Computers.CH Policies   Network, Billing and General Policies Network Policies At Computers.CH, we value our customers and wish to provide them with a positive experience. To offer you the best service possible, all customers need to follow the same rules and guidelines. These policies are intended to make Computers.CH’s service available to all our customers as consistently and efficiently as possible. User-Supplied Content All services may be used for lawful purposes only. Through Computers.CH’s service, you may have access to chat Areas, bulletin Boards, web pages, email, or other services that enable you to send or post materials ("content") and make that content available to others. You must not submit, publish, or display on the network any defamatory, inaccurate, abusive, obscene, infringing, or threatening content. In addition, you may not submit, publish, or display any content that violates any International, EU, US federal, state, or local law. You are solely responsible for the content you make accessible through the Computers.CH network. You may not use the service to assist any other person or entity to violate any federal, state, or local laws, ordinances or regulations. Computers.CH is not obligated to monitor the network to examine available content. You hereby acknowledge that if we are made aware of content that is determined to be, in its sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, Computers.CH has the right, but not the obligation, to edit, remove or deny access to such content. Computers.CH may disclose any content or records concerning customer's account as required satisfying any law, regulation, governmental request or court order. Pornography and sex-related merchandising are prohibited on all Computers.CH servers. This includes sites that may infer sexual content, display nudity, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Computers.CH’s servers or any other server on the Internet. Links to such materials are also prohibited. In addition, any site selling or promoting bulk email service is not allowed. Below are some examples of non-acceptable content or links: Adult site - Any erotic or pornographic material, links to adult sites, or advertisements for adult sites. Pirated Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost; i.e. ROMs, ROM Emulators and MPEG Layer 3 files (MP3). Copyright Violations - Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer. Hacking/Phreaking - Includes sites with material, links, or resources for hacking, phreaking, viruses, anarchy, or any type of site that promotes or participates in willful harm to Internet site or Providers. Network Security Customers may not use the Computers.CH network with an 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 the customer, logging into a server or Account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Computers.CH 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. Users who violate system or network security may incur criminal or civil liability. Traffic/Bandwidth Our systems check the average data transfer for your website daily or weekly depending on account type. Normally you will be notified of overage by email ahead of time allowing you enough time to choose from our numerous traffic upgrade levels. To upgrade, you simply email support@computers.ch. NOTE: Sometimes domains exceed the bandwidth level allocated faster than our system can monitor. You will still be responsible for overage costs in this case. Advance notification for websites exceeding monthly traffic allowance is not always possible. CGI Scripts Each Computers.CH account comes fully equipped with its own pre-configured CGI-Bin. Customers are free to use any CGI-Scripts provided with their account or add any additional ones they require. Any CGI-Scripts deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice. CGI-Script sharing with domains not hosted by Computers.CH is not allowed. Chat Rooms Computers.CH prohibits its customers from installing outside chat rooms on their domain, as these tend to be a resource problem. Computers.CH does provide its customers a choice of Java Chat rooms to choose from for a nominal monthly charge. These chat rooms were designed to meet the growing needs of customers and function without hindering the performance of the servers for others. Server Resources Any Web site 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 upgrading their service level or reducing the resource used to an acceptable level. Any website deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice. IRC Computers.CH currently prohibits its customers from operating IRC or IRC Bots on any of the servers in the Computers.CH network. Daily Backups / Restores As a courtesy, Computers.CH provides a daily backup service on shared hosting accounts. You can request our administrators to run a backup of your site or any files for a one time charge. Although Computers.CH tries to ensure these backups are complete and accurate, we cannot guarantee data integrity. It is possible that a site and/or file may not be able to be restored up without our knowledge. Computers.CH recommends that the customer periodically and frequently backup their site to their local computer. On most accounts there is a backup manager that can assist you in this process. A backup may not be included with a dedicated server type plan. We recommend dedicated server customers can purchase a backup option to protect data. Commercial Advertising/ Mass Mailings You must not use the Computers.CH network, Computers.CH equipment or any Computers.CH email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Computers.CH network, Computers.CH equipment or any Computers.CH email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages. If you are found to have spammed, without warning, Computers.CH reserves the right to disable your domain. In addition, Computers.CH may impose a $100 penalty for each spam policy violation. Computers.CH solely reserves the right to refuse or cancel service to known spammers. Lastly, Computers.CH reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund. Distribution and/or Transmission of Obscene, Indecent Speech or Materials Violation of indecency and obscenity laws can result in criminal penalties. Intellectual Property Rights Material accessible to you through Computers.CH's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use Computers.CH’s services in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Computers.CH network. If you use a domain name in connection with Computers.CH’s services or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party. Defamation Defamatory speech distributed over the Internet can result in civil liability for the defamer. Refusal of service Computers.CH LLC reserves the right at its sole discretion to refuse or cancel service. Violation of any of Computers.CH's rules, regulations and/or policies could result in a warning, suspension, or possible account termination without prior notice or warning. Accounts terminated due to policy violations will not be refunded. Billing Policies Service Cancellation To authenticate a cancellation request, you must contact support@computers.ch at least one month before the end of your yearly contract. If no cancellation request is received one month before the term of the contract, the contract will be renewed automatically for another year. You must include your account email Address, account name, account password and the domain name that you want to cancel the hosting. We cannot accept cancellation requests over the phone for security reasons. 30 Day Money Back Guarantee Computers.CH provides a 30 day "no nonsense" money back guarantee for all direct shared hosting accounts (this does not apply to accounts sold by resellers and/or dedicated servers). If for any reason, you request cancellation before your 2nd bill date, we will refund you the 1st month's cost (not the set-up fee). Indemnification Customer agrees that it will protect, indemnify, save and hold Computers.CH harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's fees assessed against Computers.CH, its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it's customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold Computers.CH harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with Computers.CH's services; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright violation and any defective products sold to a customer from Computers.CH's services. Disclaimer Computers.CH will not be responsible for any damages you or your business may suffer. Computers.CH makes no warranties of any kind, expressed or implied for services we provide. Computers.CH disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Computers.CH and its employees. Computers.CH reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation. Computers.CH furthermore expects that its customers who provide Internet services to others will fully comply with all applicable laws concerning the privacy of on-line communications. A customer's failure to comply with those laws will violate this policy. Finally, Computers.CH wishes to emphasize that in accepting services, customers indemnify Computers.CH for the violation of any law or Computers.CH policy that results in loss to Computers.CH or the bringing of any claim against Computers.CH. This means that if Computers.CH is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Computers.CH, plus costs and reasonable attorneys' fees. Privacy Policy Computers.CH 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 kept strictly confidential and used "solely" by Computers.CH, its 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 subscriber; with exception as required by law, regulation or governmental authority. Computers.CH is committed to protecting and securing all subscribers provided information, through the use of firewalls and additional security measures in place at its physical facilities to protect against the loss, misuse or alteration of such information. For NameRegistrar’s policies, please review the NameRegistrars.net Domain Name Registration Agreement. For domain ending with .ch, please review Switch.CH Registration Agreement. Domain registration fees are not refundable for any reason, so please double check your entry before submitting this form. Re-pointing a domain from another host does not incur a new registration fee. SERVICE LEVEL AGREEMENT Computers.CH is committed to providing you with superior service and support. Our Service Level Agreement (SLA) provides uptime and hardware guarantees if you have ordered any of our UNIX or NT dedicated server packages and your account is in good financial standing with Computers.CH. Network Uptime Guarantee Computers.CH's servers connect to the Internet through redundant high-speed connections on diverse backbones, ensuring data delivery to the end user in the fastest, most efficient manner possible. Computers.CH guarantees a 99.9% uptime excluding scheduled maintenance of 10-15 minutes per month. Computers.CH’s Cisco Powered Network combined with 24/7/365 monitoring by highly qualified network engineers and administrators guarantee the functioning of all network infrastructure including routers, switches and cabling. Computers.CH will ONLY be held responsible for its network and not for general conditions on the Internet. Delays that occur outside Computers.CH’s routers caused by backbone failures/congestion, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation) resulting in degradation of service and high packet loss or similar conditions, cannot be guaranteed by Computers.CH. Hardware Guarantee Computers.CH guarantees the functioning of all dedicated server type leased hardware components, and will replace any failed component at no cost to the customer. Hardware repair/replacement will begin immediately upon identification of the hardware failure and is guaranteed to be complete within 2 hours of problem identification. Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included under the server lease. The time required to repair/replace hardware does not include software reinstallation and/or data recovery from backup tapes/disks (time frame depends on size of disk). These policies are subject to change without notice.