General Overview
1. Client must agree not to abuse his/her PHP permissions, that is, to utilize PHP in such a way that an excess of bandwidth is used up or face immediate account termination, forfeiting all payment given.
2. Sites may only be in English, Spanish, or French. Sites violating this may be suspended without warning. This is subject to change in the future.
3. Client must agree not to host illegal material on his/her account. This includes copyrighted Mp3s, movies, and software. Proxy, file hosting, and image hosting sites are not allowed to be hosted on our network.
4. Only 1 free account can be issued per client!
1. Server Usage
Personal accounts are to be used by the primary owner only. Personal account holders are not permitted to resell, store or give away web-hosting services of their website to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads. Hostnth Webhosting Services (hereby known as "Hostnth") reserves the right to refuse service and /or access to its servers to anyone. Each individual is allowed ONE FREE account only. Hostnth does not allow any of the following content to be stored on its servers:
- Illegal Material : This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation. You may not store copyrighted Mp3s on your webspace in any way shape or form.
- Adult Material : Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of Hostnth.
- Warez : Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
- File Hosting/Sharing : This includes all P2P software (such as the RapidLeech PlugMod), and any software used for downloading files. You may, however, provide links to external downloading sites for legal files.
- Anime : Copyrighted anime is not allowed on our servers. This includes variations of anime including manga, hentai etc. Also inlcudes any sites which provide links to information about such material. If you created the material yourself, you may host the content on your site.
- Proxies : We do not allow proxies of any kind on our servers.
IN ORDER TO ENFORCE THESE RULES, WE WILL BE ABLE TO ACCESS YOUR ACCOUNT CONTENT. ALL PASSWORDS ARE SUBJECT TO CHANGE WITHOUT WARNING IN ORDER FOR US TO BE ABLE TO ACCESS YOUR ACCOUNT.
2. High Resource Usage Policy
Resources are defined as bandwidth and/or processor utilization. Hostnth may implement the following policy to its sole discretion: When a website is found to be monopolising the resources available Hostnth, reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby Hostnth continues hosting the website for an additional fee.
3. Cancellation and Refunds
Hostnth reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rated refund based upon the remaining period of membership. If a customer contravenes Hostnth's terms of service, a refund will not be issued in the event of a cancellation. Customers may cancel their account at any time. In this event, a refund will not be issued for any remaining time. Any incentives offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation. Domains are non-refundable, but may be transferred to your own account with our registrar for a $3.95 fee. Fees charged on a prepay basis are non-refundable.
4. Indemnification
Customer agrees that it shall defend, indemnify, save and hold Hostnth harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Hostnth, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Hostnth against liabilities arising out of;
(1) Any injury to person or property caused by any products sold or otherwise distributed in connection with Hostnth's server;
(2) Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
(3) Copyright infringement
(4) Any defective products sold to customer from Hostnth's server.
5. System Backups
Backups of all customer data are soley the responsibility of the client. Hostnth does full nightly backups, these are to be used for system restore only, and are not tested for individual account backup. Any other questions on this policy should be directed to the staff.
6. Inactivity (Applies only to Free accounts)
Free accounts found to be inactive are suspended for a 30 day period and then terminated. All data including any type of backup or stored information is removed with the account. Accounts must also have a working website within one week of account creation. If you don't use your webspace we will give it to someone who will.
7. Default on payment (Applies only to Paid accounts)
In the case of a late payment, a 25% late fee will be applied after a 5 day grace period. In the case of a default on payment to Hostnth for any paid service that we perform, your account shall be suspended 7 days after the agreed due date. Unless paid for and reinstated, the entire account is subject to immediate termination 30 days after the agreed due date.
8. Disclaimer
Hostnth will not be responsible for any damages your business may suffer. Hostnth makes no warranties of any kind, expressed or implied for services we provide. Hostnth disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by Hostnth and its employees.
9. Legal
This TOS was put into place on 4/26/2008, and is effective from that date. However, we do reserve the right to change this TOS without warning, and is subject to as such. Clients will be notified if the change in the TOS affects said client.
