alurium Hosting customer, whether or not the attacked account or computer belongs to Alurium Hosting, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

IMPORTANT NOTE - Alurium Hosting has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds or fees paid will be made if account termination is due to violation of the terms outlined in this TOS.

Customers may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming, pornographic content, adult content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by Alurium Hosting to be unacceptable use of Alurium Hosting's services including abuse of server resources.

All hosting accounts may be terminated that include the following content or which have links to the following content:

1. Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism or hatred.
2. Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
3. Displaying material that exploits children under 18 years of age.
4. Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
5. Exporting encryption software over the Internet or otherwise, to points outside the United States.
6. Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
7. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this TOS, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software. Any account that is deactivated by the abuse team will be charged the following reactivation fees: 1st offense - $25.00 2nd offense - $100.00 3rd offense - $500.00 + Account termination This fee will only be waived if it is determined by the abuse team that the account was disabled without cause.

Unsolicited Email (Spam) Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation. Alurium Hosting takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers. The following activities are not allowed:

• Unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain.
• Forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without warning and without refund.
• Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing").
• Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.
• Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.
• Providing spamware (software used to send bulk email or software used to harvest email addresses) or links to sites providing spamware is strictly prohibited and subject to demand for removal or account cancellation.

Note: If you use the services of another provider (including but not limited to the use of address lists obtained from a third party vendor or provider) to promote a web site hosted by or through Alurium Hosting (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers. Penalty: Depending on the severity of your SPAMMING, Alurium Hosting reserves the right to charge you between $1.00 - $100.00 PER SPAM sent through our network. Your web site content will also be confiscated and it will be NEVER returned to you. CGI Scripts (This section does not apply to Dedicated Servers.) Most shared Linux web hosting accounts come with their own cgi-bin, in which you are free to use any* CGI scripts you wish. All CGI scripts (Perl scripts with a .pl or .cgi extension) intended for use on shared Windows 2003 web hosting accounts are subject to approval by our NT Administrators. *See the Server Resource Abuse section. Server Resource Abuse (This section does not apply to Dedicated Servers) Shared server accounts are limited in use of the amount of server resources. Shared server resource abuse includes any process or service usage that affects normal shared server operation, resources or connectivity, and which causes a server to become overloaded. Shared server resources include CPU and memory usage, number of concurrent processes, number of concurrent port or database connections and total bandwidth. Possible causes of server resource abuse include, but are not limited to, the use of: CGI, Perl, Sendmail, mySQL, MSSQL, PHP, ASP, COLDFUSION, Blue Dragon, OpenBD, Railo, HTTP, SMTP, POP3 and FTP. If server resource abuse is detected, possible actions include, but are not limited to: disabling of the offending script or scripts, disabling of the specific service, disabling of the entire account or account cancellation. If server overload is a result of server resource abuse, these actions will be taken without prior notice or warning.

Adult Content

Adult content, pornography and sex-related merchandising are prohibited within the Alurium Hosting Network. This includes sites that may infer sexual content or link to adult content elsewhere. Because the Internet is a global communication tool, it is difficult to dictate what is considered "adult content." It is not our function to discriminate against those who choose to utilize adult content or adult related material. However, Alurium Hosting has chosen to enforce its ***no adult sites/products*** policy. What is Adult Content?

1. Sexually explicit pictures, writing, or other material/products whose primary purpose is to cause sexual arousal.
2. Sexually explicit pictures, writing or any material/products that involves children (anyone under the age of 18) is strictly prohibited.
3. Photos, videos or animated depiction showing nudity in women or men for non-scientific or non-artistic purposes.
4. Any site whose revenue is gained all or in part from its adult content or products.
5. Revenue-generating hyperlinks to sites that violate any part of descriptions 1-4.

Alurium Hosting reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related". Child Pornography Our policy on child pornography is zero tolerance. Alurium Hosting will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the Alurium Hosting network, and will be liable for illegal material posted by their clients. According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.

Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT Chat Rooms (This section does not apply to Dedicated or VPS Servers.) We do not allow clients to install their own chat rooms within a shared hosting account, without approving it with the Alurium Hosting Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. Abuse of SMTP Mail Server (This section does not apply to Dedicated or VPS Servers.) We do not allow clients to send more than 2000 pieces of e-mail per day from a shared hosting account. If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 2000 per day your account will be be charged $50.00/month in addition to your regular hosting charges to compensate Alurium Hosting for any unforseen costs resulting from the large amount of email sent through your account. Background Running Programs (This section does not apply to Dedicated Servers) We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. IRC Any kind of IRC clients or IRC bots are strictly forbidden. We understand that occasionally there are acceptable uses for these services but due to the frequency at which these services are abused, we simply cannot afford to allow them. Anyone found to be in violation of this policy risks immediate account termination.

Excessive Use/Overages

You will not exceed the bandwidth, storage and E-mail usage limits outlined by your particular web hosting package. In the case of unmetered bandwidth, Alurium Hosting may, at it's sole discretion, elect to re-negotiate bandwidth terms if we determine unmetered bandwidth usage to be extraordinary. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month or if you exceed E-Mail storage and attachment size limitations, Alurium Hosting may, in its sole discretion, assess you with additional charges. If Alurium Hosting elects to take any corrective action, Alurium Hosting will not refund any unused pre-paid fees. Your use of your account and access to it is your responsibility. You are responsible for any unauthorized access to your account resulting in bandwidth, storage and/or E-mail usage exceeding the limits outlined in your particular web hosting package specifications and resultant charges. Bandwidth overages are currently billed at $0.01/MB/month. Disk space overages are currently billed at $.75/MB/month. Payment Policies Alurium Hosting requires payment terms of Net 10, unless otherwise agreed upon. Accounts not brought current and are past-due 30 days will be assessed a 1.5% finance charge, with a minimum charge of $3.00. The Annual Percentage Rate for past-due accounts is 18%. Setup fees are non-refundable. All pricing is guaranteed for any term of pre-payment. Alurium Hosting reserves the right to change prices at any time, unless other terms have been agreed upon. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Alurium Hosting to request for termination of services. All payment is in U.S. currency. Alurium Hosting will bill each client $60.00 per returned check and per credit card chargeback received. Cancellation Alurium Hosting reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Alurium Hosting if Alurium Hosting institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.) Liability and Obligations on Cancellation If the Agreement expires or is cancelled for any reason, Alurium Hosting is not liable to you because of the expiration or cancellation for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the termination or expiration. If you terminate this Agreement, Alurium Hosting will not relieve you of any obligations to pay fees and costs accrued before the termination date or any other amounts you owe to Alurium Hosting under this Agreement.

IP Address Overlap

Alurium Hosting administers the network on which customer servers reside. The customer cannot use IP addresses which were not assigned to them by Alurium Hosting staff. Any server found using IPs which were not officially assigned will be suspended from network access until such time as the IP addresses overlap can be corrected. Material and Product Requirements You must ensure that all material and data placed on Alurium Hosting's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by Alurium Hosting. Alurium Hosting will make no effort to validate any of this information for content, correctness or usability. If your material is not "server-ready", Alurium Hosting may reject this material. Alurium Hosting will notify you of its refusal of the material and afford you the opportunity to modify the material to satisfy Alurium Hosting's requirements. Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your Web site. You must have the necessary knowledge to create and maintain a Web site. Alurium Hosting does not provide this knowledge or customer support outside of the Services. Intellectual Property Rights Material accessible to you through Alurium Hosting'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 Alurium Hosting or its servers and network 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 Alurium Hosting network. If you use a domain name in connection with Alurium Hosting or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security

Customers may not use the Alurium Hosting 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. Alurium Hosting 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. You are solely responsible for any security breaches affecting servers or accounts under your control. If your server or website is responsible for or involved in an attack on or unauthorized access into another server or system, Alurium Hosting will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting Alurium Hosting or any of its other customers. Electronic Commerce You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from. You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.

Static / Dynamic Content Caching

You expressly (i) grant to Alurium Hosting a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by Alurium Hosting under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

IP Address Ownership

Alurium Hosting shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Alurium Hosting and Alurium Hosting reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.