HastyHost's Company Terms of Service ("TOS") is provided
to give our customers and users a clear understanding of
what HastyHost expects of them while using the service.
All users of HastyHost's Company 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 TOS and
our TOS (Terms of Service).
Use of
HastyHost Service constitutes acceptance and agreement
to HastyHost's Company TOS.
*All hosting payments To
HastyHost Are Non-Refundable With the Exception of the
1st payment, which carries a 30-Day money back
guarantee* Managed servers are excluded from this
guarantee.
*All Special hosting
offers, including LifeTime Plans, have 7-Day money back
guarantee*
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 this TOS, we may remove any materials
that, in our sole discretion, may be illegal, may
subject us to liability, or which may violate this TOS.
HastyHost 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 TOS may result in the suspension or immediate
termination of either your HastyHost account or other
actions WITHOUT
PRIOR NOTICE.
Special
offers dealing with LifeTime plans are only usable while
HastyHost.com is still up and running. If HastyHost.com
shall discontinue it's services, the LifeTime plan will
be discontinued also, with no renewal. HastyHost.com
cannot be held respsonsible if all files hosted on the
account are deleted with the termination of
HastyHost.com. HastyHost.com may suspend or terminate
any account at any time WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understand
of HastyHost's Company Terms of Service. The following
are guidelines for the establishment and enforcement of
HastyHost's Company TOS:
·
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
HastyHost intends to provide its customers access to
everything the Internet has to offer. While the
HastyHost is firmly committed to the principles of free
speech, certain activities that may be damaging to the
resources of both the HastyHost and the Internet and
cannot be permitted under the guise of free speech. The
resources of the HastyHost 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 CPU 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 virtual site to publish material,
which HastyHost 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 HastyHost account is used to violate the Terms of
Service, 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 Terms of
Service 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.
VIOLATIONS OF
the HastyHost Terms of Service
The following constitute violations of this TOS:
Illegal use:
HastyHost's Company services may not be used for illegal
purposes, or in support of illegal activities. HastyHost
reserves the right to cooperate with legal authorities
and/or injured third parties in the investigation of any
suspected crime or civil wrongdoing.
Harm to minors:
Use of the HastyHost service to harm, or attempt to
harm, minors in any way, including, but not limited to
child pornography.
Threats:
Use of the HastyHost service to transmit any material
(by e-mail, uploading, posting or otherwise) that
threatens or encourages bodily harm or destruction of
property.
Harassment:
Use of the HastyHost service to transmit any material
(by e-mail, uploading, posting or otherwise) that
harasses another.
Fraudulent activity:
Use of HastyHost service to make fraudulent offers to
sell or buy products, items, or services, or to advance
any type of financial scam such as "pyramid schemes," "ponzi
schemes," and "chain letters."
Forgery or impersonation:
Adding, removing or modifying identifying network header
information in an effort to deceive or mislead is
prohibited. Attempting to impersonate any person by
using forged headers or other identifying infrmation is
prohibited. The use of anonymous remailers or nicknames
does not constitute impersonation.
Unsolicited commercial e-mail / Unsolicited bulk e-mail
(SPAM) Use of the HastyHost 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
HastyHost account.
IMPORTANT NOTICE:
BEGINNING
IMMEDIATELY, anyone hosting websites or
services on our server that support spammers or cause
any of our IP space to be listed in any of the various
Spam Databases will have their server immediately
removed from our network. The server will not be
reconnected 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 server
to confirm that all material has been
COMPLETELY
removed. Severe violations may result in immediate and
permanent removal of the server from our network without
notice to the customer. Any server guilty of a second
violation WILL
be immediately and permanently removed from our network
without notice.
BitTorent(tm) Sites:
Anything that has to do
with BitTorent is not allowed. All transfer numbers, and
port numbers that torrents or BitTorrents use, are not
allowed. No unauthorized data transfer from these ports
without server administrators approval. i6881-6999/TCP,
UDP are not allowed. 6969/TCP BitTorrent tracker port is
not allowed.
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 HastyHost
account.
E-mail / Message Forging:
Forging any message header, in part or whole, of any
electronic transmission, originating or passing through
the HastyHost service is in violation of this TOS.
Usenet SPAMing:
HastyHost 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.
Unauthorized access:
Use of the HastyHost service to access, or to attempt to
access, the accounts of others, or to penetrate, or
attempt to penetrate, security measures of HastyHost's
Company 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 HastyHost account is
subject to immediate termination.
Copyright or trademark infringement:
Use of the HastyHost service to transmit any material
(by e-mail, uploading, posting or otherwise) that
infringes any copyright, trademark, patent, trade secret
or other proprietary rights of any third party,
including, but not limited to, the unauthorized copying
of copyrighted material, the digitization and
distribution of photographs from magazines, books, or
other copyrighted sources, and the unauthorized
transmittal of copyrighted software.
Collection of personal data:
Use of the HastyHost service to collect, or attempt to
collect, personal information about third parties
without their knowledge or consent.
Network disruptions and unfriendly activity:
Use of the
HastyHost service for any activity which affects the
ability of other people or systems to use HastyHost
Services or the Internet. This includes "denial of
service" (DOS) attacks against another network host or
individual user. Interference with or disruption of
other network users, services or equipment is
prohibited. It is the Member's responsibility to ensure
that their network is configured in a secure manner. A
Subscriber may not, through action or inaction, allow
others to use their network for illegal or inappropriate
actions. A Subscriber may not permit their network,
through action or inaction, to be configured in such a
way that gives a third party the capability to use their
network in an illegal or inappropriate manner.
Unauthorized entry and/or use of another company and/or
individual's computer system will result in immediate
account termination. HastyHost will not tolerate any
subscriber attempting to access the accounts of others,
or penetrate security measures of other systems, whether
or not the intrusion results in corruption or loss of
data.
Fraud:
Involves a knowing misrepresentation or misleading
statement, writing or activity made with the intent that
the person receiving it will act upon it.
Infringement of Copyright, Patent, Trademark, Trade
Secret, or Intellectual Property Right:
Distribution and/or posting of copyrighted or the
aforementioned infringements will not be tolerated.
Distribution of Viruses:
Intentional distributions of software that attempts to
and/or causes damage, harassment, or annoyance to
persons, data, and/or computer systems are prohibited.
Such an offense will result in the immediate termination
of the offending account.
Inappropriate Use of Software:
Use of software or any device that would facilitate a
continued connection, i.e. pinging, while using
HastyHost services could result in suspension service.
Downloads:
In
order to maximize uptime on our servers, downloads of
any kind (media, backups, warez, etc.) that utilize
more than 10% CPU resources are forbidden.
Third Party Accountability:
HastyHost subscribers will be held responsible and
accountable for any activity by third parties, using
their account, that violates guidelines created within
the Terms of Service.
Violation Of HastyHost Virtual Accounts:
It is absolutely forbidden to host illegal pornographic
content whereas the subjects are under the age of
majority, or IRC servers on Virtual Server Accounts.
Virtual Server Accounts found hosting this material will
be subject to immediate cancellation without refund.
IRC networks:
It is absolutely forbidden to host an IRC server that is
part of or connected to another IRC network or server.
Servers found to be connecting to or part of these
networks will be immediately removed from our network
without notice. The server will not
be reconnected to the network 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 server
to confirm that the content has been completely removed.
Any server 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 client,
friend, family member, guest or employee. Therefore, you
must take steps to ensure that others do not gain
unauthorized access to your account. In addition, you
may not use your account to breach security of another
account or attempt to gain unauthorized access to
another network or server.
·
Your
password provides access to your account. It is your
responsibility to keep your password secure.
·
Sharing your password and account access with
unauthorized users is prohibited. You should take care
to prevent others from using your account since you will
be held responsible for such use.
·
Attempting to obtain another user's account password is
strictly prohibited, and may result in termination of
service.
·
You
must adopt adequate security measures to prevent or
minimize unauthorized use of your account.
·
You
may not attempt to circumvent user authentication or
security of any host, network or account. This includes,
but is not limited to, accessing data not intended for
you, logging into or making use of a server or account
you are not expressly authorized to access, or probing
the security of other networks. Use or distribution of
tools designed for compromising security is prohibited.
Examples of these tools include, but are not limited to,
password guessing programs, cracking tools or network
probing tools.
·
You
may not attempt to interfere with service to any user,
host or network ("denial of service attacks"). This
includes, but is not limited to, "flooding" of networks,
deliberate attempts to Overload a service, and attempts
to "crash" a host.
·
Users
who violate systems or network security may incur
criminal or civil liability. HastyHost 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.
Indemnification
Customer
agrees that it will protect, indemnify, save and hold
HastyHost Inc. harmless from any and all
stipulations, liabilities, losses, expenses and claims,
as well as reasonable attorney's fees assessed against
HastyHost Inc., its agents, customers, officers,
employees and administration that may arise or result
from any service provided or performed or agreed to be
performed or any product sold by it's customers, agents,
employees or assigns. Customer agrees to defend,
indemnify and hold HastyHost Inc. harmless
against liabilities arising out of; (1) any injury to
person or property caused by any products sold or
distributed in association with HastyHost Inc.'s
Services; (2) the loss of any electronic files furnished
by customer (Or customer's customer); (3) copyright
violation and any defective products sold to a customer
from HastyHost Inc.'s Services.
Waiver
Customer agrees that the waiver of any breach, or the
failure to enforce these terms and conditions, at any
time, shall not in any way affect, limit, or waive the
right of HastyHost Inc. to thereafter to enforce
and compel strict compliance by the other party
regarding any of these terms and conditions.
Network Performance
HastyHost virtual site and reseller accounts operate on
shared resources. Excessive use or abuse of these shared
network resources by one customer (eg. in excess of 10%
CPU usage) 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 HastyHost systems or networks. HastyHost
reserves the right to terminate or limit such activities
REPORTING
VIOLATIONS OF HastyHost TOS
HastyHost requests that anyone who believes that there
is a violation of this TOS direct the information to the
abuse department at support@hastyhost.com.
If available, please provide the following information:
·
The IP
address used to commit the alleged violation
·
The
date and time of the alleged violation, including the
time zone or offset from GMT
·
Evidence of the alleged violation
E-mail
with full header information provides all of the above,
as do system log files. Other situations will require
different methods of providing the above information.
HastyHost may take any one or more of the following
actions in response to complaints:
·
Issue
written or verbal warnings
·
Suspend the Member's newsgroup 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, cause by violations
REVISIONS TO THIS Terms of Service
HastyHost reserves the right to revise, amend, or modify
this TOS, and our other policies and agreements at any
time and in any manner. |