AUP - TOS - Privacy
Statment/Disclaimer - COPPA Policy
Acceptable Use Policy
(AUP)
Poc provides web hosting to many clients,
and we have a responsibility to protect each client and
to provide the best services available. We believe these
are fair and any normal site should have no problems following
them. The following guidelines were established to ensure
these obligations are met. We haven't randomly thought of
these rules, they are rules that have been put in place
from experience as server administrators which we know make
our servers perform better. If you have a question about
them please e-mail
.
Content:
All services provided by Poc 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 statute. The subscriber
agrees to indemnify and hold harmless Poc and its employees
from any claims resulting from the use of the service which
damages the subscriber or any other party.
Poc will be the sole arbiter as to what
constitutes a violation of this provision.
Banned Scripts (for Virtual Hosted Accounts):
- CGI/Perl Based Forums
- YaBB CGI Version
- Topsites scripts
- Ikonboard (CGI)
- UltimateBB (CGI)
- 4Images or any CGI based image galleries
- Any scripts VERY likely to eat up all of our CPU
- Chat Scripts: We usually do not allow clients to
install their own
chat rooms. These tend to be a large drain on system resources
and we cannot allow it as an account option. CGI Chat rooms
are
absolutely prohibited in all situations. Java clients to
connect to irc
rooms are fine (eg. JIRC) however, php or cgi chat clients
are
banned. Habbo style chatting scripts are also banned due
to the
intensity of them and the server resources they use.
- IRC: We currently do not allow IRC or IRC bots
to be operated on our servers. These include Eggdrop bots
and TCL scripts.
Other banned items and/or limitations can
be found in the FAQ's section (click
here)
Banned Scripts (for Pro Accounts):
The Following Scripts Are Banned:
- YaBB CGI Version
- Topsites scripts
- Ikonboard (CGI)
- UltimateBB (CGI)
- 4Images or any CGI based image galleries
- Any scripts VERY likely to eat up all of our CPU(s)
- IRC: We currently do not allow IRC or IRC bots to be operated
on our servers. These include Eggdrop bots and TCL scripts.
Backups:
Allthough the Datacenters do make weekly backups
of accounts, t he user agrees that they will keep backups
of their sites on their computers, Poc accepts no responsibility
for loss of data. The end user is responsible for making
sure they have up to date site files saved offline. .
Commercial Advertising - Email:
Spamming, or the sending of unsolicited email,
from a Site or using an email address or domain that is
maintained on a Poc machine as a reference is STRICTLY
prohibited. Accounts in violation of our spamming policy
WILL BE DELETED WITHOUT NOTICE. Poc will be the sole
arbiter as to what constitutes a violation of this provision.
All mailing lists should be double opt-in. This means when
users on a clients site give their e-mail address the user
should also have to verify it through e-mail afterwards
before anymore mail is sent. This prevents us being listed
in spam databases.
Background Running Programs (Virtual Hosted
Accounts):
We currently do now allow programs to run
continually in the background (such as cron jobs) on our
Virtual Hosted Accounts. The Pro Accounts have an option
in thier Cpanel login.
IRC:
We currently do not allow IRC or IRC bots
to be operated on our servers. These include Eggdrop bots
and TCL scripts.
Server Abuse:
Any attempt to undermine or cause harm to
a server, or customer, of Poc is strictly prohibited.
These attempts can include DOS attacks or hacking.
Refusal of Service:
We reserve the right to refuse, cancel, or
suspend service at our sole discretion. We don't often do
this, only in the event of an out of control script, failure
to pay or Poc not being able to contact the site owner.
Illegal use:
Poc's services may not be used for illegal
purposes, or in support of illegal activities. Poc reserves
the right to cooperate with legal authorities and/or injured
third parties in the investigation of any suspected crime
or civil wrongdoing.
Harm to minors:
Use of the Poc service to harm, or attempt
to harm, minors in any way, including, but not limited to
child pornography or child abuse is strictly prohibited.
Harassment:
Use of the Poc service to transmit any
material (by e-mail, uploading, posting or otherwise) that
harasses another is strictly prohibited.
Fraudulent activity:
Use of Poc service to make fraudulent
offers to sell or buy products, items, or services, or to
advance any type of financial scam such as "pyramid
schemes," "ponzi schemes," and "chain
letters." is strictly prohibited.
Forgery or impersonation:
Adding, removing or modifying identifying
network header information in an effort to deceive or mislead
is prohibited. Attempting to impersonate any person by using
forged headers or other identifying infrmation is prohibited.
The use of anonymous remailers or nicknames does not constitute
impersonation.
Unauthorized access:
Use of the Poc service to access, or to
attempt to access, the accounts of others, or to penetrate,
or attempt to penetrate, security measures of Poc's
or another entity's computer software or hardware, electronic
communications system, or telecommunications system, whether
or not the intrusion results in the corruption or loss of
data, is expressly prohibited and the offending Poc
account is subject to immediate termination.
Copyright or trademark infringement:
Use of the Poc service to transmit any
material (by e-mail, uploading, posting or otherwise) that
infringes any copyright, trademark, patent, trade secret
or other proprietary rights of any third party, including,
but not limited to, the unauthorized copying of copyrighted
material, the digitization and distribution of photographs
from magazines, books, or other copyrighted sources, and
the unauthorized transmittal of copyrighted software.
Collection of personal data:
Use of the Poc service to collect, or
attempt to collect, personal information about third parties
without their knowledge or consent is strictly prohibited.
Network disruptions and unfriendly activity:
Use of the Poc service for any activity
which affects the ability of other people or systems to
use Poc Services or the Internet. This includes "denial
of service" (DOS) attacks against another network host
or individual user. Interference with or disruption of other
network users, services or equipment is prohibited. It is
the Member's responsibility to ensure that their network
is configured in a secure manner. A Subscriber may not,
through action or inaction, allow others to use their network
for illegal or inappropriate actions. A Subscriber may not
permit their network, through action or inaction, to be
configured in such a way that gives a third party the capability
to use their network in an illegal or inappropriate manner.
Unauthorized entry and/or use of another company and/or
individual's computer system will result in immediate account
termination. Poc will not tolerate any subscriber attempting
to access the accounts of others, or penetrate security
measures of other systems, whether or not the intrusion
results in corruption or loss of data.
Distribution of Viruses:
Intentional distributions of software that
attempts to and/or causes damage, harassment, or annoyance
to persons, data, and/or computer systems are prohibited.
Such an offense will result in the immediate termination
of the offending account.
LIMITATION OF LIABILITY:
Poc shall not be responsible for any claimed
damages, including incidental and consequential damages,
which may arise from Poc servers going off-line or being
unavailable for any reason whatsoever. Furthermore, Poc
Inc shall not be responsible for any claimed damages, including
incidental or consequential damages, resulting from the
corruption or deletion of any web site from one of Poc
servers. All damages shall be limited to the immediate termination
of service.
Violations of these Acceptable Uses Policies
should be referred to
All complaints will be investigated promptly.
Failure to follow any term or condition will
be grounds for immediate account deactivation..
DISCLAIMER:
Poc cannot be held liable for system downtime,
crashes, or data loss. We cannot be held liable for any
predicted estimate of profits in which a client would have
gained if their site was functioning. Certain services provided
by Poc are resold. Thus, certain equipment, routing,
software, and programming used by Poc may not be directly
owned or written by Poc. Moreover, Poc holds no
responsibility for the use of our clients accounts. If any
terms or conditions are failed to be followed, the account
in question will be automatically deactivated. We reserve
the right to remove any account without advanced notice
for any reason without restitution as Poc sees fit.
ACCOUNT ACTIVATION:
By activating your account with Poc, you
agree to the above policies and disclaimer. Upon requesting
an account activation, you are required to accept these
policies, guidelines, and disclaimer and a copy of your
acceptance is forwarded along with your activation request
to be maintained within your account information.
NOTICE:
All payments are final and non-refundable.
If you sign up for an account and do not follow
our terms. No refunds will be given if your account gets
canceled. We will however let you know by email or phone
before any action is taken and you will have a chance to
solve the matter.
Furthermore, Poc retains the right to
change any or all of the above Policies, Guidelines, and
Disclaimer without notification.
The agreement constitutes the entire agreement
between the parties hereto. The terms and conditions of
this agreement shall be interpreted and enforced pursuant
to the laws of the State of Florida.
Terms
Of Service
All Payments To Poc Are Non-Refundable
Poc agrees to furnish services to the
Subscriber, subject to the following TOS (Terms of Service).
Use of Poc Service constitutes acceptance
and agreement to Poc's AUP as well as Poc's TOS
(Terms of Service).
All provisions of this contract are subject
to the TOS (Terms of Service) of Poc and AUP (Acceptable
Use Policy). The AUP may be changed from time to time at
the discretion of the Company. Subscriber understands that
change to the AUP by the Company shall not be grounds for
early contract termination or non-payment.
This Agreement shall be construed in all respects
in accordance with the laws of the state of Texas, county
of Harris applicable to contracts enforceable in that state.
Venue will be Harris County, Texas
1. Disclosure to Law Enforcement: The
AUP specifically prohibits the use of our service for illegal
activities. Therefore, Subscriber agrees that the Company
may disclose any and all subscriber information including
assigned IP numbers, account history, account use, etc.
to any law enforcement agent who makes a written request
without further consent or notification to the Subscriber.
In addition Poc shall have the right to terminate all
service set forth in this Agreement.
2. Service Rates: Subscriber acknowledges
that the nature of the service furnished and the initial
rates and charges have been communicated to Subscriber.
Subscriber is aware that the Company may prospectively change
the specified rates and charges from time to time. The promotional
offer is contingent upon Company achieving and maintaining
its cost of service goals including but not limited to rates
charged to company by its suppliers. This only applies for
account upgrades and/or new account requests. All current
subscribers as long as they do not request a modification
of thier plan level will keep their initially subscribed
price.
3. Payment: Payments are due on the
anniversary date of the month for that month's service.
Upon failure to meet payment deadline, Poc reserves
the right to terminate all services on the user’s account,
or may turn the account over to an outside collection agency
for collection where you agree to pay an outside fee to
retrieve your account.
4. Refund and Disputes: All payments
to Poc are nonrefundable. If you dispute a charge to
your credit card issuer that, in Poc's sole discretion
is a valid charge under the provisions of the TOS and /or
AUP, you agree to pay Poc an "Administrative Fee"
of not less than $30 and not more than $50.
5. Account Cancellation: All requests for
canceling accounts must be emailed to
on or before day of cancelation.
6. Subscriber acknowledges that the service
provided is of such a nature that service can be interrupted
for many reasons other than the negligence of the company
and that damages resulting from any interruption of service
are difficult to ascertain. Therefore, subscriber agrees
that the company shall not be liable for any damages arising
from such causes beyond the direct and exclusive control
of the company. Subscriber further acknowledges that the
company's liability for its own negligence may not in any
event exceed an amount equivalent to charges payable by
subscriber for services during the period damages occurred.
In no event shall the company be liable for any special
or consequential damages, loss or injury.
7. Transfer/Register of Domains: Poc
Inc can setup your already registered domains for you. Due
to the unpredictable nature of the transfer/creation process,
no guarantees are made regarding the amount of time a specific
transfer/creation may take. Poc may charge an extra
fee for doing such work, and such fee may change in amount
from time to time.
8. Support Boundaries: Poc, provides
free technical support to our subscribers. The following
is our guidelines when providing support: Poc provides
support related to your accounts physical functioning. Poc
Inc does not offer tech support for application specific
issues such as cgi programming, html or any other such issue.
SPAM and Unsolicited Commercial Email (UCE):
Poc takes a zero tolerance approach to the sending of
Unsolicited Commercial Email (UCE) or SPAM over our network.
Accounts caught sending unsolicited, as defined by Poc*,
email/usenet postings, either through our servers or to
promote a web site on our servers or to promote an affiliate link, will be terminated
immediately, will not qualify for a refund and will be charged
$50 per complaint filed.
*Unsolicited is defined, by Poc as: E-mail
sent to recipients who have not asked to be contacted by
you or Usenet postings (that are cross-posted to more than
three newsgroups and/or posted in newsgroups where this
is against that groups FAQ or charter), for the sole purpose
of promoting a website or commercial business on our servers.
9. System and Network Security: Users
are prohibited from violating or attempting to violate the
security of the Poc Network. Violations of system or
network security may result in civil or criminal liability.
Poc will investigate occurrences, which may involve
such violations and may involve, and cooperate with, law
enforcement authorities in prosecuting Users who are involved
in such violations. These violations include, without limitation:
• Accessing data not intended for such
User or logging into a server or account, which such User
is not authorized to access.
• Attempting to probe, scan or test the
vulnerability of a system or network or to breach security
or authentication measures without proper authorization.
• Attempting to interfere with service
to any user, host or network, including, without limitation,
via means of overloading, "flooding", "mail
bombing" or "crashing".
• Forging any TCP/IP packet header or
any part of the header information in any e-mail or newsgroup
posting.
• Taking any action in order to obtain
services to which such User is not entitled.
10. Notification of Violation:
a. Poc is under no duty to look at each
customer's or user's activities to determine if a violation
of the AUP has occurred, nor do we assume any responsibility
through our AUP to monitor or police Internet-related activities.
b. First violation: Any User, which Poc
determines to have violated any element of this Acceptable
Use Policy, shall receive an email, warning them of the
violation. The service may be subject at Poc's discretion
to a temporary suspension pending a User's agreement in
writing, to refrain from any further violations.
c. Second Violation: Users that Poc determines
to have committed a second violation of any element of this
Acceptable Use Policy shall be subject to immediate suspension
or termination of service without further notice.
11. Suspension of Service or Cancellation:
Poc reserves the right to amend its policies at any
time. All sites on Poc must adhere to the above policies.
Failure to follow any term or condition will be grounds
for immediate Cancellation.
12. Responsibility for Content: You,
as Poc's customer, are solely responsible for the content
stored on and served by your Poc account.
Privacy
Statement for Poc
Poc has created this privacy statement
in order to demonstrate our firm commitment to privacy.
The following discloses the information gathering and dissemination
practices for this web site.
Information Automatically Logged
We use your IP address to help diagnose problems with our
server and to administer our web site.
Advertisers
We use an outside ad company to display ads on our site.
These ads may contain cookies. While we use cookies in other
parts of our Web site, cookies received with banner ads
are collected by our ad company, and we do not have access
to this information.
Personal Information
This web site does not share any personal information with 3rd parties.
External Links
This site contains links to other sites. Poc is not
responsible for the privacy practices or the content of
such web sites.
Contacting the Web Site
If you have any questions about this privacy statement,
the practices of this site, or your dealings with this web
site, you can contact:
COPPA Policy
In order to comply with the Children's Online Protection Privacy Act, effective April 21 2000, Poc has a policy on how we deal with information relating to minors.
Poc has a diverse client base, but does not communicate or do business with anyone under 13 years of age.
If you are a parent or guardian and wish for Poc to design a website (or any other form of material) for your child (i.e., Website for a child actor), all communication and material involved must come directly from you.
This policy is intended to protect children, whilst still allowing them to participate as much as possible. Any information collected from any person will not be more than is reasonably necessary to complete an assigned task. No information collected will be disclosed to third parties unless under specific agreement by Poc and the parent or guardian (or unless requested by relevant law authority).
This policy applies if you are 13 or under. Any user found to be falsely claiming to be an age that they are not (either older or younger than their real age), if disclosed, may be banned from further to this website and your activity may be reported to your ISP or a relevant law authority, who may take further action at their discretion, if they deem it appropriate.
