Usage Policy

123PhotoAlbum.com is dedicated to providing an all-round top quality service. The terms and conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical responsibilities.

Failure to follow any term or condition will be grounds for immediate account deactivation without notice. 123PhotoAlbum.com will be the sole arbiter as to what constitutes a violation of any of these provisions.

Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension.

To report suspected abuses or any violations of these policies, please contact abuse@123PhotoAlbum.com

Illegal Usage

123PhotoAlbum.com servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. The subscriber to 123PhotoAlbum.com's service agrees to indemnify and hold harmless 123PhotoAlbum.com from any claims resulting from the use of the service that damages the subscriber or any other party.

123PhotoAlbum.com will be the sole arbiter as to what constitutes a violation of this provision.

Adult Content

WE DO NOT ALLOW ANY ADULT CONTENT!
Do not even attempt to upload it here, your site will be shut down without notice.

Security

Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Server Resource

Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra (which depends on the resource needed) or reducing the resource used to an acceptable level. 123PhotoAlbum.com shall be the sole arbiter of what is considered to be a high server usage level.

Any hosting account deemed to be adversely affecting the server performance or the network integrity will be shut down without prior notice.

Chat Rooms

123PhotoAlbum.com does not allow clients to install their own chat rooms. Chat rooms tend to be large system hogs and we cannot permit it as an account option. 123PhotoAlbum.com does provide a choice of Java chatrooms which should meet most users' needs and run without hindering the performance of the machine of our servers.

Background Running Programs and Cron Jobs

123PhotoAlbum.com does allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program. We ask that you inform us prior to installing these type of applications.

IRC

123PhotoAlbum.com does allow IRC or IRC bots to be operated on our servers.

Client Responsibility

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. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of 123PhotoAlbum.com'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 123PhotoAlbum.com to provide this knowledge or support outside matter specific to 123PhotoAlbum.com servers.

Server abuse

Any attempts to undermine or cause harm to a 123PhotoAlbum.com server or customer of 123PhotoAlbum.com is strictly prohibited.

Any sub-networks of 123PhotoAlbum.com and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.

Software Distribution

123PhotoAlbum.com's shared Web Hosting accounts are not to be used for the purposes of distributing software and multimedia products. If you wish to distribute software and/or multimedia files, please contact sales@123PhotoAlbum.com for special arrangement.

Actions Taken by 123PhotoAlbum.com

The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. 123PhotoAlbum.com will be the sole arbiter as to what constitutes a violation of the AUP. 123PhotoAlbum.com reserves the right to remove any account without prior notice.

When 123PhotoAlbum.com becomes aware of an alleged violation of its AUP, 123PhotoAlbum.com will initiate an investigation. During the investigation, 123PhotoAlbum.com may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, 123PhotoAlbum.com may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, 123PhotoAlbum.com will notify the appropriate law enforcement authorities of such violation.

123PhotoAlbum.com does not issue credits for outages incurred through service disablement resulting from AUP violations.

123PhotoAlbum.com customers agree to indemnify and hold harmless 123PhotoAlbum.com from any claims resulting from the use of our services that damages them or any other party. The 123PhotoAlbum.com service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. 123PhotoAlbum.com expressly disclaims any representation or warranty that the 123PhotoAlbum.com service will be error-free, secure or uninterrupted. No oral advice or written information given by 123PhotoAlbum.com, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. 123PhotoAlbum.com and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Modification

123PhotoAlbum.com reserves the right to add, delete, or modify any provision of this Policy at any time without notice.

Refusal Of Service

We reserve the right to refuse, cancel, or suspend service at our sole discretion.

UCE (Unsolicited Commerce Email) - SPAM

Spamming, or the sending of mass unsolicited email, from or through a 123PhotoAlbum.com server or using an email address that is maintained on a 123PhotoAlbum.com machine is STRICTLY prohibited. 123PhotoAlbum.com will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP or IPP, but channeling activities through a 123PhotoAlbum.com server as a maildrop for responses, you are in violation. Violators will be assessed a minimum of $200.00 fine and will face an immediate suspension.

123PhotoAlbum.com has zero tolerance for UBE/UCE (unsolicited bulk email/unsolicited commercial email). This policy protects our customers as well as the internet community from the negative effects of "spam" related activity. 123PhotoAlbum.com defines UBE/UCE as unsolicited broadcast or commercial email that is sent to addresses that do not affirmatively and verifiably request such material from that specific sender.

No Spam Policies:
1. 123PhotoAlbum.com customers, and customers of 123PhotoAlbum.com customers or any user of bandwidth and/or services on our network (herein described as 'users') are prohibited from sending UBE/UCE. Users may be asked to produce records that verify that explicit affirmative permission was obtained from a recipient before a mailing was sent. 123PhotoAlbum.com may consider the lack of such proof of explicit affirmative permission of a questionable mailing UBE/UCE at its sole discretion.

2. 123PhotoAlbum.com customers are prohibited from maintaining open mail relays on their servers. Ignorance of the presence or operation of an open mail relay is not and will not be considered an acceptable excuse for its (the open mail relay) operation. Multiple infractions of this policy will result in a discontinuation of service.

3. 123PhotoAlbum.com customers will be notified in the event that they may be hosting sites listed as violators of the above policy. Again, failure to rectify such situations may be cause for termination.

4. 123PhotoAlbum.com customers are prohibited from providing hosting services for websites that have been included in UBE/UCE. Hosting includes, but is not limited to, hosting website(s), providing DNS services as well as website redirect services.

5. Valid complaints received by 123PhotoAlbum.com will be forwarded to customer for a response and resolution. If within twenty-four (24) hours there is no response, 123PhotoAlbum.com may block traffic to and from the IP address involved in the UBE/UCE complaint until the problem is resolved and preventative measures have been implemented to prevent the violation from recurring. All users are responsible for maintaining a working email contact and updating that information with 123PhotoAlbum.com when it changes.

6. If 123PhotoAlbum.com receives repeat complaints indicating that a problem has not been resolved, 123PhotoAlbum.com reserves the right to suspend and/or cancel any and all services provided to the user after a notification of no less than two (2) hours.

To report an incidence of abuse, please report it to abuse@123PhotoAlbum.com