ACCEPTABLE USE POLICY /
TERMS OF SERVICE

Technic Elixir Web Services (hereinafter referred to as “Provider”) will use its best efforts protect each client (hereinafter referred to as “Subscriber”) and provide each Subscriber with the best services available. The following agreement sets forth guidelines to ensure, to the best of Provider’s ability, the best services available.

Content:

Any and all services provided by Provider 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 local statute, law, rule, regulation, ordinance or order is prohibited, including, but not limited to, copyrighted material (without the permission of the copyright holder to use such material), material judged to be threatening or obscene by Provider, unlicensed software or files or material protected by trade secret or any other statute, law, rule, regulation, ordinance or order. Subscriber agrees to indemnify and hold harmless Provider from any claims, suits, damages or losses resulting from the use of Provider’s service to Subscriber or to any third party.

Examples of unacceptable content or links include, but are not limited to, the following:

• Pirated software

• Illegal MP3's

• Hacker’s programs or archives

• Warez Sites

• Viruses, Trojan Horses, Worms, and any other malicious software

• Child Pornography

Provider will determine, in its sole discretion, what constitutes unacceptable content or links. Provider may also require some types of websites to obtain a dedicated IP address at an additional monthly charge.

Traffic/Hits & Server Resource Usage:

The allowed amount of traffic/hits and server usage by Subscriber depends on the plan Subscriber chooses. For detailed explanation of the different plans offered by Provider, please see the page entitled “Service Plans”. Subscriber’s account is limited to the allotted bandwidth/data transfer included with the plan Subscriber chooses. To maintain the integrity of Provider’s service, the following traffic and usage limitations apply:

• Sites with banners, graphics or CGI’s running from Subscriber’s domain being used on other domains;

• Sites with immense graphic archives or galleries;

• Sites offering immense download archives, such as .zip, .tar, .ra and .GZ;

• Sites running large chat room gatherings; and

• Sites using more than 15% of system resources.

If Subscriber attempts to use more than Subscriber’s plan allows, Provider may upgrade Subscriber without notice. The difference between Subscriber’s original plan and the upgraded plan will be due as of the date of the change. Provider will promptly notify Subscriber of any additional charges that may apply. Provider will determine, in its sole discretion, what constitutes a violation of usage limitations.

Provider will not monitor bandwidth/data transfer unless Subscriber reaches Subscriber’s account limit. In the event Subscriber reaches Subscriber’s account limit, then, in addition to the charges referred to herein, over-usage data transfer costs will apply.

Chat Rooms:

Provider does allows Subscriber to install its own chat rooms. However, since chat rooms tend to use large amounts of system resources, Provider may require the Subscriber wishing to install its own chat room to upgrade said Subscriber’s original plan. Provider does not provide a html based CGI chatroom that runs without hindering the performance of the machine for others. Subscriber is free to run Subscriber’s own chat script, as long as server performance is not hindered.

Background Processes/Programs:

Provider may allow programs to run continually in the background. Any request for having a program running continually in the background must be made by Subscriber in writing thirty (30) days before Subscriber has said program running. Provider will consider any such request on a case by case basis and notify Subscriber of Provider’s decision in a prompt manner. Provider may charge Subscriber extra charges for the running of said program. Any extra charges would be based on the system resources used and operational maintenance needed, and would reflect Subscriber’s prorata share of any such additional expenses to Provider.

Cron Jobs:

Provider allows Cron Jobs to be conducted on its servers.

IRC:

Provider does not allow IRC or IRC bots to be operated on its servers.

Multiple Connections:

Multiple telnet and ftp sessions are allowed on a single hosting account.

Idle Timeouts:

Provider may disconnect any idle connection to the network.

Average timeouts are:

FTP - 300 seconds

Telnet - 2 hours

Commercial Advertising - Email:

Spamming or the sending of unsolicited email from any of Provider’s server or using an email address that is maintained on any of Provider’s machines is STRICTLY prohibited. For general reference, spam is any email sent to more than 10 people at one time and who did not ask for the email to be sent to them.

It is the sole discretion of Provider to determine when a violation of this provision occurs. Opt-In email is acceptable, as long as Opt-Out/Removal requests are fully honored. Subscriber shall make an effort to limit outgoing mail on Subscriber’s account to no more than 1000 pieces per hour. Large mailings are preferred to be sent from the hours of 12 AM - 8 AM EST.

Server Abuse:

Any attempts to undermine or cause harm to any of Provider’s servers or Subscribers is strictly prohibited. Provider will pursue legal action, in its sole discretion, to the fullest extent for all abuse of Provider’s services.

Suspension/De-Activation:

Failure to comply with any terms or conditions of this Agreement or any other agreement between Subscriber and Provider will result in suspension or de-activation of Subscriber’s account by Provider, in Provider’s sole discretion. Provider reserves the right to remove any account without prior notice. No refunds shall be allowed or given for deactivation or suspension of Subscriber’s account due to violation of any policy or guideline of Provider. No refunds or credits shall be allowed or given for any advance payments on suspended or de-activated accounts due to violation of any policy. Provider is not obligated to give any warnings prior to de-activation or suspension. Provider shall attempt to deliver a warning for the first offense and will attempt to resort to de-activation only upon a second violation of any policy or guideline. Provider reserves the right to deactivate or suspend any account due to violation of any policy or guideline, in its sole discretion.