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Web
Hosting Acceptable Use Policy
Restricted
Content
Client
is expected to use the Internet with respect, courtesy, and responsibility,
giving due regard to the rights of other Internet users. Client is
expected to use his/her account for the purposes of maintaining a
website only. Common sense is the best guide as to what is considered
acceptable use.
HOSTHANGER.COM forbids websites with adult graphic content (softcore
and/or hardcore), including, but not limited to, banners advertising
any adult website(s), child pornography, and distribution of adult
website passwords. Clients whose accounts are found in violation of
this policy may, at the discretion of HOSTHANGER.COM, have their account(s)
terminated without notice and are subject to a maximum clean-up/disconnect
fee.
Clients whose website promotes activities that violate federal, state,
local laws and/or violation of U.S. export restrictions are also not
welcome at HOSTHANGER.COM. This includes "warez" sites (freely
distributing copyright programs), or sites promoting hacking and/or
cracking programs. Furthermore, HOSTHANGER.COM prohibits websites
which primarily promote PokÈmon, professional wrestling (WWF,WCW),
photo archives, software distribution, and gaming (RGP). Websites
of this nature are considered non-professional and are not welcome.
Clients whose accounts are found in violation of this policy may,
at the discretion of HOSTHANGER.COM, have their account(s) terminated
without notice and are subject to a maximum clean-up/disconnection
fee. Additionally, HOSTHANGER.COM may contact the Software Piracy
Association ("SPA") and release any information in connection
with any illegal activities relating to software piracy on the Client's
account.
Sites whose primary purpose is for file distribution of non-web ready
(such as .zip, .tar, .rar, .exe, .mp3) or mirroring of a site are
strictly prohibited.
IRC Bots, or any other automaton programs written in C, Perl or IRC-script
used specifically in conjunction with IRC are not allowed. These programs
tie up system resources and are in no way related to maintaining a
website. Clients are not allowed to have any programs, including but
not limited to, Eggdrop, or any other IRC-related programs, within
their account. Client agrees not to upload the tar file for any of
these programs or to execute them within their account. The first
violation of this policy will result in the IRC-related program to
be removed from the Client's account and HOSTHANGER.COM will notify
the Client immediately of the violation. The second violation of this
policy may, at the discretion of HOSTHANGER.COM, result in the Client's
account(s) being terminated without notice and a maximum clean-up/disconnect
fee.
Simply put, we ask that you use your account for the purposes of hosting
a professional, non-adult oriented, legal website.
E-mail/Spam Policy
Spamming is the sending of unsolicited e-mail, regardless of size
or volume, to unknown persons or to people without their prior consent.
Using fictitious e-mail addresses @hosthanger.com or any domain name
hosted with HOSTHANGER.COM is strictly forbidden. Spamming also includes
sending unsolicited advertisements to numerous e-mail addresses or
newsgroups and/or generating a significantly higher volume of outgoing
email than a normal user. A violation of this policy extends to clients
who send unsolicited e-mail from a domain name not affiliated or hosted
with HOSTHANGER.COM but the mail message makes mention of a website
hosted with HOSTHANGER.COM.
HOSTHANGER.COM
allows clients to send mailings to subscribers of their own mailing
list. Such mailings must have explicit instructions to the recipient
on how to remove his/her name from the list, and all requests to do
so must be honored immediately. Client agrees not to send mailings
to lists provided by an outside agency or individual. Client further
agrees not to provide mailing list services to others. Due to the
nature of a shared-server environment, HOSTHANGER.COM requests that
mailing lists be sent during non-peak hours, specifically between
the hours of 1:00 am and 5:00 am, Central Time. HOSTHANGER.COM reserves
the right to terminate a client's mailing program, whether provided
by HOSTHANGER.COM or not, immediately and without notification to
client if said list causes a problem with the e-mail services of other
clients. HOSTHANGER.COM also reserves the right to forbid a client
from utilizing any mail-sending program that jeopardizes the mail
services of other clients.
We do not allow clients to send more than 500 pieces of e-mail per
day. If you do send more than 500 pieces of e-mail per day, your account
will be placed on hold for Network Abuse.
Providing spamware or spam-related programs is strictly prohibited.
Additionally, clients may not have e-mail lists available for download
on the site.
Due to the consumption of system resources and overloading of the
e-mail server, HOSTHANGER.COM forbids the use of the Gossamer Links
program by any client.
Trolling, the posting of outrageous messages to generate numerous
responses, is also not allowed. Mailbombing, the sending of multiple
messages without significant new content to the same user and/or subscribing
someone else to a mailing list without that person's permission, cross-posting
articles to an excessive number of newsgroups, or attempting without
authorization to enter into a secured computer system is strictly
forbidden. HOSTHANGER.COM reserves the right to determine what constitutes
abuse of this policy. Clients whose accounts are found in violation
of this policy may, at the discretion of HOSTHANGER.COM, have their
account(s) terminated without notice and are subject to a maximum
$500 clean-up/disconnection fee. Sites closed for violations of this
policy will not be reinstated under any circumstance.
Copyrighted
Material
It is
the responsibility of the client to ensure that all information within
their account is their own work. Due to distribution rights of shareware
programs, clients may not distribute freeware software programs unless
the programs are their own work. Copyrighted materials include art,
music and other works. MP3 is a popular file format for encoding music.
While we do not ban MP3s, we do ask that any MP3s you have on your
website are not in violation of any copyrights. Copyrighted music,
in any format, cannot be placed within client's account. Clients agree
to indemnify HOSTHANGER.COM of any possible litigation involving trademark
or copyrighted materials.
Client agrees not to modify any copyright notices in features (Perl
programs, etc.) provided by HOSTHANGER.COM. Modification of scripts
provided by HOSTHANGER.COM without written permission is strictly
prohibited.
Excessive Usage
Client agrees to take all responsibility for all programs including
CGI scripts executed under their account. Programs that consume an
excessive amount of CPU run time or Random Access Memory (RAM) are
not permitted. Client agrees and understands that such excessive use
can have an adverse effect on the performance of the web server. Client
agrees to accept responsibility for programs executed under his/her
account, regardless of who authored the program. The use of cgi or
html chat scripts or pages is strictly prohibited. HOSTHANGER.COM
reserves the right to suspend accounts without notice to clients who
violate these terms. HOSTHANGER.COM has sole discretion over what
constitutes excessive usage.
Programs provided by HOSTHANGER.COM as an installable feature are
not exempt from this policy. While every effort is made on HOSTHANGER.COM's
end to ensure the program it provides are efficient, problems with
excessive usage on particular programs may occur.
Note: HOSTHANGER.COM
may, at any time, revise the Acceptable Uses Policy with 10 days advanced
notice given to clients. Renewal of a virtual server service term
with HOSTHANGER.COM constitutes acceptance to all modifications to
the Acceptable Uses Policy. Any revisions to the Acceptable Uses Policy
will be in effect upon renewal of a virtual server service term with
HOSTHANGER.COM. Client understands that the Acceptable Uses Policy
is only a portion of our service agreement.
Web Hosting Contract
The following agreement is between
HOSTHANGER.COM, (here forth known as "HOSTHANGER.COM"),
and you (here forth know as "CLIENT").
WHEREAS, HOSTHANGER.COM is an Internet presence provider connected
to the Internet. HOSTHANGER.COM offers data storage and transfer services
over the Internet through access to its equipment;
WHEREAS, Client seeks to utilize HOSTHANGER.COM equipment and software
for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned
nor controlled by any one entity; therefore, HOSTHANGER.COM can make
no guarantee that any given person on-line shall be able to access
any one of HOSTHANGER.COM's web servers at any given time. HOSTHANGER.COM
represents that it shall make a good faith effort to ensure that its
equipment is available as widely as possible and with as little service
interruption as possible;
NOW THEREFORE, in consideration of the mutual promises contained herein,
the parties agree as follows;
I. Age of Majority:
HOSTHANGER.COM cannot accept agreements and payments from persons
under the age of 18 years. Therefore, HOSTHANGER.COM requires that
its agreements be made with a person who is qualified to contract.
As such, the CLIENT must be over the age of 18 years. Otherwise, a
parent or guardian must accept this agreement and ensure the proper
payment.
II. Financial Arrangements:
1. Client agrees to a minimum twelve (12) month contract, beginning
upon HOSTHANGER.COM's receipt by fax, postal mail or e-mail of client's
order.
2. If the Client chooses a BASIC twelve (12) month standard plan,
then twelve months of hosting service at 25.00 per month; plus a one-time
setup fee of 70.00 is due upon initial order; this 12 month fee totals
370.00.
3. If the Client chooses a STANDARD twelve (12) month standard plan,
then twelve months of hosting service at 30.00 per month; plus a one-time
setup fee of 70.00 is due upon initial order; this 12 month fee totals
430.00.
4. If the Client chooses a EXTRA twelve (12) month standard plan,
then twelve months of hosting service at 40.00 per month; plus a one-time
setup fee of 70.00 is due upon initial order; this 12 month fee totals
550.00.
5. If the Client chooses a CUSTOM twelve (12) month standard plan,
then twelve months of hosting service at ________ per month; plus
a one-time setup fee of 70.00 is due upon initial order; this 12 month
fee totals ___________.
6. This agreement will automatically renew for the same successive
period(s) specified by the client on the initial order. This agreement
will renew every 12 months unless canceled in writing at least 15
days prior to the renewal date. Renewal of services by Client indicates
agreement to Contract revisions.
III. Taxes:
HOSTHANGER.COM shall not be liable for any taxes or other fees to
be paid in accordance with or related to purchases made from Client
or HOSTHANGER.COM's equipment. Client agrees to take full responsibility
for all taxes and fees of any nature associated with such products
sold.
III. Material and Products:
Client will provide HOSTHANGER.COM with material and data in a condition
that is "server-ready", which is in a form requiring no
additional manipulation on the part of HOSTHANGER.COM. HOSTHANGER.COM
shall make no effort to validate this information for content, correctness
or usability.
IV. Competency
Use of HOSTHANGER.COM's service requires a certain level of knowledge
in the use of Internet languages, protocols, and software. This level
of knowledge varies depending on the anticipated use and desired content
of Client's Web space by the Client.
The following examples are offered:
Web Publishing: requires knowledge of HTML, properly locating
and linking documents, FTPing documents, creating graphics, text,
sound, image mapping, etc.
CGI-Scripts: requires a knowledge of the UNIX environment,
TAR & GUNZIP commands, Perl, C Shell scripts, permissions, etc.
E-mail: a knowledge of POP3 service, mail
forwarding, use of mail clients to receive mail, etc.
The
Client agrees that he or she has necessary knowledge to correctly
utilize HOSTHANGER.COM's service without reliance on HOSTHANGER.COM.
Client agrees that it is not the responsibility of HOSTHANGER.COM
to provide this knowledge or Customer Support outside of the defined
service of HOSTHANGER.COM.
V. Content
1. HOSTHANGER.COM will exercise no control whatsoever over the content
of the information passing through the network. HOSTHANGER.COM makes
no warranties or representations of any kind, whether expressed or
implied for the service it is providing. HOSTHANGER.COM also disclaims
any warranty of merchantability or fitness for particular purpose
and will not be responsible for any damages that may be suffered by
the Client, including loss of data resulting from delays, non-deliveries
or service interruptions by any cause or errors or omissions of the
Client. Use of any information obtained by way of HOSTHANGER.COM is
at the Client's own risk, and HOSTHANGER.COM specifically denies any
responsibility for the accuracy or quality of information obtained
through its services. Connection speed represents the speed of a connection
to and does not represent guarantees of available end-to-end bandwidth.
HOSTHANGER.COM expressly limits its damages to the Client for any
non-accessibility time or other down time to the prorated monthly
charge during the system unavailability. HOSTHANGER.COM specifically
denies any responsibilities for any damages arising as a consequence
of such unavailability.
2. In the event that any particular clients' material is not "Server-ready",
HOSTHANGER.COM may, at its option and at any time, reject this material,
including but not limited to after it has been put on HOSTHANGER.COM's
web servers. This includes HOSTHANGER.COM's right to disable such
non-"Server-ready" materials, such as CGI scripts or programs
which consume an unreasonable amount of CPU (Central Processing Unit)
usage or RAM (Random Access Memory) as determined by HOSTHANGER.COM.
HOSTHANGER.COM may also at its discretion at any time, suspend access
to any client's website without notice, due to over-consumption of
bandwidth (exceeding 17,000MB/day transfer), CPU usage, or any other
reason which might effect the performance of HOSTHANGER.COM services.
HOSTHANGER.COM agrees to notify Client immediately of its refusal
of the material and/or suspension of the account and afford Client
the opportunity to amend or modify the material to satisfy the needs
and/or requirements of HOSTHANGER.COM. If the Client fails to modify
the material, as directed by HOSTHANGER.COM, within a reasonable period
of time established by HOSTHANGER.COM, the Agreement shall be deemed
to be terminated.
VI. Acceptable Uses
Client agrees to the terms of the Acceptable Use Policy, included
in this document by link http://www.hosthanger.com.
VII. Trademarks & Copyrights:
Client warrants that it has the right to use the applicable trademarks,
if any, and grants HOSTHANGER.COM the right to use such trademarks
in connection with HOSTHANGER.COM's service. This includes the right
granted by Client to HOSTHANGER.COM to advertise the Client in conjunction
with HOSTHANGER.COM's service.
VIII. Hardware, Equipment & Software:
The customer is responsible for and must provide all telephone, computer,
hardware and software equipment and services necessary to access HOSTHANGER.COM.
This equipment includes a personal computer equipped with a 2400 baud
modem or faster, Internet access via an ISP ("Internet Service
Provider"). HOSTHANGER.COM makes no representations, warranties
or assurances that the Customer's equipment will be compatible with
the HOSTHANGER.COM service. Client understands that HOSTHANGER.COM
is not an ISP and therefore will not provide dial-up Internet access
for the Client.
IX. Internet Etiquette:
Electronic forums such as mail distribution lists and UseNet news
groups all have expectations regarding subject area and appropriate
etiquette for posting. Users of these forums should be considerate
of the expectations and sensitivities of others on the network when
posting material for electronic distribution. The network resources
of HOSTHANGER.COM may not be used to impersonate another person or
misrepresent authorization to act on behalf of others or HOSTHANGER.COM.
All messages transmitted via HOSTHANGER.COM should correctly identify
the sender; users may not alter the attribution of origin in electronic
mail messages or posting. Users must not attempt to undermine the
security or integrity of computing systems or networks and must not
attempt to gain unauthorized access.
X. Service Guarantee
HOSTHANGER.COM will extend a 30 day conditional money-back guarantee
to Client if Client purchased HOSTHANGER.COM's virtual server hosting
service. This service guarantee shall begin upon the setup of Client's
account and shall expire thirty days later. Client has the right to
cancel his/her contract with HOSTHANGER.COM by providing written notice
to HOSTHANGER.COM stating the Client's intent to cancel within their
30 day period. The written cancellation notice shall entitle the Client
to a refund of any monies paid less any setup fees incurred.
1. Service Related
Client must cancel his/her account with HOSTHANGER.COM due to interruption
in service only. This includes "downtime", power outages
resulting in the inability of HOSTHANGER.COM to provide the service
promised, or errors within the software provided and verified by HOSTHANGER.COM.
2. Limitations
Client is not entitled to any sort of refund due to ignorance of HOSTHANGER.COM's
underlying service or payment policies. This includes, but is not
limited to, cancellation because of a twelve month minimum payment
upfront, HOSTHANGER.COM not providing dial-up Internet access, problems
registering or transferring any domain, U.S. top-level or foreign,
getting programs (CGI scripts) or features (search engines, guest
books, etc.) working on the Client's account. Accounts sold through
any of HOSTHANGER.COM's resellers or their resellers are not eligible
for a refund of any services under the money-back guarantee. Client
may not be entitled to any sort of refund because he/she had violated
any one of the seven restrictions outlined in the acceptable uses
policy above, even if the Client provided written notice within 30
days for a service-related reason. Client will not be entitled to
a refund for cancellation due to the fact that he/she did not read
our acceptable uses and later learned that his/her content violates
our acceptable uses. Acts of God, including but not limited to, earthquakes,
thunderstorms, or fires which result in an interruption in service
are exempt from the service guarantee. Because these circumstances
are beyond the control of HOSTHANGER.COM, the service guarantee will
be void under these conditions. However, HOSTHANGER.COM will make
every good faith effort to reinstate service to Client as quickly
as possible.
XI. Termination:
This Agreement may be terminated by either party, without cause, by
giving the other party 30 days written notice. Notwithstanding the
above, HOSTHANGER.COM may terminate service under this Agreement at
any time, without penalty, and collect any termination fees as outlined
above if the Client fails to comply with the terms of this Agreement.
XII. Limited Liability:
1. Client expressly agrees that use of HOSTHANGER.COM's equipment
is at Client's sole risk. Neither HOSTHANGER.COM, its employees, affiliates,
agents, third party information providers, resellers or the like,
warrant that HOSTHANGER.COM's service will not be interrupted or error
free; nor do they make any warranty as to the results that may be
obtained from the use of the service or as to the accuracy, reliability
or content of any information service or merchandise contained in
or provided through HOSTHANGER.COM, unless otherwise expressly stated
in this Agreement.
2. Under no circumstances, including negligence, shall HOSTHANGER.COM,
its offices, agents or any one else involved in creating, producing
or distributing HOSTHANGER.COM's service be liable for any direct,
indirect, incidental, special or consequential damages that result
from the use of or inability to use of HOSTHANGER.COM's service; or
that results from mistakes, omissions, interruptions, deletion of
files, errors, defects, delays in operation, or transmission or any
failure of performance, whether or not limited to acts of God, communication
failure, theft, destruction or unauthorized access to HOSTHANGER.COM's
records, programs or services. Client hereby acknowledges that this
paragraph shall apply to all content on HOSTHANGER.COM's Server service.
3. Notwithstanding the above, Client's exclusive remedies for all
damages, losses and causes of actions whether in contract, tort including
negligence or otherwise, shall not exceed the aggregate dollar amount
which Client paid during the term of this Agreement and any reasonable
attorney's fee and court costs.
XIII. Indemnification:
Client agrees that it shall defend, indemnify, save and hold HOSTHANGER.COM
harmless from any and all demands, liabilities, losses, costs and
claims, including reasonable attorneys' fees, ("Liabilities")
asserted against HOSTHANGER.COM, its agents, its customers, resellers
and employees, that may arise or result from any service provided
or performed or agreed to be performed or any product sold by Client,
its agents, employees or assigns. Client agrees to defend, indemnify
and hold harmless HOSTHANGER.COM against Liabilities arising out of
(i) any injury to person or property caused by any products sold or
otherwise distributed in connection with HOSTHANGER.COM's equipment;
(ii) any material supplied by Client infringing or allegedly infringing
on the proprietary rights of a third party; (iii) copyright infringement
and (iv) any defective product which Client sold using HOSTHANGER.COM's
service.
This agreement represents the complete agreement and understanding
between HOSTHANGER.COM and the Client and supersedes any other written
or oral agreement. Upon notice published on-line via HOSTHANGER.COM,
HOSTHANGER.COM may modify these terms and conditions, amplify them,
and/or modify the prices, as well as discontinue to change the services
offered. Submission of your account order shall constitute your complete
acceptance of these Terms and Conditions.
This Agreement shall be governed and construed in accordance with
the laws of the State of California and of the Internet.
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