Scendent Development, L.L.C. (ìScendentî) is providing this Terms Of Service (ìTOSî) policy to give our customers and users a clear understanding of what is expected of them while using this service. A user is defined by those that access some of our services but do not have accounts, as well as those who pay a fee to subscribe to our services.

• ACTIVITY.  
  • Intolerable activities.
  • Adult material.
• MONETARY FEES.  
  • Flexible Hosting
  • Managed Hosting
  • Dedicated Hosting
  • Redundant Hosting
  • HTTPS/SSL Certificate Purchase
  • Bandwidth Usage  
  • Billing Cycle and Fees  
• ACCOUNT SETUP  
• LIABILITY  
• SUPPORT  
• SPAM AND UNSOLICITED COMMERCIAL E-MAIL
• REPORTING ìTERMS OF SERVICEî POLICY VIOLATIONS
• PRIVACY POLICY  
• MISCELLANEOUS  
• REVISIONS

ACTIVITY.

We support the uncensored flow of information and ideas over the Internet and do not actively monitor the activity of our users 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 we offer. However, in accordance with our TOS, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this TOS. Scendent 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 TOS may result in the suspension or immediate termination of either your Scendent account or other actions deemed necessary.

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 account to publish material, which Scendent determines, at it's sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, ìmaterialî refers to all forms of communication made available by our services, including but not limited to, e-mail, website content, newsgroups, discussion boards, chat rooms, multi-media content, etc. 

If a Scendent account is used to violate the terms of this policy, 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 TOS 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.

The following will not be tolerated:

• Illegal activities or support of illegal activities.

• Harm or attempt to harm minors, including but not limited to, child pornography.

• Threats or encouragement of bodily harm or destruction of property.

• Harassment of another.

• Fraudulent activity, including but not limited to scams, chain letters, etc.

• Forgery or impersonation, including but not limited to, adding, removing, or modifying network header information.

• Unsolicited commercial or bulk e-mail or newsgroup messages (ìSPAMî) or support of individuals that send SPAM. Please see TOS section labeled ìSPAMî.

• Malicious intent to impede another person's use of Internet related services, including but not limited to, e-mail and news bombing, denial of service type attacks, distribution of viruses, etc.

• Attempt to gain unauthorized access or the unauthorized access of accounts of others on Scendent's services and well as other systems on the Internet.

• Attempt to penetrate or penetration of our or other's security systems, whether or not the intrusion or attempt of intrusion results in the corruption or loss of data.

• Copyright or trademark infringement, including but not limited to the storage or transfer of copyrighted software.

• Collect personal data about third parties without their knowledge or consent.

• Network disruptions or unfriendly activities, including but not limited to, denial of service attacks, etc.

• The operation of an IRC server or IRC 'bots'.

Users are responsible and accountable for any activity by third parties using their account.

Scendent accounts operate on shared resources. Excessive use or abuse of these shared network and/or system resources by one customer may have a negative impact on all other customers. Misuse of network and/or system resources in a manner which impairs network and/or system 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 Scendent systems or networks. Scendent reserves the right to terminate or limit such activities.

The TOS specifically prohibits the use of our service for illegal activities. Therefore, the user agrees that Scendent may disclose any and all user 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 user. In addition, Scendent has the right to terminate all service set forth in this agreement.

Adult Material

Adult material is allowed on our servers, but under special conditions:

• Adult material may only be hosted on a hosting plan that includes a minimum of 50 GB (fifty gigabytes) of bandwidth per month. This is due to the processor intensity and volume that can be created with hosting adult content.

• Adult material must fall under the laws and regulations of the United States, the State of Colorado and the State of Texas.

MONETARY FEES.

ACCOUNT SETUP

New user account's will be created within one to five business days after the request and payment have been received. New domain accounts will be setup and entered into our DNS servers within that same time frame, however this process may sometimes require up to seven business days. 

Transfer of domain names will require a minimum of seven business days. In some cases, it has been known to take up to sixty (60) business days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a transfer may take or if the transfer is possible at all. 

LIABILITY

User acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other then the negligence of the company and that damage resulting from any interruption of service are difficult to ascertain. Therefore, user agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Further, user acknowledges that Scendent's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by user for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

User agrees that is shall defend, indemnify, save and hold Scendent harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Scendent, it's agents, it's customers, officers, contractors and employees, that may arise or result from any service provided r performed or agreed to be performed or any product sold by the user, it's agent's, employees or assigns. User agrees to defend, indemnify and hold harmless Scendent against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with Scendent's services; (2) any material supplied by user infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to user from Scendent's services.

SUPPORT

Technical support is offered via e-mail only, with a 12-hour maximum turn around time. In order to provide you with the best service available, and at the lowest cost possible, we can only support your site's physical functioning and the services we provide, and not extraneous issues, such as CGI programming, HTML assistance, web design, search engine submissions, etc.

We encourage you to first browse our support page, http://www.scendent.com/support/

If your concern is with the web-based control panel, please try the online help available there. If you are still in need of support, please fill out the form found at http://www.scendent.com/support/

SPAM AND UNSOLICITED COMMERCIAL E-MAIL (UCE)

SPAM is defined as any mass unsolicited message in the mediums of Newsgroups and E-Mail. 

Scendent holds a ZERO TOLERANCE policy towards the sending of Unsolicited Commercial E-Mail (ìUCEî) and SPAM via our services. Very simply, this means that our users are not permitted to distribute or support the distribution of UCE and SPAM. 

Further, our servers or networks may not be the source, intermediary or destination address involved in the transmission of SPAM, lames, or mail bombs. Your domain may not be referenced as originator, intermediary or reply-to address in any of the above. Advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. 

Violations of this policy carry severe penalties. Upon notification of an alleged violation of our SPAM policy, Scendent will initiate an immediate investigation. During the investigation, Scendent may restrict user access to their offending account to prevent further violations. If a user is found to be in violation of our SPAM policy, Scendent may, at it's sole discretion, restrict, suspend or terminate the user's account. Further, Scendent reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation as well as any costs incurred by Scendent because of said violation. Scendent will notify law enforcement officials if the violation is believed to be a criminal offense. 

First violations of this policy will result in an ìAdministrative Feeî of $350.00 and your account will be reviewed for possible termination. A second violation will result in an ìAdministrative Feeî of $700.00 and immediate termination of your account. Users who violate this policy agree that in addition to these ìAdministrative Feesî, the user will pay ìResearch Feesî not to exceed $250.00 per hour that Scendent personnel must spend to investigate the matter. PLEASE DO NOT SPAM, OR ALLOW OTHERS TO SPAM, FROM YOUR ACCOUNT.

REPORTING ìTERMS OF SERVICEî POLICY VIOLATIONS 

Scendent requests that anyone who believes that there is a violation of this TOS direct the information to the Abuse Department at abuse@scendent.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. 

Scendent is under no duty to actively monitor each users activity to determine if a violation of the TOS has occurred, no do we assume any responsibility through our TOS to monitor or police Internet related activities.

DISCIPLINARY ACTIONS

When required, at the discretion of Scendent, any of the following disciplinary actions may take place:

• Issue written or verbal warnings 

• Suspend the User's account 

• Terminate the User's account 

• Bill the user for administrative costs and/or reactivation charges 

• Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations

PRIVACY POLICY

Scendent insures that all personal information being voluntarily submitted to us in the processing of your order (to be used for record and billing purposes, etc.) inclusive, but not limited to, credit card and other personal information, will be strictly confidential and used solely by Scendent, it's authorized representatives and employees; for the strict purpose for which it was intended, and for the benefit of the subscriber. We agree not to share, rent, sell or release this information to any individual, entity or third party, for any reason, without the specific written consent of the user; with the exception as required by law, regulation or governmental authority.

Scendent is committed to protecting and securing all user provided information, through the use of firewalls, encryption and additional security measures in place at its physical facilities to protect against the loss, misuse or alteration of such information.

MISCELLANEOUS

You must provide us with, and keep current, good contact information for you. An e-mail address that is not provided by Scendent and telephone contacts must be provided.

A waiver by Scendent of any breach of any provision of this TOS by user shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver or any breach of any other provision thereof. 

User shall not transfer or assign this Agreement without the prior written consent of Scendent. Scendent may assign Agreement at anytime without consent from or notice to user. Scendent reserves the right to cancel user's rights under this contract at anytime without further obligation.

Scendent takes no responsibility for any material input by others and not posted to the Scendent servers and network by Scendent. Scendent is not responsible for the content of any other websites linked to the Scendent servers or network; links are provided as an Internet navigational tool only. Scendent 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 TOS.

Scendent is not responsible for any damages your business may suffer. Scendent does not make implied or written warranties for any of our services. Scendent 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 caused by Scendent.

You, as Scendent's user, are solely responsible for the content stored on and served by your Scendent account. 

REVISIONS 

Scendent reserves the right to revise, amend, or modify this TOS 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).