Terms
By using our Hosting service, Customer hereby agrees to Our Hosting Terms of
Service (TOS) and Acceptable Use Policy (AUP) and we follow the No Spam Policy
rule. Adult websites and any other websites deemed unsuitable (at our sole
discretion without any discussion) are not allowed.
Terms of Service (TOS) is an agreement under which Hosting users agree
upon when using Our Hosting Service. Violations of this TOS may result in
account suspension or termination.
Unless otherwise specified, in this TOS and AUP, the usage of “us”, “we”, “our”,
and “ours” shall refer to Our Hosting Services, and all its parents,
subsidiaries, successors, and assigns. The usage of “you”, “your”, “they”, and
“them” shall refer to the Customer of Hosting Services, Inc.
Moreover, in this TOS, the AUP, “Hosting Services” shall refer to Our Hosting
Services, and all its parents, subsidiaries, successors, and assigns; unless
otherwise specified.
Customer agrees that it shall comply with this TOS and Our Hosting Acceptable
Use Policy (AUP). In this document, the word “Agreement,” with a capital “A,”
refers to the TOS, the AUP.
1. General Terms.
In consideration of hosting services to be delivered, Customer agrees to be
bound by the following terms and conditions:
1.1. Customer agrees to pay in advance for hosting services to be rendered.
1.2. Customer agrees to be bound by the service term selected on the online
order form or via applicable promotional codes that may require Customer to
order Our Hosting service for a certain minimum period of time.
1.3. Customer agrees to a no-refund policy in advance. Setup fees and web
hosting service fees are non-refundable.
1.4. Non-Payment of services shall result in a 5-day notice of disconnection.
All payment failures must be cured within 5 business days from invoice due date
or account will be suspended. Account termination will result from invoices
overdue for 30 days.
1.5. Our Hosting Services are not and shall not responsible for data integrity
for any accounts that are terminated, disconnected, or interrupted because of
Customer’s failure to pay for Our Hosting services.
1.6. Customers agree to pay all taxes applicable to your account.
2. Agreement for Services.
2.1. Our Hosting Services will provide, and Customer will purchase and pay for,
the Web hosting services (the “Services”), according to the service fees
specified in the Order for the applicable Service Description. Customer
acknowledges that the service, and service fees have been communicated to the
Customer, and that Customer is aware of all applicable charges as per the
Agreement. Customer also understands that no promotional offers will apply to
their individual service unless said promotional offers are specified in this
Agreement.
3. Payment.
3.1. Establishment and provision of service is contingent upon receipt of
payment from Customer to our Hosting Services
3.1.1. Customer must pay in full for the Services before our Hosting Services
begins to provide the Services to Customer. Invoices are generated 5 days before
renewal and customer agree that if paying by credit card, recurring billing will
be billed and charged automatically on the date the invoice is generated and
that our Hosting Services may apply the amount due at any time to the credit
card listed on file.
3.1.2. Setup fees will be charged and are due at the time of the Customer’s
initial request of the Services requiring setup.
3.2. Payment is due on the defined monthly recurring billing date of each month.
All returned checks will be charged a $50.00 service fee. Service will be
interrupted on accounts that reach 5 days past due. Accounts that are not
collectable by our Hosting Services will be turned over to an outside agency for
collection. If your account is turned over for collection, you agree to pay to
our Hosting Services a “Processing and Collection” Fee of not less than Fifty
($100.00) Dollars nor more than One Hundred Fifty ($450.00) Dollars.
4. Delinquent Accounts.
Our Hosting Services may temporarily deny service or terminate this Agreement
upon failure of Customer to pay charges when due. Such termination or denial
will not relieve Customer of responsibility for the payment of all accrued
service fees, and any collection fees to which Our Hosting Services may be
entitled under this Agreement or under applicable law.
5. Account Cancellation.
Customers may voluntarily cancel their account at any time, for any reason or
for no reason.
Once a Customer has cancelled their account before the renewal date, no more
charges will be billed to the account. Cancellations on or after renewal will be
charged renewal fees.
Customer can terminate their account for any reason or for no reason. However,
Customer understands and agrees that Our Hosting Services does not provide
pro-rated or any other kinds of refunds on cancellations. All fees Customer has
paid shall be nonrefundable.
6. Refunds and Disputes.
IMPORTANT NOTICE: EXCEPT AS EXPLICITLY PROVIDED IN THIS SECTION 6, ALL PAYMENTS
TO HOSTING SERVICES ARE NONREFUNDABLE.
All payments to Our Hosting Services are nonrefundable. This includes any setup
fees Our Hosting fees regardless of usage. All billing disputes must be reported
within thirty (30) days of the time the dispute occurred. Disputed charges to
your credit card issuer, also known as chargebacks, which, in Our Hosting
Services sole discretion, are invalid under the terms and conditions of this
Agreement, will result in service interruption, and reconnection fees to restore
the desired service.
7. Customer agrees not to engage in any activity that violates any
international, foreign, federal, state, or local laws applicable to the service
terms described in this Agreement.
8. Our Hosting Services reserves the right to discontinue service to any
Customer it deems, in its sole discretion, violates any condition of service
including, but not limited to, the following:
9. Backups.
9.1. In order to allow us to provide the best service to you, Our Hosting
Service accounts are backed up monthly. However, these backups are intended for
Our Hosting administrative purposes only.
9.2. Even the best and most complete and redundant backup systems can and do
fail for a variety of reasons, despite the best efforts of the Web hosting
service. THEREFORE, OURHOSTING SERVICES DOES NOT GUARANTEE THE AVAILABILITY,
COMPLETENESS, CURRENCY, OR INTEGRITY OF THESE BACKUPS OR THE DATA THEY CONTAIN.
Consequently, you must not rely upon the availability, completeness, currency,
or integrity of these backups.
9.3. Customers are responsible for maintaining their own backups on their own
personal computers or other computers.
9.4. Our Hosting Services does not provide any sort of compensation for lost,
inaccurate, incomplete, or outdated data in the event that Our Hosting backups
do not function properly, regardless of the reason(s) for any such malfunction,
even if the malfunction was due to the fault or negligence of Our Hosting
Services or any of its employees or agents, and regardless of whether Our
Hosting Services had been informed of the possibility of such malfunction, or
any fault or negligence that might cause it.
9.5. In the event that you need to recover data from a backup, Our Hosting
Services will use reasonable efforts to restore data to your account from the
appropriate backup. HOWEVER, PLEASE NOTE THAT THIS SERVICE IS INTENDED TO
COMPLEMENT YOUR OWN BACKUPS TO YOUR OWN COMPUTER, AND IS NOT A SUBSTITUTE FOR
THOSE BACKUPS. AGAIN, OUR HOSTING SERVICES DOES NOT GUARANTEE THE AVAILABILITY,
COMPLETENESS, CURRENCY, OR INTEGRITY OF ITS BACKUPS.
9.6. You understand and agree that Our Hosting Services backup policy does not
create any warranties for whose breach Our Hosting Services can be held liable.
10. Customer agrees to defend, indemnify, and hold harmless Our Hosting
Services, and the parents, subsidiaries, successors, assigns, employees and
agents of Our Hosting Services against any losses, claims, damages, liabilities,
penalties, actions, proceedings or judgments (collectively, “Losses”) to which
an indemnified party may become subject and which Losses arise out of, or relate
to this Agreement or Customer’s use of the Services, and to reimburse an
indemnified party for all legal and other expenses, including reasonable
attorneys’ fees incurred by such indemnified party in connection with
investigating, defending, or settling any Loss whether or not in connection with
pending or threatened litigation in which such indemnified party is a party.
11. OUR HOSTING SERVICES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR
11.1. ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE OR
EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, OR
LOSS OF DATA RESULTING FROM THE USE OF OUR HOSTING SERVICES BY CUSTOMER OR ANY
THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, OR
11.2. ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR
SERVICE INTERRUPTIONS.
12. OUR HOSTING SERVICES PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT
WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. OUR HOSTING SERVICES DISCLAIMS
ALL WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS, AND DISCLAIMS ALL
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY
RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF THE SERVICES OUR HOSTING
SERVICES SHALL HAVE NO LIABILITY THEREFOR.
13. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR HOSTING SERVICES DISCLAIMS, ALL
WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH
REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE, THE SYSTEMS
WHICH PROVIDE IT, AND THE INTERNET, INCLUDING ALL WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.
14. OUR HOSTING SERVICES DOES NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS,
ACCURACY, OR USEFULNESS OF ANY INFORMATION DISCLOSED OR MATERIALS ACCESSED
THROUGH ITS SERVICES, ITS SYSTEMS, ITS NETWORKS, OR THE INTERNET.
15.No Waiver of Rights by Our Hosting Services.
Any failure by Our Hosting Services to enforce this Agreement in every instance
in which it might apply does not amount to a waiver of any of Our Hosting
Services rights.
16. Arbitration.
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTACT OR ANY
BREACH THEREOF IN EXCESS OF $50.00 SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE
WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION,
AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY
COURT OF COMPETENT JURISDICTION.
17. Notices.
17.1. From Our Hosting Services to Customer.
Our Hosting Services will notify you by e-mail of any notices that Hosting
Services is required to provide to you under this Agreement, at the most current
e-mail address you have provided to Our Hosting Services.
By entering this Agreement, you consent to receive notices by e-mail. You are
solely responsible for ensuring that Our Hosting Services has your most current
e-mail address, Our Hosting Services shall not be responsible for any lost,
misdirected, bounced, forwarded, or undeliverable e-mail that Hosting Services
sends to the most current e-mail address you have provided to Our Hosting
Services.
18. We do not guarantee 100% uptime of our Hosting servers
19. The customer agrees to accept the service level that we can provide and not
beyond it. We will provide the best level of service within our capability.
20. Entire Agreement.
This Agreement, including all of its component parts, comprises the entire
agreement between you (the Customer) Our Hosting Services, and supersedes any
prior or previous agreements between you and Our Hosting Services with respect
to the subject matter of this Agreement; provided, however, that you agree that
you shall be subject to any additional terms and conditions of which Hosting
Services notifies you from time to time, pursuant to this Agreement.
21. No Oral Modification of this Agreement.
This Agreement may not be modified orally.
22. Assignment.
22.1 Customer shall not assign or attempt to assign its obligations under this
Agreement without Our Hosting prior and express written consent to such
assignment.
22.2. Hosting Services may assign any or all of its rights and obligations under
this Agreement at any time without prior notice to or consent of Customer.
23. Consent to Jurisdiction; Venue.
Jurisdiction and venue for arbitration or litigation of any dispute,
controversy, or claim arising out of, in connection with, or in relation to this
Agreement, or the breach thereof shall be proper only in a venue determined Our
Hosting Services.
25. Force Majeure.
Our Hosting Services shall not be liable or deemed to be in default for any
delay or failure in performance under this Agreement or interruption of service
resulting directly or indirectly from acts of God, civil or military authority,
acts of public enemy, war, terrorism, riots, civil disturbances, insurrections,
accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor
disputes, shortages of suitable parts, materials, labor or transportation,
magnetic interference, interruptions of electrical power or other utility
service, unavailability of any telecommunications or wireless service or
connection to any telecommunications or wireless service, or any cause beyond
the reasonable control of Hosting Services.
26. Severability of Terms of this Agreement.
In the event that any portion of this Agreement is held to be unenforceable, the
unenforceable portion shall be construed in accordance with applicable law as
nearly as possible to reflect the original intentions of the parties hereto, and
the remainder of the provisions shall remain in full force and effect.
27. Limitation of Actions Arising Under this Agreement.
Any cause of action you may have with respect to Our Hosting performance or
alleged non-performance of this Agreement must be commenced within one (1) year
after the claim or cause of action arises or such claim or cause of action is
forever barred.
28. Denial of Service
Our Hosting Services reserves the right to refuse or discontinue service to
anyone at our sole discretion.
29. Abuse of Hosting Services Staff or Support Personnel.
29.1. At Hosting Services, we take pride in providing excellent service to all
of our customers. It is our policy always to treat our customers with the
highest level of respect and courtesy. In return, we expect the same respect and
courtesy from you.
29.2. If our staff feels that you are consistently engaging in abusive content
toward them, or addressing them in a demeaning or rude manner, your account(s)
may be suspended and you may be asked to take your business elsewhere. In the
event that we terminate service for abusive conduct, customers will be given
five (5) days’ notice. We will issue a refund only for the unused portion of
pre-paid service.
29.3. Abusive conduct includes, but is not limited to, the following behaviors:
• Repeatedly addressing members of our staff in a demeaning or rude manner;
• Using profanity in any oral or written communications with our staff, by any
medium of communication, including but not limited to e-mail, instant messages,
chat, text messaging, fax, postal mail, telephone, voice over Internet Protocol
(VoIP), or in-person communication;
• Yelling or shouting at our staff;
• Deliberately using all capital (uppercase) letters in any written
communication to our staff;
• Insulting our staff because of their personal characteristics, or on the basis
of their race, ethnicity, national origin, sex, sexual orientation, religion, or
housing or economic status; or
• Deliberately providing false information to our staff for the purpose of
harassing them or wasting their time.
30.
This agreement may change anytime and it is the customers responsibility to keep
up to date with the latest terms.
Acceptable Use Policy (AUP)
By submitting an online order form, or by using Our Hosting Services service,
Customer hereby agrees to the following Acceptable Use Policy (AUP). Customer
agrees that it shall comply with and require its end users to comply with this
AUP, Our Hosting Services Terms of Service (TOS), and Our Hosting Services No-Spam
Policy (NSP). In this document, the
word “Agreement,” with a capital “A,” refers to the TOS, the AUP, the NSP, and
the Privacy Policy collectively.
1. Introduction, Purpose, and General Terms.
1.1.
This Web site gives you the ability to learn about Our Hosting Services and its
products and services as well as the ability to access our network and services
(“Our Hosting Services”). By using this site, and any other sites or services
owned, operated, or provided by Our Hosting Services, you signify your agreement
to the terms, conditions and notices of this policy. “You” when used in the
Agreement shall mean the Our Hosting Services Customer of record and that Our
Hosting Services Customer’s end users.
1.2. This Acceptable Use Policy is used in conjunction with the terms of service
(TOS), the No-Spam Policy (NSP), and the Privacy Policy. Violating any of these
policies and agreements grants Our Hosting Services the authority to take action
to restrict or terminate your access to Our Hosting Services Services. Our
Hosting Services reserves the right, at its sole discretion, to update or revise
this policy, any other policy or statement on any Our Hosting Services Web site,
and any product offerings or programs described on any Our Hosting Services Web
site. Please check back periodically to review any changes to this policy.
1.3. This document sets forth the principles, guidelines and requirements of the
Acceptable Use Policy of Our Hosting Services (“Company”) governing the use by
the Customer (“Customer”) of the Company’s services and products (“Services and
Products”). The purpose of Our Hosting Services Acceptable Use Policy (the AUP”)
is to comply with all international, federal, state, and local laws and to
protect the network security, network availability, physical security, Customer
privacy, and other factors affecting the services provided by Our Hosting
Services. Our Hosting Services reserves the right to impose reasonable rules and
regulations regarding the use of its services provided to all Customers and such
rules and regulations are subject to change.
1.4. In order to maintain an informative and valuable service that meets the
needs of the users of this site and Our Hosting Services, the rules in this AUP
have been established to protect against abuse. The AUP is not an all-inclusive,
exhaustive list and Our Hosting Services reserves the right to revise, amend, or
modify the AUP at any time as needed, effective upon either the posting of the
revised, amended, or modified AUP to this webpage or notification to the
Customer via e-mail to the e-mail address of Customer as set forth in the
Service Descriptions.
1.5. Any violation of the AUP may result in the suspension or termination of
your account or such other action, as Our Hosting Services deems appropriate. No
credits will be issued for any interruption in service resulting from violations
of the AUP.
1.6. VIOLATION OF ANY SECTION OF THE AUP IS STRICTLY PROHIBITED AND MAY RESULT
IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM Our
Hosting Services.
2. General Prohibitions.
2.1. You may not use this site or Our Hosting Services for any purpose that is
unlawful or in any manner that could damage, disable, overburden or impair the
operation of this site, the Our Hosting Services Network, or Our Hosting
Services, or any other party’s use or enjoyment of this site, the Our Hosting
Services Network, or Our Hosting Services.
2.2. Adult Content Prohibited.
2.2.1. Adult-oriented sites demand special system, network, and bandwidth
requirements. Our Hosting Services does not accommodate those extraordinarily
large requirements in its standard shared, e-commerce, reseller, and
semi-dedicated hosting plans. Therefore you may not use Our Hosting Services
services for adult-oriented and pornography sites. This includes sites that may
include sexual content, or links to adult content elsewhere.
2.2.2. Where allowed by applicable law, Our Hosting Services does not prohibit
you from posting a static Web page that meets all of the following criteria:
•
the page merely advertises an adult service and provides information about how
to contact the service offline, i.e., by telephone, facsimile, or postal mail
and not via a link from a Web site that uses Our Hosting Services services;
•
the page does not display any sexually explicit content and does not link to any
Web page or site displaying any sexually explicit content; and
•
the page does not require a user to log in with a username or password to access
any of the Web site’s content.
2.2.3. In some jurisdictions, even the notice and advertisement of
adult-oriented services may be illegal. It is your sole responsibility to learn
the laws that govern what you are and are not allowed to post on your Web site.
As part of your agreement with Our Hosting Services, you must comply with all
such applicable laws.
However, Our Hosting Services cannot and does not advise you or make any
recommendations to you about the existence of any such laws in a particular
jurisdiction. Nor does Our Hosting Services advise you about how to comply with
any such laws. Furthermore, laws vary throughout the United States of America
and all over the world, so you should contact your legal advisor for more
information and specific recommendations concerning the kinds of online
materials that are legal in your region.
2.2.4. If you use Our Hosting Services service to publish any content that any
applicable law deems “harmful,” “inappropriate,” or “unsuitable” for minors
(persons under 18 years of age), then you must provide appropriate protection to
prevent minors from accessing that content. Such protection is your sole
responsibility because Our Hosting Services does not censor the content of your
Web sites and pages.
2.2.5. If you have a reseller account with Our Hosting Services, you may not
resell our hosting services to any clients or customers that sell adult content.
2.2.6. You may not use Our Hosting Services to sell or solicit sales for any of
the following items, products or services because they are or may be illegal in
one or more jurisdictions where Our Hosting Services are offered, or where they
can be viewed through Our Hosting Services services:
•
Online pornography or adult content for which a viewer must subscribe to access
it,
•
Adult content-related products or services (including X-rated videos, pictures,
etc. especially of individuals under 18 years of age), and
•
Obscene materials, as defined by law.
If we find any of your sites (or any of the sites of your customers, if you have
a reseller account) to be selling any of the prohibited products or services,
the offending accounts shall be subject to immediate account termination.
3. Compliance with Law.
Customer shall not use Our Hosting Services Service or any other service or
network to post, upload, transmit, retransmit, store, distribute or facilitate
the distribution of any content, including without limitation text,
communications, software, images, sounds, data, or other information that, in
Our Hosting Services sole discretion:
3.1. violates, attempts to violate, or helps any third party to violate any
local, state, federal, international, or non-United States law, ordinance, or
regulation,
3.2. is threatening, obscene, indecent, pornographic, abusive, harassing,
libelous, defamatory, deceptive, fraudulent, invasive of another’s privacy,
tortious, inaccurate, or that otherwise could adversely affect any individual,
group or entity (collectively, “Persons”),
3.3. threatens or encourages bodily harm or destruction of property,
3.4. harms any person,
3.5. victimizes, harasses, degrades, or intimidates an individual or group of
individuals on the basis of religion, sex, sexual orientation, race, ethnicity,
national origin, immigration status, age, disability, or any other reason,
3.6. is posted in violation of a newsgroup charter,
3.7. contains viruses, corrupted files, or any other similar software or
programs that may damage the operation of another’s computer,
3.8. violates any terms or conditions of any other network access provider or
Internet service provider,
3.9. violates the rights of any person, including rights protected by copyright,
trade secret, patent or other intellectual property or similar laws or
regulations including, but not limited to, the installation or distribution of
“pirated” information content or data or other software products that are not
appropriately licensed for use by Customer. Customer shall be responsible for
determining what laws or regulations are applicable to its use of the Services
and Products,
3.10. adds, removes, or modifies identifying network header information in an
effort to deceive or mislead any person. Additionally, attempting to impersonate
any person by using forged headers or other identifying information is
prohibited. However, the use of anonymous remailers or nicknames does not by
itself constitute impersonation, unless such use is made with the intent to
deceive, defraud, or mislead any person or to violate any applicable laws or
regulations,
3.11. collects, attempts to collect, or helps any third party to collect
personal information about third parties without their knowledge or consent or
in a manner that violates applicable laws concerning privacy,
3.12. has a negative effect on Our Hosting Services or its network (including,
without limitation, overloading servers on the Our Hosting Services Network;
causing portions of the Our Hosting Services Network to be blocked by other
network providers; generating unresolved third party complaints or complaints
which, in the discretion of Our Hosting Services, impose an unreasonable
administrative burden on Our Hosting Services; etc.), or
3.13 violates the prohibition on terrorist content and activities described
below.
Terrorist Content Prohibited.
3.13.1. The United States Homeland Security Act of 2002 defines “terrorism” as
“any activity that—
(A) involves an act that—
(i) is dangerous to human life or potentially destructive of critical
infrastructure or key resources; and
(ii) is a violation of the criminal laws of the United States or of any State or
other subdivision of the United States ; and
(B) appears to be intended—
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by intimidation or coercion; or
(iii) to affect the conduct of a government by mass destruction, assassination,
or kidnapping.”
3.13.2. You may not use Our Hosting Services services to do
any of the following acts by any means:
3.13.2.1. engage in terrorism,
3.13.2.2. solicit any other individual or organization to engage in terrorism,
3.13.2.3. conspire with any other individual or organization to engage in
terrorism,
3.13.2.4. help any other individual or organization to engage in terrorism, or
3.13.2.5. knowingly engage in commerce with any of the following individuals or
organizations
3.13.2.5.1. those persons listed in the Annex to the Executive Order No. 13225
of President George W. Bush (September 25, 2001) (referred to in this AUP as
“the Executive Order”), as it may be amended from time to time, a copy of which
is available online at the following Web page:
http://www.ustreas.gov/offices/enforcement/ofac/legal/eo/13224.pdf
3.13.2.5.2. foreign persons that the Secretary of State of the United States of
America has determined have committed or pose a significant risk of committing
acts of terrorism against the United States or its people;
3.13.2.5.3. businesses and organizations that the Secretary of State of the
United States of America has determined are owned, controlled by, or acting on
behalf of terrorists or persons suspected of terrorism; and
3.13.2.5.4. persons whom the Secretary of the Treasury of the United States of
America , in consultation with the Secretary of State and the Attorney General
of the United States of America , has determined are:
3.13.2.5.4.1. helping terrorists or suspected terrorists by giving them money,
material, or technology; or
3.13.2.5.4.2. associated otherwise with terrorists or suspected terrorists.
3.13 .2.5.5. transactions that avoid or attempt to avoid the prohibitions of the
Executive Order; and
3.13 .2.5.6. conspiracies to violate the Executive Order;
3.13.2.6. knowingly engage in transactions or dealings in money, goods, or
services with terrorists, suspected terrorists, or terrorist organizations; or
3.13.2.7. make donations to terrorists and suspected terrorists.
3.13.3. While Our Hosting Services is not giving you legal advice or a
consulting recommendation about how to comply with this no-terrorism policy or
with the applicable laws that prohibit terrorism in the United States of America
or in other countries, you may find the following general strategies helpful in
complying with these requirements.
3.13.3.1. Verify the identity of any person who wants to buy goods, services, or
information through your Web site. This includes, but is not limited to, the
resale of hosting services if you have a reseller account with Our Hosting
Services.
3.13.3.2. Check the names of any persons or organizations attempting to buy from
your Web site against the Annex in the Executive Order.
3.13.3.3. Work with the company that provides transaction payment and
fraud-prevention services for your e-commerce Web sites. The provider may be
able to automate the identity checking for you.
4. System and Network Security.
Violations of system or network security are strictly prohibited, and may result
in criminal and civil liability as well as termination of services from Our
Hosting Services. Our Hosting Services investigates all incidents involving such
violations and will cooperate with law enforcement if a violation of the
criminal law is suspected.
You are responsible for any misuse of your account, even if a friend, family
member, guest, agent, or employee committed the inappropriate activity while
using your account. Therefore, you must take steps to ensure that others do not
gain unauthorized access to your account. In addition, you may not use your
account to breach the security of another Our Hosting Services account or
attempt to gain unauthorized access to another network or server.
Examples of system or network security violations include, without limitation,
the following:
4.1. Introduction into the network or server of any malicious program (examples:
viruses, worms, Trojan Horses, logic bombs, and other executables intended to
inflict harm).
4.2. Introduction into the network or server of any self-extracting file or
program containing any malicious program as specified in Section 4.1 of this
AUP.
4.3. Introduction into the network or server of any data, parameter,
configuration, template, or control files for software applications that contain
destructive macros or other malicious code.
4.4. Introduction into the network or server of any encrypted or compressed file
or archive such as .zip or .gz files that contains any malicious program as
specified in paragraphs 4.1 through 4.3 of this AUP.
4.5. Effecting security breaches or disruptions of Internet communication and/or
connectivity. Security breaches include, but are not limited to, accessing data
of which the Customer is not an intended recipient, logging into a server or
account that the Customer is not expressly authorized to access, or exceeding
the access to a server or account that has been granted to the Customer. For
purposes of this section, “disruption” includes, but is not limited to port
scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged
routing information.
4.6. Executing any form of network activity that will intercept data not
intended for the Customer.
4.7. Circumventing user authentication or security of any host, network or
account.
4.8. Interfering with or denying service to any user other than users of the
Customer’s host (examples: denial of service attack or distributed denial of
service attack).
4.9. Using any program script/command, or sending messages of any kind such as a
punter, designed to interfere with or to disable, a user’s terminal session, via
any means, locally or via the Internet.
4.10. Attempting to use or gain unauthorized access to data, accounts, hosts,
servers, systems or networks of this site, or to probe, scan or test the
vulnerability of a system or network of this site, any Our Hosting Services or
those of any other party.
4.11. Interfering with service to any user, host or network including, without
limitation, mail-bombing, flooding, or attempting to overload the system.
4.12. Forging any TCP-IP packet header or any part of the header information in
an e-mail or a newsgroup posting.
4.13 Falsifying address information or otherwise modifying e-mail headers to
conceal the sender’s or the recipient’s identity.
5. Internet Etiquette.
The Customer agrees to observe and abide by reasonable Internet etiquette
(Netiquette). The Customer shall comply with the rules appropriate to any
network to which Our Hosting Services may provide access. The Customer should
not post, transmit, or permit Internet access to information the Customer
desires to keep confidential. The Customer shall not post any material that is
illegal, is libelous, is otherwise tortious, indecently depicts children, or is
likely to result in retaliation against Our Hosting Services by offended users.
Our Hosting Services reserves the right to refuse or terminate service at any
time for violation of this section. This includes, but is not limited to,
advertising services or sites via Internet Relay Chat (IRC) or USENET in clear
violation of the policies of the IRC channel or USENET group.
6. Child Pornography.
Our Hosting Services will cooperate fully with any criminal investigation into a
Customer’s violation of the Child Protection Act of 1984 concerning child
pornography, or any other applicable international, federal, state, or local law
that prohibits child pornography. Customers are ultimately responsible for the
actions of their clients over Our Hosting Services network, and shall be liable
for illegal material posted by their clients.
According to the Child Protection Act, child pornography includes photographs,
films, video, or any other type of visual presentation that shows a person who
is or is depicted as being under the age of eighteen years and is engaged in or
is depicted as engaged in explicit sexual activity, or the dominant
characteristic of which is the depiction, for a sexual purpose, of a sexual
organ or the anal region of a person under the age of eighteen years or any
written material or visual representation that advocates or counsels sexual
activity with a person under the age of eighteen years.
Violations of the Child Protection Act may be reported to the U.S. Customs
Agency at 1-800-BEALERT
7. Our Hosting Services No-Spam Policy (NSP).
7.1. Customer shall comply with all the terms and conditions of Our Hosting
Services No-Spam Policy (NSP) as described in this Section 7. Violation of the
NSP shall be deemed a violation of this AUP and of the Customer’s Agreement with
Our Hosting Services.
7.2. At Our Hosting Services, we are committed to providing valuable hosting
services to our valued customers.
7.3. An important part of Our Hosting Services mission is to be a respected and
responsible member of the business and Internet communities. We take seriously
our role in protecting our customers and the general public from nuisances such
as “spam.” This section describes our NO-SPAM Policy. Please read it carefully,
because it contains important information and because it is a material part of
your Agreement with Our Hosting Services.
7.4. To report any spam you receive that identifies itself as coming from the
hostingzoom.com servers or claims to be related to Our Hosting Services in any
way, please send an e-mail message to us at cs@hostingzoom.com. In your message
to us, please include a complete and accurate copy of the message that you
consider to be spam, along with full message headers and routing information for
e-mail, a message board provided by a Web site or an online service, Usenet,
interactive chat message, or instant message service, as the case may be.
7.5. Definition of Spam.
Unsolicited commercial e-mail and electronic messages are colloquially referred
to as “spam.” Other common names for spam include “spam e-mail,” “junk e-mail,”
“bulk e-mail,” “direct e-mail,” and “mass e-mail.” Spam is the electronic
equivalent of the direct mail you receive in your postal mailbox frequently. In
its most general terms, and as used in this NO-SPAM Policy (the “Policy”), spam
is:
• a commercial e-mail message or other electronic message, including, but not
limited to, messages that are:
• posted to an electronic mailing list (other than an “opt-in” e-mail list as
described below),
• posted on an online bulletin board system or Web-based message board system or
“guest book”,
• posted to a Usenet newsgroup,
• posted to the common area of an online community, group, or club,
• posted in a chat room,
• posted in a message board of a commercial online service (such as America
Online),
• posted to a Weblog (“blog”),
• sent via an instant message system (such as ICQ, Yahoo! Pager, Yahoo! Instant
Messenger, or AOL Instant Messenger),
• sent through e-mail or another Internet means of communication when the
message’s ultimate destination is a facsimile (“fax”) machine, cellular or
wireless telephone, or wireless device,
• a commercial e-mail message or other electronic message that is addressed to
one or more recipients with whom you do not have an preexisting business or
personal relationship,
• a commercial e-mail message or other electronic message that is sent to a
mailing list of addresses that you purchased or that were otherwise distributed,
or any list of e-mail addresses whose owners did not sign up for your specific
mailing list, including without limitation lists commonly known as “affiliate
lists,”
• a commercial e-mail message or other electronic message that is not sent at
the request of, or with the express consent of, the recipient(s),
• a commercial e-mail message or other electronic message that is sent to a
recipient who has opted out of receiving further commercial electronic messages
from you, or
• a commercial e-mail message or other electronic message that contains forged
headers, compromised mail server relays, or false contact information.
For purposes of this Policy, spam also includes any e-mail or other electronic
message that is sent in violation of any applicable Federal, state, or local law
regulating unsolicited commercial e-mail, unsolicited fax transmissions, or any
other type of unsolicited commercial electronic message, regardless of whether
that message fits the definition of “spam” provided above.
7.6. “Opt-in” E-mail Lists.
Please note: messages sent to “opt-in” e-mail lists are not spam, for purposes
of this Policy, provided that those messages meet all of the following criteria:
• the messages are sent to an “opt-in” e-mail list in which ALL subscribers have
VOLUNTARILY agreed to receive announcements and advertisements about products
and services;
• the messages STRICTLY COMPLY with ALL the requirements and regulations of the
“opt-in” e-mail list; and
• upon request of any subscriber to the “opt-in” e-mail list, you immediately
stop sending that subscriber any e-mail regarding your products and services.
If you choose to use an “opt-in” e-mail list, please be aware that Our Hosting
Services will consider ANY violation of the requirements or regulations of such
any third party provider of software or services for such a list to be a
violation of this NO SPAM Policy.
Furthermore, Our Hosting Services reserves the right to prohibit “opt-in” e-mail
lists in the future if such a prohibition is reasonably necessary to keep its
hosting service operating efficiently for all users.
7.7. Zero Tolerance for Spam.
Our Hosting Services will not tolerate any spamming by any of its Customers.
This prohibition of spam extends to the sending of unsolicited mass mailings
from another service, which in any way implicates the use of Our Hosting
Services whether or not the message actually originated from our network.
Violation of this NO-SPAM policy will result in Our Hosting Services taking one
or more of the following actions:
A warning via e-mail or telephone,
Suspension of your site until further notice,
Removal of DNS for the advertised/originating site, or
Temporarily blocking outgoing mail from your site.
Repeated violation of this NO-SPAM policy will result in immediate disconnection
of service with no re-activation.
Our Hosting Services reserves the right to take all legal and technical steps
available to prevent unsolicited bulk e-mail or other unauthorized e-mail from
being sent from or transmitted through the Our Hosting Services Network.
PLEASE NOTE: The transmission of spam, including the transmission of counterfeit
e-mail, may result in civil and criminal penalties against the sender, under
various federal, state, and local laws and regulations, including the federal
CAN-SPAM Act of 2003.
7.8 Indemnification of Our Hosting Services.
You agree to defend, hold harmless, and indemnify Our Hosting Services from any
harm or damages whatsoever resulting directly or indirectly from your engaging
in any spamming practices or from your violation of any of the terms of this NO
SPAM Policy.
7.9 Mailing Limits
You may not send more than 300 emails per hour. Any emails sent over this limit
will be discarded.
8. Resource Usage.
You agree to not use excessive amounts of resources. Any violations may result
in us taking corrective action in order maintain server stability by killing any
processes, disabling and/or suspending your account.
8.1 Shared hosting accounts may not use more than 3% CPU or 3% memory over a 24
hour period, run more than 15 simultaneous processes or allow any process to run
for longer than 30 CPU seconds. Databases are limited to 24 max user
connections.
Semi dedicated hosting accounts may not use more than 6% CPU daily, run more
than 30 simultaneous processes or allow any process to run for longer than 60
CPU seconds. Databases are limited to 30 max user connections.
9. No Editing, Censoring, or Control of Communications; Reservation of Rights.
Your participation in online communication or use of any Our Hosting Services
service is not edited, censored, or otherwise controlled by Our Hosting
Services. However, Our Hosting Services reserves the right to monitor content on
this site and on any Our Hosting Services servers, networks, or systems and to
remove content, disable sites, or suspend or terminate services if Our Hosting
Services, in its sole discretion, determines such content or user practices are
harmful, offensive, or otherwise in violation of this Acceptable Use Policy.
10. Export Control Laws.
Exporting encryption software over the Internet from the United States of
America to countries other than the United States of America and Canada violates
United States law, unless you have a license to do so from the Bureau of
Industry and Security in the United States Department of Commerce. You are
solely responsible for determining whether any of your software or other
information contains encryption software and whether you require a license to
export your software or information. You are also solely responsible for
complying with all applicable laws governing the export of encryption products.
For additional information, you may wish to visit the Bureau of Industry and
Security’s Web site at: http://www.bis.doc.gov/Encryption/
11. International Use.
Our Hosting Services makes no representation that materials available on this
site or any or through any Our Hosting Services service are appropriate or
available for use in locations outside the United States, and accessing them or
using them from territories where their contents are illegal is prohibited.
Customers and their users who access this site or any site hosted by Our Hosting
Services from locations outside the United States of America are solely
responsible for compliance with all applicable local laws and regulations.
Moreover, to the extent allowed by law, Customers agree to defend, indemnify,
and hold harmless Our Hosting Services, its parents, subsidiaries, partners,
joint venturers, employees and agents, and all their respective heirs,
successors, and assigns for any acts of Customer or Customer’s users that may
violate any applicable law.
12. Intellectual Property Rights.
12.1. All Our Hosting Services Web site design, text, graphics and the selection
and arrangement thereof are the copyrighted work of Our Hosting Services, Inc.,
© 2004. All rights reserved. If any page, information, or content is copied, it
may only be copied for non-commercial uses that are explicitly allowed under the
Customer’s Agreement with Our Hosting Services or by law, and Our Hosting
Services shall, in any event, retain all copyright and other proprietary
interests in said page, information, or content.
12.2. You acknowledge and agree that copyrights, trademarks, service marks,
patents, trade secrets, and other proprietary rights and laws protect all
content and materials available on this site or through any Our Hosting Services
service. Nothing on any Our Hosting Services Web site shall be interpreted or
implied in such a way as conferring any license or right to any intellectual
property rights or license to any intellectual property, content, technology,
system, process, or related material belonging to Our Hosting Services by virtue
of it being displayed or made accessible on any Our Hosting Services Web site.
Except as expressly authorized, you agree not to use this site or any Our
Hosting Services in any manner that would infringe, violate, dilute or
misappropriate any such rights, with respect to any material, which you may
access, receive or make available through this site or any Our Hosting Services.
12.3. If you use a domain name or content in connection with the Our Hosting
Services Web hosting, or any other Web hosting service, you agree not to use
that domain name or content in any way which violates any trademark, service
mark, or similar rights of any third party. Specifically, and without
limitation, you agree that you will not engage in, attempt to engage in, or
conspire with others or solicit others to engage in any cybersquatting or domain
name hijacking,
12.4 Our Hosting Services data center infrastructure including all hardware,
software, and telecommunications facilities located in its data center may only
be used for lawful purposes. Transmission, distribution, or storage of any
information, data or material in violation of any United States or state
regulation or law or the common law, or any applicable foreign or international
law is prohibited. This includes, but is not limited to, material protected by
copyright, trademark, patent, trade secret, or other intellectual property
rights.
12.5. Creating, utilizing, or distributing unauthorized copies of software or
other information content is a violation of international, federal, and state
law. If you copy, distribute, or install software or other information content
in ways that the license to use that content does not allow, you are violating
federal copyright law and international copyright law. Our Hosting Services will
cooperate with all law enforcement agencies in relation to alleged copyright
infringement based on content housed in our data centers.
12.6. Please see Copyright Infringement Reporting on the Our Hosting Services
Web site for procedures on disclosing alleged copyright infringement.
13. Customer’s Grant of Limited License to Our Hosting Services; Warranties on
Content.
By posting or submitting content to any Our Hosting Services Web site or server,
you:
13.1. Grant Our Hosting Services a limited license to transmit, copy, store,
back up, and retrieve the content, solely for the purpose of providing you with
the services you are purchasing under your Agreement with Our Hosting Services;
13.2. Acknowledge that you are placing data on servers, networks, and systems
that reside physically in the United States. Such servers, networks, and systems
are governed by United States law and not by the laws of other jurisdiction. As
such, your rights to privacy are governed by United States law and the Our
Hosting Services privacy policy. By ordering or using Our Hosting Services, you
explicitly consent to this provision regarding privacy.
WHILE Our Hosting Services WILL MAKE REASONABLE EFFORTS TO PROTECT THE PRIVACY
OF YOUR INFORMATION AND TO COMPLY WITH UNITED STATES LAW, PLEASE BE ADVISED THAT
YOUR PRIVACY RIGHTS AVAILABLE UNDER UNITED STATES LAW AND THE Our Hosting
Services PRIVACY POLICY MAY BE LESS THAN THOSE GUARANTEED BY THE LAWS OF THE
COUNTRY WHERE YOU RESIDE.
13.3. Warrant and represent that you own or otherwise control all of the rights
to the content and that public posting and use of your content by Our Hosting
Services does not and will not infringe or violate the rights of any third
party; and
13.4. Agree to defend, hold harmless, and indemnify Our Hosting Services for any
claims of any third party resulting from the public posting or use of your
content.
14. IP Allocation.
Our Hosting Services administers an Internet network on which multiple Customer
servers reside. Customers shall NOT use Internet protocol (IP) addresses that
were not assigned to them by Our Hosting Services staff or network
administrators.
15. Restrictions on Use of Our Hosting Services.
15.1 You may not operate Internet Relay Chat (“IRC”) servers using Our Hosting
Services services.
15.2. You may not run any IRC robot on any IRC server that might interfere with
the Services or otherwise violate this AUP. When logged into any IRC server, you
must comply with the rules and policies established by that IRC’s service
administrator.
15.3. You must not use any programs that may or will interfere with another’s
use of this site or any of Our Hosting Services.
15.4. You may not run any background processes on the Our Hosting Services
servers, networks, or systems without prior written authorization from Our
Hosting Services.
15.5. You may not use any Our Hosting Services services to send
denial-of-service (DOS) attacks to any computer or network, or to “flood” any
computer or network.
15.6. You may not host any type of HYIP, autosurf, proxy, or bit torrent on Our
Hosting Services servers.
15.7. You may not use any Our Hosting Services to make available to third
parties for any use other than normal access to that account's Web site.
15.8. You may not use our service to offer any free services including but not
limited to free hosting, free email service, free blogging service, free home
pages, free image hosting.
15.9. You may not use our service to host software download websites or the
serving of file downloads. Any websites with bandwidth usage or disk usage
consisting mainly of downloads will be suspended.
15.10. You may not use our service as an offsite file storage server. Any use of
Our Hosting Services services is strictly intended for that account's web site
only.
15.11. Our Hosting Services reserves the right to add further restrictions to
Customers’use of the Our Hosting Services Services if such further restrictions
are reasonably necessary to keep its hosting service operating efficiently for
all users.
16. Suspension and Cancellation.
Our Hosting Services reserves the right to suspend service to any Customer or
who is using our network or services for violation of the AUP, the NSP, the
Privacy Policy, or the TOS. Our Hosting Services will use reasonable care in
notifying the Customer and in resolving the problem in a method resulting in the
least amount of service interference as reasonably possible. Our Hosting
Services reserves the right to terminate service without notice for continued
and repeated violations of the AUP, the NSP, the Privacy Policy, or the TOS.
17. Notices Regarding Violations of AUP and Intellectual Property Rights.
17.1. The Our Hosting Services Agreement and all its components prohibit acts of
copyright and trademark infringement and other unlawful behavior by Our Hosting
Services Customers. Our Hosting Services takes Customer violations seriously and
will investigate complaints and, where appropriate, may remove content, disable
sites, suspend or terminate services, or take other action as necessary.
18. Miscellaneous.
All monetary amounts to which this Agreement refers shall be in United States
dollars.
19. Revisions.
Our Hosting Services may revise this document. Such changes will be posted here.
You are responsible for reviewing the changes and to stay update of any changes.
XX. Revisions.
Our Hosting Services may revise this document. Such changes will be posted here.
You are responsible for reviewing the changes and to stay update of any changes.
end