Ladyweave Acceptable Use Policy ("AUP")
This Acceptable Use Policy was last updated on August 18, 2011.
Ladyweave's Acceptable Use Policy ("AUP") has been designed to assist in protecting Ladyweave and its clients from improper and/or illegal activity over the Internet and to further compliance with all relevant laws and regulations. This AUP is also intended to establish a clear understanding of what Ladyweave expects of clients using our services.
Ladyweave's AUP is applicable to any and all access or use of Ladyweave's services (the "Service") or Ladyweave's network (the "Network"). This includes, but is not limited to, any use or access by (a) Ladyweave's clients, (b) Ladyweave's clients' clients, members, end-users, and agents and (c) any other parties who use or access the Service or Network (collectively, "Users"). All Users must comply with this AUP. Any access or usage of the Service or Network constitutes acceptance and agreement to this AUP. Each client of Ladyweave agrees that it is responsible for violations of this AUP by itself and by any party that uses or access the services or the network through such client, whether authorized by such client or not.
Ladyweave supports the uncensored flow of information and ideas and does not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the Service, except for certain proprietary web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Ladyweave may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong doing.
Ladyweave believes in communicating with our clients and will try to work with our clients to resolve any AUP violations before taking action which could cause a client's service to become unavailable. However, due to the nature or severity of some violations, this is not always possible or preferable. We reserve the right to immediately suspend or terminate, without warning, services to a client who is in violation of the AUP.
This AUP does not (a) obligate Ladyweave to monitor, review, or police the data and content residing on its network or (b) create any obligation of Ladyweave to any party that is not a direct client. Ladyweave expressly disclaims any liability for the data and content residing on its network and for the actions of its Users.
The following activities are expressly prohibited, and are considered violations of the AUP. These descriptions are guidelines and are not intended to be exhaustive. Ladyweave will be the sole arbiter as to what constitutes as unacceptable use.
Illegal Activity or Content
The Service shall not be used for any unlawful activities or in connection with any criminal or civil violation. Use of the Service or Network for transmission, distribution, retrieval, or storage of any information, data or other material in violation of any applicable law or regulation (including, where applicable, any tariff or treaty) is prohibited. This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory or otherwise unlawful.
We reserve the right to suspend or cancel a customer's access to any or all services we provided when we decide that the account has been inappropriately used. In short we do not allow certain activities hosted on our servers:
- No adult content (No pornography)
- No online gambling
- No Spam, No unsolicited e-mailing
- No Warez, cracks, copyright infringement
Ladyweave expressly prohibits any activities that, in its sole discretion, constitute network abuse. This includes, but is not limited to: Denial of Service attacks or any activities designed to exhaust the resources of a host or network. Any attempt to monitor data or traffic on any network or system without the authorization of the owner of the system or network. Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system.
Port-scanning, vulnerability scanning, and any other activity that may be used as a precursor to an attempted system penetration. Introducing malicious programs into any network or server, such as viruses, worms, trojan horses, and key loggers. Intentionally or negligently injecting false data into the Internet, for instance in the form of bad routing information or incorrect DNS information.
Forging any e-mail message header, in part or whole, of any electronic transmission, originating or passing through the Network. Executing any form of network activity that will intercept data not intended for the client's server.
Users are prohibited from engaging in improper use or distribution of email. Ladyweave will be the sole arbiter as to what constitutes a violation of this provision. This includes, but is not limited to:
- Sending of any unsolicited email ("spam"). Any message sent to a recipient from a purchased, rented, licensed, or traded list of email addresses is automatically considered unsolicited.
- Hosting web pages advertised within "spam e-mail" sent from another network ("spamvertising")
- Using the Service to receive replies from unsolicited emails ("drop-box" accounts).
- Configuring any email server in such a way that it will accept third party emails for forwarding ("open mail relay").
- 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 Ladyweave Users 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 Ladyweave hosted domain, or referencing any Ladyweave 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 www.spamhaus.org.
All IRC activity is prohibited. This includes running any type of IRC software including, but not limited to, IRC client software, IRC server software, web-based IRC software, IRC bots such as "eggdrop", and IRC proxies such as "psyBNC".
Proxy Servers are prohibited. This includes, but is not limited to, SOCKS proxies, Squid proxies, Bittorrent Proxies, Tor, and any CGI or PHP proxy scripts.
Facilitating a Violation of this Policy
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
Ladyweave accounts operate on shared network resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.
Ladyweave accounts operate on shared resources. Excessive use or abuse of these shared resources by one customer may have a negative impact on all other customers. You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of the Service or Network. Ladyweave reserves the right to limit such activities.
Reporting violations of Ladyweave's AUP
If available, please provide the following information:
- The IP address used to commit the alleged violation
- The date and time of the alleged violation, including the time zone or offset from GMT
- Evidence of the alleged violation
An E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information.
Ladyweave may take any one or more of the following actions in response to complaints:
- Issue written or verbal warnings
- Disable access to a client's content which violates AUP
- Remove content which violates AUP
- Block mail or any other network service
- Null-route client's IP address
- Suspend the client's account
- Terminate the client's account
- Bill the client for administrative costs and/or reactivation charges
- Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations
Any violation of the AUP which results in a client's server being removed or blocked from network access may be subject to reconnection fees as described in the TOS.
The aforementioned list of actions shall not be construed in any way to limit the actions or remedies that Ladyweave may take to enforce and ensure compliance with this AUP. Ladyweave reserves the right to recover any and all expenses, and apply any reasonable charges, in connection with a client's violation of this AUP. No service credits will be issued for any interruption in service resulting from violations of this AUP.
The client agrees to indemnify and hold harmless Ladyweave from any claims resulting from the use of the service, which damages the subscriber or any other parties.
Ladyweave reserves the right to change this AUP at any time. Such changes, modifications, additions or deletions shall be effective immediately upon posting on-line at this location. You acknowledge and agree that it is your responsibility to review this site and this AUP periodically and to be aware of any modifications. You may identify whether Ladyweave has revised this AUP by noting the "Effective Date" above. Your continued use of the site after such modifications will constitute your: (a) acknowledgment of the modified AUP; and (b) agreement to abide and be bound by the modified AUP. If you do not agree to these terms, please do not access or use this site or any site on the Ladyweave network.
Terms of Service
Ladyweave Terms of Service ("TOS")
This Terms of Service was last updated on August 18, 2011.
Ladyweave ("The Company") agrees to furnish services to the subscriber of services ("Client"), subject to the following TOS ("Terms of Service").
Ladyweave reserves the right to change this TOS at any time. Such changes, modifications, additions or deletions shall be effective immediately upon posting on-line at this location. You acknowledge and agree that it is your responsibility to review this site and this TOS periodically and to be aware of any modifications. You may identify whether Ladyweave has revised this TOS by noting the "Effective Date" above. Your continued use of the services after such modifications will constitute your: (a) acknowledgment of the modified TOS; and (b) agreement to abide and be bound by the modified TOS. If you do not agree to these terms, please contact us to cancel your services.
You agree to provide Ladyweave with accurate and complete contact information. Contact information means any data relating to your identity, electronic mail, and street address, or telephone and fax number, or any other information that you provide to Ladyweave in order to receive or to continue receiving services. Further, you agree to provide Ladyweave with updated contact information within a reasonable period of time following the change in circumstance that creates the need for updated information.
Payments and Fees
Establishment of this service is dependent upon receipt by Ladyweave of payment of stated charges. Subsequent payments are due on a recurring date that coincides with the date of sign up. The accepted methods of payment are credit card (Visa, MasterCard, American Express, and Discover), PayPal, check, or money order. Clients are responsible for any additional transaction fees that coincide with any payment methods. Checks and money orders should be sent at least 7 days prior to the invoice due date to help ensure that the payment is received by Ladyweave in a timely manner.
The Company reserves the right to deny Client the use of any payment method for, but not limited to, abuse or misuse of a payment method. Abuse of a payment method may also be grounds for further disciplinary action up to and including the immediate and permanent cancellation of the Client's services or their entire account with The Company. If a check or ACH draft is returned for any reason, the account will be assessed a $35 service charge per item. If payment for the returned check amount and service fee is not remitted in full by 2 P.M. EST the following business day, the server will be deactivated until payment is received and will be subject to regular reconnect fees. Credit cards that are declined for any reason are subject to a $2.00 declination fee.
Service will be interrupted on accounts that reach 7 days past due. Service interrupted for nonpayment is subject to a $60 reconnect charge. Accounts not paid by due date are subject to a $10 late fee. Accounts that are not collectible by Ladyweave may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay The Company a Processing and Collection Fee of not less than $75 nor more than $200. If you desire to cancel your account, please follow the proper procedure as outlined in this TOS.
If a service is deactivated due to non-payment the service in question will only be reactivated once payment for the outstanding balance has been received in full. If all services on an active account are deactivated all outstanding invoices must be paid in full before any one service will be reactivated. The Company reserves the right to keep a service deactivated until funds paid have cleared.
Client must submit service cancellations by calling or sending an email at least 7 days but not more than 30 days before the end of the service's billing cycle. Cancellation requests are not accepted through fax, or any other method besides phone or email. You must have all account information to cancel an account. Only the authorized account holder may cancel the account.
In the event of cancellation, customer will automatically be billed for any excess bandwidth usage during the then-current monthly billing cycle.
Client agrees that bandwidth usage shall not exceed the number of gigabytes per month for the services ordered by Client. Ladyweave will monitor Client's bandwidth usage. Ladyweave shall have the right to take corrective action if Client's bandwidth usage exceeds the amount allocated by Client's service plan ("Allocation"). Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this agreement, which actions may be taken is in Ladyweave's sole and absolute discretion. Ladyweave believes in communicating with our clients and will try to work with our clients to resolve any overage issues before taking action which could cause a client's service to become unavailable.
Bandwidth usage is measured on a monthly basis coinciding with Client's billing cycle. Both incoming and outgoing traffic are counted.
In the event that a customer exceeds the included allocation, Ladyweave may, at its sole discretion, collect a deposit in the amount of $0.25 per GB for the projected overage for the month, immediately against customer's credit card on file with Ladyweave.
Client agrees to pay Ladyweave any additional fees for bandwidth overages within 3 days of the invoicing period at a rate of $0.25 per GB of bandwidth used over the Allocation. Any bandwidth overage bill not paid within three (3) days of invoicing will subject the server and services to suspension.
Unused bandwidth allocations cannot be carried over to future months, or applied to other servers.
All hosting with Ladyweave is Shared hosting.
SPAM and Unsolicited Commercial Email (UCE)
Ladyweave takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or spam over our network. Very simply this means that customers of Ladyweave may not use or permit others to use our network to transact in UCE. Clients of Ladyweave may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.
a. Violation of Ladyweave's email policy, as outlined in the Acceptable Use Policy ("AUP") will result in severe penalties. Upon notification of an alleged violation of our AUP, Ladyweave will initiate an immediate investigation (within 48 hours of notification). During the investigation, Ladyweave may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our AUP, Ladyweave may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Ladyweave reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Ladyweave will notify law enforcement officials if the violation is believed to be a criminal offense.
b. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that Ladyweave personnel must spend to investigate the matter.
c. As our Clients are ultimately responsible for the actions of their clients over the Ladyweave network, it is advisable that Clients develop a similar, or stricter, policy for their clients.
Refund and Disputes
All payments to Ladyweave are nonrefundable. This includes one time setup fees, prepayment fees, and subsequent charges regardless of usage. Client shall not be entitled to any refunds, pro-rated or otherwise, in the event of early termination of this agreement by The Company according to the terms herein. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer or payment provider (chargeback) that, in Ladyweave's sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay Ladyweave an "Administrative Fee" of not less than $75 and not more than $200.
VPS Nightly Backups
Ladyweave performs nightly backups of VPS accounts as a courtesy service only. Ladyweave is not responsible for the completeness, integrity, or freshness of your VPS backup. Ladyweave recommends you have your own backup system in place. VPS backups are intended for disaster recovery purposes only. Ladyweave reserves the right to charge fees for restores which are requested that are not for disaster recovery purposes.
Clam Anti-Virus (ClamAV) which is used for scanning incoming email for viruses) is not enabled by default on servers with less than 512MB memory. This is because ClamAV uses 80-120MB+ of memory which is a significant portion of memory on smaller VPS plans. If you need this functionality enabled, please call and we will be happy to enable it for you.
SuHosin for PHP and Ladyweave's custom mod_security ruleset are not installed by default for compatability reasons. If you would like them installed, please call and we will be happy to install either for you.
Harassment and Abuse
Ladyweave does not tolerate abuse of any kind towards its employees. This includes all verbal harassment, yelling, swearing, rudeness, threats, and any intentionally disruptive behavior directed at Ladyweave or any of its staff or agents. Client agrees to engage Ladyweave in a professional manner whether in email, or on the telephone. Any abuse will be construed as a violation of this Terms of Service agreement. No refunds will be provided for any service termination which arises as a result of a violation of this clause.
Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of The Company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of The Company. Client further acknowledges that The Company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall The Company be liable for any special or consequential damages, loss or injury.
Ladyweave is not responsible for any damages your business may suffer. Ladyweave does not make implied or written warranties for any of our services. Ladyweave denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Ladyweave.
Client agrees that Ladyweave's failure at any time to enforce any of the provisions of this TOS or any right or remedy available hereunder, or at law or equity, or to exercise any option herein provided, shall in no way be construed to be a waiver of such provisions, rights, remedies, or options or in any way to affect the validity of this TOS. The exercise by Ladyweave of any rights, remedies, or options provided hereunder, or at law or equity, shall not preclude or prejudice Ladyweave from exercising thereafter the same or other rights, remedies, or options.
You agree that Ladyweave is not responsible for any damages, delays, or other failures to fulfill its obligations hereunder as a result of war, fire, strike, riot or insurrection, natural disaster, delay of carriers, governmental order or regulation, complete or partial shutdown of plant, unavailability of materials or equipment from suppliers, failures or blackouts, labor disputes, and/or other occurrences beyond its control whether or not similar to those listed above.
Neither this TOS nor any of the rights, interests or obligations hereunder may be assigned by the Client (whether by operation of law or otherwise) without the prior written consent of The Company. The Company may assign this TOS without the consent of Client. Subject to the foregoing, this TOS shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and permitted assigns.
We reserve the right to refuse service to anyone at any time for any reason.
The Company is not responsible for data integrity on equipment reclaimed for non-payment.
Michigan residents agree to pay all taxes applicable to your account.
Anything not explicitly stated in this TOS is subject to interpretation at Ladyweave's sole and absolute discretion.
You, as Ladyweave's client, are solely responsible for the content stored on and served by your Ladyweave service.
Ladyweave is Gretchen Ohmann. I'm relatively close to Chicago, in the southwestern corner of Michigan where I've made my home since the 70s. With the encouragement of family, friends and colleagues, I've developed my skills in web design through an early apprenticeship in a print shop, on-the-job training in typesetting shops, and many - many! - years screen printing in a small t-shirt business.
Shade Tree Tees existed from the late 70s until my late partner Patrick and I closed it in 2004, wanting to move on to other things. During those decades, we designed, printed and sold shirts and other wearable and usable items in our local area. We won awards for our design work along the way, and worked with a lot of terrific people, all dedicated to creating exceptional quality goods for our customers.
I carry those ideas forward into designing web sites. I've worked with a number of non-profit organizations who wanted their web site to be functional as well as visually interesting. Getting into Content Management Systems (CMS) at the behest of a colleague led me into the habit of researching and gathering the tools necessary to keep track of information and do tasks online. The growing "virtual office" trend means more people need to be able to do their work in an online environment, and that applies to small businesses/groups as well as large.
My specialty has been meeting the needs of those smaller organizations with those CMS tools. My philosophy is that you don't need deep pockets to look businesslike and professional online.
I've focused on Joomla CMS, since my research showed it to be extremely versatile. There is a virtual horde of developers working on tools (extensions) for Joomla sites, and the community of users and developers is open and encouraging. These days I'm gaining experience in WordPress because they are adding many functions that had only been available with the larger CMS systems. With WordPress, the setup time is quicker and there are many administrative tasks you can handle on your own with less training.
I am employed half-time with a non-profit organization, and devote the rest of my working hours to web design and training. So I can design and set up your site. I'll ask you questions about what your organization wants to present online, and what they might want to do that these online tools could facilitate.
If you are already working with a Joomla or WordPress site, I'm happy to work with what you have, offer technical assistance, or train you to do the tasks you need to do.