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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.

 

 



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