theNoise
Terms of Service

theNoise provides shared web and e-mail services to clients of all types. Our responsibility is to protect each client and provide them with the best services available. Your responsibility is to use the shared services on the server in a manner that won't prevent other clients from having acceptable service as well. The following guidelines were designed to ensure these services.

Content
All services provided by theNoise may be used for lawful purposes only. theNoise does not allow nor accept Client sites hosting pornography. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, unlicensed software or files, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless theNoise from any claims resulting from the use of the service which damages the subscriber or any other party.

Examples of non-acceptable content or links:

  • Pirated software
  • "Illegal MP3's"
  • Hackers programs or archives
  • Warez Sites
  • Pornography

theNoise shall be the sole arbiter as to what constitutes a violation of this provision.

Unlimited Traffic/Hits & Server Resource Usage
theNoise is pleased to offer our clients unlimited traffic/hits, and server usage. Unlimited Traffic/Hits refers to the number of visitors to your website, NOT the amount of bandwidth/data transfer. Your account is still limited to the alotted bandwidth/data transfer included with your selected package. To maintain the integrity of our service the following traffic/usage limitations apply.

  • Sites with banners, graphics or cgi's running from their domain being used on other domains.
  • Sites with immense graphic archives or galleries.
  • Sites offering immense download archives, such as .zip, .tar, .ra and .GZ.
  • Sites running large chat room gatherings.
  • Sites regularly using more than 20% of system resources

If you do not qualify for unlimited traffic/hits, your account may be required to be upgraded, or, theNoise may move your site to a different server, to reduce the load on the server you are currently residing. theNoise will be the sole arbiter as to what constitutes a violation of usage limitations. Bandwidth/data transfer will go unmonitored until you reach your account limit, then normal over-usage data transfer costs will apply. At any time theNoise may move your site to a different server, to reduce the load on the server you are currently residing.

Chat Rooms
the Noise does allow clients to install their own chat rooms. However, these tend to be large system hogs and may fall into the usage limitations clause. We do provide a HTML-based cgi chatroom that runs without hindering the performance of the machine for others. You are free to run your own chat script, as long as it does not hinder server performance.

Background Processes/Programs
the Noise may allow programs to run continually in the background, these are considered on a one to one basis and a extra charge may be incured based on system resources used and operational maintenance needed.

Cron Jobs
the Noise does allow Cron Jobs to be conducted on our servers.

IRC
theNoise currently does not allow IRC or IRC bots to be operated on our servers.

Multiple Connections
Multiple Telnet/SSH, S/FTP sessions are allowed, on a single hosting account.

Idle Timeouts
theNoise may disconnect any idle connection to the network. Average timeouts are:
S/FTP - 300 seconds
Telnet/SSH - 2 hours

Commercial Advertising - Email
Spamming, or the sending of unsolicited commercial email (UCE), from our server or using an email address that is maintained on our machine is STRICTLY prohibited. For general reference, we consider spam any email that is sent to more than 10 people at a time that did not ask for it to be sent to them.

theNoise will be the sole arbiter as to what constitutes a violation of this provision. Opt-In email is acceptable, as long as Opt-Out/Removal request are fully honored. Please make an effort to limit outgoing mail on your account to no more than 5000 pieces per DAY and no more than 20 pieces per minute. Many times we have seen sites push over 1000 emails in one hit, this causes extreme server loads and prevents other people from accessing server services. Large mailings are preferred to be sent from the hours of 12AM - 8AM EST. Sites with large mailing databases may need to be placed on a dedicated service -- contact us for more details.

Server Abuse
Any attempts to undermine or cause harm to any theNoise server or customer is strictly prohibited. theNoise will pursue legal action to the fullest extent for all abuse of the theNoise Network.

Suspension/De-Activation
If any terms or conditions are failed to be followed it will result in grounds for account suspension or de-activation. theNoise reserves the right to remove any account without prior notice. If theNoise deactivates your account(s) for violating policy, you will forfeit your rights to a refund for any past services and none will be given. Refunds for advance payments will be provided per our terms. Normal policy is a warning first, and account de-activation the second offense. Serious offenses may cause immediate de-activation.

Indemnity
You agree to indemnify and hold theNoise and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

Modifications to Service
theNoise reserves the right at any time and from time to time to modify or upgrade, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that theNoise shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Privacy Policy
theNoise respects the privacy of every individual who visits our Web sites, responds to our interactive advertisements or sends us e-mail. This Privacy Statement outlines the information theNoise will collect and how we will use that information.

Some forms on theNoise website utilize a Secure Socket Layer (SSL) or Secure Electronic Transaction (SET) protocol to provide "secure sessions" for our visitors. Through the "secure session" information that you input into a theNoise form will be sent and will arrive privately and at a theNoise server. This security prohibits other companies and Web users from being able to access your information.

theNoise will not collect any personally-identifiable information about you (that is, your name, address, telephone number, or email address) unless you provide it to us voluntarily.

The following are some examples of when theNoise may require that you provide personally-identifiable information:

  • to complete an online order for a product or service (if you do not wish to complete an online order form, we will always provide an option for you to complete an order by calling a toll free phone number)
  • to enter an online contest or sweepstakes (if you do not wish to complete an online contest or sweepstakes form, we will always provide an option for you to enter by mailing a 3 x 5 card to a specific address)
  • to request more information about new or current theNoise products or services

If you do not want your personally-identifiable information collected, please do not submit it to us. If you have already submitted this information and would like for us to remove it from our records, please contact us at the email address posted on this site. We will use reasonable efforts to delete your information from our existing files.

When you do provide us with personally-identifiable information, we may use that information in the following ways, unless stated otherwise:

  • we may store and process that information to better understand all customer needs and how we can improve our products and services for all customers
  • we may use that information to contact you with new promotions and announcements if you have previously provided your permission and if the promotions and announcements are in your interest
  • we may contact you if we have questions about your account

theNoise will not sell personally-identifiable information to third parties, unless stated at the time of collection. We may share information with business partners. We are committed to giving you the choice whether or not we use your information for marketing purposes or share information with business partners.

DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THENOISE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. THENOISE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  3. ANY USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES RESULTING FROM SUCH USAGE.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THENOISE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THENOISE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THENOISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.