+ UNACCEPTABLE ACTIVITIES:

These include, but are not limited to:

Spamming: sending unsollicited messages, for the purpose of advertising or creating a nuisance. In the case of commercial sollicitations, 'unsollicited' means their recipients have no existing relationship, business or not, with our customer. These messages may be sent by e-mail or on the newsgroups, or any other means.

Mail Bombing: causing an other user's email account to receive a high volume of messages against their will. By subscribing them to some Mailing Lists, for instance.

Mail Spoofing: using an invalid return address when sending an email message, thus preventing the recipient from identifying the source of the message.

Groups Spoofing: this is the same type of unacceptable activity, but on the NewsGroups.

Account Hacking: trying to access the shell or private files of another customer without prior permission from the offended customer will result in your account termination without refund and/or legal prosecution.

IRC: we have nothing against IRC users; in fact, most of them aren't doing anything bad. However, we do not accept any IRC script on our servers: eggdrops and irc bouncers aren't illegal per se, but we aren't exactly thrilled at the perspective of Denial Of Service attacks by untempered fellow IRC users.

Please, bear in mind that any wrongdoing will not only cause a major annoyance to others, but also damage the image of your business and yourself. Not to mention the fact that we will have to shut down the sites of repeat offenders.

If you are unsure whether your actions are in accordance of the net etiquette, please send an email to abuse@voilaweb.com and we will be glad to help.

If your actions have caused VOILAWEB mail servers or VOILAWEB IP address ranges to be placed on blackhole lists and other mail filtering software systems used by companies on the internet, you will be assessed a $500 charge to your account and $250 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.

+ CONDITIONS TO BECOME A CUSTOMER:

Age: the client who applys for a hosting must be 18 years of age to obtain our service.

Liability (biz): when applying for a hosting on behalf of a business, the client must be a legal representative of that business. We automatically assume in good fairness he/she is though. However, we also understand the concept of satirical web sites, and as long as theses sites do not infringe any copyright we allow them.

Liability (crim): VoilaWeb servers may not be used to abuse the law. Drug dealing, pedophily, and any other unlawful activity will be terminated without any warning. If you don't know where the limit is, read the Books.

+ CUSTOMER SECURITY OBLIGATION:

Each Customer must use reasonable care in keeping each server or network devices attached to VOILAWEB infrastructure up-to-date and patched with the latest security updates. Failure to use reasonable care to protect your server may result in a security compromise by outside sources. VOILAWEB is not responsible for Customer server level security unless a security administration package, firewall security administration package or fully managed operating system package is contracted for. A compromised server creating network interference will result in immediate Customer notification and will be disconnected from the network immediately so as to not directly affect other Customers. No service credits will be issued for outages resulting from disconnection due directly to breached server security. The Customer is solely responsible for any breaches of security affecting servers under Customer control. If a Customer intentionally creates a security breach, the cost to resolve any damage to Customer's server or other servers will be charged directly to the Customer. The labor used to resolve such damage is categorized as emergency security breach recovery and is currently charged at $295 USD per hour.

+ WHERE DO WE STAND:

We, at VoilaWeb, support Free Speech. This means, when receiving complaints, the incriminated customer is automatically considered innocent and we will not take any preemptive measures.

In NO case will VoilaWeb substitute itself for a court of law in deciding tort claims raised by a third party.

If one of our customers' account is found to be the originator of unlawful activities and/or infringing our policy, the customer will be held responsible unless account hacking is proved. It is the customer's sole responsility to protect their account by using safe passwords and not divulging them.

Additionnally, we reserve the right to refuse or cancel service at our sole discretion. Only well-known offenders are concerned, for example hate groups.

+ ABUSE OF RESOURCES:

We have no specific rules specifying that our clients shouldn't run chat programs nor any other potential CPU/disk/traffic hog. However, customers whose sites are found to impair the performance of our servers in good faith will be proposed to move to a 'high profile account' at a fair price.

+ COPYRIGHT INFRINGEMENT:

VOILAWEB and its providers datacenter infrastructure including network, leased hardware, co-location services, and other hardware located in the facility may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights.
Utilizing, or distributing unauthorized copies of software are a violation of federal and state law. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. VOILAWEB will cooperate with all law enforcement agencies in relation to alleged copyright infringement housed in our datacenters.

+ CHILD PORNOGRAPHY:

VOILAWEB will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimate ly responsible for the actions of their clients over VOILAWEB 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 sexu al 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 act ivity with a person under the age of eighteen years.

+ CANCELLATION:

VoilaWeb reserves the right to cancel service at any time for the reasons mentioned above or for extreme lack of payment from the customer. If termination if caused by customers violation of our policies, there will be no refund. In every other case, all fees paid in advance of cancellation will be refunded on a pro-rated basis.

Customers can also cancel service at any time, and only fees for the current month will be due. THERE IS NO EARLY TERMINATION FEES.

+ LIMITATION OF LIABILITY:

Backups of our servers are made daily. Understand that not guarantees are made, either expressed or implied, that you will be able to restore your site from these backups. It is the client responsability to maintain local backups of their site and data.

Considering the unpredictability of the Internet, and although VoilaWeb strives at maintaining an uptime ratio above 99%, as well as fault-free servers, VoilaWeb shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from our servers going off-line or being unavailable, or from their data corruption. All damages shall be limited to the immediate termination of service. It is the responsability of the customer to ensure that their data is appropriately preserved.