Terms of Service

Cullen Web Services ("The Company" or "CWS") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of CWS Service constitutes acceptance and agreement to CWS's AUP as well as CWS's TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of CWS and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

Note: Pornography and sex-related merchandising are prohibited on any Cullen Web Services server. This includes sites that may imply sexual content, or links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Cullen Web Services servers or any other server on the internet. Links to such materials are also prohibited. All IRC related activities are strictly prohibited and can be cause for immediate account termination!

  1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition CWS shall have the right to terminate all service set forth in this Agreement.
  2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
  3. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are pro-rated and due on the first day of the month for that month's service. The above applies to all accounts and services provided by CWS.
  4. Payments and Fees: Service will be suspended for accounts that reach 15 days past due. Service will be terminated entirely for accounts that reach 30 days past due. Service interrupted for nonpayment is subject to a $10.00 reconnect charge. Accounts not paid by due date are subject to a 2% late fee. Accounts that are not collectable by CWS may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $20 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
  5. Refund and Disputes: All payments to CWS are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in CWS's sole discretion is a valid charge under the provisions of the TOS and/or AUP, you will be notified and your account will be immediately suspended. Termination of your account will occur within 72 hours if CWS does not receive a response from you. Reactivation of a suspended account within the 72 hour period can occur upon explanation of the dispute and payment of an "Administrative Fee" of not less than $20 and not more than $150.
  6. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
  7. Account Cancellation: Request for termination of user accounts must be made via a cancellation ticket to support@cullenws.com. Termination requests received will take effect immediately, that means you're not required to pay for web hosting plan fee for that month, if termination request is received after the fee charged in that month, which is not refundable, that means starting from following month you'll not be charged for web hosting fee. Subscription fees for additional services such as added space and bandwidth transfer will be charged for the entire month regardless of whether the request for their termination is received prior to the effecting of the said services.
  8. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
  9. New Domains: Payment made for domain registration will not be refundable in all cases, including those that involve mistakes committed by any persons, CWS staff or not, at any stage of the domain registration process. A confirmation e-mail will be sent to registrants within 24 hours of the submission of the domain name purchase order.
  10. Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to CWS will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take.
  11. Support Boundaries: CWS provides technical support to our subscribers (except for few holidays and short company meetings) We limit our technical support to our area of expertise. The following is our guidelines when providing support: CWS provides support related to your services or virtual site physical functioning. CWS does not offer tech support for application specific issues such as cgi programming, html or any other such issue unless you have paid for those additional services in one of our care plans or at our hourly rate.
  12. SPAM and Unsolicited Commercial Email (UCE): CWS takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of CWS may not use or permit others to use our network to transact in UCE. Customers of CWS may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
    1. Violation of CWS's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, CWS will initiate an immediate investigation (within 48 hours of notification). During the investigation, CWS may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, CWS may, at its sole discretion, restrict, suspend or terminate customer's account. Further, CWS reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. CWS will notify law enforcement officials if the violation is believed to be a criminal offense.
    2. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that CWS personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

    BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their services immediately disabled. The services will not be enabled until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the account to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the account from our network without notice to the customer. Any account guilty of a second violation WILL be immediately and permanently removed from our network without notice.

  13. Network
    1. IP Address Ownership: If CWS assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to CWS, and Customer shall have no right to use that Internet Protocol address except as permitted by CWS in its sole discretion in connection with the Services, during the term of this Agreement. CWS shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by CWS, and CWS reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
    2. IP Address Usage: Any customer caught using an IP address that has not been assigned to them agrees to pay a $25 fee. The domain caught using the offending IP address can be disabled or deleted at the discretion of CWS.
    3. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). CWS will monitor Customer's bandwidth and disk usage. CWS shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in CWS's sole and absolute discretion. If CWS takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, CWS may, at its sole discretion, collect a deposit, in an amount determined by CWS, against customer's credit card on file with CWS.
    4. System and Network Security: Users are prohibited from violating or attempting to violate the security of the CWS Network. Violations of system or network security may result in civil or criminal liability. CWS will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
      1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
      2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
      3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
      4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
      5. Taking any action in order to obtain services to which such User is not entitled.
  14. Notification of Violation:
    1. CWS is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
    2. First violation: Any User, which CWS determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at CWS's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
    3. Second Violation: Users that CWS determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
  15. Suspension of Service or Cancellation: CWS reserves the right to suspend network access to any customer if in the judgment of the CWS network administrators the customer's account is the source or target of the violation of any of the other terms of the AUP or for any other reason which CWS chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's account was suspended. The customer will also not be credited for any fees if their account has been terminated.
  16. CWS reserves the right to amend its policies at any time. All resellers of CWS must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions.
  17. Indemnification: CWS wishes to emphasize that in agreeing to the CWS Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies CWS for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to CWS or the bringing of any claim against CWS by any third-party. This means that if CWS is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against CWS, plus all costs and attorney's fees.
  18. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, telephone and fax contacts are used, in that order of preference.
    1. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
    2. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
    3. CWS takes no responsibility for any material input by others and not posted to the CWS Network by CWS. CWS is not responsible for the content of any other websites linked to the CWS Network; links are provided as Internet navigation tools only. CWS disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
    4. CWS is not responsible for any damages your business may suffer. CWS does not make implied or written warranties for any of our services. CWS denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions including equipment failure.
  19. Responsibility for Content: You, as CWS's customer, are solely responsible for the content stored on and served by your account.

Acceptable Use Policy

CWS's Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what CWS expects of them while using the service. All users of CWS's Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).

Use of CWS Service constitutes acceptance and agreement to CWS's AUP as well as CWS's TOS (Terms of Service)

Note: Pornography and sex-related merchandising are prohibited on any Cullen Web Services servers. This includes sites that may infer sexual content, or links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Cullen Web Services servers or any other server on the internet. Links to such materials are also prohibited. All IRC related activities are strictly prohibited and can be cause for immediate account termination!

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. CWS may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your CWS account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.

This document is intended to provide a basic understand of CWS's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of CWS's AUP:

  • Ensure reliable service to our customers
  • Ensure security and privacy of our systems and network, as well as the networks and systems of others
  • Comply with existing laws
  • Maintain our reputation as a responsible service provider
  • Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
  • Preserve the value of Internet resources as a conduit for free expression and exchange of information
  • Preserve the privacy and security of individual users

CWS intends to provide its customers access to everything the Internet has to offer. While CWS is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the CWS and the Internet and cannot be permitted under the guise of free speech. The resources of the CWS and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

You may not use your dedicated rack or virtual site to publish material, which CWS determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

If a CWS account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at support@cullenws.com.

VIOLATIONS OF CWS ACCEPTABLE USE POLICY

The following constitute violations of this AUP:

  1. Illegal use: CWS's services may not be used for illegal purposes, or in support of illegal activities. CWS reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
  2. Harm to minors: Use of the CWS service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
  3. Threats: Use of the CWS service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
  4. Harassment: Use of the CWS service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
  5. Fraudulent activity: Use of CWS service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
  6. Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
  7. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the CWS service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending CWS account.IMPORTANT NOTICE:

    BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account immediately disabled. The account will not be enabled until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the account to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the account from our network without notice to the customer. Any account guilty of a second violation WILL be immediately and permanently removed from our network without notice.

  8. E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending CWS account.
  9. E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the CWS service is in violation of this AUP.
  10. Usenet SPAMing: CWS has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
  11. Unauthorized access: Use of the CWS service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of CWS's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending CWS account is subject to immediate termination.
  12. Copyright or trademark infringement: Use of the CWS service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
  13. Collection of personal data: Use of the CWS service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
  14. Network disruptions and unfriendly activity: Use of the CWS service for any activity which affects the ability of other people or systems to use CWS Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. CWS will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
  15. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
  16. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
  17. Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
  18. Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using CWS services could result in suspension service.
  19. Third Party Accountability: CWS subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.
  20. Prohibited Scripts & Software: The following are strictly prohibited.
    • Proxy scripts of any kind. This includes but is not limited to phpProxy.
    • Chat scripts of any kind. This includes but is not limited to chat rooms and shout boxes.
    • Remote shell scripts of any kind. This includes but is not limited to any script that is used to issue arbitrary shell commands to the server
    • IRC related scripts and software of any kind. This includes but is not limited to IRC eggdrops.

Bulk Email

For bulk email sending we highly recommend using phpList which can be automatically installed via Softaculous in cPanel. phpList is able to meet all of our bulk email requirements. The following requirements must be followed for the sending of any bulk email:

  • Bulk email is limited to 3,000 emails per month.
  • Sending must be throttled such that no more than 1 email is sent every 5 seconds.
  • All mailing lists must be entirely double opt-in. This includes recipients that have signed up themselves and recipients that administrators may have added. The double opt-in process requires that a verification email be sent to the recipient. This verification email must contain a link that the recipient must visit in order to confirm their mailing list membership. No further emails may be sent to the recipient until they verify their membership.
  • Each recipient must be sent an entirely separate email. Multiple recipient addresses must not be included in the to, from, or bcc fields.
  • Each email must include a clearly visible unsubscribe link. Upon visiting this link the recipient should be automatically unsubscribed from the mailing list without further action from a mailing list administrator or on the part of the recipient.

Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

  • Your password provides access to your account. It is your responsibility to keep your password secure.
  • Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
  • Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
  • You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
  • You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
  • You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
  • Users who violate systems or network security may incur criminal or civil liability. CWS will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Network Performance

CWS accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account. You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of CWS systems or networks. CWS reserves the right to terminate or limit such activities.

REPORTING VIOLATIONS OF CWS AUP

CWS requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse@cullenws.com.

If available, please provide the following information:

  • The IP address used to commit the alleged violation
  • The date and time of the alleged violation, including the time zone or offset from GMT
  • Evidence of the alleged violation

E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. CWS may take any one or more of the following actions in response to complaints:

    • Issue written or verbal warnings

Suspend the Member's account
Terminate the Member's account
Bill the Member for administrative costs and/or reactivation charges
Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations

REVISIONS TO THIS ACCEPTABLE USE POLICY

CWS reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).

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