Section 1: Acceptable Use and Termination:

CP Systems, LLC does not actively monitor subscriber's activity under normal circumstances. Similarly, CP Systems, LLC does not actively monitor subscriber of any web sites, emails transmission, newsgroups, or other materials, which are created or accessible over or through the service, except for certain proprietary web sites.

CP Systems, LLC also does not allow the use of hosting services for any pornography or similar "adult" purposes. CP Systems, LLC reserves all rights to remove any materials that, in our sole discretion, infringe on this standard, may be illegal, may subject us to liability, or which may violate this Terms of Service. CP Systems, LLC may cooperate with legal authorities and/or third parties in the investigation of any suspected of alleged criminal or civil wrongdoing. Your violation of this Terms of Service may result in service suspension or immediate service termination without prior notice. Under such circumstances, no refund or pro-rated refund will be made for all payments.

Section 2: Illegal Activities:

a) All services of CP Systems, LLC may not be used for illegal purposes, or in support of illegal activities. CP Systems, LLC reserves the rights to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. Therefore, subscriber agrees that CP Systems, LLC may disclose any or all subscriber information including assigned IP addresses, account history, account use, account information or others necessary details to any law enforcement agent who makes a written request without further consent or notification to the subscriber. In addition, CP Systems, LLC shall have the rights to either suspend or terminate all subscriber's services under such circumstance without prior notice to the subscriber.

b) Subscriber understands the use of CP Systems, LLC service to harm, or to attempt to harm, minors in anyway, including, adult materials, child pornography and any materials related to pornographic will result in immediate service termination of the offending CP Systems, LLC account without prior notice to the subscriber.

Section 3: Payment:

a) Establishment of any CP Systems, LLC service is dependent upon payment receipt by CP Systems, LLC of stated charges. Subscriber understands the subsequent payments are due on the anniversary date of the month for that month's service or on the anniversary state of the year for that year's service. The above statement applies to all accounts and services provided by CP Systems, LLC.

b) Payments are not refundable beyond the first 10 days of initiation of service. This includes payments for service which is pre-paid for any term. If service is cancelled at any time during the pre-paid period, payment will not be refunded.

c) Subscriber understands any services provided by CP Systems, LLC will be suspended on account that reaches 5 business days past due and service will be interrupted on account that reach 7 business days past due. Service interrupted for non-payment is subject to a $25 reconnect charge. Accounts that are not paid by due date will not be charged for any late fees. Subscriber agrees under such circumstance the backup of the account; including web data, emails, web files, databases, and any other materials that subscriber may have in any CP Systems, LLC's servers will not be provided.

d) All overcharges or billing disputes will be refunded upon CP Systems knowledge. Subscribers agrees that it is the subscriber's responsibility to report any overcharges and billing disputes within 15 days of the time the dispute occurred.

e) CP Systems, LLC will not charge the subscriber if the subscriber over-uses the allocated web space, data transfer, or any other application that include in the service package. CP Systems, LLC will give 2 advanced notices by sending emails to the latest subscriber's email address that the subscriber has in the account. Subscriber understands that it is the subscriber's responsibility to keep the information up to date. CP Systems, LLC allows subscriber to communicate with CP Systems for further solutions with an additional of 24 hours or 1 calendar day after the second notice. Subscriber understands the subscriber account is subject to a service termination after this additional period.

f) If you use your credit card as your payment option, your information will be stored in our secure billing system for future use. Upon the renewal date of your hosting services, your card will be processed at the agreed upon amount and you will receive a receipt for payment. By agreeing to these terms of service, you are authorizing CP Systems, LLC. to process your card for web hosting services invoices only.

Section 4: Unsolicited Commercial Email, i.e."SPAM":

a) CP Systems, LLC takes a zero tolerance approach to the sending of Unsolicited Commercial Email (as known as "UCE") or SPAM over our network. Very simply this means that customers of CP Systems, LLC may not use or permit use of our network to transact UCE. Customers of CP Systems, LLC may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violation of this policy carry severe penalties; including immediate termination of service without prior notice.

b) Subscriber understands that if the subscriber's account is subject to a SPAM or UCE complaint, the subscriber's account will be suspended when it is being questioned and investigated. A notification will be sent prior to the suspension.

c) Service suspended due to the subject to SPAM or UCE complaint will result a service suspension and cancellation charge not more than $25.

Section 5: Internet Protocol and Internet Address ("IP"):

a) If CP Systems, LLC assigns subscriber an Internet Protocol address for subscriber's use, the right to use that Internet Protocol address shall belong only to our network backbone provider and subscriber shall have no right to use that Internet Protocol address except as permitted by our network backbone provider in its sole discretion in connection with the Services, during the term of this agreement or policy. Our network backbone provider shall maintain and control the ownership of all Internet Protocol numbers and addresses that may be assigned to the subscriber by CP Systems, LLC, and our backbone provider reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.

b) CP Systems, LLC's allocation of IP addresses is limited by ARIN's policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. IP Address will only be provided under two circumstances, which are Secure Socket Layer Certificate needed to run E-Commerce Web Site along with the hosting package which provides dedicated IP and Resellers' DNS nameservers which includes at least 2 IP's in the hosting package for branding purposes. Subscriber understands that at all times CP Systems, LLC or the CP Systems, LLC network backbone provider reserves the rights to change or remove the assigned IP numbers and addresses, in its sole and absolute discretion.

Section 6: Services and Usage:

a) Subscriber agrees that data transfer ("bandwidth") and disk usage shall not exceed the number of megabytes per month for the services ordered by subscriber on the order form. CP Systems, LLC will monitor subscriber's bandwidth usage and disk usage. Please refer to this Terms of Service; See Section 2d for more information.

b) If CP Systems, LLC takes any corrective action under this section, subscriber shall not be entitled to a refund of any fees paid in advance prior to such action.

c) Customers may use their web space to ONLY store their web site. You may not upload files to your account unless the file is to become part of the web site. You may not store personal files on your account - web space is not for personal backups. All files on your web space must be linked to pages as this is a "web" hosting service, not a "file" hosting service. That is, you may not have "orphaned files" (files that are not part of the web site). Please do maintenance from time to time and delete files that are no longer used. Always delete temporary files. Do not store thousands of files on a single directory as this slows down access to the file system, and will make the delivery of your files slower.

Section 7: Network Security and Performance:

a) Users are prohibited from violating or attempting to violate the security of the CP Systems, LLC's network. Violations of system or network security may result in civil or criminal liability. CP Systems 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.

b) CP Systems, LLC reserves the right to suspend network access to any subscriber if in the judgment of the CP Systems, LLC network administrators the customer's server or accounts is the source or target of the violation of any terms in this Terms of Service or for any other reason which CP Systems, LLC chooses.

c) Subscriber agrees if inappropriate activity is detected, all accounts of the subscriber in question will be suspended until an investigation is complete. Prior notification to the subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The subscriber will not be credited for the time the customer's machines or accounts were suspended.

d) Subscriber agrees that the use of the CP Systems, LLC service for any activity, which affects the ability of other people or systems to use CP Systems, LLC's services or the Internet may result in service termination. This includes "Denial of Service" (DOS) attacks against another network host or individual user.

e) Interference with or disruption of other network users, services or equipment is prohibited. A subscriber may not, through action or inaction, allow others to use their account for illegal or inappropriate actions. A subscriber may not permit their account, through action or inaction, to be configured in such a way that gives a third party the capability to use their account 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. CP Systems, LLC 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.

f) Subscriber agrees that to use any third party monitoring software or security software to auto-generate traffic; including scan, ping, send ICMP requests, packets, or any automated electronic traffic to the server without proper written authorization of CP Systems, LLC is a violation of this Terms of Service. Subscriber or any third parties which involve above action must request and obtain legal and proper authorization from any CP Systems, LLC's system administrators or technicians.

Section 8: Subscriber's Responsibility:

a) CP Systems, LLC reserves the right to amend its policies at any time. All Sub-Networks, shared hosting account holders, resellers, and managed servers of CP Systems, LLC must adhere to the above policies. Failure to follow any term or condition will be grounded for immediate termination. You will be held responsible for the actions of your clients in the matter described on these terms and conditions. Therefore, it is in your best interest to implement a similar or stricter terms and conditions or otherwise called Acceptable Terms of Use Policy.

b) After five calendar days of account activation, you and your users must access your web site by using the domain name you used when you purchased the service in order to calculate the bandwidth usage correctly. Violations of this policy carry severe penalties, including termination of service without prior notice.

c) No SSH access is included on our plans page but not limited to dedicated servers and all clients should be aware of this policy before they open an account with us. This policy is to ensure that no clients have command line access to our servers in this shared hosting environment. This gives us improved server security and performance.

d) It is the subscriber's responsibility to let CP Systems, LLC know their latest contact information. Subscriber agrees by not doing so, CP Systems, LLC will not held liable for the lack of communication in case of server failure, immediate service termination, or account suspension. Subscriber also understands it is the subscriber's responsibility to use an email address that its network is located outside of CP Systems network.

e) Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

Section 9: Internet Relay Chat ("IRC"):

a) It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Accounts or scripts found to be connecting to or part of these networks will be immediately removed from our network without notice.

Section 10: Others:

a) CP Systems, LLC subscribers will be held responsible and accountable for any activity by third parties, using their account that violates guidelines created within this Terms of Service.

b) Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of CP Systems, LLC and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that CP Systems, LLC shall not be liable for any damages arising from such causes beyond the direct and exclusive control of CP Systems, LLC. 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.

c) You, as the Customer, are solely responsible for the content stored on and served by your CP Systems, LLC service.

CP Systems, LLC reserves the right to revise, amend, or modify this TOS and our other policies and agreements at any time and in any manner.

Last updated on November 7, 2005.