A. 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:
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/support/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/support/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.
B. Hostway Web Hosting &
E-commerce Customers
The following Terms of Use apply
only to Hostway’s Web Hosting
and E-Commerce customers, and supplement
the terms above in section A that
apply to all Hostway customers:
Server Resources
Any web site that uses a high amount
of server resources (such as, but
not limited to, CPU time, memory usage,
and network resources) will be given
the option to either pay additional
fees (which will depend on the resources
required), reduce the resources used
to an acceptable level, or upgrade
its service to a Dedicated Server
plan. Hostway shall be the sole arbiter
of what is considered to be a high
server usage level. All Web Hosting
and E-Commerce accounts come with
a limit of 5,000 files per account.
Each block of 5,000 files after the
initial 5,000 will incur an additional
charge of $9.95/month. Any Web Hosting
and E-Commerce account deemed to be
adversely affecting server performance
or network integrity will be shut
down without prior notice.
CGI Scripts
Any scripts that pose a potential
security risk or are deemed to be
adversely affecting server performance
or network integrity will be shut
down or will be automatically removed
without prior notice. Hostway does
not permit CGI script sharing with
domains not hosted by Hostway or any
scripts that may be abused for UCE
purposes.
Chat Rooms
Hostway does not allow Web Hosting
and E-Commerce customers to install
their own chat rooms. Chat rooms tend
to require significant system resources
and therefore cannot be permitted
as an account option. However, for
a small charge, Hostway provides Java
chat rooms that meet most users' needs
and run without hindering system performance.
Background
Running Programs and Cron Jobs
Hostway may allow programs to run
in the background. These programs
will be considered on an individual
basis and Web Hosting and E-Commerce
customers will incur extra charges
based on system resources used and
operational maintenance needed. If
you wish to run background programs
please contact Hostway at support@hostway.com
so that we can arrange set-up.
IRC
Hostway does not allow IRC or IRC
bots to be operated by Web Hosting
and E-Commerce customers.
Software Distribution
Hostway's Web Hosting and E-Commerce
accounts are not configured for the
purposes of distributing software
and/or multimedia products. If you
wish to distribute software and/or
multimedia files, please contact sales@hostway.com
to make special arrangements.
Multimedia
Files
Multimedia files are defined as any
graphics, audio, and video files.
Hostway Web Hosting and E-Commerce
accounts are not to be used for the
purposes of distributing and storing
unusual amounts of multimedia files.
Any web site whose disk space usage
for storing multimedia files exceeds
70% of its total usage, in terms of
total size or number of files, will
be considered to be using an unusual
amount of multimedia files.
Databases
Any database stored on Hostway's Web
Hosting and E-Commerce servers shall
be limited in size to 10% of the total
disk space allotted for that particular
domain's plan/web hosting account.
Adult Content
Due to the special system and network
requirements of adult-oriented sites,
pornography and sex-related merchandising
are prohibited for Web Hosting and
E-Commerce customers. This includes
sites that may infer sexual content
or provide links to adult content
elsewhere. This is also true for sites
that promote any illegal activity
or content that may be damaging to
our servers or any other server on
the Internet, or provide links to
such sites.
C. Hostway Dedicated Server
Customers
The following Terms of Use apply
only to Hostway’s Dedicated
Server customers, and supplement the
terms above in section A that apply
to all Hostway customers:
Customer Security
Responsibilities
The customer is solely responsible
for any breaches of security affecting
servers under customer control. If
a customer's server is involved in
an attack on another server or system,
it will be shut down and an immediate
investigation will be launched to
determine the cause/source of the
attack. In such event, the customer
is responsible for the cost to rectify
any damage done to the customer's
server and any other requirement affected
by the security breach.
IRC
Hostway allows Dedicated Server customers
the use of IRC inside the Hostway
network as long as the use of IRC
on a Hostway server does not violate
any of the other terms of these TOU.
As a policy, Hostway will not provide
vanity IRC reverse DNS records. To
enforce this policy Hostway does not
turn the reverse address of IPs over
to the customer. Authority over this
information remains with Hostway.
Billing for
Network Resources
The customer understands that the
customer is responsible for paying
for any network resources that are
used to connect the customer's server
to the Internet. The customer may
request that the customer's server
be disconnected from the Internet,
but the customer will still be responsible
for paying for any network resources
used up to the point of suspension
or cancellation.
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