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All Hostway Customers The following
Terms of Use apply to ALL Hostway customers:
Illegal Use
Hostway servers may be used for lawful purposes
only. Transmission, storage, or distribution of
any information, data, or material in violation
of any applicable law or regulation, or that may
directly facilitate the violation of any particular
law or regulation is prohibited. This includes,
but is not limited to: copyrighted material; trademarks;
trade secrets or other intellectual property rights
used without proper authorization; material that
is obscene, defamatory, constitutes an illegal threat,
or violates export control laws. Additionally, in
purchasing Hostway services, all Hostway customers
certify that they and/or the organization they represent
in procuring services from Hostway are not, nor
have been designated, a suspected terrorist as defined
in Executive Order 13224; are not owned or controlled
by a 'suspected terrorist' as defined in Executive
Order 13224; and are not on, are not a member of,
related to, associated with, or controlled by any
organizations on the list contained in the Annex
to Executive Order 13224 and all updates thereto.
Spamming
Sending unsolicited bulk and/or commercial messages
over the Internet (known as "spamming")
is prohibited, regardless of whether or not it overloads
a server or disrupts service to Hostway’s
customers. The term "spamming" also includes,
but is not limited to, maintaining an open SMTP
policy, engaging in spamming using the service of
another ISP or IPP and referencing in the spam a
web site hosted on a Hostway server, and selling
or distributing software (on a web site residing
on a Hostway server) that facilitates spamming.
Violators will be assessed a minimum fine of $200
and will face immediate suspension. Hostway reserves
the right to determine, in its sole and absolute
discretion, what constitutes a violation of this
provision.
System and Network Abuse
Violations of system or network security are prohibited
and may result in criminal and civil liability.
Examples of system or network security violations
include, without limitation the following: unauthorized
access to or use of data, systems or networks, including
any attempt to probe, scan or test the vulnerability
of a system or network or to breach security or
authentication measures without express authorization
of the owner of the system or network; interference
with service to any user, host or network including,
without limitation, mail bombing, flooding, deliberate
attempts to overload a system and broadcast attacks;
forging of any TCP-IP packet header or any part
of the header information in an email or a newsgroup
posting.
Viruses and Other Destructive Activities
Use of Hostway’s services or equipment for
creating or sending Internet viruses, worms or Trojan
horses, or for pinging, flooding or mail bombing,
or engaging in denial of service attacks is prohibited.
It is also prohibited for any customer to engage
in other activity that is intended to disrupt or
interfere with, or that results in the disruption
of or interference with, the ability of others to
effectively use Hostway’s services and equipment
(or any connected network, system, service or equipment)
or conduct their business over the Internet.
Copyright Violations
The Digital Millennium Copyright Act ("DMCA")
sets forth the law regarding the use of copyrighted
materials on the Internet. All Hostway customers
are subject to the requirements of the DMCA. Individuals
or entities submitting notifications of copyright
infringement by a Hostway customer (per the DMCA)
to Hostway must follow the below procedures. Copyright
infringement notifications submitted to Hostway
according to these procedures will be processed
within 21 days of receipt. Customers who are the
subject of a DMCA notification that meets the below
criteria may be subject to account termination at
Hostway’s sole discretion.
DMCA Copyright Infringement Notification Requirements:
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a. Signature of the copyright
owner or a person authorized to act on the
copyright owner's behalf (the "Claimant").
b. Identification of the copyrighted work(s)
claimed to have been infringed.
c. Identification of the material claimed
to infringe the copyright(s), and enough information
for Hostway to locate it including URLs and
specific descriptions of the infringing material
at each URL.
d. The Claimant's name, address, and telephone
number(s).
e. A statement that the Claimant has a good
faith belief that use of the disputed material
is not authorized by the copyright owner or
his agent.
f. A statement, under penalty of perjury,
that the information in the notification of
copyright infringement is accurate and that
the Claimant is authorized to act on behalf
of the copyright owner.
g. Mail the notification to:
Hostway Corporation
Legal Department – DMCA Complaints
1 North State Street
12th Floor
Chicago, IL 60602
USA |
Child Pornography
The use of Hostway’s services to store, post,
display, transmit, advertise or otherwise make available
child pornography is prohibited. Hostway is required
by law, and will, notify law enforcement agencies
when it becomes aware of the presence of child pornography
on, or being transmitted through, its services.
Payment
All payments are subject to Hostway’s Billing
Policy located at http://www.hostway.com.au/legal/billingpolicy.htm.
By supplying your credit card for the payment of
Hostway charges, you authorize Hostway to automatically
charge your credit or debit card for charges that
apply to your account. Recurring charges will be
posted to your credit card until such time that
you cancel your account in accordance with Hostway’s
Billing Policy.
Privacy
Hostway is concerned with the privacy of on-line
communications and web sites. In general, the Internet
is neither more nor less secure than other means
of communication, including mail, facsimile, and
voice telephone service, all of which can be intercepted
and otherwise compromised. As a matter of prudence,
however, Hostway urges its customers to assume that
all of their on-line communications are insecure.
Hostway cannot take any responsibility for the security
of information transmitted over Hostway's facilities.
Additional details on privacy and Hostway’s
use of customer information can be found in Hostway’s
Privacy Statement located at http://www.hostway.com.au/legal/privacypolicy.htm.
Customer Responsibility
Customers are required to use the Hostway network
responsibly. This includes respecting the other
customers of Hostway. Hostway reserves the right
to suspend and/or cancel service with any customer
who uses the Hostway network in such a way that
adversely affects other Hostway customers. While
Hostway may monitor its service electronically to
determine that its facilities are operating satisfactorily,
as a general practice, Hostway does not monitor
its customers' communications or activities to determine
whether they are in compliance with the TOU. However,
when Hostway becomes aware of any violation of the
TOU or other user agreements, Hostway may take any
action to stop or correct such violation, including,
but not limited to, denying access to Hostway’s
services and equipment or to the Internet. In addition,
Hostway may take action against a customer or a
customer of such customer because of the activities
of such customer. Hostway anticipates that customers
who offer Internet services will cooperate with
Hostway in any corrective or preventive action that
Hostway deems necessary. Failure to cooperate with
such corrective or preventive measures is a violation
of Hostway policy and Hostway reserves the right
to take any such action even though such action
may affect other customers of the Hostway customer.
Actions Taken by Hostway
The failure by a customer to meet or follow any
of the TOU is grounds for account deactivation.
Hostway will be the sole arbiter as to what constitutes
a violation of the TOU. Hostway reserves the right
to remove any account without prior notice and to
refuse service to anyone at any time. When Hostway
becomes aware of an alleged violation of its TOU,
Hostway will initiate an investigation. During the
investigation, Hostway may restrict a customer's
access in order to prevent further potentially unauthorized
activity. Depending on the severity of the violation,
Hostway may, at its sole discretion, restrict, suspend,
or terminate a customer's web hosting account and/or
pursue other civil remedies. If such violation is
a criminal offense, Hostway will notify the appropriate
law enforcement authorities of such violation. An
unlisted activity may also be a violation of the
TOU if it is illegal, irresponsible, or constitutes
disruptive use of the Internet. Hostway does not
issue credits for outages incurred through service
disablement resulting from TOU violations. Hostway
customers agree to indemnify and hold harmless Hostway
from any claims resulting from the use of our services
that damages them or any other party. The Hostway
service is provided on an as is, as available basis
without warranties of any kind, either express or
implied, including, but not limited to, warranties
of merchantability, fitness for a particular purpose
or non-infringement. Hostway expressly disclaims
any representation or warranty that the Hostway
service will be error-free, secure or uninterrupted.
No oral advice or written information given by Hostway,
its employees, licensors or the like, will create
a warranty; nor may you rely on any such information
or advice. Hostway and its partners and suppliers
will not be liable for any cost or damage arising
either directly or indirectly from any transaction
or use of the service. Violators of the policy are
responsible, without limitations, for the cost of
labor to rectify any damage done to the operation
of the network and business operations supported
by the network, and to respond to complaints incurred
by Hostway.
Third Party Providers
You agree that certain services may be provided
by third party providers of Hostway and that your
use of such services may be subject to further
agreements, policies, terms, and conditions in
addition to those contained or referenced in this
Agreement.
Proxy Services
For domain name registration services where a
third party provider is named in your place (“Proxy
Services”), you agree that if Hostway or the third
party provider does not receive a response to a
communication sent to you within 48 hours of such
communication being sent, then the sender of such
communication may, at its sole discretion, suspend
or terminate the Proxy Services. If Hostway
provides the particular Proxy Services, then Hostway
reserves the right to suspend or terminate any
or all of the services provided to you entirely
in such event.
Revocation
Hostway reserves the right to immediately suspend,
terminate, transfer, or modify your domain name
registration for reasons including (i) your breach
of this Agreement, (ii) your use of the domain
name registration services in a manner that is
in contradiction of applicable laws or customarily
acceptable usage policies of the Internet industry,
including sending mass unsolicited commercial advertisements
or otherwise spamming, making or sending threats,
harassments or obscenities, (iii) your use of the
domain name registration services in connection
with unethical activity, (iv) Hostway's receipt
of an order from a court of competent jurisdiction
or an arbitration award, or (iv) any other grounds
that impose a legal risk to Hostway as determined
at its sole reasonable discretion. You agree
that you shall not receive any refund whatsoever
for any such suspension, termination, transfer,
or modification to your domain name registration.
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