ACCEPTABLE USE POLICY

Illegal Usage

Kustom Choice servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, prescription drug sales, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

Examples of non-acceptable content or links: pirated software, hacker programs or archives, warez sites, MP3, and IRC bots. Any type of forum/discussion board discussing where to obtain such files or one that distributes the files is also prohibited. Sites related to HYIP (High Yield Investment Programs), Ponzi schemes or pyramid schemes are prohibited.

The subscriber to Kustom Choice service agrees to indemnify and hold harmless Kustom Choice from any claims resulting from the use of the service that damages the subscriber or any other party. Kustom Choice will be the sole arbiter as to what constitutes a violation of this provision.

Illegal Content

Kustom Choice does not allow torrent clients or trackers due to copyright issues and resource abuse. Background daemons such as IRC bots, eggdrop, BitchX, XiRCON and any other program that interferes with normal server operation are not allowed. Web proxies are also not tolerated due to resource abuse. When using an account with shell, you are not allowed to run any servers or services on the Twist3d network. Servers are defined as perlbots, proxies, bitchX, psyBnc, root exploits, DDoS scripts, Shoutcast servers, etc. Running any of these will face an immediate suspension, and users will be subject to a fine no less than $50.00 USD, and no more than $100.00 USD.

Kustom Choice reserves the right to terminate an account for these activities also.

Chat Rooms

Kustom Choice does not provide nor allow chat rooms to be hosted on our servers. Placing chat rooms or chat room software on our servers may result in immediate suspension or termination.

Adult Content

Legal Adult Content is allowed as long as you legally own the content you wish to host and can prove it at a moment?s notice should it be questioned at a later time.

Some examples of legal content are:
*Adult website featuring yourself or signed models.
*Legal adult content featuring somebody 18 years of age or older.
*Photography business featuring content that you legally own and have obtained.

Some examples of Illegal content are:
*All forms of Child pornography.
*Pictures/videos of people under the age of 18.
*Images grabbed/stolen from search engines, or other websites.
*Any and all copyright material not owned by you or your company

Users found violating legal adult content will be immediately suspended until an agreement is met to remove said offensive material.

IRC / Bots

Kustom Choice does not allow IRC or IRC bots to be operated or hosted on our servers.

Security

Users are prohibited from violating or attempting to violate the security of the Twist3d Network. Violations of system or network security may result in civil or criminal liability. Kustom Choice will investigate occurrences, which may involve cooperation with law enforcement authorities in prosecuting Users who are involved in such violations.

These violations include, without limitation:
1) Accessing data not intended for such user or logging into a server or account, which such user is not authorized to access,
2) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,
3) Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing",
4) Forging any TCP/IP packet header or any part of the header information in any e-mail or forum posting,
5) Taking any action in order to obtain services to which such User is not entitled,
6) Attempting to couple many hosting packages together to take advantage of massive space or bandwidth allocations,

Each hosting package purchased is unique to a domain name and use - you are not allowed to purchase multiple plans to obtain combined bandwidth & space. Kustom Choice will stop such transactions and label them as deceptive. We have an upgrade path for all services and we can often time work out special deals for users if they ask us for the assistance. Violations of system or network security are prohibited, and may result in criminal and civil liability.

Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Server Abuse

Any attempts to undermine or cause harm to a Kustom Choice server or customer of Kustom Choice is strictly prohibited.Any sub-networks of Kustom Choice and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice. User agrees to only use shared hosting services for its intended applications. Misuses include scientific/grid/distributed computing, data warehouse/backup storage, or bandwidth sinks. kustomchoice.com, will be the sole arbiter to what is considered a misuse of service. User agrees to ask kustomchoice.com in the event they are unsure of their application's fitness for our shared hosting services

Client Responsibility

The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party.

Backup Policy

Kustom Choice takes extreme steps to maintain system integrity. However, Kustom Choice shall not be held responsible for loss of data due to any cause. To ensure the highest level of data protection, Kustom Choice recommends that ALL information be backed up on your own computer. As with any data that you hold a high importance to, it should be in more than one location at all times. All Kustom Choice data backups are designed against hardware failure, not customer user error.

Actions Taken

The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. Kustom Choice will be the sole arbiter as to what constitutes a violation of the AUP. Kustom Choice reserves the right to remove any account without prior notice.

When Kustom Choice becomes aware of an alleged violation of its AUP, Kustom Choice will initiate an investigation. During the investigation, Kustom Choice may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Kustom Choice may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Kustom Choice will notify the appropriate law enforcement authorities of such violation.

Kustom Choice does not issue credits for outages incurred through service disablement resulting from AUP violations. Kustom Choice customers agree to indemnify and hold harmless Kustom Choice from any claims resulting from the use of our services that damages them or any other party. The Kustom Choice service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Kustom Choice expressly disclaims any representation or warranty that the Kustom Choice service will be error-free, secure or uninterrupted. No oral advice or written information given by Kustom Choice, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Kustom Choice and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Modification

Kustom Choice reserves the right to add, delete, or modify any provision of this policy at any time without notice.

Refusal of Service

We reserve the right to refuse, cancel, or suspend service at our sole discretion.

An example of refusal of service is if an account continues to abuse our policies after warnings. Refusal, cancellation or suspension of services especially holds true to issues with spam or any script abuse. Another example of refusal of service is if a customer becomes very unreasonable, unprofessional, extremely difficult to work with or threatening. Said customer's account will be suspended and we will recommend to the customer to find a new host. A backup of the account(s) may be provided.

TERMS OF SERVICE

Privacy

kustomchoice.com will not sell, distribute, reveal, or otherwise make available any customer information. Should we need to contact you directly regarding your specific account or service we will do so via email.

Satisfaction Guaranteed!

If for any reason you are unhappy with the services you receive from us during the first 30 days of service, you may request in writing via email or the helpdesk that your services be discontinued at which time you will receive a refund for the unused period should the following steps be taken first unless there are other factors which void the following terms.
1. You must state a detailed reason as to why you are cancelling.
2. We must find your reason to cancel valid & all possible steps were taken on your side and on ours to correct the situation causing the interest to cancel.
3. If evidence is found of foul play posted on other websites by you that is negative against our company we reserve the right to refuse a full refund in which case a partial refund will be given. After these steps are taking into consideration then a FULL refund will be issued of the time remaining.

New Accounts

All new web hosting accounts purchased on our order page are normally set up within 24 hours by our account administrators. You will receive an email including login details after your purchase. Due to unforeseen complications with various mail servers and any connection problems between your ISP and Kustom Choiceing, this process may sometimes be delayed.

In order for your domain name to point to the server your new account is located on, you must change your DNS (Domain Name Servers) at your registrar. That process is not known as a domain transfer. A domain transfer is if you want to physically transfer your domain to our registrar and away from your original registrar. You must create an account at http://kustomchoice.com/support/domainchecker.php and initiate a transfer. A domain transfer is $15.99 and that goes toward one year of registration with Kustom Choice, added on to your current registration period with the previous registrar. We will take necessary steps to register domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names.

Kustom Choiceing does not take responsibility for failing to renew domain names. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire. We do not handle renewals unless specifically asked for by sending a ticket to our helpdesk. If you have any questions at all about DNS changes or domain names in general, please email support(@kustomchoice.com).

Payments

All payments will be charged to an approved credit card (Visa, Mastercard, American Express) or debit card that is approved. We also accept Alertpay payments. All accounts 15 days past due will incur a $10.00 USD late fee charge. Any account that is 25 days or older past due will be terminated thus resulting in all website data being lost. We only accept credit cards, check (debit) cards or Alertpay for payment of services. Yearly plans renew automatically and payments will incur unless you submit proper cancelation of your account.

In the event that your yearly charge is denied and we are unable to contact you, then the aforementioned fees to enable your account shall apply. Monthly payments will incur unless you submit proper cancelation of your account. Any outstanding debt not paid will be forwarded to a collections agency. Please address any questions regarding payment to our billing department via our Helpdesk (http://kustomchoice.com/support)

Cancellations

If you wish to cancel your services, you must file your request via e-mail or the helpdesk 5 business days prior to your renewal date. If your notice of cancellation is not received within this time frame, you will be liable for payment of the preceding month/year and hereby agree to complete payment as invoiced accordingly.

If you cancel your account and your payments still continue for any reasons such as
1) by fault of Kustom Choiceing staff
2) by fault of the credit card processor
3) by fault of any other payment collection company we are not responsible for any overdraft fees that are issued by your financial institution.

Overage Charges

Our service plans are designed to accommodate the majority of usage scenarios given the needs of our customers. However, your usage may vary and require additional allocations, specifically in the areas of storage and traffic. We will never charge your card automatically if your account requires more resources. You must keep your email address updated within your cPanel, so that you may receive an email when your account reaches certain limits determined solely by our system, ie. Bandwidth exceedment warning at 80% at which time you may contact us to purchase a higher transfer quota for your account.

If you do not contact us, the system will suspend your site if your allotments exceed.

Refunds/Account Termination

If, for any reason, kustomchoiceing.com fails to deliver said services, a prorated credit can be issued upon request. No credits will be issued if abuse of our stated policies forces kustomchoice.com to suspend or terminate your services prematurely. In the event you request account cancellation, once your service has been cancelled your account will be suspended from use. It will then be deleted within 30 days.

Cancellations of accounts pre-paid for on a monthly basis will not receive a credit/refund for the remainder of the billing period, therefore we encourage to only submit cancellation when the account will no longer be used. Cancellations of accounts pre-paid on a yearly basis will only receive a pro-rated credit, not a refund, based on the monthly rate of the same hosting plan, where any applicable credits will be issued to the client account and can be used to purchase other services/products by client at anytime. All add-on service payments are non-refundable as they are included only during the life of the hosting plan.

If for any other reason your account becomes suspended and remains suspended it will be deleted after a 30-day period.

Content

kustomchoice.com, LLC believes in freedom of speech; however, any content (written, visual, or implied) in the following areas will not be tolerated and is grounds for immediate suspension of service (in most cases customer will be allowed a zip file of their account): racism or prejudice due to color, creed, or belief; any violent/malicious/obscene content written, visual or implied. We will not tolerate any type of hate site including terrorist related websites on our network.

If we receive notice that there is such a hate site hosted within our network, the customer hosting the material will be notified immediately. They are required to remove the content within a certain timeframe or will face account suspension and/or termination.

We prefer that you self-govern your content and remain responsible and all-knowing of your website publically provides. Even if other users have access to your account, you are responsible for their actions. The resources and time needed to govern our servers by checking each website individually, which have growing and evolving content, is impossible. However, if kustomchoice.com, LLC is made aware of any questionable content on a Kustom Choiceing-hosted site, we will address the concerns immediately and directly with you to seek an amiable resolution. If any person contacts us about content they have found on a Twist3d server that copyrights their own material or that they wish to be removed, we require a proper DMCA notice to begin investigation.

Liabilities

kustomchoice.com makes no endorsement, claims, or promises regarding the services offered by our customers and will not be held liable for any disputes or claims against said customers. In no event shall kustomchoice.com, LLC be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of a customer web site or from any information, services or products provided through a customer web site.

If there is questionable content on any server in our network, we will not take any action against any material or action until the website is brought to our attention by emailing our abuse department at abusedep(@kustomchoice.com).

RESOURCE ABUSE

Introduction

Any website on our shared servers that uses a high amount of server resources (CPU, memory usage, and network resources) will be given an option to pay for a dedicated server with our sister host. The abuse and misuse of system resources is a serious problem, and Kustom Choice does not tolerate it. Accounts on a shared server must be shared with other users, so we must limit how much of the CPU and memory that can be used by any one account. In all fairness, we cannot allow one or two clients to use all of the system resources on a shared machine and have all other clients suffer because of it. Excessive CPU and memory usage by one or more clients causes extreme slowness in all areas: MySQL, Email, HTTP and more. If the CPU and memory usage by a few clients gets out of hand, all sites hosted on the machine will return errors and not be accessible in any way.

Average Server Resource Limits

Memory usage may not exceed 10% per domain/file/application
CPU usage may not exceed 20% per domain/file/application
Apache connections may not exceed 30 connections
15 MySQL maximum user connections allowed
350 emails per hour, per domain

There are special exceptions to these rules to be determined at the time we discover abuse. There are different combinations of usage that can create problems and other special cases. At any given time a server is unstable and an account is found to be the cause, we reserve the right to suspend the account to keep the server online and operating normally. If the usage is an increasing trend, we recommend the user invest in a dedicated server so the website can grow at a normal rate without restriction.

Suspensions

In the event your website has been suspended for resource abuse (abuse that cannot be resolved by removing/changing a script, etc.) and you do not wish to upgrade to a dedicated server to accommodate your site needs, we will only release the suspension within 24-48 hours. This is to ensure the CPU intensive site slows down in traffic to avoid further damage and problems. A backup will then be provided of your files or you will be allowed FTP/cPanel access for a certain time period.

Any questions about our abuse policy may be answered by emailing our abuse department at abusedep(@kustomchoice.com).

MAIL POLICY

Messages Allowed Per Domain, Per Hour

Clients hosted on our shared or reseller servers may only send up to 350 individual pieces of mail per hour.

Opt-in Email Marketing

If you choose to engage in marketing your site and/or services via email please heed the following. The only permitted form of email marketing is that in which the list is "opt-in". By definition, opt-in is where people provide you with their email address specifically requesting to be on your email list for information about your site and/or service. Even opt-in has its share of issues, so we cannot guarantee we will host this type of site on our network. If we find your account transmitting email to persons that did not authorize such activity, that is grounds to suspend and terminate your site.

UCE, UBE, Spam

Kustom Choice has a zero tolerance policy regarding unsolicited commercial email (UCE) and unsolicited bulk email (UBE) also known as "spam". Uploading, posting, emailing, transmitting or otherwise making available any UNSOLICITED or unauthorized advertising, or promotional materials where examples of these include but are not limited to "junk mail," "instant messaging," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation from or through a Kustom Choice server or using an email address or system that is maintained by Kustom Choice is STRICTLY prohibited. Kustom Choice will be the sole arbiter as to what constitutes a violation of this provision.

If you engage in any of the foregoing activities using the service of another ISP or IPP, but channeling activities through a Kustom Choice server as a mail drop for responses, you are in violation. Violators will be assessed a minimum of $200.00 fine and will face an immediate suspension and are subject to termination.

The definition of spam:
An electronic message is "spam" IF:
(1) the recipient's personal identity and context are irrelevant because the message is equally applicable to many other potential recipients; AND
(2) the recipient has not verifiably granted deliberate, explicit, and still-revocable permission for it to be sent; AND
(3) the transmission and reception of the message appears to the recipient to give a disproportionate benefit to the sender.

You will be cited with "UCE/UBE Abuse" if you send any email to persons who have not specifically asked to receive email from you. The sending origin of such email is irrelevant. Upon confirmation of abuse, any Kustom Choice customer engaging in this practice will have their service suspended. Not only does spam place a strain on the server that can negatively affect that server's uptime record and performance record, you subject that server to the possibility of being blacklisted.

If your site will be sending mailings out to subscribers, this is a checklist of what you are required to do: You must not try to hide, forge or misrepresent the sender of the e-mail and sending site of the e-mail. Bulk mailings must specifically state how the persons' e-mail addresses were obtained and must indicate the frequency of the mailing. Bulk mailings should contain simple and obvious unsubscribe mechanisms. We recommend that this be in the form of a working link to a one-click unsubscribe system; however, a valid "reply to:" address may be used instead.

All subscription based e-mail must have valid, non-electronic, contact information for the sending organization in the text of each e-mail including either a phone number or physical mailing address. All bulk e-mail must be solicited, meaning that the sender has an existing and provable relationship with the e-mail recipient and the recipient has not requested not to receive future mailings from the sender. Documentation of the relationship between the sender and the recipient must be made available to AOL upon request.

Prohibited Uses of Systems and Services

Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through Kustom Choice's servers is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, email address or utilizing any resource hosted on Kustom Choice's servers, is prohibited.

Kustom Choice accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.

Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Kustom Choice customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any Kustom Choice-hosted domain, or referencing any Kustom Choice account, is prohibited. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at spamhaus.org. We receive automatic reports from Spamhaus, AOL and SpamCop for our IP ranges.

If there are more than three complaints logged against your site in one day, the site will be suspended until a resolution/explanation is made.