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Privicy Policy agreements for 100host.com
Web
hosting Policy and agreement
given below
100host.com
Web - 100host services may only
be used for lawful purposes.
Transmission of any material
in violation of International,
Federal or State regulation
is prohibited. This includes
but is not limited to: material
legally judged to be threatening
or obscene, or material protected
by trade secret laws.
If
you are found in violation of
the 100host.com Web - 100host
Hosting Acceptable Use Policy
and Terms of Use. Your account
will be terminated without notice
and you may forfeit all of the
moneys that have been paid to
100host.com Web - 100host .
Examples
of content that is not acceptable
on 100host.com Web - 100host
Servers: "Pirated software"
or "Warez", "Hacker
programs and/or archives",
"IRC Bots", "Gambling
Related", "Copyrighted
Mp3's", cgi-based message
boards.
You
specifically agree to indemnify
and hold 100host.com Web - 100host
harmless from any claims resulting
from a breach of these terms,
and/or their use of the service,
which damages another.
Warez
- Includes pirated software,
ROMS, emulators, phreaking,
hacking, software or password
cracking. IP spoofing, etc.,
and encrypting of any of the
above. Also includes any sites
which provide "links to"
or "how to" information
about such material.
"Hacking"
content may be deemed acceptable
if used in a "how to test
and prevent" context. Please
contact our staff if you have
any questions on this.
Under
no circumstances, may you have
child pornography or any content
that may be considered illegal
within the boundaries of the
United States.
Denial
of Service Attacking
We have a zero tolerance policy
on deliberate Denial Of Service
attacks, either against our
servers, or from our servers.
If your account is found to
be deliberately causing Denial
of Service to our servers, or
any other server or equipment,
then you will be held liable
for damages, including but not
limited to labor to diagnose
and repair service, at a minimum
of $200/hour ($400/hour on evenings,
nights and weekends, $600/hour
on holidays.)
If
intentional DOS attacks, brings
down our servers, causes interruption
to our network, or causes our
network provider to block our
services, then the responsible
party will also be financially
accountable for downtime of
services. Damages are at a rate
of $500 per hour until service
is restored.
Spam
SPAM will be defined as "Unwanted
email sent to multiple strangers,
generally for the purpose of
advertising."
Purchased lists of email addresses,
are NEVER allowed.
SPAM
in any shape or form is NOT
permitted and is grounds for
immediate account termination.
Mailing lists via a mailing
list manager are acceptable
as long as the list are OPT-IN
lists that people have signed
up for FROM YOUR SITE. Spam
complaints about users will
not be tolerated.
Anyone
caught intentionally spamming,
or purposely opening relay ports
for spamming will be terminated
immediately, and will be held
financially responsible for
labor of an engineer to repair
any and all damages at a minimum
of $200/hour ($400/hour on evenings,
nights and weekends, $600/hour
on holidays.)
If
intentional spamming gets any
of our severs put on an email
blacklist, the responsible party
may also be financially accountable
for downtime of mail services
due to not being able to send
email. Damages are at a rate
of $500 per hour until service
is restored.
This
is meant purely to protect our
regular clients.
Mailing
Lists
If you maintain an opt-in mailing
list with your web site(s),
you MUST include:
1) A working opt-out procedure
for your members members, that
is in plain sight in every email.
2)
A mechanism to handle email
bounces, to remove an email
after 4 unsuccessful mailings
in a row.
3)
No "purchases" lists.
If you are running a newsletter
of people that have opt-ed in
at your site, great. If someone
signed up looking for a business
opportunity at some other site,
this is not acceptable, nor
is it responsible mailing. This
will be considered spam.
If
your using a mailing list, you
may protect yourself further,
by including in each email,
information used at time of
opt-in, like date and IP address.
IRC
and Chat Rooms
Internet Relay Chat (IRC) traffic
is not permitted on our servers
in any of its many forms including,
but not limited to: bots and
IRC servers. Chat rooms may
be allowed on per use basis,
so please ask one of our support
staff before setting one up.
(Some cgi/perl based chat rooms
over utilize the server processor.)
Web
Site Hosting And Email
We make no representation and
give no warranty as to the accuracy
or quality of information received
by any person via the Server
and we shall have no liability
for any loss or damage to any
data stored on the Server.
You
shall effect and maintain adequate
insurance coverage in respect
of any loss or damage to data
stored on the Server.
You
represent, undertake and warrant
to us that you will use the
Web Site allocated to you only
for lawful purposes. In particular,
you represent, warrant and undertake
to us that you will not use
the Server in any manner which
infringes any law or regulation
or which infringes the rights
of any third party, nor will
you authorize or permit any
other person to do so.
You
shall not post, link to or transmit:
(a) Any material, which is unlawful,
threatening, abusive, malicious,
defamatory, blasphemous, or
otherwise objectionable in any
way. (b) Any material containing
a virus or other hostile computer
program. (c) Any material which
constitutes, or encourages the
commission of, a criminal offence
or which infringes any patent,
trade mark, design right, copyright
or any other intellectual property
right or similar rights of any
person which may subsist under
the laws of any jurisdiction.
You
shall keep secure any identification,
password and other confidential
information relating to your
account and shall notify us
immediately of any known or
suspected unauthorized use of
your account or breach of security,
including loss, theft or unauthorized
disclosure of your password
or other security information.
You
shall observe the procedures,
which we may from time to time
prescribe and shall make no
use of the Server, which is
detrimental to our other customers.
You
shall ensure that all mail is
sent in accordance with applicable
legislation (including data
protection legislation) and
a secure manner.
In
the case of an individual User,
you warrant that you are at
least 18 years of age and if
the User is a company, you warrant
that the Services will not be
used by anyone under the age
of 18 years.
Any
access to other networks connected
to 100host.com Web - 100host
must comply with the rules appropriate
for those other networks.
While
we will use every reasonable
endeavor to ensure the integrity
and security of the Server,
we do not guarantee that the
Server will be free from unauthorized
users or hackers and we shall
be under no liability for non-receipt
or misrouting of email or for
any other failure of email.
Intellectual
Property Rights
You shall obtain any and all
necessary consents and clearances
to enable you lawfully to make
use of all and any intellectual
property rights through the
Services, including without
limitation, clearance and/or
consents in respect of your
proposed domain name and all
content within your account.
Please refer to our DMCA Policy
for details regarding takedown
and reinstatement procedures
for sites in possible violation
of the Digital Millennium Copyright
Act. http://www.100host.com
Web - 100host /dmcapolicy.html
Service
Availability
Our server will maintain a 99.9%
uptime, if this uptime is not
met, 100host.com Web - 100host
may allow a service refund at
our discretion, and upon client
request. 100host.com Web - 100host
however cannot be held responsible
for network issues between your
location and the server.
We
shall have the right to suspend
the Services at any time and
for any reason without notice,
but if such suspension lasts
or is to last for more than
30 days you will be notified
of the reason.
The
Services provided to you hereunder
and your account with us cannot
be transferred or used by anyone
other than you. No more than
one login session under any
one account may be used at any
time by you. User programs may
be run only during login sessions.
If your account is found to
have been transferred to another
party, or shows other activity
in breach of this sub clause,
we shall have the right to cancel
the account and terminate the
Services and/or this Agreement
immediately.
Server
Backups
Most of our servers are provided
with backup equipment and automated
procedures. For liability reasons
we cannot guarantee these backups
at any given point in time.
Backups are typically made on
a secondary hard drive on the
same server, therefore cannot
be stored off site.
If restoration of files, or
database is required, please
submit a support request. Restore
request may take more time than
most other support requests.
We
offer up to two free, full,
or partial restores per client,
per month. Resellers with many
customers may be allotted more
at 100host.com Web - 100host
full discretion.
Termination
If a site violates these terms
in any way, shape, or form,
the site will be deleted from
our network. If allowed back
on, and a second violation occurs
within a 90 day period the site
will be blocked from our network.
Our warning schedule is below.
First
Warning
When you (or your clients) upload
illegal content, or misuse 100host.com
Web - 100host systems in any
way. you (or your clients) are
knowingly violating the terms
of service. You may receive
a first warning at our discretion.
When you violate these terms
you know what you are doing
is against our policies. We
reserve the right to bypass
the first warning and suspend
the account in question.
Questionable
Situations
If we find content that is questionable
and may or may not violate the
terms of service we will contact
you. An example of a situation
like this is a band hosting
their own music on our servers.
However, you can avoid this
step if you notify us. If you
are a band or if you are planning
to upload a large amount of
files that are questionable
please notify us before you
upload so we are aware of the
situation. This will keep everyone
happy.
If
you fail to pay any sums due
to us as they fall due, we may
suspend the Services and/or
terminate this Agreement forthwith
without notice to you.
If
you break any of these terms
and conditions, or allow your
sub-accounts to do so, we may
terminate this agreement forthwith
upon written notice.
If
you are a company and you go
into insolvent liquidation or
suffer the appointment of an
administrator or administrative
receiver or enter into a voluntary
arrangement with your creditors,
we shall be entitled to terminate
this Agreement forthwith without
notice to you.
On
termination of this Agreement
or suspension of the Services
we shall be entitled immediately
to block your Web Site and to
remove all data located on it.
We shall be entitled to delete
all such data but we may, at
our discretion, hold such data
for such period as we may decide
to allow you to collect it at
your expense, subject to payment
in full of any amounts withstanding
and payable to us. We shall
further be entitled to post
such notice in respect of the
non-availability of your Web
Site as we think fit.
Accounts
may be cancelled by the user
or 100host.com Web - 100host
with or without prior notice.
Legal
100host.com Web - 100host expects
that its subscribers who provide
Internet services to others
will comply fully with all applicable
laws concerning the privacy
of on-line communications. A
subscriber's failure to comply
with those laws will violate
100host.com Web - 100host policy.
Finally, 100host.com Web - 100host
wishes to emphasize that in
signing the service agreement,
subscribers indemnify 100host.com
Web - 100host for any violation
of the service agreement, law,
or 100host.com Web - 100host
policy, that results in loss
to 100host.com Web - 100host
or the bringing of any claim
against 100host.com Web - 100host
by any third-party. This means
that if 100host.com Web - 100host
is sued because of a subscriber's
or customer of a subscriber's
activity, the subscriber will
pay any damages awarded against
100host.com Web - 100host ,
plus costs and reasonable attorneys'
fees.
Limitation
Of Liability
All conditions, terms, representations
and warranties relating to the
Services supplied under this
Agreement, whether imposed by
statute or operation of law
or otherwise, that are not expressly
stated in these terms and conditions
including, without limitation,
the implied warranty of satisfactory
quality and fitness for a particular
purpose are hereby excluded.
Our
total aggregate liability to
you for any claim in contract,
tort, negligence or otherwise
arising out of or in connection
with the provision of the Services
shall be limited to the charges
paid by you in respect of the
Services, which are the subject
of any such claim.
In
any event no claim shall be
brought unless you have notified
us of the claim within 6 months
of it arising.
In
no event shall we ever be liable
to you for any loss of business,
contracts, profits or anticipated
savings or for any other indirect
or consequential or economic
loss whatsoever.
Notices
Any notice to be given by either
party to the other may be sent
by either email, fax or recorded
delivery to the address of the
other party as appearing in
this Agreement or ancillary
application forms or such other
address as such party may from
time to time have communicated
to the other in writing, and
if sent by email shall unless
the contrary is proved be deemed
to be received on the day it
was sent or if sent by fax shall
be deemed to be served on receipt
of an error free transmission
report, or if sent by recorded
delivery shall be deemed to
be served two days following
the date of posting.
Payment
Hosting prepayments are nonrefundable.
You must request cancellation
prior to the start of your next
billing cycle to prevent charges
from being assessed. If customer
decides to discontinue a domain
prior to renewal, their account
is still available for them
to substitute another domain
not presently or previously
hosted by us. Setup of substitution
domain is free for the first
occurrence. Subsequent substitutions
are $50.00 each occurrence.
Limit of 2 per annum.
All
payments must be in US Dollars.
We will accept a check in some
situations. If your check is
returned by the bank as unpaid
for any reason, you will be
liable for a "returned
check" charge of $30.00
plus late fees if applicable
All
charges payable by you for the
Services shall be in accordance
with the scale of charges and
rates published from time to
time by us on our web site and
shall be due and payable in
advance of our service provision.
Your
Billing is based on the date
that you signed up with us.
There are incidences when the
payment date has been, or will
be, modified.
Without
prejudice to our other rights
and remedies under this Agreement,
if any sum payable is not paid
on or before the due date, we
shall be entitled forthwith
to suspend the provision of
services to you.
Account
Suspension for non-payment,
can result in an administrative
fee of $10, to re-connect service.
Suspension
of services, for any reason,
does not mean you no longer
owe the outstanding balance.
If an account goes over 30 days
past due, the client forfits
any protection under our privacy
policy, and 100host.com Web
- 100host reserves the right
to seek alternate collection
methods using this information.
Errors
100host.com Web - 100host will
not be held responsible for
typographical errors or human
mistakes of any kind in advertising,
customer site updates, sales
or any other department. We
will act as quickly as possible
to correct such an error.
Cancellation
Recommended methods of service
cancellation are:
Canceling
via eMail message. Do not assume
receipt. Please wait for a confirmation.
Hosting
terms are for 12 months. Cancellations
will take effect at the end
of that 12 month period.
SSL
Certificates
There will be a five day delay
in the installation of SSL certificates
to be purchased by us, due to
experiences with fraudulent
purchases and charge backs.
This can usually be waved for
clients in good standing.
Bandwidth
Overage
Warnings will be issued by the
server when an account reaches
80% of a months bandwidth limit.
At this point you have two choices.
1) leave it alone. If a bandwidth
limit is reached, the account
will go into suspended status
until the 1st of the following
month or until other arrangements
are made. 2) Upgrade your hosting
package if you feel this might
be a normal overage.
Headings
Headings are included in this
Agreement for convenience only
and shall not affect the construction
or interpretation of this Agreement.
Entire
Agreement
These terms and conditions together
with any documents expressly
referred to in them, contain
the entire Agreement between
us relating to the subject matter
covered and supersede any previous
agreements, arrangements, undertakings
or proposals, written or oral:
between us in relation to such
matters. No oral explanation
or oral information given by
any party shall alter the interpretation
of these terms and conditions.
In agreeing to these terms and
conditions, you have not relied
on any representation other
than those expressly stated
in these terms and conditions
and you agree that you shall
have no remedy in respect of
any misrepresentation, which
has not been made expressly
in this agreement. Misuse of
resources, including but not
limited to employing applications
which consume excessive CPU
time. Chat/IRC, and web proxy
scripts are not allowed on our
network under any circumstances.
Streaming media can be a drain
on web server resources and
as such is not allowed. CGI
based message forums which use
flat file databases are often
found to use excessive system
resources, to avoid disappointment
please use a PHP message forum.
If you are unsure about content
you intend to place on our network,
please check with us before
you do. We reserve the right
to determine what constitutes
acceptable use. We may amend
these terms of service with
or without notice.
We
do reserve the right to edit
the terms of service at any
time with or without notice.
Some
items in these terms of service
may not apply in all cases.
Special terms may be negotiated
in a pre-sales agreement. Such
pre-sales agreements may override
specific terms listed here.
Do
not agree to these terms of
service if you cannot uphold
these conditions or the spirit
of these conditions.
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