provides web hosting to numerous clients which means that we have a
responsibility to protect each client and to provide the best services
available. The following guidelines were established to ensure these crucial
obligations are met.
These Policies, Guidelines, and Disclaimer are intended for all domains
residing on Confuci.us servers, including regular hosting clients,
resellers, and their clients. We ask that all clients reselling our hosting
services in any way, including those providing non-virtual hosting services,
implement these same Policies, Guidelines, and Disclaimers into their own
web sites to ensure that the same are understood and met by their clients.
Resellers and their clients are bound by these same Policies, Guidelines and
Disclaimers. By reselling and purchasing Confuci.us services, you
hereby agree that Confuci.us shall not be held liable for any promises
or failure of same that Reseller's extend to their clients, including but
not limited to, quality of service, financial obligations, financial losses
or any other claim NOT provided to Reseller in writing by Confuci.us . It is
the legal duty and obligation of the Reseller to provide these policies and
guidelines to its client(s).
Our packages are all designed to allow for bandwidth maximums, each
dependent upon the package that you have chosen for your domain. None of our
packages come with unlimited bandwidth. We have the option within our Domain
Management System to allow any of the domains that exceed these bandwidth
parameters to be automatically suspended. We no longer do that because our
clients indicated to us that they prefer to have their sites remain
operative. Bandwidth is reset at the end of each month therefore if you go
over your limit on the 15th of the month your site would be shutdown until
the first. Obviously this is just not good business.
Therefore when your site/s exceed bandwidth parameters, we must monitor
bandwidth usage and adjust your billing histories accordingly. Right now,
when we find a domain has exceeded their bandwidth allotment, we charge
$7.50 / GB of overage to the client's account. This is being done
retroactively through June of this year, meaning you are now being charged
for Juneís overage. In August you will be charged for Julyís overage and in
September for Augustís overage and so on.
As of September 01, 2001 we will be initiating bandwidth overage fees of
$10.00/GB for manual adjustments. If you pre-purchase extra bandwidth, you
will be charged at the following rates:
One (1) GB increments - $7.50 / GB
Ten (10) GB increments - $70.00 / 10 GB ($7.00 / GB)
Twenty-five (25) GB increments - $150.00 / 25 GB ($6.00 / GB)
Once again, thank you for choosing to have your web site(s) hosted with us
and we look forward to providing you with only the best in hosting services.
These include spamming (sending unsolicited advertising to those with which
the customer has no existing business relationship, posting off-topic
advertising in newsgroups); spoofing (using a return email address which is
not the valid reply address of the sender or sending an email message which
does not contain enough information to enable the recipient to identify the
party who is really sending the message; passive spamming (promoting a web
site hosted by Confuci.us by spamming from some other source),
trolling (posting controversial messages in newsgroups to generate
responses), mailbombing (inundating a user with email without any serious
intent to correspond), generating a higher volume of outgoing mail than a
normal user (20% or more of available system resources), and subscribing
someone else to an electronic mailing list without that person's permission.
A message is considered unsolicited if it is posted in violation of a
newsgroup charter or sent to a recipient who has not requested the message.
Making an email address available to the public does not constitute a
request to receive messages. Distribution of mass emailing programs is also
prohibited. All recipients on a mailing list must have personally
subscribed. Mailing lists may not be used to distributed unsolicited email.
Any customer repeatedly "mailbombed" or that attracts such behavior will be
asked to leave. If you are not sure if your actions will be in violation,
please ask first email@example.com . We also do not allow sites selling
Age. The client must be 18 years of age to obtain our service.
Abuse of the legal rights of others:
Examples of unacceptable activities in this regard include posting private
information about a person without their consent, infringing intellectual
property rights, defaming a person or business, and knowingly making
available code which will have a deleterious effect on third party
computers. Confuci.us supports free speech on the Internet, and will
not suspend or cancel a customerís account simply because it disagrees with
the views expressed by the customer. Where there are allegations that a
customerís on-line activity has violated the legal rights of a third party,
Confuci.us will not substitute itself for a court of law in deciding
tort claims raised by the third party.
Abuse of the law:
Confuci.us ís services may be used for lawful purposes only. Illegality
includes but is not limited to: drug dealing; attempting without
authorization to access a computer system; pirating (distributing
copyrighted material in violation of copyright law, specifically MP3s,
MPEG's, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking
in obscene material; sending a message or having content that is obscene,
lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten,
or harass another person; threatening bodily harm or damage to individuals
or groups; violating U.S. export restrictions; stalking; or violating other
state or federal law such as the Electronic Communications Privacy Act, the
Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to
illegal material is also prohibited. Confuci.us reserves the right to
check system files, email, and other data on our servers for illegal content
and materials, or for any other reasons deemed necessary.
Pornography and sex-related merchandising, or links to such material, even
if legal, is not an acceptable use of Confuci.us ís servers.
Abuse of Confuci.us 's Server Resources:
Running programs in the background on a Confuci.us ís server without
Confuci.us ís prior written authorization, or running chat rooms, Internet
Relay Chat, IRC bots, and the like are not acceptable uses of Confuci.us ís
servers. Further, any usage of twenty percent (20%) or more of our system
resources is an undue burden on our system and is unacceptable. If your
usage ever exceeds twenty percent (20%) of system resources, you will be
contacted and asked to eliminate the problem. In addition, any domain that
exceeds ten gigabytes of bandwidth traffic can be terminated without prior
Confuci.us reserves the right to report illegal activities to any and
all regulatory, administrative, and/or governmental authorities for
The following examples of unacceptable behavior are non-exclusive, and are
provided for guidance purposes. If you are unsure if your actions will be a
violation of our policies please ask abuse@Confuci.us
Server broadcast messages or any message sent on an intrusive basis to any
directly or indirectly attached network Attempt to circumvent any user
authentication or security of host, network, or account. Accessing data not
intended for user. Probing the security of any network. Spawning dozens of
processes. Port scans, ping floods, packet spoofing, forging router
information, Denial of Service attacks, sniffers, flooding, spoofing, ping
bombing, smurfs, winnuke, land, teardrop. Promulgation of viruses. IRC bots
such as eggdrop or BitchX. Any activity, whether or not the intrusion
results in the corruption or loss of data, will be investigated and proper
action taken. The presence of any of these programs, whether or not run,
will result in action against the user including suspension or termination.
The client is responsible for all activity originating from the account
unless proven to be a victim of outside hacking or address forgery. The
client is responsible for securing their username/password. Use of
Confuci.us 's service 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 the web space by the
client. The following examples are offered: Web Publishing: requires
knowledge of HTML, properly locating and linking documents, FTPing Web
contents, Graphics, text, sound, image mapping, etc. FrontPage web
publishing: knowledge of the FrontPage tools as well as Telnet and FTP
understanding and capability. CGI-Scripts: requires a knowledge of the UNIX
environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
Mail: a use of mail clients to receive and send mail, etc. The client agrees
that he or she has the necessary knowledge to create and maintain their web
space. Client agrees that it is not the responsibility of Confuci.us
to provide this knowledge or support outside matter specific to Confuci.us
Full backups are made weekly, and backups of new/changed data made nightly.
No guarantees are made of any kind, either expressed or implies, as to the
integrity of these backups. Backups are made for server restoration purposes
only. It is the clientsí responsibility to maintain local copies of their
web content any information. If loss of data occurs due to an error of
Confuci.us , Confuci.us will attempt to recover the date for no charge
to the client. If data loss occurs due to negligence of client in securing
their account or by an action of the client, Confuci.us will attempt
to recover the data from the most recent archive for a $50.00 fee.
Confuci.us maintains control and any ownership of any and all I.P.
numbers and addresses that may be assigned to the client and reserves in its
sole discretion the right to change or remove any and all IP numbers and
MONEY BACK GUARANTEE:
Regular Hosting Clients - Should you become unsatisfied with our services
within the first 30 days of your account activation, Confuci.us will
refund your hosting fee.
Reseller's- In the event that you become
unsatisfied with our services within 30 days of your reseller account
activation, only your initial account fees will be refunded. Once you have
added a resold account to your Reseller Plan you will no longer qualify for
the money back guarantee/refund. We can not be HELD LIABLE for any fees that
you charge your clients.
Confuci.us does not refund fees which you have paid to InterNIC.
LIMITATION OF LIABILITY:
Confuci.us shall not be responsible for any claimed damages, including
incidental and consequential damages, which may arise from Confuci.us ís
servers going off-line or being unavailable for any reason whatsoever.
Further, Confuci.us 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 Confuci.us ís servers. All damages
shall be limited to the immediate termination of service.
Confuci.us shall be the sole arbiter of what is and is not a violation
of these acceptable use policies. Confuci.us reserves the right to
terminate an account at any time and for any reason that causes harm to any
Confuci.us customer's web sites. Confuci.us reserves the right
to delete all content and files upon termination. Confuci.us reserves
the right to withhold any pre-paid funds for any site removed for violations
of these policies. Confuci.us reserves the right to refuse, cancel, or
suspend service at our sole discretion.
Confuci.us reserves the right to change these Policies without prior
notice or warning. Non-enforcement of any part of these Policies does not
Violations of these Policies should be referred to abuse@Confuci.us
All complaints will be investigated promptly.