Raleigh Web Hosting, Design and Search Optimization

Acceptable Use Policy & Guidelines
Graber Communications, LLC. ("Grabers") provides web site hosting and dedicated services to its clients as a way for those clients to pursue the informational and commercial exchange the Internet affords. To protect the interests of all clients and to ensure optimal service levels, Grabers has developed the following Acceptable Use Policy ("AUP") for clients as a guide to client rights and responsibilities when utilizing services offered by Grabers. Use of any service offered by Grabers by any client will constitute acknowledgment of and agreement to the terms outlined in this document. This AUP may be revised in part or in full at any time by Grabers and notices of changes will be posted to the Grabers community forums. Continued use of services offered by Grabers after such changes or enhancements to the AUP have been made will constitute acceptance of any revisions to the AUP.

Content
All services provided by Grabers may be used for lawful purposes only. Grabers does not monitor, edit, censor, or take responsibility for client content or communications from within the network controlled by Grabers except inasmuch to determine if violations of the AUP have occurred once a suspected violation has been brought to the attention of Grabers. Therefore, clients are solely responsible for the content and use of their service as provided by Grabers and should ensure that such use falls within the guidelines of the AUP. Grabers cannot and will not monitor, edit, censor, or otherwise interfere with information or content clients may retrieve from sources outside the Grabers network even when such information is made available to clients through the use of material deliverable to any site or service maintained by Grabers, such as via email. Because of this, Grabers will not be responsible for injury or liability to any client resulting from communications that may be offensive, misleading, illegal, or otherwise unsuitable in the view of the client. Clients further agree to indemnify and hold harmless Grabers or any of its subsidiaries from claims resulting from the use of any provided service which damages the client of any other party.

Data Retention
Backups are performed by Grabers as a courtesy to clients; however, all clients are advised to maintain a current local copy of their files in the event backups are irretrievable for any reason. Grabers will not be deemed responsible for data or other loss resulting from the unavailability of backups. Backups will not be retained for accounts that have been cancelled, unless such retention is deemed necessary by Grabers. As cancellation requests are processed immediately, any required files from the affected account should be downloaded prior to the cancellation request.

Prohibited Activities
Commercial advertising - email:
The sending of unsolicited email (spamming) from a Grabers server or referencing a domain hosted by Grabers in any spam, whether originating from the Grabers network or not, is forbidden. Grabers maintains an excellent reputation as a zero-tolerance provider due to swift action on spam complaints. Complaints regarding spamming are investigated thoroughly by Grabers. Should abuses be found, Grabers reserves the right to immediately and without notice terminate the offending account. Sites that promote, sell, or otherwise provide access to spamware products or email lists or products that are solely for the purpose of extraction or sale of email addresses or which are used to send bulk email are not permitted on any Grabers server. Unsecured form to mail scripts, such as Matt Wright\'s formmail script, are likewise prohibited as are any naming variant of generic form to mail scripts (formmail.*, Formmail.*, FormMail.*). Unsecured form to mail scripts found to exist under any client account may be deleted or renamed at the discretion of Grabers.

Misuse of system resources:
To protect and maintain high availability of all servers, activities designed to cause harm to or monopolize the resources of any server in the Grabers network is prohibited. This includes, but is not limited to, the use of programs that consume excessive CPU time; use of server space for backup or storage of material unrelated to the web site of an account; use of any provided mail services other than for the client\'s own account; resale of disk space without an appropriate reseller agreement; use of servers to engage in any malicious or illegal activity, including unauthorized access to remote systems or providing the means for such access or engaging in any activity that can be used as a means to begin remote system penetration; distribution of viruses, worms, or any other electronic destructive resource; or maintaining or creating any free for all (FFA) type sites.

Internet Relay Chat ("IRC") related materials are prohibited, without exception. This includes bots, bouncers, or any script or software package designed to facilitate the creation, maintenance, or access to any IRC server or channel. Client accounts found to have such software or scripts uploaded are subject to suspension or termination without notice. Scripts or software found to exist on any server will be deleted immediately upon discovery, without notice, and a warning issued. Further violations of this policy will result in account termination.

CGI or php-based shell scripts are prohibited. This includes any script that is used for the purpose of issuing shell-level commands or which acts as a proxy for shell access via a web browser rather than the use of the embedded SSH client in the control panel or the use of a standalone SSH client. Such scripts will be deleted without notice when found. Continued use of such scripts will be grounds for account termination.

Web proxy scripts are prohibited. This includes any script, such as nph-proxy, that allows anyone to browse to a third party web site from any server in the Grabers network or that otherwise masks the true origination point of browsing activities by use of network information associated with Grabers. Such scripts will be deleted when found. Repeated violations will result in account suspension or termination.

The weblog software Greymatter is not permitted on any Grabers server. Filtering is performed on all servers to deny access to the scripts Greymatter utilizes due to the resource issues created by those scripts. Installations found will be noted to the account holder for removal and transitioning to a new weblog software package.

Illegal or obscene content:
Use of any Grabers service to make any illegal or obscene content available via transmission, storage, or display of such material is prohibited. Accounts maintaining such content are subject to suspension or termination without notice.

Intellectual property violations:
Any activity that infringes on copyrights, trademarks, service marks, patents, software ownership, or trade secrets held by any third party entity is prohibited. Grabers is required by law to remove or suspend accounts that violate copyright held by third parties when notified that such infringement exists. Accounts that continually engage in such violations are subject to termination. Material that infringes on the privacy or rights of others, or that otherwise represents a reasonable, credible threat, is prohibited. Disputes between parties where clear legal decisions cannot be determined by individual claims must be settled between those parties and valid legal documentation must be provided for action related to content on sites within the Grabers network. In no instance will Grabers be responsible for individual site material for which no authoritative documentation has ben provided.

Other activities:
Any activity not defined above but judged by Grabers to be harmful to other clients or general operations of the network will be addressed on a case by case basis.

Account Policies and Cancellation
Cancellation requests must be made via email to peter@grabers.com or via a telephone call to the company. No other avenues of cancellation will be accepted. While no advance notice of cancellation is required, all fees paid for service to the point of cancellation are nonrefundable. Cancellations made within 30 days of beginning service are subject to the Grabers 30-day guarantee, and will result in a refund of fees paid. All fees paid for domain registration are nonrefundable, without exception. Domain registration for accounts payable by check are completed only after payment is received.

Accounts are payable in full at the time of account creation. Accounts for which payment by credit card is selected are subject to suspension if payment cannot be processed at the time of account creation. If payment by check or money order is selected, payment must be received within two (2) weeks of account activation or the account will be suspended without notice. New accounts that remain past due thirty (30) days after account activation are subject to termination. Any account reaching thirty (30) days past due is subject to suspension for nonpayment. Such accounts are subject to termination after forty-five (45) days in a past due state. All invoicing and payments are automatic and recurring based on the contract length specified by the client at the time of account setup or by request after setup has been completed. All invoices are due upon creation. Chargebacks issued for valid hosting fees will result in immediate account termination, without prior notice, and without exception.

Service and Reporting
Grabers reserves the right to refuse, cancel, or suspend service at its discretion. All clients, direct or indirect via resold account and all subnetworks and subsidiaries are subject to the terms of this AUP. Any violations of the above policy may be made via email to abuse@hostmatters.com or via postal mail to:

Graber Communications, LLC
P.O. Box 12251
Raleigh, NC 27605

Indemnification and Governance
All customers agree to indemnify, defend, and hold harmless Grabers from any and all losses, expenses, liabilities, claims, attorney\'s fees, damages, awards, judgments, or actions that may arise from the use of this service other than as expressly authorized by the terms of this policy. Grabers makes no warranties, expressly or implied, for this service. This service is offered on an "as is" basis, and customers waive all claims as noted above that may arise from the inability to use this service as provided. The recourse available to customers should customers become dissatisfied with this service, the terms of this service, or any policy, practice, or guideline as set by Grabers will be limited to discontinuation of service as denoted in the Account Policies and Cancellation item above. This agreement is governed by the laws of the State of Florida and the United States of America. Customers agree that all services provided by Grabers are deemed to have been requested in and provided in Duval County, Florida, and that jurisdiction for any and all claims or disputes shall reside there.

Copyright Information
This document and all portions of the Grabers web site, including images, text, and scripts where ownership is not held by third parties are copyright 2000-2004 Grabers, Inc. No portion of this site or the content contained within may be reproduced in any form, or modified or otherwise altered for use by any party without the express permission of Grabers, Inc. Under no circumstances may the Acceptable Use Policy or Privacy Policy be reproduced by any party for any reason. Violations of the copyright held by Grabers, LLC. on any material from this site may be reported to abuse@grabers.com



Cancellation-
Cancellation can be made via email to sales@Grabermedia.com. Although no notice is required, and there is no cancellation fee, all fees paid for service up to the notice of cancellation are non-refundable. If cancellation is made within the first 30 days of service all hosting fees will be refunded. This does not include fees for domain registration.


Suspension-
Activity which results in a suspension or deactivation of an account will result in a forfeiture of fees paid. Complaints made regarding abuses of an account will be grounds for suspension.


Refusal of Service-
We reserve the right to refuse, cancel, or suspend service at our sole discretion. All sub-networks, distributive hosting sites, and dedicated servers of Grabermedia.com must adhere to the above policies. Please direct any reports of violations of the above policies to abuse@Grabermedia.com.

Failure to follow any term or condition will be grounds for immediate account deactivation.
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