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To maintain server integrity and ensure a safe hosting environment,  we insist that each customer accept the following policies prior to soliciting our services. Ultimately, our goal is to protect your web investments!

Illegal Activities
Web Panache does not support illegal activities of any kind.  These activities may include, yet are not limited to spamming; copying, distributing and/or publishing literature, images, software or music that violates any copyright laws; harassment, fraud or misrepresentation; trafficking of obscene or racial material, illegal drugs or any other illegal or harmful substance. We do not accept responsibility for policing customer actions, however, we will comply with any legal authority requesting information about possible illegal activities.  If illegal activity is brought to our attention we will warn the customer and/or dis-activate the account depending on the nature of the violation.

Service Abuse
Abuse of Web Panache services is not tolerated. Service abuse includes yet is not limited to "Spamming" (sending unsolicited material to numerous email addresses, or exceeding a reasonable distribution level for regular e-mail), "Trolling" (posting outrageous messages to generate numerous responses), or "Mailbombing" (sending multiple messages without significant new content to the same user); commercial solicitations using return e-mail addresses which do not exist or are unauthorized by the address owner; subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system; or attempting to use server related resources or applications without permission.

Note:  Web Panache reserves the right to automatically charge customers at the rate of $200 an hour for any time spent  processing service abuse complaints (particularly spam related) generated by a customer's web site or e-mail accounts. As an ISP, we do not tolerate spam.  Any site found to generate spam will be immediately deactivated, and the customer charged for any time spent by Web Panache responding to third party complaints.

Misuse of System Resources
Web Panache reserves the right to determine what constitutes misuse of system resources. Examples include: permitting use of mail services, mail forwarding capabilities, POP accounts or any other resource for third parties. In addition, Web Panache servers should not be used as offsite storage facilities for electronic files. All files (.gif, .jpeg, .exe, etc.) must be associated with an HTML file or application stored on the server.

Executable Files
An executable file (i.e. “.exe”) is any file that performs an action, carries out a command or executes a program.  Unlike source files, executable files must pass through a compiler or assembler to run.

To ensure server integrity, Web Panache requires its Customers to acknowledge in writing and comply with the following conditions concerning executable files. The Customer is also responsible for the acknowledgement and compliance of all and any third party Developers, Web Masters or other entities in their employ accessing or manipulating their web site files for any reason:

  1. The Customer agrees to provide Web Panache with source code copies of each executable file, a summary of the installation instructions and a description of the behavior.
  2. If the program containing the executable file(s) was purchased from a vendor, the Customer agrees to provide Web Panache with the vendor name, software name and software version number.

Each executable file is evaluated in advance on a case-by-case basis.  Web Panache reserves the right to deny and/or remove any .exe file at its own discretion.  Files found to be non-compliant with the remaining policies will not be installed:

  1. Executable files that impact other accounts are not permitted.
  2. Executable files that attempt to read, write or execute files of other customers are not permitted.
  3. Executable files found capable of modifying or negatively impacting any operating system components, system files or machine settings are not permitted.
  4. Executable files capable of compromising data security or server integrity in any way are not permitted.

Note:  Web Panache reserves the right to automatically charge customers at the rate of $200 an hour for any time spent  processing complaints or restoring machines as a result of faulty .exe files or applications.

Custom Applications and Development
Web Panache servers are "production" machines and may not be used for application development of any kind.  All custom code must be fully tested prior to installation. Common and self-designed CGI scripts are allowed, however, they must be commercial grade and not consume excessive CPU time, storage or memory.  Execution rights will be immediately removed from any folder containing a custom or non-supported commercial application found to negatively impact server performance or to cause server errors of any kind.

Server Access
You will be provided with full access to all directories, folders and server features agreed upon in your order form (FrontPage extensions, FTP Access, CGI Bins, e-mail accounts, etc.)  You may expect access 24 hours a day 7 days a week excluding occasional and reasonable "down time" periods as well as brief server maintenance periods.

Limitation of Liability Agreement
You expressly agree that use of our service is at your sole risk.  Neither Web Panache nor any of its information providers, affiliates, employees or third party vendors warrant that the service will be uninterrupted or error free; nor does Web Panache nor any of its information providers, affiliates, employees or third party vendors make any warrantee as to the results to be obtained from use of the service.  The service is distributed on an "as is" basis without warranties of any kind, either expressed or implied including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose or use with respect to the service or information. Neither Web Panache nor anyone else involved in creating, producing or delivering the service shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of the service or inability to use the service or out of any breach of any warranty.

If a customer does not comply with the preceding guidelines and agreement, action will be taken. Action may include a written warning or suspension or cancellation of any or all services.  In the event of an account cancellation, no refund will be made.


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