An organized collection of informative articles related to your Host 99 account.
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By accessing the services of Host 99 Web Services and providing us with the requested personal information, you consent to the collection and use of the information in accordance with this privacy policy.
Information Sharing and Disclosure
Host 99 Web Services may disclose your personal information to third parties who work on behalf of Host 99 Web Services to provide products and services requested by you. We will share personal information for these
purposes only with third parties whose privacy policies are consistent with ours or who agree to abide by our policies with respect to personal information
Host 99 Web Services may otherwise disclose your personal information when:
We have your express consent to share the information for a specified purpose;
We need to respond to subpoenas, court orders or such other legal process;
We need to protect the personal safety of the users of our websites or defend the rights or property of Host 99 Web Services;
We find that your actions on our websites violate the Host 99 Web Services Terms of Use document or any of our usage guidelines for specific products or services.
Consent
If you do not consent to the collection, use or disclosure of your personal information as outlined in this policy, please do not provide any personal information to Host 99 Web Services. If you have provided
personal information to Host 99 Web Services and no longer consent to its use or disclosure as outlined herein, please notify Host 99 Web Services Customer Service
Security
Unfortunately, no data transmission over the Internet can be considered 100% secure. However, your Host 99 Web Services Information is protected for your privacy and security. In certain areas of our websites, as
identified on the site, Host 99 Web Services uses industry-standard 256 bit SSL-encryption to protect data transmissions.
We also safeguard your personal information from unauthorized access, through access control procedures, network firewalls and physical security measures. Further, Host 99 Web Services retains your personal information only as long as necessary to fulfil the purposes identified above or as required by law.
Changes to Terms Of Use
Host 99 Web Services may at any time, without notice to you and in its sole discretion, amend this policy from time to time. Please review this policy periodically. Your continued use of Host 99 Web Services websites
after any such amendments signifies your acceptance thereof.
Questions or Suggestions
If you have questions or suggestions about this privacy policy, or your own personal information, please e-mail us
Host 99 Web Services & Web Design Terms & Conditions
Host 99 Web Services, [hereafter referred to as "Host 99 Web Services " or the "Company"] agrees to provide services to the Subscriber, subject to the following TOS (Terms of Service).
Use of Host 99 Web Services Services constitutes acceptance and agreement to The Company's AUP (Acceptable Use Policy) as well as the Host 99 Web Services TOS (Terms of Service).
All provisions are subject to the TOS (Terms of Service) of Host 99 Web Services 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 Australia, New Zealand, the United Kingdom and the United States Of America.
Tos-1. 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 Host 99 Web Services shall have the right to terminate all
service set forth in this Agreement.
Tos-2. Service Rates:
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified
rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to the company by its suppliers.
Tos-3. Payment:
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. If for any reason we are
unable to provide the goods or service, we will contact you within 3 business days.
Tos-4. Payments and Fees:
Accounts that reach 10 days overdue will be suspended until payment has been received and will be charged a 5% late fee. Accounts overdue by 30 days or more will be cancelled and all files removed from our servers.
If you wish to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
Tos-5. Refund and Disputes:
Any account within the 30 day money back guarantee are entitled to a full refund excluding Dedicated IP Addresses and SSL Ceritifcates all account holders wishing to cancel within the 30 days must request cancellation within 10 days of the invoice generation date. If you are using a SSL discounted by our loyalty program the SSL is not transferrable unless paid in full, the full price of our loyalty SSL discounted certificate is $99.99.
Any account holder failing to do so agrees to these terms and conditions during checkout to waive this refund and is non transferrable from PayPal or Credit Card company as these terms and conditions are a legal binding agreement to all TOS / AUP policies.
All payments to Host 99 Web Services are non refundable after our 30 Day Money Back Gurantee including Quarterly, Semi-Annual and Annual accounts.
All payments to Host 99 Web Services are non refundable. This includes any one time setup fees and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge or payment that, in the company's sole discretion is a valid charge under the provisions of the TOS and / or AUP, you agree to pay Host 99 Web Services an " Administrative Fee" of not less than $25 and not more than $75.
Tos-6. Failure to Pay:
The Company may temporarily deny service or terminate this Agreement upon the failure of a 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.
Tos-6A
Any custom services that are not paid in full once completed any if not all services can be suspended terminated without notice. This includes the following services performed by Host 99 or any of it's sister
companies or partners. Any disputes or threats to file such as chargebacks will result in immediate halt of service hosting or development and possibly result in reporting to all 3 Major Credit Agencies and file for credit deduction
against your credit and possible legal action (Circumstantial) maybe assessed through the Host 99 Legal Department for capture of funds owed to Host 99 services such as the following are included this section of our Terms And Conditions:
Host 99 Web Hosting Domain Registration, SSL, Dedicated IP, Web Hosting
Host 99 Web Hosting Sites deemed to be in violation of our Terms of Service Agreement
Host 99 Web Hosting Sites hosting illegal or copyrighted material
Host 99 Web Hosting Sites promoting the use of, or affiliated with Warez, Cracks, KeyGens, etc.
Host 99 Web Hosting Sites featuring illicit illegal material including child pornography
Host 99 Web Hosting Sites featuring counterfeit goods or knock off products
Host 99 Web Hosting Sites being used for credit card phishing, or consumer financial schemes
Host 99 Web Hosting Sites or e-mail services being used for mass advertising or 'SPAM' purposes.
Host 99 Web Hosting Any other site deemed to be malicious or fraudulent in nature
Tos-7. Account Cancellation:
Requests for canceling accounts must be made through your Host 99 Web Services client center and request that your account be cancelled. All account information must be included in the cancellation request, Email
requests for canceling accounts must be with at least 14 days notice but not more than 30 days. 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 as certain. 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.
Tos-9. New Domain Accounts:
All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 12 hours. Due to unforeseen complications, however, this process may sometimes require up to 72 hours.
Tos-10. Support Boundaries:
Host 99 Web Services provides 24 x 7 technical email support to our subscribers (except for a few holidays when we close our offices). We limit our technical support to our area of expertise.
The following is our guidelines when providing support: All tickets have a Four Hour Turn Over Time on responding due to the type of ticket and investigation required for that request such as IP blocking, PCI Compliance Support, Dedicated Servers. On these type of support requests Email Support is the only availability for Best Tracking and Logging required
1. Host 99 Web Services provides support related to your web site's physical functioning.
2. Host 99 Web Services does not offer tech support for application specific issues such as CGI programming, HTML or any other such 3rd party script issues.
3. Host 99 only offers PCI support to the customers subscribe any other party outside the Host 99 Network will not be supported no exceptions.
4. All other support requests are answered in the order they are received such as Hosting support, PCI Support, Web Development Support and Domain Support.
If you can email, we encourage you to email us for assistance. If you are able to get online and have other questions, the answers may be on our support pages accessible via our home page - we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources.
Tos-11. SPAM and Unsolicited Commercial Email (UCE):
Host 99 Web Services takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Host 99 Web Services may not use or permit
others to use our network to transact in UCE. Resellers, webmasters and web site owners of Host 99 Web Services 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.
a) Violation of the Host 99 Web Services SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Host 99 Web Services will initiate an immediate investigation (within 24 hours of notification). During the investigation, Host 99 Web Services may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Host 99 Web Services reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Host 99 Web Services may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Host 99 Web Services will notify law enforcement officials if the violation is believed to be a criminal offence.
b) 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 $50 per hour that Host 99 Web Services personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
c) As our Resellers are ultimately responsible for the actions of their clients on Host 99 Web Services servers, it is advisable that Resellers develop a similar, or stricter, policy for their clients.
IMPORTANT:
Anyone hosting web sites or services on their server that supports spammers or causes any of our IP space to be listed in any of the various Spam Databases will have their web site immediately removed from our
servers. Severe violations may result in immediate and permanent removal of all sites for that customer from our servers without notice to the customer. Any customer guilty of a second violation WILL be immediately
and permanently removed from our servers without notice.
Tos-12. Resource Usage:
User may not:
a) Use 5% or more of system resources for longer than 90 seconds that are hosted on any "Shared or Reseller Hosting Packages". There are numerous activities that could cause such
problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Use 10% or more of system resources for longer than 90 seconds that are hosted on any "Semi Dedicated Level 1 Hosting Packages".
c) Use 20% or more of system resources for longer than 90 seconds that are hosted on any "Semi Dedicated Level 2 Hosting Packages".
d) Use 30% or more of system resources for longer than 90 seconds that are hosted on any "Semi Dedicated Level 3 Hosting Packages".
e) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
f) Run any software that interfaces with an IRC (Internet Relay Chat) network.
g) Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
h) Participate in any file-sharing/peer-to-peer activities
i) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
j) Run cron entries with intervals of less than 15 minutes
k) Account storage is to be used for web hosting purposes only and not personal storage.
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include ("http://yourdomain.com/include.php") use include("include.php")
Tos-13. INODES:
The use of more then 50,000 INODES will result in account suspension. Accounts found exceeding 50,000 INODES will not be backed up on our backup servers. A INODE is the actual file or directory and not the size of
that file or directory. For example your index.html file is 1 INODE. A directory called homework is counted as 1 INODE as well.
Tos-14. Network: 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 (the "Agreed Usage"). Host 99 Web Services will monitor Customer's bandwidth and disk usage. Host 99 Web Services 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 a ctions may be taken is in the Company's sole and absolute discretion.
If Host 99 Web Services 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, Host 99 Web Services may, at its sole discretion, request a deposit, in an amount determined by Host 99 Web Services.
System and Network Security:
Users are prohibited from violating or attempting to violate the security of Host 99 Web Services and its services. Violations of system or network security may result in civil or criminal liability. Host 99 Web
Services 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:
i. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing " or "crashing
".
iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
v. Taking any action in order to obtain services to which such User is not entitled.
Tos-15 Notification of Violation:
a) Host 99 Web Services is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP
to monitor or police Internet-related activities.
b) First violation: Any User, which Host 99 Web Services determines to have violated any element of this Terms Of Service Agreement, shall receive an email, w arning them of the violation. The
service may be subject at The Company's discretion to a temporary suspension pending a User's agreement to refrain from any further violations.
c) Second Violation: Users that Host 99 Web Services determines to have committed a second violation of any element of this Terms Of Service Agreement shall be subject to immediate suspension or
termination of service without further notice.
d) Host 99 Web Services reserves the right, to drop the web sites or accounts involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to
parties on the Internet. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
Tos-16. Suspension of Service or Cancellation:
Host 99 Web Services reserves the right to suspend network access to any customer if in the judgment of the Host 99 Web Services network administrators the customer's web site is the source or target of the violation
of any of the other terms of the AUP or for any other reason which Host 99 Web Services 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 services were suspended.
Tos-17. Backups & Restores:
a) Host 99 Web Services provides the tools and resources needed to create offline / local backups of your site and its data, It is the responsibility of the customer to keep up-to-date backups of
there site and its data.
b) Host 99 Web Services does not currently utilize any off server / remote backup services and is not responsible for any lost of data or profit.
c) We perform routine daily, weekly and monthly backups of all users data. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups.
d) Host 99 Web Services is not responsible for any users data and all users are encouraged to perform their own daily backups, if a user experiences data loss due to there own doing, Host 99 Web
Services may charge a one-time $75 restoration fee per incident that requires a backup to be restored to a users account, in most cases Host 99 Web Services prefers not to impose any extra charges on the customers
for this service.
Tos-18. Indemnification:
Customer agrees that it shall defend, indemnify, save and hold Host 99 Web Services harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Host
99 Web Services, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or
assigns.
Customer agrees to defend, indemnify and hold harmless Host 99 Web Services against liabilities arising out of;
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with Host 99 Web Services;
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
(3) copyright infringement and
(4) any defective products sold to customers from Host 99 Web Services's server.
Tos-19. Miscellaneous Provisions:
You must provide us with, and keep current, good contact information for you. E-mail and telephone contacts are used, in that order of preference.
a) 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.
b) 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.
c) Host 99 Web Services takes no responsibility for any material input by others and not posted to the Host 99 Web Services servers by Host 99 Web Services. Host 99 Web Services is not responsible
for the content of any other web sites linked to the Host 99 Web Services servers and web sites; links are provided as Internet navigation tools only. Host 99 Web Services 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.
d) Host 99 Web Services is not responsible for any damages your business may suffer. Host 99 Web Services does not make implied or written warranties for any of our services. Host 99 Web Services
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 Host 99
Web Services
e) Whereas Adult material is permitted It is absolutely forbidden to host any pornographic material that is considered to be unlawful, obscene, harassing, threatening, abusive, libelous or
hateful, This will be determined at our sole discretion and accounts found hosting this material will be subject to immediate cancellation without refund. If you are unsure as to whether your content is permitted
then please email our support team.
Tos-20. Responsibility for Content:
You, as the Host 99 Web Services customer, are solely responsible for the content stored on and served by your Host 99 Web Services web site.
Tos-21. Changes to the TOS:
Host 99 Web Services reserves the right to amend its policies at any time. All resellers and webmasters of Host 99 Web Services must adhere to the above policies. Failure to follow any term or condition will be
grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or
stricter Terms and conditions or otherwise called Acceptable Terms of use policy.
Acceptable Use Policy:
Host 99 Web Services, [hereafter referred to as "Host 99 Web Services " or the "Company"] Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding
of what Host 99 Web Services expects of them while using the service. All users of The Company'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 Host 99 Web Services services constitutes acceptance and agreement to The Company's AUP as well as The Company's TOS (Terms of Service).
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. Host 99 Web Services 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 your Host 99 Web
Services account WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understanding of The Company's Acceptable Use Policy.
The following are guidelines for the establishment and enforcement of The Company'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.
Host 99 Web Services intends to provide its customers access to everything the Internet has to offer. While Host 99 Web Services is firmly committed to the principles of free speech, however certain a ctivities that may be damaging to the resources of both Host 99 Web Services and the Internet cannot be permitted under the guise of free speech. The resources of Host 99 Web Services 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 web site to publish material, which Host 99 Web Services 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 Host 99 Web Services 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 behaviour 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
VIOLATIONS OF Host 99 Web Services'S ACCEPTABLE USE POLICY
Aup-1. Illegal use:
The Company's services may not be used for illegal purposes, or in support of illegal activities. Host 99 Web Services reserves the right to cooperate with legal authorities and/or injured third parties in the
investigation of any suspected crime or civil wrongdoin
Aup-2. Harm to minors:
Use of the Host 99 Web Services service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
Aup-3. Threats:
Use of the Host 99 Web Services service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
Aup-4. Harassment:
Use of the Host 99 Web Services service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
Aup-5. Fraudulent activity:
Use of Host 99 Web Services 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.
Aup-6. 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.
Aup-7. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM):
Use of the Host 99 Web Services 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
Host 99 Web Services account. Anyone hosting websites or services on their web site that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their web site
immediately suspended on our servers. The web site will not be re enabled until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us
access to the account/server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the web site from our servers without notice to the customer.
Any web site guilty of a second violation WILL be immediately and permanently removed from our servers without notice.
Aup-8. 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 Host 99 Web Services account.
Aup-9. E-mail / Message Forging:
Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Host 99 Web Services service is in violation of this AUP.
Aup-10. Usenet SPAMING:
Host 99 Web Services has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing
list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
Aup-11. Unauthorized access:
Use of the Host 99 Web Services service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of The Company's or another entity's computer software
or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in thecorruption or loss of data, is expressly prohibited and the offending Host 99 Web Services
account is subject to immediate termination.
Aup-12. Copyright or trademark infringement:
Use of the Host 99 Web Services Network 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.
Aup-13. Collection of personal data:
Use of the Host 99 Web Services Network to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
Aup-14. Network disruptions and unfriendly activity:
Use of the Host 99 Web Services Network for any activity which affects the ability of other people or systems to use Host 99 Web 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 Subscriber's to ensure that their web site is configured in a
secure manner. A Subscriber may not, through action or inaction, allow others to use their web site for illegal or inappropriate actions. A Subscriber may not permit their web site, through action or inaction, to be
configured in such a way that gives a third party the capability to use their web site 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. Host 99 Web Services 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.
Aup-15. Fraud:
Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
Aup-16. 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.
Aup-17. 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 offence will result in the immediate
termination of the offending account.
Aup-18. Inappropriate Use of Software:
Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Host 99 Web Services services could result in suspended service.
Aup-19. Third Party Accountability:
Host 99 Web Services 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.
Aup-20. IRC networks:
It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Accounts found to be connecting to or part of these networks will be immediately removed from our
servers without notice. The web site will not be reactivated until such time that you agree to completely remove any and all traces of the IRC server, and agree to let us have access to your web site to confirm
that the content has been completely removed. Any web site guilty of a second violation will result in immediate account termination.
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. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password
- 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. Host 99 Web Services 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
Some of Host 99 Web Services 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 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 Host 99 Web Services systems or networks. Host 99 Web Services reserves the right to terminate or limit such activities.
REPORTING VIOLATIONS OF Host 99 Web Services'S AUP
Host 99 Web Services requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department
If available, please provide the following information:
- The IP and / or Url 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. Host 99 Web Services may take any one or more of the following actions in response to complaints:
- Issue written or verbal warnings- Suspend the Member's newsgroup and/or forum posting privileges
- Suspend the Member's account- Terminate the Member's account
- Bill the Member for administrative costs and / or reactivation charges
- Bring legal action to enjoin violations and / or to collect damages, if any, caused by violations
REVISIONS TO THIS ACCEPTABLE USE POLICY
Host 99 Web Services 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
This Document was Revised on January 1, 2011
