Terms & Conditions

Host 99 Web Hosting's terms of service are designed to be protect our investment and your own investment with your website or business. Please read this page carefully prior to ordering services from us, and make sure you understand what it says. It's a good faith binding agreement and requirements between Host 99 and you. If you have any questions about what you see on this page, please feel free to contact us.

SIGNING UP FOR THE SERVICES CREATES A GOOD FAITH CONTRACT BETWEEN YOU AND US, CONSISTING OF THE ORDER, THE APPLICABLE SERVICE DESCRIPTION AND THIS USER AGREEMENT. YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING OUR ACCEPTABLE USE POLICY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.

Host 99 Web Services may disclose your personal information to third parties who work on behalf of Host 99 Web Service 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 fulfill the purposes identified above or as required by law.

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 are not paid on the due date will be suspended until payment has been received and will be charged a 5% late fee. Accounts overdue by 24 hours or more will be terminated 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 Certificates all account holders wishing to cancel within the 30 days must request cancellation within 15 days of the invoice generation date. If you are using a SSL discounted by our loyalty program the SSL is not transferable 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 transferable 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 guarantee 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 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.

Refunds of any design fees may be issued on accounts cancelled prior to completion of the design according to the following schedule:

• A minimum of a 25% cancellation fee will be retained by Host-99 on cancelled accounts even if no web hosting has been started and no content yet submitted by the Client.
• A minimum of a 50% cancellation fee will be retained by Host-99, on cancelled accounts if the web hosting has been presented to the Client; or Host-99 has made multiple attempts to work with the Client, and Client has not responded to those attempts.
• A minimum of a 75% cancellation fee will be retained by Host-99 if the first round of changes and modifications, requested by the Client, has been completed by Host-99, LLC. Including but not limited to, research and attempots of installed software not listed as auto installed software by our cPanel platforms.
• A 100% cancellation fee will be retained by Host-99 and NO REFUND issued after the second round of changes and modifications, requested by the Client, has been completed by Host-99, LLC. No Refund will be issued on any website cancelled after services have been rendered, including but not limited to, the design work having been completed and/or the website taken live.

MINIMUM CANCELLATION FEE – Client agrees that a minimum cancellation fee of 25% will be retained by Host-99 on all cancelled accounts even if no web hosting has been started. The cancellation fee is charged to compensate Host-99 for up-front expenses and services rendered, including but not limited to, costs incurred for the purchase of domain name(s) for rearching software for the cusotmers website, securing server space, creating the temporary website or space saver, employee expenses, marketing, and overhead costs.

The purpose of this chargeback policy is to recover operating expenses incurred from protecting the company’s financial well-being from those individuals who would take financial advantage of our services instead of utilizing our easy refund policy.

What is a chargeback?
When a bank forcibly reverses a credit card transaction, returning funds to the cardholder, it is known as a chargeback. Consumers may request a chargeback for nearly any reason. As a result, it is possible to commit "friendly fraud": a credit card industry term used to describe a consumer who makes an Internet purchase with his/her own credit card and then issues a chargeback through his/her card provider after receiving the goods or services.

How does Host-99 handle chargebacks?
Host-99 considers chargebacks and any kind of disputes through payment processors to be fraud if a customer has made no reasonable effort to work with us to resolve any problems with a purchase. In other words, we expect our customers to follow our refund policy instead of issuing a chargeback or opening a dispute, and chargebacks/disputes are always considered to be fraud. Fraudulent chargebacks may be turned over to a law enforcement or collection agency.

What happens while a chargeback is being processed?
We will suspend the account temporarily until the charge-back is resolved. If the resolution is not in our favor we will immediately terminate the account. Once termination has been activated we turn over the charge-back to a collection agency. Host-99 is a recognized and certified web host provider. We supply all services to their fullest when the service is active. If you have any questions regarding this policy you may contact us at 1-800-762-2365 or by email to one of our Billing specialists.

Since fraudulent purchases are often associated with malware and phishing, immediate termination of all services related to the charge-back is required to prevent possible damage. When Host-99 receives a charge-back notice, the account in which the service was purchased is immediately blocked, and all related services in the account are terminated. Please, be advised, that a customer must reverse the charge-back in order to restore a blocked account. This returns the initial funds to us, cancels the penalty fee we receive for "allowing" fraud to be committed, and generally erases any "black marks" against us for the transaction. We do not accept additional payment for services on a different card.

All charge-backs not only cost our employees time away from our usual and customary matters of conducting normal business, but cost us money. Therefore, you agree that if you, the buyer, choose to do business with Host-99, and you issue a charge-back, and you do not win the charge-back argument, you agree to pay us $35.00 for our time responding to the matter. You, the buyer, authorize us to charge this amount to your account balance or credit card after the processing has been completed.

How do I cancel a charge-back or dispute?
To cancel a charge-back, you must contact your credit card provider and issue a charge-back reversal. To cancel an open dispute you must contact the online payment processor and close your dispute.

The following services and products including custom ordered services are absolutely not refundable for any reason:

• Web Development (Of Any Kind)
• ALL Dedicated Servers (Single Machines)
• Web Design (Of Any Kind)
  
• Domain Registrations or Transfers
  
• SSL Certificates
  
• Hosting Fees (After the Money Back Guarantee Expiration)
  
• Late Fees (For Any Service)
  

Tos-5A. SSL Purchases (PCI Accounts ONLY) (Updated 01/24/2103):
Any and all SSL products purchased from Host 99 are strictly non refundable or non-transferable. All SSL products that have already been compiled and installed onto any Host 99 network, server infrastructures cannot be transferred to another host provider. ALL PCI regulated accounts are encrypted with a specific encryption (PCI Bundle) developed by Host 99 PCI technicians to work with all SSL products provided by Host 99. PCI Bundles are licensed ONLY to Host 99 Servers. If you have any questions or concerns with this section. Please contact a support representative for more information.

Tos-5B. Non-profit and Donations Refund Policy:
Host-99 welcomes all non-profit organizations with valid and verified 501(c)(6) documentation kept on record. In the case of the non-profit status we offer discounts to help the organization to succeed with their charity. In the event of all documents being verified all discounts offered, funds paid on any service including hosting, SSL Certificates and Domains or any service of any kind are final. Do to the circumstance the discounts offered have been met with the costs of the service at no profit rate by our company or partners. All funds paid cannot be refunded in the event of cancellation. We require the non-profit organizations to sign with verification and require a digital signature on file in order to offer this service to a non-profit organization. With signature on file you as the administrator of the charity agrees to forfeit any funds paid after the 45-Day Money back Guarantee as expired in an even of a cancellation for any reason as funds paid are at non-profit rates and is at full costs of the service only. This applies to Monthly, Quarterly, Semi-Annual and Annual agreements. If any organizational has questions before proceeding with any new service please contact us and our sales specialists will discuss your options.

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: Custom Services (Ex: Web Development, Software Repairs, Web Design)
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 file such as charge backs will result in immediate halt of service hosting or development and will result in reporting to all 3 Major Credit Agencies and file for credit deduction against your credit and possible legal action maybe assessed through the Host 99 Legal Department for capture of funds owed to Host 99

• Domain name registration fees or Domain itself. (Combination Packages)
  
• Sites deemed to be in violation of our Terms of Service Agreement
  
• Sites hosting illegal or copyrighted material
  
• Sites promoting the use of, or affiliated with Warez, Cracks, KeyGens, etc.
  
• Sites featuring illicit illegal material including child pornography
  
• Sites featuring counterfeit goods or knock off products
  
• Sites being used for credit card phishing, or consumer financial schemes
  
• Sites or e-mail services being used for mass advertising or 'SPAM' purposes.
  
• 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 canceled. All account information must be included in the cancellation request, email requests for canceling accounts must be with at least 15 days on all services. Any cancellation requests after the 15 day period are not eligible for a refund. Your signature at purchase puts you the 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. If any service is unpaid and canceled we reserve the right to put that service into collections for attempts to collect.

Tos-8. 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-9. 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

• Host 99 Web Services provides support related to your web site's physical functioning.
  
• 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.
  
• Host 99 only offers PCI support to the customers subscribe any other party outside the Host 99 Network will not be supported no exceptions.
  
• 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-10. 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, web masters 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.

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.

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.

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-11. Resource Usage:

User may not:

• Use 5% or more of system resources for longer than 90 seconds that are hosted on any "Shared or Reseller Hosting Packages" This includes PCI Shared and VPS. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
  
• Use 10% or more of system resources for longer than 90 seconds that are hosted on any "Semi Dedicated Level 1 Hosting Packages".
  
• Use 20% or more of system resources for longer than 90 seconds that are hosted on any "Semi Dedicated Level 2 Hosting Packages".
  
• Use 30% or more of system resources for longer than 90 seconds that are hosted on any "Semi Dedicated Level 3 Hosting Packages".
  
• Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
  
• Run any software that interfaces with an IRC (Internet Relay Chat) network.
  
• 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.
• Participate in any file-sharing/peer-to-peer activities
  
• Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
  
• Run cron entries with intervals of less than 15 minutes
  

Account storage is to be used for web hosting purposes only and not personal storage. 50MiB files is max for business related reasons only. Be advised action will be taken if found to cause issues with the servers. If you need larger storage for your business please consider our Dedicated Plans or PCI Dedicated Plans to avoid any interruptions.

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-12. 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.php file is 1 INODE. A directory called homework is counted as 1 INODE as well.

Tos-13. 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 actions 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 h 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:

• 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 newsgroup posting.
  
• Taking any action in order to obtain services to which such User is not entitled.
  

Tos-14 Notification of Violation:

• 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.
  
• 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, warning 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.
  
• 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.
  
• 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-15. 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 website is the source or target of then 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-16. Backups & Restores:
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.
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.

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.

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 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-17. Indemnification:
You agree to indemnify, defend and hold harmless Host 99, and its parent, subsidiary and affiliated companies, third party service providers and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and collectively, "indemnified parties") from and against any and all claims, damages, losses. liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys' fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of, or relating to: (i) your use of the Services; (ii) any violation by you of any of Host 99's policies; (iii) any breach of any of your representations, warranties or covenants contained in this Agreement; or (iv) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement. For the purpose of this paragraph only, the terms used to designate you include you, your customers, visitors to your website, and users of your products or services the use of which is facilities by Host 99.

• any injury to person or property caused by any products sold or otherwise distributed in connection with Host 99 Web Services;
  
• any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
  
• copyright infringement and
  
• any defective products sold to customers from Host 99 Web Service's server.
  

Tos-18. 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 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.
  
• 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.
  
• 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
  
• 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-19. 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 hosted web site. It is you (The Customers) responsibility to backup your database, files, directories, images or any file you may have stored within your account. In the case of a server crash or hardware failure, software updates, PCI Compliance updates or any other updated required to keep performance and accuracy of security. Host 99 technicians or administrators and partners are not responsible if any data is lost. Due to lack of failure to backup or store files and databases locally to your own personal storage such as a personal computer, external hard drive or server.. We HIGHLY recommend you back up these commodities frequently using our supplied tools such as FTP, phpMyadmin, and if available for your hosting plan the backup feature inside your hosting account.

Tos-20. Changes to the TOS:
Host 99 Web Services reserves the right to amend its policies at any time. All resellers and web masters 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.

New Accounts / Fraud Screening

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 parties in the investigation of any suspected crime or civil wrong doing.

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 re-mailers 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 the corruption 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.

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 Host 99 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 activities 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 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

OTOSI Section 1: 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.

1. Your password provides access to your account. It is your responsibility to keep your password secure
2. 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.
   
3. Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
   
4. 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
   
5. 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.
   
6. 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.
   
7. 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.

Section 2: 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.

OTOSI Section 3: Limitation of Liability

Section 3-1: YOU ALSO ACKNOWLEDGE AND ACCEPT THAT ANY DAMAGES WILL BE LIMITED TO NO MORE THAN THE FEES PAID BY YOU FOR ONE (1) MONTH OF SERVICE.

Section 3-2: UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL A HOST 99, ITS OFFICERS, AGENTS OR THIRD PARTIES PROVIDING SERVICES THROUGH A HOST 99, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU, ANY OF YOUR END USERS OR ANY THIRD PARTY; OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO A HOST 99 RECORDS, PROGRAMS OR SERVICES. YOU AGREE THAT THIS PARAGRAPH APPLIES EVEN IF A HOST 99 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENTS ON ALL SERVERS AND ALL SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; YOU AGREE THAT IN THOSE JURISDICTIONS, HOST 99'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Section 4: Governing Law and Disputes
This agreement shall be governed by the laws of the State of Kentucky, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. Exclusive venue for all disputes arising out of or relating to this Agreement shall be the state and federal courts in Mason County, Kentucky, and each party agrees not to dispute such personal jurisdiction and waives all objections thereto.

Section 5: Policies Regarding E-mails, Logs, File Tracking
Host 99 will not produce the content of e-mail or server logs, as the Electronic Communications Privacy Act, 18 U.S.C. §2701 et seq., prohibits an electronic communications service provider from producing the contents of electronic communications, even pursuant to subpoena or court order, except in limited circumstances. Host 99 's e-mail servers do not retain deleted or sent e-mail. Host 99 reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the Host 99 e-mail address is related to the pending litigation and the underlying subpoena.

Section 6: CLIENT RESPONSIBILITY
With respect to the provisions set forth in ALL Sections of this Agreement, the client will be held responsible for any and all actions performed by the Client's account, whether it be done by the Client or by others. Including hacking, exploiting, negligence, deletion, lost or found.. Host 99 is NOT responsible for any loss of revenue due to negligence for any action done by the customer or their employees, enemies, hackers, exploiters, software intrusion or server failures. This includes PCI Account holders, shared accounts, dedicated servers, VPS accounts, email accounts, VPN accounts and any service provided by Host 99 are free and clear of all damages. Neither party shall be liable for any delay or failure in performance due to events outside the defaulting party's reasonable control, including, without limitation, acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failure of telecommunication carriers, or delays of common carriers, hackers, exploiters, software intrusion or server failures or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day-to-day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible but in no event less than ten (10) days from the beginning of the event.