Terms of Service

Updated: October 31, 2024

 

K Sutton Enterprises, LLC. provides services to clients all around the world. K Sutton Enterprises has the responsibility to protect each client and provide them with the best services available. The following guidelines were designed to insure these services.

 

Content

All services provided by K Sutton Enterprises, LLC. may be used for lawful purposes only. 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 K Sutton Enterprises, LLC. 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
  • Hackers programs or archives
  • Child Pornography

K Sutton Enterprises, LLC. will be the sole arbiter as to what constitutes a violation of this provision.

 

Unlimited Traffic/Hits & Web Space

K Sutton Enterprises, LLC. is pleased to offer our clients unlimited traffic, hits and web space. To maintain the integrity of our service the usage of account for backup or file storage is not allowed as well as the following kind of activities, traffic and usage:

  • Account usage for backup purposes
  • Email storage over 20GB
  • MySQL database size over 5GB
  • 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, .rar, .GZ and so on.
  • Sites running large chat room gatherings.
  • Topsites
  • IRC Scripts and Bots of any kind unless it was explicitly permitted by K Sutton Enterprises, LLC. management
  • Proxy scripts/anonymizers
  • Image hosting similar to Photobucket, Twitpic, Imageshack and others
  • AutoSurf/PTC/PTS/PPC sites
  • IP scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror similar to Rapidshare and others
  • Audio Streaming with more than one or two streams
  • Escrow, Bank Debentures, Bank Debenture Trading programs and sites
  • High-Yield Interest Programs (HYIP) or related sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme and such)
  • Prime Banks Programs
  • Lottery sites
  • MUDs/RPGs/PBBGs
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Fraudulent Sites of any kind
  • Mailer Pro hosting sites
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Sites using more than 20% of any system resource including but not limited to CPU, RAM or Disk

If you do not qualify for unlimited traffic/hits, your account may be required to be upgraded, or K Sutton Enterprises, LLC. may move your site to a different server, to reduce the load on the server you are currently residing. K Sutton Enterprises, LLC. will be the sole arbiter as to what constitutes a violation of usage limitations. At any time K Sutton Enterprises, LLC. may move your site to a different server, to reduce the load on the server you are currently residing.

 

Inode Usage

K Sutton Enterprises, LLC. has inodes limit set for each hosting account on shared and reseller servers. The number of inodes employed by single cpanel account should not exceed more than two hundred and fifty thousand 250,000 inodes on any shared or reseller account. If limit of 250,000 inodes reached – account may be suspended for TOS violation, while K Sutton Enterprises, LLC. will send a warning email to client beforehand. If a specific user upload/create enormous amount of files on regular basis, use disk space as storage and keep thousands of files/photos/emails – he will be queued for investigation and put at-risk of suspension.

 

Chat Rooms

K Sutton Enterprises, LLC. 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

K Sutton Enterprises, LLC. may allow programs to run continually in the background, these are considered on a one to one basis and a extra charge may be incurred based on system resources used and operational maintenance needed.

 

Cron Jobs

K Sutton Enterprises does allow Cron Jobs to be conducted on our servers.

 

IRC

K Sutton Enterprises currently does not allow IRC or IRC bots to be operated on our servers.

 

Multiple Connections

Multiple telnet and ftp sessions are allowed, on a single hosting account.

 

Idle Timeouts

K Sutton Enterprises, LLC. may disconnect any idle connection to the network.

 

Average timeouts are

  • FTP – 300 seconds
  • Telnet – 2 hours

 

Commercial Advertising – Email

Spamming, or the sending of unsolicited email, from a K Sutton Enterprises, LLC. server or using an email address that is maintained on a K Sutton Enterprises, LLC. 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.

 

K Sutton Enterprises, LLC. 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, need to be placed on dedicated server or VPS platform.

 

Server Abuse

Any attempts to undermine or cause harm to a K Sutton Enterprises, LLC. server or customer of K Sutton Enterprises, LLC. is strictly prohibited. K Sutton Enterprises, LLC. will pursue legal action to the fullest extent for all abuse of the K Sutton Enterprises, LLC. 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. K Sutton Enterprises, LLC. reserves the right to remove any account without prior notice. If K Sutton Enterprises, LLC. deactivates your account(s) for violating policy, your will forfeit your rights to a refund…and none will be given. No refunds for advance payments, on de-activated accounts. Normal policy is a warning first, and account de-activation the second offense. Serious offenses may cause immediate de-activation.

 

Privacy Policy

K Sutton Enterprises, LLC. 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 K Sutton Enterprises, LLC. will collect and how we will use that information. All order forms on K Sutton Enterprises, LLC. 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 K Sutton Enterprises, LLC. order form will be sent and will arrive privately and unaltered at a K Sutton Enterprises, LLC. server. This security prohibits other companies and Web users from being able to access your information.

 

K Sutton Enterprises, LLC. 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 K Sutton Enterprises, LLC. 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 K Sutton Enterprises, LLC. 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 listed at the bottom of this Statement. 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

 

K Sutton Enterprises, LLC. 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.

 

Indemnification to Us: You agree to indemnify Us for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or any state law equivalents, including claims relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your mobile telephone number. You agree to indemnify, defend and hold us harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees).

 

Participation Requirements: By participating in the Service, you acknowledge and agree that you are eighteen (18) years of age or older. You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

 

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Service after any such changes, you accept this Agreement, as modified.