Club Management Services

Club Management Services provides web site hosting services. In doing so, Club Management Services has certain legal and ethical responsibilities regarding the use of its computer servers and equipment involved in these services.

Club Management Services' general policy is to act as a neutral provider of club organization services for any community service oriented, or community servicing organization. Club Management Services has specific ethical concerns regarding the use of its servers detailed below. Club Management Services reserves the right to suspend or cancel any customer's access to any or all services provided by Club Management Services should Club Management Services deem that the account has been inappropriately used, even for events that are not specifically outlined in this document.

Club Management Services reserves the right to revise its policies at any time.

Content

All services provided by Club Management Services are to 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 Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless Club Management Services from any claims resulting from the subscriber's use of Club Management Services's services which damages the subscriber or any other party.

Note: Pornography and sex related merchandising are prohibited on any Club Management Services server. This includes sites that may imply sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Club Management Services servers or any other server on the Internet. Links to such materials are also prohibited.

We do not allow HYIP related websites on either hosting or reseller accounts. Any HYIP or PONZI related websites will be immediately deleted from the server, without notice.

We do not allow you to use your webspace as a personal or business backup site for files or music. Violators of this policy will receive email warnings and possible account suspension.

• Examples of prohibited content or links include (but are not limited to): IRC Software
• Pirated software
• Hacking programs or archives
• Warez Sites
• Distribution of music files or any other material in which the account holder does not own the copyright.
• Adult Sites
• Game Servers (dedicated game server programs)

Club Management Services will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.

Housing of any of the following files is considered a violation of the terms of service:

• IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited. Also any program that acts like an IRC server or that provide chat functions that run as background processes are not allowed.
• Proxies - We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.
• PortScanning - We do not allow any kind of portscanning to be done on or from our servers or network.
• PHP or CGI Shell - PHP/CGI Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited.
• ShoutCast Servers / Shoutbox scripts - We do not allow Shoutcast Servers due to bandwidth and load issues. This includes ALL shoutcast, shoutbox and related scripts.

Use of Email Newsletters

We at Club Management Services are proud to support responsible commerce on the Internet - this is represented in our service offerings and unparalleled support. However, it has become apparent that the same environment that has helped this trend take off has also contributed to numerous cases of fraud and abuse of network resources.

In particular, "spam" has proven to be a major problem for many of our customers and the Internet at large. Spam is a common slang term referring to the sending of unsolicited email, instant messaging, or other communication to a large group of people at once. Variations on this practice include off topic (and usually promotional) messages on bulletin boards, guestbooks, Usenet newsgroups, or chat rooms.

Spam is strictly against our Terms and Conditions, and will result in the immediate disablement without refund of any customers who are found to have used spam in conjunction with their Club Management Services account.

The following policy dictates in specific terms what is considered acceptable use of bulk email by Club Management Services:

Subscriptions

Mailing list subscribers must specifically opt-into the list they are subscribed to. This applies to both new subscriptions and the bulk addition of addresses already subscribed via other means. Confirmation is handled using a single confirmation message sent to the subscriber's email address. This mailing must contain a URL to the site's privacy policy, a brief description of the mailing list, and a URL that the user must follow to confirm the subscription.

Mailing list subscriber information must include the date and time that the subscription was confirmed, as well as the IP address of the subscriber at the time of the subscription. The user must be able to present this information as requested, at Club Management Services's request. The account holder agrees to furnish this information within 24 hours to Club Management Services to allow Club Management Services to defend itself from potential blacklisting. Failure to provide this information, as requested, may result in account suspension.

The nature of email address use must be fully disclosed, either on the page the subscription is made from or with a prominent link to (your) site's Privacy Policy. It must be made reasonably clear how a user's email address will be used and in what circumstances it will be shared.

Lists cannot be procured from outside parties unless the email sender has procured a list from an organization that sells or otherwise shares email distribution lists, and all of the following conditions are met:

1. The selling organization maintains a publicly viewable privacy policy disclosing that such sales may occur.
2. The privacy policy is prominently linked to from the page the subscriber signed up from.
3. The privacy policy has not changed substantially since the user signed up.
4. Records are kept of the date, time, IP address, and form location where the subscribing user signed up from.
5. Lists procured from outside parties must have been consistently handled in a manner comparable to Club Management Services's policies.
6. Users cannot populate lists with addresses obtained for a substantially different purpose than was originally disclosed to the user.
7. All subscriptions must be re-confirmed in the manner described in Subscriptions (above) before being sent bulk email messages.

Mailing Practices

1. Users must not modify the headers of any message in such a way that purposefully obfuscates the origin of the message.
2. Undeliverable addresses must be removed from all future mailings after no more than 5 bounces.
3. Users are responsible for the practices of any affiliate program members they solicit the help of, as if they were hiring an outside advertising agency.
4. Users using either outside advertising companies or 3rd party mailing programs must abide by the same policies and practices as those using Club Management Services's own bulk mailing list tools.
5. All mailings must provide clear and simple to follow instructions for opting-out of future mailings, and all reasonable attempts must be made to facilitate the removal of a mailing list subscriber at their request. This must be included in EVERY MAILING. Bulk messages sent to BCC's (Blind Carbon Copies) where the recipient is NOT identified are forbidden.

Spamware

It is strictly prohibited in conjunction with your Club Management Services account to sell software designed specifically to facilitate the practice of spamming, phishing or pharming.

Suspensions

Club Management Services reserves the right to disable any account at any time should it feel there is a reasonable suspicion that it is being used in conjunction with the practice of spamming, "phishing" or "pharming".

Customers must substantially address all spam related inquiries by Club Management Services personnel within 24 hours. Failure to respond may result in the suspension of the user's account.

By following these guidelines and respecting the privacy of your visitors, you can gain much from the responsible practice of commerce online. Of course, should you have any questions regarding the proper way to use bulk email with your web site, please contact us for more information.

Any user who has a script installed or upload to their web space, that is not kept updated, or is otherwise not maintained correctly that results in spam, phishing or other bulk mail being sent from that user account, will be suspended, without notice. There will be a minimum $25 "cleanup" fee, to be paid via Paypal Only, for the first offense and $50 "cleanup fee" for each additional offense. This fee must be paid before service is restored or backups are provided to the customer - there will be no exceptions. This includes all scripts/programs exploited due to insecure permissions being set by either the user or the script itself. It is the clients responsibility to secure their web space and insure it is not used in a malicious manner - and for making sure scripts are updated at all times.

Server Abuse

Any attempts to undermine or cause harm to a Club Management Services server or subscriber of Club Management Services is strictly prohibited including, but not limited to:

• Logging into a server or account that you are not authorized to access
• Accessing data or taking any action to obtain services not intended for you or your use
• Attempting to probe, scan or test the vulnerability of any system, subsystem or network
• Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
• Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the System
• Interfering with, intercepting or expropriating any system, data or information
• Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system

You will be held responsible for all actions performed by your account whether it be done by you or by others. All sub-networks of Club Management Services and all dedicated servers must adhere to the above policies.

Maintenance and Downtime

Club Management Services will use all reasonable efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond Club Management Services's control or which are not reasonably foreseeable by Club Management Services, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures.

Club Management Services will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. Club Management Services has no responsibility for downtime resulting from a user's actions.