Hostwire Terms of Service (T.O.S)
Terms, Conditions, and Acceptable Use Policy:
This agreement represents the complete agreement and understanding between HostWire and the account holder (hereinafter called Customer) and supersedes any other written or oral agreement. Upon notice published on-line via HostWire services, HostWire may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered.
If you do not agree to these terms and conditions, please notify our Billing Department at firstname.lastname@example.org so we can initiate a closure of your account. USE OF YOUR ACCOUNT shall constitute your approval.
1. HostWire makes no warranties of any kind, whether expressed or implied, for the service it is providing. HostWire also disclaims any warranty of merchantability or fitness for a particular purpose. HostWire will not be responsible for damages the customer suffers. This includes loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence, subscriber’s errors or omissions, or due to the fault of third parties.
2. Services provided to the Customer by HostWire may only be used for lawful purposes. Transmission or publication of any information, data or material in violation of any U.S. Federal or state regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material or obscene material. HostWire reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement.
3. Customer agrees to defend, hold harmless and expeditiously indemnify HostWire from any liability, claim, loss, damage or expense arising out of the indemnifying party’s breach or violation of any covenant contained in this Policy and resulting from the Customer’s use of the service.
4. HostWire accounts cannot be transferred or used by anyone other than the subscriber. Customers may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this Policy. Customer may allow ftp access to its server and host web sites for its customers without violating this Policy.
5. HostWire reserves the right to cancel service for any reason without prior notice. In case of cancellation, unused fees may be returned to the subscriber on a pro-rata basis. Fees for setup and the first month’s service are not refundable.
The contents, links, or actions on any Services listed below are a violation of this Agreement. This is not an exhaustive list, but is designed to assist you in evaluating whether Hostwire is the appropriate service provider for you:
- Child Pornography – Hosting, Distributing, or Linking to Pornography Involving a Person Under Legal Age
- Copyright Infringement – Hosting, Distributing, or Linking to Copyright Infringed Materials
- CPU/Memory/Resource Abuse – Consuming Excessive Amount of Server Resources Causing Server Performance Issues
- DoS Source – Source of Denial of Service Attack
- DoS Target – Target of Denial of Service Attack
- File Scripts – File Dump/Mirror Scripts (similar to Rapidshare)
- Forgery – Faking an IP Address, Hostname, E-Mail Address, or Header
- Fraud Site – Hosting or Linking to a Website Intended to Deceive the Public including, but not limited to sites listed at aa419.org & escrow-fraud.com
- HYIP – Hosting or Linking to a High Yield Investment Program Website
- Identity Theft – Hosting, Distributing, or Linking to Stolen Account Identification Information
- Infection – Hosting, Distributing, or Linking to Exploits, Trojans, Viruses, or Worms
- Investment Sites – FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme, High-Yield Interest Programs (HYIP) or Related Sites
- IRC – Internet Relay Chat Server, including IRC Scripts/Bots
- Mass Storage – Storing Mass Amounts of Backups, Archives, Videos, etc.
- PayDay Loan Sites – including any site related to PayDay loans, PayDay loan affiliate programs, etc
- Pharmacy Sites – Sites that facilitate the sale of any controlled substance without prior proof of appropriate permit(s), including but not limited to sites designated rogue on legitscript.com
- Phishing – Identity Theft by Email Under False Pretense
- Proxy Site – Hosting of or linking to an Anonymous Proxy Server
- Bulk Email – No more than 500 emails of similar content (Opt In)
- Spam Email – Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE)
- Spam List – Hosting, Distributing, or Linking to Email Address Lists for Spam
- Spam Site – A Site Advertised by Spam Email or Spam Web
- Spam Ware – Hosting, Distributing, or Linking to Software Designed for Spamming
- Spam Web – Unsolicited, Bulk, or Forged Site Advertisement in Web Logs, Forums, Guestbooks, or Social Media
- Spamhaus – Spam Causing Blacklisting of an IP at www.spamhaus.org for Malicious Activity
- Terrorist Site – Hosting or Linking to a Site Advocating Terrorism
- Toolz – Hosting, Distributing, or Linking to Tools or Instructional Material on Hacking/Cracking or Other Illegal Activity
- Trademark – Hosting, Distributing, or Linking to Trademark Infringed Materials
- Warez – Hosting, Distributing, or Linking to Crackz, Hackz, KeyGenz, Serialz, or Pirated Software
- Any other material deemed offensive, threatening or obscene.
If a customer re-registers after HostWire’s cancellation of the account without HostWire’s written consent, HostWire will cancel Customer’s account and all dues and fees paid to date regardless of whether service has been rendered will be forfeited. Additionally, any amounts due will be immediately payable.
6. Setup fees are not refundable.
7. At the time of account cancellation, a Cancellation Code will be provided. If accounts are billed in error after the Cancellation date, credits will only be issued with a valid HostWire Cancellation Code. If cancellation is done in writing, it will be the responsibility of the Customer to contact HostWire for the Cancellation Code.
8. Additionally, CUSTOMER agrees not to utilize the HostWire service, equipment or email address in connection with the transmission of the same or substantially similar unsolicited message to 200 or more recipients or ten or more newsgroups in a single day. CUSTOMERS responsible for violating this clause of the HostWire Acceptable Use Policy will be fined $500 per message. Payment by CUSTOMER under this provision shall not prevent HostWire from seeking other legal remedies against CUSTOMER.
9. Customer agrees not to transmit, promote, or otherwise make available any software, product or service that is either illegal or designed to violate this Agreement. Such software, products or services include, but are not limited to, programs designed to send unsolicited advertisements (i.e. “spamware”) and services which send unsolicited advertisements.
10. HostWire requires that its agreements be made with a person who is qualified to contract. As such, subscriber must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this agreement and enclose the proper payment. HostWire cannot accept payments from persons who are not at least eighteen (18) years of age, nor can we accept agreements from persons who are not at least eighteen (18) years of age.
11. Customer shall ensure that its use of HostWire’s network services shall not disrupt HostWire, its associated networks or equipment forming part of the systems. In instances in which an excessive amount of system resources are utilized by a subscriber, HostWire reserves the right to place CPU process limits on the Customer’s account to prevent disruption of service to other customers. Customers shall not transmit any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulation or would likely be offensive to the recipient thereof. No message may be mass distributed, “broadcast,” or otherwise sent on an intrusive basis to any HostWire user or to any directly or indirectly attached network. Use of HostWire’s connection in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by HostWire shall be considered a breach of this Policy and may result in cancellation of service. This prohibition extends to sending of unsolicited mass mailings from another service which in any way implicates the use of HostWire’s service, HostWire’s equipment or any site hosted on any HostWire network.
12. Customer warrants that any material submitted for publication on HostWire does not violate or infringe any copyright, trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or libelous. HostWire reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement.
13. If HostWire becomes aware of material that could be infringing on a third party’s copyright, it will initiate an investigation. To conduct an investigation of copyright infringement, the Complainant must submit at least two items. First, Complainant must submit a claim in writing with the applicable copyright or trademark registration number and a copy of the underlying copyrighted work along with the Customer’s materials. Second, Complainant must offer a good faith certification signed under penalty of perjury. This certification must state that the work is the property of the Complainant, that the work has been copied and that use of the work is not defensible. With this information in-hand, HostWire, at its discretion, may, at any time deny access to the challenged material of Customer.
14. Use of other organizations’ networks or computing resources is subject to their respective permission and usage policies.
15. For all new domains, there is an initial OnlineNIC registration fee of $9.99 for the first year. HostWire will automatically pay this fee as well as all annual renewal fees of $9.99 to the OnlineNIC on your behalf while your HostWire account is active and current. These fees will appear on your billing statement unless prior arrangements are made with our customer service department. *Please note that customer is responsible for all future renewal fees paid to registrar as well as renewal dates.
16. Use of HostWire’s hosting services could involve listing subscriber’s participation in relevant directories, and subscriber expressly grants permission for such listings.
17. Although all hosting plans permit unlimited data transfer, each plan is subject to a surcharge in the event usage exceeds the allotted free bandwidth for that plan. Customer is responsible for charges related to bandwidth exceeding the plan’s allotted data transfer.
18. Any party seeking to report any other potential violations of this Agreement may contact HostWire via e-mail email@example.com.
19. Transferring your domain to another provider does not constitute canceling your HostWire account. You must notify HostWire to formally cancel your account with HostWire to avoid further charges.
20. On occasion, HostWire may have a need to communicate with its customers through e-mail issues related to billing, as well as changes, additions and modifications to the network. It is the responsibility of the customer to check e-mail sent to the primary login e-mail address on the account.
21. It is the responsibility of the customer to contact HostWire of any changes to their account, such as phone number, address, credit card information, etc. Customers will be required to provide verification for security purposes authorizing them to make any changes to that account.