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
To report suspected abuses or any violations of these policies, please
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.
WE DO NOT ALLOW ANY ADULT CONTENT!
Do not even attempt to upload it here, your site will
be shut down without notice.
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.
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.
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.
123PhotoAlbum.com does allow IRC or IRC bots to be operated on our servers.
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.
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.
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
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) -
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