This agreement is between hostmeister.comLLC (hereinafter referred to as PROVIDER), and the on-line individual or entity who is applying for Web Hosting and other Services, (hereinafter referred to as CLIENT). CLIENT agrees to an subscription service, which will be automatically billed on a recurring basis until the service is explicitly cancelled by either CLIENT or PROVIDER. CLIENT acknowledges that all information provided by CLIENT is true and correct to the best of CLIENT’s knowledge. CLIENT agrees that the act of submitting a service request either in writing or via phone call constitutes acceptance of all terms and conditions associated with the services applied for and that the act of email submission shall be in lieu of written signature.
CLIENT will use PROVIDER’s services in a manner consistent with all applicable local, state, and federal regulations and laws. CLIENT agrees to pay and authorizes PROVIDER to bill all fees due using the information provided by CLIENT at the time of application.
PROVIDER will not be responsible for any damages suffered by CLIENT. PROVIDER’S service is provided on an “as is, as available” basis. PROVIDER gives no warranty, expressed or implied, for the PROVIDER’s services, including without limitation, any warranty of merchantability or warranty of fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by PROVIDER and its employees. Any damages incurred by CLIENT due to disruption of service by PROVIDER or its providers shall be expressly limited to the fees paid by CLIENT to PROVIDER for services and shall under no circumstances include reimbursement for losses of income or other consequential damages claimed by CLIENT.
CLIENT agrees that it shall defend, indemnify, save and hold PROVIDER harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against PROVIDER, 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, it’s agents, employees or assigns. CLIENT agrees to defend, indemnify and hold PROVIDER harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with a PROVIDER server; (2) any material supplied by CLIENT infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.
PROVIDER expects that its CLIENTS will fully comply with all applicable laws. A customer’s failure to comply with those laws will violate this policy. Finally, PROVIDER wishes to emphasize that in accepting services, CLIENTS indemnify PROVIDER for the violation of any law or PROVIDER policy that results in loss to PROVIDER or the bringing of any claim against PROVIDER. This means, among other things, that if PROVIDER is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against PROVIDER plus costs and reasonable attorneys’ fees.
Effective use of PROVIDER’s services presumes a certain degree of knowledge and skill on the part of the CLIENT. For example, it is presumed that CLIENT possesses at least a rudimentary knowledge of Internet-related processes and software applications such as e-mail, FTP, and web-browsing. Creating and publishing a web site on PROVIDER’s servers will require some knowledge of either HTML programming or the use of HTML editors, such as Microsoft FrontPage. Certain advanced applications may require a certain level of competence with script programming applications. In lieu of already-established knowledge and skill levels, patience, a desire and ability to learn, and perhaps a little courage will be required. PROVIDER will not be held responsible for CLIENT’s inability to use PROVIDER’s services due to CLIENT’s lack of the requisite knowledge and skills.
PROVIDER relies on e-mail as the primary means of notifying CLIENTs of important system news, problems with CLIENTs’ accounts or usage of those accounts, billing problems, etc. Any notifications will be e-mailed to CLIENT domain’s primary e-mail address and/or to the contact e-mail address provided by CLIENT upon application for services. CLIENT agrees to monitor these e-mail addresses on a regular basis and to respond promptly, if required, to any notifications. CLIENT agrees to notify PROVIDER of any changes to CLIENT’s physical or e-mail address, telephone numbers, etc.
These policies may change with or without notice. CLIENT agrees to comply with these policies in their current and future state. CLIENT agrees to periodically review published policies to ensure understanding of and compliance with current policies.
REFUSAL OF SERVICE
PROVIDER reserves the right to refuse or cancel service at PROVIDER’s sole discretion, with or without reason, with or without warning.
CLIENT expressly understands, acknowledges, and agrees that in submitting an application and paying for any and all services to be rendered by PROVIDER, CLIENT shall abide by all Terms and Conditions stated herein.
CLIENT agrees to submit to the jurisdiction of the applicable municipal, county, state or federal court of PROVIDER’s physical residence for any litigation, mediation, or arbitration which may arise from any dispute concerning any of the provisions herein. Controlling law shall be that of the State of PROVIDER’s residence. The prevailing party in any litigation hereunder shall be entitled to recover its reasonable attorney’s fees and court costs.
ACCEPTABLE USE POLICIES
All services may be used for lawful purposes only. Through PROVIDER’s Service, CLIENT may have access to chat areas, bulletin boards, web pages, email, or other services that enable CLIENT to send or post materials (“content”) and make that content available to others. CLIENT must not submit, publish, or display on the Network any defamatory, inaccurate, abusive, obscene, infringing, or threatening content. In addition, CLIENT may not submit, publish, or display any content that violates any US Federal, State, or Local law. CLIENT is solely responsible for the content made accessible through the Network. CLIENT may not use the Service to assist any other person or entity to violate any Federal, State, or Local laws, ordinances, or regulations.
PROVIDER is not obligated to monitor the network to examine available content. CLIENT hereby acknowledges that if PROVIDER is made aware of content that is determined to be, in PROVIDER’s sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, PROVIDER has the right, but not the obligation, to edit, remove or deny access to such content. PROVIDER may disclose any content or records concerning CLIENT’s account as required to satisfy any law, regulation, governmental request or court order.
Pornography and sex-related merchandising are prohibited on all servers. This includes sites that may infer sexual content, display nudity, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to PROVIDER’s servers or any other server on the Internet. Links to such materials are also prohibited. In addition, any site selling or promoting bulk e-mail service is not allowed.
EXAMPLES OF PROHIBITED SERVICES
The following content and activities may not be displayed or promoted by CLIENT nor associated in any way with CLIENT’s account or PROVIDER’s services. PROVIDER shall be the sole arbiter as to what constitutes violation of this provision.
•Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or local law.
•Copyrighted material used without permission.
•Material or activities judged by PROVIDER to be threatening, obscene, disparaging, or hate-related.
•Material protected by trade secret or other statute.
•Pornography, nudity, erotica, and sex-related merchandising, including sites that may infer sexual content, or link to adult content elsewhere unless you subscribed to an ADULT hosting plan.
•Content that promotes any illegal or prohibited activity.
•Content that may be damaging to PROVIDER’s servers or to any other server on the Internet.
•Pirated software (warez).
•Hacking/Phreaking – Includes sites with material, links, or resources for hacking, phreaking, viruses, anarchy, or any type of site that promotes or participates in willful harm to Internet sites or providers.
•IRC, IRC Bots, IRC BNC, etc.
•Promotion or sale of unsolicited or bulk e-mail (SPAM) software or services.
•Unsolicited or bulk e-mail or newsgroup posts (SPAM) which references and/or is traceable to PROVIDER and/or any CLIENT in any way.
•Illegally distributed MP3 media.
•Harassing, annoying, or otherwise interfering with any person’s, group’s, or organization’s use or enjoyment of the Internet experience.
•Links or reference to any of the above.
CLIENT may not use PROVIDER’s Network in an 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 the CLIENT, logging into a server or account the CLIENT is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. CLIENT may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. PROVIDER 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. Users who violate system or network security may incur criminal or civil liability.
BACKGROUND RUNNING APPLICATIONS
Background daemons in general are prohibited. PROVIDER will consider requests to allow these applications on a case-by-case review basis. If allowed, extra charges will be assessed based on resources and system maintenance needed.
Any web site that uses a high amount of server resources (such as, but not limited to CPU time, memory usage, and network resources) will be given an option of either upgrading their service level or reducing the resource used to an acceptable level.
INTERNET RELAY CHAT (IRC)
IRC, IRC bots, BNC, or MUDs may not be operated on PROVIDER’s servers.
UNSOLICITED E-MAIL (SPAM)
PROVIDER’s servers may not be the source, intermediary, or destination address involved in the transmission of unsolicited bulk e-mail (UBE), unsolicited commercial e-mail (UCE), spam, off-topic newsgroup posts, flames, or mail bombs. CLIENT’s domain may not be referenced or traceable in any way as a result of any of the above. PROVIDER reserves the right to refuse and/or cancel service to known spammers. PROVIDER reserves the sole right to determine what constitutes violation of this provision.
SPAM is any unsolicited e-mail, post, or facsimile in the newsgroup, e-mail, fax, or other electronic medium. Any unsolicited commercial email (no matter how relevant or important it may be) is spam; any unsolicited bulk email (commercial or not) is also spam. Mass and unsolicited are not concurrent conditions for spam. One and/or the other is sufficient. In the medium of newsgroups, spam is considered to be any off-topic posting and/or any identical posting to multiple newsgroups.
Any spam complaints received about CLIENT domains are addressed seriously. After investigation, if it is deemed by PROVIDER that spamming practices have indeed been utilized on PROVIDER’s servers, PROVIDER reserves the right to terminate a domain account immediately with no refund and to assess a $500 penalty per spam incident. CLIENT expressly accepts PROVIDER’s right to assess this penalty and agrees to its assessment and payment.
Clarification on UCE and UBE. Unsolicited commercial e-mail is, simply put, sending an email to someone you don’t personally know or a company you don’t have a relationship with. If you come upon e-mail addresses in a web site you visit, the simple existence of an e-mail address in a web-site does not imply acceptance of unsolicited commercial e-mails. A request for link reciprocation is just that, unsolicited and commercial. Unless, of course, a working relationship already exists between you and the other party. Unsolicited bulk e-mail is the sending of UCE to more than one recipient at a time.
Any attempts to undermine or cause harm to any server is strictly prohibited. This includes, but is not limited to attempting to gain access to password files other than your own, attempting to gain unauthorized access to other accounts on your server, or anything that causes server malfunction. Failure to comply is subject to immediate account deactivation without refund.
Please note that while ASP scripts and/or mSQL/mySQL code can unintentionally cause server malfunction, PROVIDER will make the final determination if the code was maliciously programmed. If the code was programmed incorrectly but not out of apparently malicious intent, PROVIDER will disable the program, but not cancel CLIENT’s account.
PROVIDER will make every reasonable effort to notify CLIENT of projected traffic overages prior to any action being taken to disable CLIENT’s account. However, PROVIDER reserves the right to disable CLIENT’s account without prior warning due to traffic in excess of the account allocation. In some cases, “unusual” traffic patterns will cause an automatic disablement of CLIENT’s account without warning.
Bandwidth usage is calculated on demand via web interface. A link to your statistics will be given to you with your confirmation email. If actual bandwidth usage exceeds the allocation, the account is automatically disabled; the CLIENT is notified via e-mail of the disablement, and is given the option of purchasing additional bandwidth to re-enable the account. CLIENT is not automatically charged for excess bandwidth usage without agreeing to the charges in advance. However, payment for excess bandwidth usage will be required before the account can be re-enabled.
While PROVIDER will make every reasonable effort to help CLIENTs with all of their questions, there are some times when PROVIDER must either refer CLIENT to the manual, or confess an inability to help. It is impossible for PROVIDER to support all of the countless 3rd party programs and configurations that are available to web developers and users today.
To assist CLIENT in knowing PROVIDER support boundaries, here’s a guideline to what’s supported and what’s not.
Server-Side Issues such as:
•FrontPage extension issues
•Web-based statistic questions
Client-Side Issues such as:
•Inability to connect to server space.
•Domain name registration/modification issues for current or prospective clients
What’s Not Supported:
•ASP-scripts – preinstalled or 3rd party
•Web Page development or programming unless billed separately
•3rd party software, including FrontPage and other HTML Editors
•Miva Merchant or Miva Order (support for these applications are provided by Miva Corporation directly.)
•Internic assistance when the domain in question is not hosted or will not be hosted on our servers.
BILLING & PAYMENT
Check payments are due 10 business days prior to the new hosting period.
All checks should be made payable to hostmeister.com LLC, and mailed to:
Las Vegas, Nevada, 89178
RETURNED (BOUNCED/NSF) CHECKS
CLIENT agrees to pay a $25 fee for each returned check. Service payments plus the returned check fee must be received by PROVIDER prior to expiration of the current hosting period to avoid account suspension or cancellation. PROVIDER will no longer accept check payments from any CLIENT with two instances of returned checks.
CREDIT CARD PAYMENTS
You can choose to use a credit card via Squareup. The online payment service does provide easy access without establishing an account for yourself. Simply request a payment link and we will email you the link to pay your invoice.
PAST DUE ACCOUNTS
All payments are due approximately 5 – 10 days prior to the start date of CLIENT’s account hosting period. If payment is not received by the due date, PROVIDER will send notifications/reminders via e-mail to CLIENT’s primary contact e-mail address. If CLIENT does not respond to that notification, the following actions will be taken:
•Account Suspension – Hosting Period Start Date
If CLIENT’s account is not paid in full by the hosting period start date, CLIENT’s account will be disabled — all web, e-mail, FTP, and other access to the account will be non-functional. The account will be reactivated within 10 days of the disablement, upon receipt of payment plus a $10.00 account reactivation fee.
•Account Cancellation – 10 days after Suspension
If payment is not received within 10 days after account suspension, the account will be queued for automatic cancellation and deletion.
•Account Reactivation After Cancellation
Once an account has been placed in the cancellation queue, it must remain disabled for at least 36 hours. After 36 hours, but before 7 days, CLIENT may request reactivation of the account by paying the account balance plus a $30.00 account restoral fee.
After the seventh day, the account is “officially” cancelled and all files associated with the account are permanently removed from the servers. At this point, the account cannot be reactivated, but CLIENT can request a “new” account for the domain. If necessary, files can be restored from tape backups and placed on the new account within 30 days of cancellation for the normal backup restoral fee of $50.
Waiver / Modification of Policy
PROVIDER may (or may not) choose to waive or modify the enforcement of this Past Due Accounts policy if CLIENT contacts PROVIDER prior to the payment due date to discuss alternative payment methods. PROVIDER always sends at least two e-mail notifications prior to account suspension. CLIENT mustrespond to those notifications in order to avoid automatic implementation of the above actions.
Except as provided by the 30-Day Satisfaction Guarantee, all payments are non-refundable.
PROVIDER maintains control and ownership of any and all IP numbers and addresses that may be assigned to CLIENT and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
CLIENT shall keep the rights of ownership and use of CLIENT’s domain name registration and files even if client changes providers under the condition that the CLIENT is current with all financial obligations towards PROVIDER.
In case of disputes regarding authority over domain names, PROVIDER will follow industry standard practice of giving ultimate authority to the domain name registrant.
PROVIDER maintains control and ownership of any copyright, proprietary and/or licensed software, scripts, programs, images, or other electronic data or media installed and/or provided by PROVIDER.