Terms of Service
IN A NUTSHELL:
NO SITES THAT:
- Include, promote, or link to SEXUALLY
EXPLICIT material.
- Include, promote, or link to violence or
illegal activities.
- Include, promote, or link to material that
promotes or depicts discrimination based on
sexual orientation, race, gender, religion,
national origin, physical or mental
disability, or age.
- Include, promote, or link to material which
violate intellectual property rights or
material of such nature.
- And absolutely NO SPAMMERS. We will
terminate your account immediately, without
notice.
Any site found in violation of these terms
will be deleted from the server and no refund
given. Other than that, we are very
lenient as to what you can put on your site,
so have fun!
Introduction
This document (the “Agreement”) sets forth
the principles, guidelines and requirements of the
Terms of Service of HostingGlobe.com (the
"Company") governing the use by the
customer of services and products ("Services
and Products"). These Terms of Service have
been created to promote the integrity, security,
reliability and privacy of Company's facilities,
network, and Customer data contained within. The
Company believes it provides the best services in
the industry, and provides the following policies
in the best interests of the Company and the
Company's clients. The Company retains the right
to modify these Terms of Service at any time and
from time to time and any such modification shall
be automatically effective as to all customers
when adopted by Company and published here.
Company shall be the sole and final arbiter as the
interpretation of the following. By utilizing the
Company's services and products, the Customer
agrees to be bound by the terms herein outlined.
Questions or comments regarding this document
should be forwarded to the Company's customer
support dept.
Article I Hosting Agreement
1. Company will provide a web hosting
account as long as the client as a subscription
with HostingGlobe.com
2. 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 the
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. The Customer agrees to indemnify and
hold harmless the Company from any claims
resulting from the use of the services which
damages the 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.
3. Prohibited Uses of Services and Products
In addition to the other requirements of these
Terms of Service, Customer may only use the
Services and Products in a manner that, in the
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 the Company
as provided above. By way of example, and not
limitation, uses described below of the Services
and Products are expressly prohibited.
3.1. General
3.1.1. Pornography and pornographic related
merchandising are prohibited under all the
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",
game rooms or MUDs, IRC Bots, Egg Drop programs,
any kind of illegal software or shareware. In
addition, sites offering online gambling, casino
functionality, sportsbook betting (including
offshore), and internet lotteries are prohibited.
3.1.2. 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.
3.1.3. Actions that restrict or inhibit any
Person, whether a customer of Company or
otherwise, in its use or enjoyment of any of the
Company's Services or Products.
3.1.4. Giving away email addresses from your
domain to the general public. If you offer free
email addresses to people that are not directly
associated with the workings of the site, are not
related to you, or are not a personal acquaintance
of yours, your account will be terminated with no
refunds given. This ensures all users will have
adequate email service and cuts the risk email
service blocking by various SPAM enforcement
agencies.
3.2. System and Network
3.2.1. Introduction of malicious programs into
the Company's network or server (e.g., viruses and
worms).
3.2.2. 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 3.2.2.,
"disruption" includes, but is not
limited to, port scans, flood pings, packet
spoofing and forged routing information.
3.2.3. Executing any form of network monitoring
which will intercept data not intended for the
Customer's server.
3.2.4. Circumventing user authentication or
security of any host, network or account.
3.2.5. Interfering with or denying service to
any user other than Customer's host (for example,
denial of service attack).
3.2.6. Using any program/script/command, or
sending messages of any kind, designed to
interfere with, or to disable, a user's terminal
session, via any means, locally or via the
Internet.
3.2.7. Creating an "active" full time
connection on a Company-provided account by using
artificial means involving software, programming
or any other method.
3.2.8. 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 the Company, including but not limited to
altering, removing or in any way modifying or
tampering with Company created log files.
3.2.9. Any action which the Company determines,
in its own judgment, will reflect poorly on the
Company or negatively impact its operations.
3.2.10. Any action which the Company deems to
be an unacceptable use of resources, business
practice or otherwise unacceptable to the Company.
3.3. Billing
3.3.1. Furnishing false or incorrect data on
the order form, contract or online application,
including fraudulent use of credit card numbers.
3.3.2. Attempting to circumvent or alter the
processes any billing procedures or procedures to
measure time, bandwidth utilization, or other
methods to document "use" of the
Company's Services and Products.
3.4. Mail
3.4.1. Sending unsolicited commercial email
messages (UCE), 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").
3.4.2. Sending UCE referencing an email address
for any domain hosted by the Company;
3.4.3. Sending UCE referencing a domain hosted
by the Company;
3.4.4. Sending UCE referencing an IP address
hosted by the Company;
3.4.5. Posting advertisements on IRC, ICQ, or
any other public chat system containing an email
address hosted by the Company, a domain hosted by
the Company, an IP address belonging to the
Company;
3.4.6. The Company will be the sole arbiter as
to what constitutes a violation of these
provisions.
3.4.7. Harassment, whether through language,
frequency or size of messages.
3.4.8. Unauthorized use, or forging, of mail
header information.
3.4.9. Solicitations of mail for any other
E-mail address other than that of the poster's
account or service with the intent to harass or to
collect replies.
3.4.10. Creating or forwarding "chain
letters" or illegal "pyramid
schemes" of any type.
3.4.11. Use of unsolicited email originating
from within the Company's network or networks of
other Internet Service Providers on behalf of, or
to advertise, any service hosted by the Company,
or connected via the Company's network.
3.4.12. Activities deemed to be unsolicited
marketing efforts or otherwise harassing in any
way.
3.4.13. Customer will be charged a minimum
$5,000.00 penalty charge for each instance of a
verifiable UCE that is reported to the Company and
faces immediate account suspension and/or
termination, as well as further penalties.
3.5. Customer Support
3.5.1. The Company promotes a
mutually-professional relationship with its
customers. Abusive, threatening, obscene or
otherwise harassing communications with agents of
the 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 or any section
of this Agreement will result in refund
ineligibility.
3.5.2. The Company cannot support third party
softwares like Mailman, XMB, PHPBB, Microsoft
Frontpage™ or any other third party systems that
we provide or you install on you own. We will try
in most cases to help with general issues to get
you running, but we are not responsible for any
breakage that may occur as a result of supporting
these systems.
4. Bandwidth & Utilization
In addition to the other terms of this
agreement, which apply to all plans, bandwidth and
utilization, by its nature, is subject to a number
of differing and/or additional terms.
4.1 The Company provides the space and
unlimited transfer in good faith to our Customers
so that they may create their Websites without the
fear of running over their Web traffic allocation.
While most Customers will use the space and
traffic for their legitimate Web site needs, we
recognize that others may try to take advantage of
our offer and use the space and traffic in ways
for which it is 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:
4.1.1. Customer's site must use and store only
the information and data that relates to the
Website, at the IP address provided by the
Company.
4.1.2. 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.
4.1.3. 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
its Website as a repository for file, data or
"Warez group" download transfers. The
Company reserves the right to make this
determination, in its sole and absolute
discretion;
4.1.4. The Company's "unlimited traffic”
and “unlimited storage" offer is to provide
the Company's customers with storage space and
bandwidth for active Web pages and cannot be used
as a "storage space" for electronic
files. An example of sites that fall under
"electronic storage" are large archives
of images, compressed files, movies, or sound
files. All websites are setup by default
with 5gb space and 100gb transfer limit. All
websites needing higher limits must be reviewed
before the limits are raised.
4.1.5. The storage and distribution of MP3
format files via the Company network is
prohibited.
4.1.6. The Company does not permit sites where
20% or more of the monthly traffic is from file
downloads, or sites that use more than 10% of
system resources, or sites which in the Company's
view are detrimental to the enjoyment of the
Company services by the Company's other clients,
or are in the sole and final judgment of the
Company, detrimental to network or business
operations.
The Company may take whatever steps necessary
to provide its services, and to provide for the
enjoyment of such services by all of the Company
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, or who seek to
take advantage of the Company unlimited storage or
traffic plan in any other way, will, at the
discretion of the Company , have their sites
canceled and/or removed from the servers and have
service charges assessed at the discretion of the
Company .
The Company will be the sole and final arbiter
as to Websites or usages of resources that
constitute violation or intent to violate our
policies. Those Customers found in violation of
these policies are subject to a $300.00 service
charge for each instance of violation, exclusive
of charges for the bandwidth and/or other
resources utilized. Websites which the Company
must suspend or cancel due to violation of these
rules are not eligible to receive a refund for
unused service, and are subject to charges for
bandwidth and usage of resources at twice the
standard rate for such resources. Acceptance of
these Terms of Services, and/or use of Company's
services constitutes an acceptance of any fines,
penalties or service charges which might arise out
of violation of these policies.
5. Terms and Termination
5.1. All cancellations must be received by the
Company a minimum of five (5) days prior to the
next billing date of the domain being cancelled.
5.1.1. If the Customer notifies the Company
less than five (5) days before the next billing
date of the domain being cancelled, the charges
incurred as a result of that renewal will not be
refunded.
5.1.2. Cancellation requests are done by
contacting us through our email
form.
5.2. Customer will not receive a refund for any
other reason, including but not limited to: late
cancellation, slow connection caused by Customer's
ISP/network, Customer's ignorance, InterNIC
delays, account termination for violation of
policies
5.3. By submitting a credit card or ACH
information on the order form, Customer agrees to
authorize all recurring charges to the account and
any other balances incurred due to overages of
limits, additions of extras to the account,
service charges and/or any other fees, and to be
bound to the terms of this Agreement.
5.4. Customer will not receive a refund for any
setup fees or any other fees, unless otherwise
determined by the company.
5.5. Customer will be charged a $10
reactivation fee for each site suspended due to a
billing-related issue.
5.6. Customer shall pay the fees and other
charges for Products and Services ordered from
Company as published at time of order. Company
reserves the right to change rates without notice;
any changes in price will take effect upon renewal
of the existing hosting account, immediately for
new purchases.
5.6.1. Customer agrees that the Company
reserves the right to change its fees, features,
and discount offerings and the Customer agrees to
be bound by any changes of fee, feature, and/or
discount.
5.7. The Company reserves the right to
terminate this agreement, and to delete the
Website from its hardware, immediately upon the
occurrence of any of the following events:
5.7.1. Non payment of any charges due from
Customer;
5.7.2. Breach of any term or condition of this
agreement by Customer;
5.7.3. Commencement of any lawsuit or
proceeding against Customer arising from or
relating to its use of the Website, whether or not
such suit names the Company as a party or seeks
any recovery from the Company.
5.7.4. Payment for any charges is due at the
time of signup and renewal respectively. All
payments must be in U.S. Dollars. Accounts which
have balances outstanding shall be deemed to be in
default and subject to termination of service.
Customer shall be responsible for all costs of
collection, including reasonable attorney's fees
and court costs, in event of a default for
nonpayment of any amounts due the Company.
6. Indemnification of Provider/Relationship of
Parties
6.1. Customer agrees to indemnify and hold the
Company harmless from any lawsuit, claim, charge,
or expense, including reasonable attorney fees and
costs of defense, for any matter arising from or
relating to Customer's Website provided hereunder.
6.2. Nothing contained herein shall be deemed
to create a relationship between the Company and
Customer in the nature of a partnership, joint
venture, editor/publisher or otherwise. Both
parties acknowledge and agree that the Company has
no interaction with the data or substance of
Customer's Website, except as necessary to
maintain the Website.
7. Security/Software
7.1. Customer agrees to take all steps
reasonable, necessary, and prudent to protect
Customer's login ID and password.
7.2. Customer agrees not to attempt to
undermine or cause harm to any server, software,
system or customer of the Company.
7.3. Customer agrees to maintain Customers'
computing equipment responsibly, including running
virus software.
7.4. Uploading a virus to a Company server will
result in account termination, service charges
and/or prosecution.
7.5. Customer acknowledges that the Company
cannot provide technical support for any software
and/or script that the Customer installs, other
than variable name changes. Customer also
acknowledges that the Company does not supply
technical support for Microsoft FrontPage, other
than initial configuration. The Company supplies
technical support for Web hosting issues only. The
Company shall be the sole arbiter as to what
constitutes a "Web host" issue.
8. Violation
Any attempt to undermine or cause harm to the
Company server or another customer's Web presence
is strictly prohibited. Any violation of the above
Terms of Service will result in grounds for
account termination, with no refunds given; the
Company reserves the right to remove any account
without prior notice. Violation of these Terms of
Service may result in legal action, service
charges or a combination thereof.
9. Confidentiality
Customer acknowledges that by reason of their
relationship, both the Customer and the Company
may have access to certain products, information
and materials relating to the other part’s
business, which may include business plans,
customers, software technology, and marketing
plans that are confidential and of substantial
value to either party, respectively, and which
value would be impaired if such information were
disclosed to third parties. Consequently, both the
Company and the Customer agree that it will not
use in any way for its own account or for the
account of any third part, nor disclose to any
third part, any such information revealed to it by
either part, as the case may be.
The Customer and the Company further agrees
that each will take every appropriate precaution
to protect the confidentiality of such
information. In the event of termination of this
agreement, there shall be no use or disclosure by
either party of any such confidential information
in its possession, and all confidential documents
shall be returned to the rightful owner, or
destroyed. The provisions of this section shall
survive the termination of the agreement for any
reason. Upon any breach or threatened breach of
this section, either party shall be entitled to
injunctive relief, which relief will not be
contested by the Customer or the Company.
10. Refusal of Service
10.1. The Company reserves the right to refuse
or cancel service in its sole discretion with no
refunds.
10.2. If any of these Terms of Service are
failed to be followed it will result in grounds
for immediate account deactivation.
Article II Other Agreements
1. Disclaimer
1.1. USE OF THE COMPANY’S SERVICES AND
PRODUCTS IS AT CUSTOMER’S SOLE RISK. NEITHER THE
COMPANY NOR ITS EMPLOYEES, AGENTS, RESELLERS THIRD
PARTY INFORMATION PROVIDERS, MERCHANTS LICENSERS
OR THE LIKE, MAKE ANY WARRANTIES, INCLUDING ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, THAT THE COMPANY’S
SERVICES AND PRODUCTS WILL NOT BE INTERRUPTED OR
BE ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO
THE RESULTS THAT MIGHT BE OBTAINED FROM THE USE OF
THE COMPANY’S SERVICES AND PRODUCTS OR AS TO THE
ACCURACY, OR RELIABILITY OF ANY INFORMATION
SERVICE OR MERCHANDISE CONTAINED OR PROVIDED
THROUGH THE COMPANY’S SERVICE, UNLESS OTHERWISE
EXPRESSLY STATED IN THIS AGREEMENT. THIS INCLUDES
LOSS OF DATA, WHETHER RESULTING FROM DELAYS, ON
DELIVERIES, WRONG DELIVERY, AND ANY AND ALL
SERVICE INTERRUPTIONS CAUSED BY THE COMPANY AND
ITS EMPLOYEES OR OTHER CAUSES.
1.2. THE SOLE CUMULATIVE LIABILITY OF THE
COMPANY FOR ALL CLAIMS MADE BY THE CUSTOMER, OR
ANY OTHER PARTY, REGARDLESS OF FORM, INCLUDING ANY
CAUSE OF ACTION BASED ON CONTRACT, TORT OR STRICT
LIABILITY, SHALL NOT EXCEED THE TOTAL AMOUNT OF
ALL FEES AND CHARGES PAID TO THE COMPANY BY THE
CUSTOMER.
2.3. The Company reserves the right to revise
or change these Terms of Service at any time.
2.4. This Agreement shall be governed in all
respects under the laws of the State of Missouri
applicable to contracts made, accepted and
performed wholly in Missouri, without application
to principles of conflict of laws, and the
Customer and the Company agree that the sole venue
and jurisdiction for any disputes arising from
this Agreement shall be the appropriate federal or
state court located in the State of Missouri. |
