hostsites.biz
Acceptable Use Policy ("AUP") is provided to give our
customers and users a clear understanding of what hostsites.biz
expects of them while using the service. All users of
hostsites.biz 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 hostsites.biz
Service constitutes acceptance and agreement to hostsites.biz
AUP as well as hostsites.biz TOS (Terms of Service)
Acceptable Use
hostsites.biz's 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 hostsites.biz Hosting
Acceptable Use Policy and Terms of Use. Your account will be
terminated without notice and you will forfeit all of the
moneys that have been paid to hostsites.biz.
Examples of content that is not acceptable on
hostsites.biz Servers: "Pirated software" or "Warez", "Hacker
programs and/or archives", "IRC Bots", "Gambling
Related","Copy righted Mp3's", cgi-based message
boards.
You specifically agree to indemnify and hold
hostsites.biz 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, 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.
We welcome and allow adult sites . All adult
sites must have a warning entrance page, all models must be
18+, and you must abide by all laws within the USA AND your
country if different from USA
Spam
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
list that people have signed up for. Spam complaints from
other users will not be tolerated.
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, profane 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 procure 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
247NetHosting.com 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.
Service Availability
We shall use our reasonable endeavors to make available
to you at all times the Server and the Services but we shall
not, in any event, be liable for interruptions of Service or
down-time of 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.
Termination We can not stress this enough the
following sites are prohibited: hate, warez, illegal anything,
illegal content, software trading, download libraries, chat
room programs, internet search engines, copyright
infringement, trademark infringement, bulk emailing,
unsolicited emailing, newsgroup spamming, spam, spam related
products and/or "anything else determined by us to be
unacceptable use of our Hosting Services servers including
abuse of server resources will be grounds for immediate
termination of service without notice" are expressively
forbidden and sites containing banned materials are subject to
immediate termination without refund.
Without in any way limiting our (hostsites.biz) rights. If
a site violates these terms in any way, shape, or form, the
site will be deleted from our network. If 2 violations
occur 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 you (or your
clients) are knowingly violating the terms of service.
Therefore there is no need for a first warning. When you
upload illegal files which violate these terms you know what
you are doing is against our policies. Second Warning There is
no second warning, the domain is deleted. You may recreate the
domain, however if illegal content is found on this domain
again the domain will be blocked from our servers.
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, 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 with a 7 day
notice. 247NetHosting reserves the right to cancel any
account with or without notice..
hostsites.biz 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 hostsites.biz policy. Finally, hostsites.biz
wishes to emphasize that in signing the service agreement,
subscribers indemnify hostsites.biz for any violation of the
service agreement, law, or hostsites.biz policy, that results
in loss to hostsites.biz or the bringing of any claim against
hostsites.biz by any third-party. This means that if
hostsites.biz is sued because of a subscriber's or customer of
a subscriber's activity, the subscriber will pay any damages
awarded against hostsites.biz , 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
All payments must be in US Dollars. PayPal and Credit
Card (Visa, MasterCard, American Express and Discover) is
currently the method of payment used by hostsites.biz. We
do also accept Check and Money order. Please
contact us to
pay via money order or paypal.
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.
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.
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, web proxy and mailing
list 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/ASP
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.
You are responsible for any domains that are placed onto
our servers.
We do reserve the right to edit the terms of service
at any time with or without notice.