| HostDime TOS :. Terms of Service
Number
one rule, we
never liked hidden charges so we don't have any. You host with us and
you will be happy. Do not do anything wrong and you will be happy with
the HostDime web hosting community.
Hostdime
Communications ("The Company") agrees to furnish services to "the Subscriber,"
subject to the following TOS (Terms of Service).
Use
of the HostDime Service constitutes acceptance and agreement to HostDime AUP as
well as HostDime TOS (Terms of Service).
All
provisions of this contract are subject to the TOS (Terms of Service) of
HostDime, Inc. and AUP (Acceptable Use Policy). The AUP may be changed
from time to time at the discretion of the Company. Subscriber
understands that change to the AUP by the Company shall not be grounds
for early contract termination or non-payment.
This
agreement shall be construed in all respects in accordance with the laws
of the state of Florida, county of Volusia applicable to contracts
enforceable in that state. Venue will be Volusia County, Florida.
Disclosure
to Law Enforcement:The
AUP specifically prohibits the use of our service for illegal
activities. Therefore, Subscriber agrees that the Company may disclose
any and all subscriber information including assigned IP numbers,
account history, account use, etc. to any law enforcement agent who
makes a written request without further consent or notification to the
Subscriber. In addition HostDime shall have the right to terminate all
service set forth in this Agreement.
Adult
hosting is allowed, but warez and child pornography will not be tolerated!
Anything that is legal can be hosted, anything that is illegal will NOT
be hosted.
Payments
and Fees: Service
will be interrupted on accounts that reach 5 days past due. Service
interrupted for nonpayment is subject to a $10.00USD reconnect charge
(individual hosting accounts). Dedicated servers that are suspended are
subject to a $100.00USD reconnection fee. Accounts not paid by due date
are subject to a $10.00USD late fee. Accounts that are not collectable
by HostDime may be turned over to an outside collection agency for
collection. If your account is turned over for collection, you agree to
pay the company a "Processing and Collection" Fee of not less than
$50.00USD nor more than $150.00USD. If you desire to cancel your
account, please follow the proper procedure to do this as outlined in
this TOS.
Failure
to Pay: The
Company may temporarily deny service or terminate this Agreement upon
the failure of Subscriber to pay charges when due. Such termination or
denial will not relieve Subscriber of responsibility for the payment of
all accrued charges, plus reasonable interest and any collection fees.
Account
Cancellation: All
requests for canceling accounts must be made within at least 30 days
notice. Notice must be sent to sales@hasweb.com. You must have all
account information to cancel.
Subscriber
acknowledges that the service provided is of such a nature that service can be
interrupted for many reasons other than the negligence of the company
and that damages resulting from any interruption of service are
difficult to ascertain. Therefore, subscriber agrees that the company
shall not be liable for any damages arising from such causes beyond the
direct and exclusive control of the company. Subscriber further
acknowledges that the company's liability for its own negligence may
not in any event exceed an amount equivalent to charges payable by
subscriber for services during the period damages occurred. In no event
shall the company be liable for any special or consequential damages,
loss or injury.
New
Domain Accounts:
All new webhosting accounts involving new domains will be set up and
entered into our DNS servers within 1 business day. Due to unforeseen
complications, however, this process may sometimes require up to 2
business days.
Transfer
of Domains: If you
select transfer domain it DOES NOT mean you will switch from your
current registrar to ours. It means you will be using a domain you have
registered elswhere and will transfer the hosting services. You will
keep the domain where you registered it unless you give us permission
to move the domain registration to us. In that case, please send an
email to sales@hostdime.com
SPAM
and Unsolicited Commercial E-mail (UCE): HostDime takes a zero tolerance approach to
the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our
network. Very simply this means that customers of Hostdime may not use
or permit others to use our network to transact in UCE. Customers of
Hostdime may not host, or permit hosting of, sites or information that
is advertised by UCE from other networks. Violations of this policy
carry severe penalties, including termination of service.
Violation
of HostDime SPAM policy will result in severe penalties. Upon notification of an
alleged violation of our SPAM policy, HostDime will initiate an
immediate investigation (within 48 hours of notification). During the
investigation, HostDime may restrict customer access to the network to
prevent further violations. If a customer is found to be in violation
of our SPAM policy, HostDime may, at its sole discretion, restrict,
suspend or terminate customer's account. Further, HostDime reserves the
right to pursue civil remedies for any costs associated with the
investigation of a substantiated policy violation. HostDime will notify
law enforcement officials if the violation is believed to be a criminal
offense.
First
violations of this policy will result in an "Administrative Fee" of $50 and your
account will be reviewed for possible immediate termination. A second
violation will result in an "Administrative Fee" of $100 and immediate
termination of your account. Users who violate this policy agree that
in addition to these "Administrative" penalties, they will pay
"Research Fees" not to exceed $75 per hour that HostDime personnel must
spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
As
our customers are ultimately responsible for the actions of their clients over the
HostDime network, it is advisable that Customers develop a similar, or
stricter, policy for their clients.
IP
Address Ownership:
If HostDime assigns Customer an Internet Protocol address for
Customer's use, the right to use that Internet Protocol address shall
belong only to HostDime, and Customer shall have no right to use that
Internet Protocol address except as permitted by HostDime in its sole
discretion in connection with the Services, during the term of this
Agreement. HostDime shall maintain and control ownership of all
Internet Protocol numbers and addresses that may be assigned to
Customer by HostDime, and HostDime reserves the right to change or
remove any and all such Internet Protocol numbers and addresses, in its
sole and absolute discretion. Our allocation of IP addresses is limited
by ARIN's new policies. These new policies state that use of IP
addresses for IP based virtual hosts will not be accepted as
justification for new IP addresses. What this means to you is that you
MUST use name-based hosting where possible. We will periodically review
IP address usage, and if we find that clients are using IP addresses
where name-based hosting could be used, we will revoke authorization to
use those IP addresses that could be used with name-based hosting.
Bandwidth
and Disk Usage:
Customer agrees that bandwidth and disk usage shall not exceed the
number of megabytes per month for the Services ordered by Customer on
the Order Form. HostDime will monitor Customer's bandwidth and disk
usage. HostDime shall have the right to take corrective action if
Customer's bandwidth or disk usage exceeds the Agreed Usage. Such
corrective action may include the assessment of additional charges,
disconnection or discontinuance of any and all Services, or termination
of this Agreement, which actions may be taken is in HostDime sole and
absolute discretion. If HostDime takes any corrective action under this
section, Customer shall not be entitled to a refund of any fees paid in
advance prior to such action. In the event that a customer exceeds the
included allocation, HostDime may, at its sole discretion, collect a
deposit, in an amount determined by Hostdime, against customer's credit
card on file with HostDime.
System
and Network Security:
Users are prohibited from violating or attempting to violate the
security of the Hostdime Network. Violations of system or network
security may result in civil or criminal liability. HostDime will
investigate occurrences, which may involve such violations and may
involve, and cooperate with, law enforcement authorities in prosecuting
Users who are involved in such violations. These violations include,
without limitation:
Accessing data not intended for such User or logging into a server or
account, which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures without proper
authorization.
Attempting to interfere with service to any user, host or network,
including, without limitation, via means of overloading, "flooding",
"mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of the header information
in any e-mail or forum posting.
Taking any action in order to obtain services to which such User is not
entitled.
Attempting to couple many hosting packages together to take advantage
of massive space or bandwidth allocations. Each hosting package
purchased is unique to a domain name and use - please do not purchase
multiple "plan 1's" for instance to get the combined bandwidth &
space. HostDime will stop such transactions and label them as
deceptive. We have an upgrade path for all services and we can often
times work out special deals for users if they ask us for the
assistance.
Suspension
of Service or Cancellation: You are not allowed to run ANY servers or services
using shell on the HostDime network. Servers are defined as perlbots,
proxies, BitchX, psyBnc, root exploits, DDos scripts, shoutcast
servers, etc. Running any of these will face in immediate suspension,
and users will be subject to a fine no less than 25.00, and no more
than 100.00, pending further investigation. HostDime reserves the right
to terminate an account for these activities also.
HostDime reserves the right to suspend network access to any customer
if in the judgment of the HostDime network administrators the
customer's server is the source or target of the violation of any of
the other terms of the AUP or for any other reason which HostDime
chooses. If inappropriate activity is detected, all accounts of the
Customer in question will be deactivated until an investigation is
complete. Prior notification to the Customer is not assured. In extreme
cases, law enforcement will be contacted regarding the activity. The
customer will not be credited for the time the customer's machines were
suspended. If at any given time a domain is using more then 10% CPU
memory, the client will be asked to be moved to a semi-dedicated server
at a small monthly fee. This will benefit everyone as we like to
maintain server performance to a maximum. If the client chooses not to
be moved, 50% of the money is refundable to cover expenses for creating
account and removing it.
Miscellaneous
Provisions: You
must provide us with, and keep current, good contact information for
you. E-mail, fax, and telephone contacts are used, in that order of
preference.
A
waiver by the company of any breach of any provision of this Agreement by
Subscriber shall not operate as or be construed as a continuing or
subsequent waiver thereof or as a waiver of any breach of any other
provision thereof.
Subscriber
shall not transfer or assign this Agreement without the prior written consent of the
Company. Company may assign Agreement at anytime without consent from
or notice to Subscriber. Company reserves right to cancel customers
rights under this contract at anytime without further obligation.
HostDime
takes no responsibility for any material input by others and not posted to the
HostDime Network by HostDime. HostDime is not responsible for the
content of any other websites linked to the HostDime Network; links are
provided as Internet navigation tools only. HostDime disclaims any
responsibility for any such inappropriate use and any liability to any
person or party for any other person or party's violation of this
policy.
HostDime
is not responsible for any damages your business may suffer. HostDime does not make
implied or written warranties for any of our services. HostDime denies
any warranty or merchantability for a specific purpose. This includes
loss of data resulting from delays, non-deliveries, wrong delivery, and
any and all service interruptions caused by HostDime.
HasWEB AUP:. Acceptable Use Policy
Users are not permitted to have any cgi shells, or php shells. This includes FooArt, PhpShell, and such others as 'copytest'. Users with these files are subject to having their account suspended, and a $20 fine.
HasWEB's Acceptable Use
Policy ("AUP") is provided to give our customers and users a clear
understanding of what HasWEB expects of them while using the service.
All users of HasWEB's Internet services: those who access some of our
Services but do not have accounts, as well as those who pay a service
fee to subscribe to the Services, must comply with this AUP and our TOS
(Terms of Service). Use of HasWEB Service constitutes acceptance and
agreement to HasWEB's AUP as well as HasWEB's TOS (Terms of Service)
IMPORTANT NOTICE: *All Payments To HasWEB Communications Are
Nonrefundable* We support the uncensored flow of information and ideas
over the Internet and do not actively monitor subscriber activity under
normal circumstances. Similarly, we do not exercise editorial control
over the content of any web site, e-mail transmission, newsgroups, or
other material created or accessible over or through the services,
except for certain proprietary Web sites. However, in accordance with
our TOS (Terms of Service), we may remove any materials that, in our
sole discretion, may be illegal, may subject us to liability, or which
may violate this AUP. HasWEB may cooperate with legal authorities
and/or third parties in the investigation of any suspected or alleged
crime or civil wrongdoing. Your violation of this AUP may result in the
suspension or immediate termination of either your HasWEB account or
other actions as detailed in Section 3 WITHOUT PRIOR NOTICE. This
document is intended to provide a basic understand of HasWEB's
Acceptable Use Policy. The following are guidelines for the
establishment and enforcement of HasWEB's AUP: Ensure reliable service
to our customers Ensure security and privacy of our systems and
network, as well as the networks and systems of others Comply with
existing laws Maintain our reputation as a responsible service provider
Encourage responsible use of the Internet and discourage activities
which reduce the usability and value of Internet services Preserve the
value of Internet resources as a conduit for free expression and
exchange of information Preserve the privacy and security of individual
users HasWEB intends to provide its customers access to everything the
Internet has to offer. While HasWEB is firmly committed to the
principles of free speech, certain activities that may be damaging to
the resources of both HasWEB and the Internet and cannot be permitted
under the guise of free speech. The resources of HasWEB and the
Internet are limited, and abuse of these resources by one user has a
negative impact on the entire community. We do not routinely monitor
the activity of accounts except for measurements of system utilization
and the preparation of billing records. However, in our efforts to
promote good citizenship within the Internet community, we will respond
appropriately if we become aware of inappropriate use of our service.
You may not use your dedicated server or virtual site to publish
material, which HasWEB determines, at its sole discretion, to be
unlawful, indecent or objectionable. For purposes of this policy,
"material" refers to all forms of communications including narrative
descriptions, graphics (including photographs, illustrations, images,
drawings, logos), executable programs, video recordings, and audio
recordings. If a HasWEB account is used to violate the Acceptable Use
Policy or our TOS, we reserve the right to terminate your service
without notice. We prefer to advise customers of inappropriate behavior
and any necessary corrective action, however, flagrant violations of
the Acceptable Use Policy will result in immediate termination of
service. Our failure to enforce this policy, for whatever reason, shall
not be construed as a waiver of our right to do so at any time. As a
member of our network community, you must use your Internet access
responsibly. If you have any questions regarding this policy, please
contact us at abuse@HasWEB.com VIOLATIONS OF HasWEB ACCEPTABLE USE
POLICY The following constitute violations of this AUP: Illegal use:
HasWEB services may not be used for illegal purposes, or in support of
illegal activities. HasWEB reserves the right to cooperate with legal
authorities and/or injured third parties in the investigation of any
suspected crime or civil wrongdoing. Harm to minors: Use of the HasWEB
service to harm, or attempt to harm, minors in any way, including, but
not limited to child pornography. Threats: Use of HasWEB service to
transmit any material (by e-mail, uploading, posting or otherwise) that
threatens or encourages bodily harm or destruction of property.
Harassment: Use of HasWEB service to transmit any material (by e-mail,
uploading, posting or otherwise) that harasses another. Fraudulent
activity: Use of HasWEB service to make fraudulent offers to sell or
buy products, items, or services, or to advance any type of financial
scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
Forgery or impersonation: Adding, removing or modifying identifying
network header information in an effort to deceive or mislead is
prohibited. Attempting to impersonate any person by using forged
headers or other identifying information is prohibited. The use of
anonymous remailers or nicknames does not constitute impersonation.
Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of
the HasWEB service to transmit any unsolicited commercial or
unsolicited bulk e-mail is expressly prohibited. Violations of this
type will result in the immediate termination of the offending HasWEB
account. E-mail / News Bombing: Malicious intent to impede another
person's use of electronic mail services or news will result in the
immediate termination of the offending HasWEB account. E-mail / Message
Forging: Forging any message header, in part or whole, of any
electronic transmission, originating or passing through the HasWEB
service is in violation of this AUP. Unauthorized access: Use of the
HasWEB service to access, or to attempt to access, the accounts of
others, or to penetrate, or attempt to penetrate, security measures of
HasWEB or another entity's computer software or hardware, electronic
communications system, or telecommunications system, whether or not the
intrusion results in the corruption or loss of data, is expressly
prohibited and the offending HasWEB account is subject to immediate
termination. Copyright or trademark infringement: Use of the HasWEB
service to transmit any material (by e-mail, uploading, posting or
otherwise) that infringes any copyright, trademark, patent, trade
secret or other proprietary rights of any third party, including, but
not limited to, the unauthorized copying of copyrighted material, the
digitization and distribution of photographs from magazines, books, or
other copyrighted sources, and the unauthorized transmittal of
copyrighted software. Collection of personal data: Use of the HasWEB
service to collect, or attempt to collect, personal information about
third parties without their knowledge or consent. Network disruptions
and unfriendly activity: Use of the HasWEB service for any activity
which affects the ability of other people or systems to use HasWEB
Services or the Internet. This includes "denial of service" (DOS)
attacks against another network host or individual user. Interference
with or disruption of other network users, services or equipment is
prohibited. It is the Member's responsibility to ensure that their
network is configured in a secure manner. A Subscriber may not, through
action or inaction, allow others to use their network for illegal or
inappropriate actions. A Subscriber may not permit their network,
through action or inaction, to be configured in such a way that gives a
third party the capability to use their network in an illegal or
inappropriate manner. Unauthorized entry and/or use of another company
and/or individual's computer system will result in immediate account
termination. HasWEB will not tolerate any subscriber attempting to
access the accounts of others, or penetrate security measures of other
systems, whether or not the intrusion results in corruption or loss of
data. Fraud: Involves a knowing misrepresentation or misleading
statement, writing or activity made with the intent that the person
receiving it will act upon it. Infringement of Copyright, Patent,
Trademark, Trade Secret, or Intellectual Property Right: Distribution
and/or posting of copyrighted or the aforementioned infringements will
not be tolerated. Distribution of Viruses: Intentional distributions of
software that attempts to and/or causes damage, harassment, or
annoyance to persons, data, and/or computer systems are prohibited.
Such an offense will result in the immediate termination of the
offending account. Inappropriate Use of Software: Use of software or
any device that would facilitate a continued connection, i.e. pinging,
while using HasWEB services could result in suspension service. Third
Party Accountability: HasWEB subscribers will be held responsible and
accountable for any activity by third parties, using their account,
that violates guidelines created within the Acceptable Use Policy.
Security You are responsible for any misuse of your account, even if
the inappropriate activity was committed by a friend, family member,
guest or employee. 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 security of another account or attempt
to gain unauthorized access to another network or server. Your password
provides access to your account. It is your responsibility to keep your
password secure. Sharing your password and account access with
unauthorized users is prohibited. You should take care to prevent
others from using your account since you will be held responsible for
such use. Attempting to obtain another user's account password is
strictly prohibited, and may result in termination of service. You must
adopt adequate security measures to prevent or minimize unauthorized
use of your account. You may not attempt to circumvent user
authentication or security of any host, network or account. This
includes, but is not limited to, accessing data not intended for you,
logging into or making use of a server or account you are not expressly
authorized to access, or probing the security of other networks. Use or
distribution of tools designed for compromising security is prohibited.
Examples of these tools include, but are not limited to, password
guessing programs, cracking tools or network probing tools. You may not
attempt to interfere with service to any user, host or network ("denial
of service attacks"). This includes, but is not limited to, "flooding"
of networks, deliberate attempts to overload a service, and attempts to
"crash" a host. Users who violate systems or network security may incur
criminal or civil liability. HasWEB will cooperate fully with
investigations of violations of systems or network security at other
sites, including cooperating with law enforcement authorities in the
investigation of suspected criminal violations. Network Performance
HasWEB accounts operate on shared resources. Excessive use or abuse of
these shared network resources by one customer may have a negative
impact on all other customers. Misuse of network resources in a manner
which impairs network performance is prohibited by this policy and may
result in termination of your account. You are not allowed to run ANY
IRC servers or abusive services using shell on the HasWEB network. This
includes any IRC bots, scripts, servers, etc. Servers are defined as
eggdrop servers, perlbots, VOIP applications, proxies, BitchX, psyBnc,
root exploits, DDos scripts, shoutcast servers, etc. Running any of
these will face in immediate suspension, and users will be subject to a
fine no less than 25.00, and no more than 100.00, pending further
investigation. Also having any type of 'proxy' including nph-proxy
'Cgi-Proxy' or proxy scripts in your directory subjects you to a 50.00
fine. HasWEB reserves the right to terminate an account for these
activities also. You are prohibited from excessive consumption of
resources, including CPU time, memory, disk space and session time. You
may not use resource-intensive programs which negatively impact other
customers or the performances of HasWEB systems or networks. HasWEB
reserves the right to terminate or limit such activities. REPORTING
VIOLATIONS OF HasWEB AUP HasWEB requests that anyone who believes that
there is a violation of this AUP direct the information to the Abuse
Department at abuse@HasWEB.com If available, please provide the
following information: The IP address used to commit the alleged
violation The date and time of the alleged violation, including the
time zone or offset from GMT Evidence of the alleged violation E-mail
with full header information provides all of the above, as do system
log files. Other situations will require different methods of providing
the above information. HasWEB may take any one or more of the following
actions in response to complaints: Issue written or verbal warnings
Suspend the Member's forum posting privileges Suspend the Member's
account Terminate the Member's account Bill the Member for
administrative costs and/or re-activation charges Bring legal action to
enjoin violations and/or to collect damages, if any, cause by
violations REVISIONS TO THIS ACCEPTABLE USE POLICY HasWEB reserves the
right to revise, amend, or modify this AUP, our TOS (Terms of Service)
and our other policies and agreements at any time and in any manner.
Notice of any revision, amendment, or modification will be posted in
accordance with our TOS (Terms of Service)
Responsibility
for Content: You,
as HostDime customer, are solely responsible for the content stored on
and served by your HostDime server.
|