TOS

Introduction: This document (the "Agreement") sets forth the principles, guidelines and requirements of the Terms of Service of Hostech Support LLC, a Delaware Limited Liability Company (the "Company"), governing the use by the customer ("Customer") of Company's services and products ("Services and Products"). These Terms of Service define the scope and limitations of Company's obligations to the Customer and the Acceptable Use Policy of the Services and Products by Customer. Company retains the right to modify the Agreement at any time and from time to time and any such modification shall be automatically effective as to all customers when adopted by the Company and published at "www.hostechsupport.com/tos.htm". Company shall be the sole and final arbiter in regards to the interpretation of the Agreement. By utilizing Company's Services and Products, Customer agrees to be bound by the terms outlined in this Agreement.
Questions or comments regarding this document should be forwarded to the Company at the following address:
sales@hostechsupport.com

Compliance with the Law: Customer shall not post, transmit, re-transmit or store material on or through any of Services or Products which, in the sole judgment of Company (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons") or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Customer. Customer agrees to indemnify and hold harmless Company from any claims resulting from the use of the Services and Products which damages Customer or any other party. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.

Acceptable Use Policy: In order to protect the interest of its customers, Company has adopted an uncompromising policy towards parties whose actions could detract from Company's ability to serve its customers. Company believes the Agreement implements a fair policy geared towards protecting its many respectable customers, who should not be deterred by penalties to unlawful actions, while serving as a deterrent for unwanted parties who intend to misuse the Services and Products provided by Company.
In addition to the other requirements of the Agreement, Customer may only use the Services and Products in a manner that, in Company's sole judgment, is consistent with the purposes of such Services and Products. If Customer is unsure of whether any contemplated use or action is permitted, please contact Company as provided above.
Company will be the sole and final arbiter as to which actions constitute a violation or intention to violate the Agreement. Customers whose actions Company determines to be contrary to the Agreement may be subject to service charges, immediate account suspension or termination, legal action and/or any other type of fee or action that will be deemed appropriate by Company. A Customer, whose account Company suspends or terminates due to Customer's actions, will not be eligible to receive any type of refund or compensation. Acceptance of the Agreement, constitutes an acceptance of any fines, penalties, service charges and/or any type of recourse that Company, at its sole discretion, determines to be appropriate in case of misuse of its Services and Products.
By way of example, and not limitation, the following uses of the Services and Products are expressly prohibited.

General:

Actions that restrict or inhibit any Person, whether a customer of Company or otherwise, in its use or enjoyment of any of Company's Services or Products
Violations of the rights of any Person protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations, including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Customer.
Pornography and pornographic related merchandising are prohibited under all Company's services. This includes sites that include links to pornographic content elsewhere. Further examples of unacceptable content or links include pirated software, "hacker" programs, archives of "Warez Sites", IRC Bots, Egg Drop programs and any kind of illegal software or shareware. In addition, sites offering online gambling, casino functionality, sportsbook betting (including offshore), and Internet lotteries are prohibited.

Customer Support: Company promotes a mutually-professional relationship with its customers. Abusive, threatening, obscene or otherwise harassing communications with agents of Company, via telephone, Email, online chat or other means will result in immediate account termination not withstanding any other terms of this Agreement. Violation of this section or any other section of this Agreement will result in refund ineligibility.

Bandwidth and Utilization: Company provides high space and transfer limits in good faith to Customer so that Customer may create a website without fear of having to worry about surpassing said limits. While most customers will use the provided resources for their legitimate website needs, we recognize that others may try to take advantage of our offer and use the resources in ways for which they were not intended. In the best interests of our customers and in an effort to maintain the integrity of our service, the following common sense rules will apply:

Customer's account may only store the information and data that relates to his, her or its website;
Company's "traffic" and "storage" offer is intended for providing Company's customers with storage space and bandwidth for active web pages and cannot be used as a "storage space" for other files. All files stored on the storage space provided to Customer by Company must be part of Customer's website;
Customer may not resell or give away web space under a domain name, nor may Customer build websites that house "sub domain" websites on behalf of other companies, groups or individuals;
Customer may not use Customer's website to store web pages, files or data for other IP addresses or domain names, nor may Customer use website as a repository for file, data or "Warez group" download transfers.
Company does not permit websites which in Company's view are detrimental to the enjoyment of the Services and Products by Company's other clients, or are in the sole and final judgment of Company, detrimental to network or business operations.
The data transfer utilization limit provided by Company to Customer is 30 gigabytes per month. Company retains the right to automatically suspend the services provided to Customer upon reaching this limit.
Company may take whatever steps necessary to provide its services, to provide for the enjoyment of such services by all of Company's clients, and to ensure that certain clients do not utilize services to the detriment of other clients. Customers with websites that do not comply with these simple rules, will, at the discretion of Company, have their sites canceled and/or removed from Company's servers and have service charges assessed at the discretion of Company.

Mail:

Sending unsolicited commercial Internet messages (Spam), including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material, who were not previous customers of Customer or with whom Customer does not have an existing business relationship ("Email Spam").
Sending Spam referencing an Email address for any domain hosted by Company
Sending Spam referencing a domain hosted by Company
Sending Spam referencing an IP address hosted by Company
Posting advertisements on IRC, ICQ, or any other public chat system containing an Email address hosted by Company, a domain hosted by Company, or an IP address belonging to Company;
The Company will be the sole arbiter as to what constitutes a violation of these provisions.
Harassments whether through language, frequency or size of messages
Unauthorized use or forging of mail header information
Creating or forwarding "chain letters" or other "pyramid schemes" of any type
Use of unsolicited Email originating from within Company's network or networks of other Internet Service Providers on behalf of, or to advertise, any service hosted by Company, or connected via Company's network
Activities deemed to be unsolicited marketing efforts or otherwise harassing in any way

System and Network:

Executing any form of network monitoring which will intercept data not intended for Customer's account.
Circumventing user authentication or security of any host, network or account.
Introduction of malicious programs into Company's network or servers. For purposes of this section, "malicious programs" include, but are not limited to, viruses, worms, Trojans, adware, spyware and any other program that can cause unexpected harm to any entity.
Effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which Customer is not an intended recipient or logging into a server or account that Customer is not expressly authorized to access. For purposes of this section, "disruptions" include, but are not limited to, port scans, flood pings, packet spoofing and forged routing information.
Intentionally interfering with or denying service to any entity using any kind of "denial of service" attack.
Creating an "active" full time connection on a Company-provided account by using artificial means involving software, programming or any other method.
Any attempt to circumvent or alter monitoring, bandwidth tracking or utilization reporting, or other actions which have the effect of complicating the normal operational procedures of Company, including but not limited to altering, removing or in any way modifying or tampering with Company created log files.
Any action which Company determines, in its own judgment, will reflect poorly on Company or negatively impact its operations.
Any action which Company seems to be an unacceptable use of resources, business practice or otherwise unacceptable to Company.

If any provision of this Agreement shall be held invalid or unenforceable, all remaining provisions shall continue to be valid and enforceable. Any provision held to be valid and enforceable by a court if such provision was limited, then that provision shall be deemed to be valid and enforceable as written or construed with those limitations effective.

Billing:

Furnishing false or incorrect data on the order form, contract or online application, including fraudulent use of credit card numbers
Attempting to circumvent or alter the processes of any billing procedures or procedures to measure time, bandwidth utilization, or other methods to document "use" of Company's Services and Products.

Security:

Customer agrees to take all steps reasonable, necessary, and prudent to protect Customer's login ID and password.
Customer agrees not to attempt to undermine or cause harm to any server, software, system or customer of Company.
Uploading any kind of malicious program to a Company server will result in account termination, service charges and/or prosecution.

Technical Support: Customer acknowledges that Company will not be required to provide technical support for any software and/or script that Customer installs, whether manually or using tools provided by the Company. Customer also acknowledges that Company does not supply technical support for Microsoft FrontPage or any other website authoring tool. Company supplies technical support for web hosting issues only. Company shall be the sole arbiter as to what constitutes a "web hosting" issue.

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