Acceptable Use Policy
NO SPAM, NO PORNO, NO EXCEPTIONS!
Host Processor provides
Internet World Wide Web page hosting, Marketing, and Development. Host
Processor has certain legal and ethical responsibilities consisting with
the use of its server and equipment involved in these services. Host
Processor general policy is to act as a provider of Internet presence.
Host Processor reserves the right to suspend or cancel a customer's
access to any or all services provided by Host Processor when we decide
that the account has been inappropriately used.
| Server Abuse |
Any attempt to undermine
or cause harm to a server, or customer, of Host Processor is strictly
prohibited. Unauthorized use of other people's accounts or computers
Host Processor will strongly react to any use or attempted use
of an Internet account or computer without the owner's authorization.
Such attempts include "Internet scamming" (tricking other
people into releasing their passwords), password robbery, security
hole scanning etc.
Any unauthorized use of accounts
or computers by a Host Processor customer, whether or not the attacked
account or computer belongs to Host Processor, will result in action
against the attacker. Possible actions include warnings, account
suspension or cancellation, and civil or criminal legal action,
depending on the seriousness of the attack.
IMPORTANT NOTE - Host Processor
has the right to discontinue service, or deny access to anyone
who violates our Policies or the terms and conditions shown below
WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be
made if account termination is due to violation of the terms outlined
below.
Customers may not run IRC, bots
or clients on shared servers. Unacceptable uses also include, but
are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup
spamming, pornographic content, illegal content, copyright infringement,
trademark infringement, wares, cracks, software serial numbers,
and/or anything else determined by Host Processor to be unacceptable
use of Host Processor's services including abuse of server resources.
Shared hosting accounts may be
terminated that include the following content or which have links
to the following content: Providing material that is grossly offensive
to the Web community including blatant expressions of bigotry,
racism, hatred, or profanity Promoting or providing instructional
information about illegal activities, or promoting physical harm
or injury against any group or individual Displaying material containing
obscene nudity or pornographic material (not applicable to managed
dedicated servers) Displaying material that exploits children under
18 years of age Acts of copyright infringement including offering
pirated computer programs or links to such programs, information
used to circumvent manufacturer-installed copy-protect devices,
including serial or registration numbers for software programs,
or any type of cracker utilities. |
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| Abuse of Traffic |
Host Processor's customers are privileged
to be offered traffic for their web sites. The intention of Host
Processor is to provide a large space to serve web documents, not
an off site storage area for electronic files. All (90%) of your
web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.)
stored on Host Processor's server. Web sites that are found to
contain either/or no html documents, a large number of unlinked
files are subject to warning, suspension or cancellation at the
discretion of Host Processor management. Any customer who violates
Host Processor's Policies in abusing site transfer
will be notified and to immediately remedy the problem. If the
problem is not resolved immediately, the client
will be billed for the overages. You will have 3 days to pay for
your overages. If you do not pay for your overages your site will
be disabled within 3 days of your first notice. Host Processor
will be the sole arbiter as to what constitutes a violation of
this provision. |
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| Abuse of Disk Usage |
Host Processor will not tolerate abuse of account's disk usage. At least 90% of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on Host Processor's server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to files deletion or account cancellation at the discretion of Host Processor management, with or without prior notice. |
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| Unsolicited Email (Spam) |
Unsolicited commercial
advertisements (Spam) are not allowed in e-mail, and will likely
result in account cancellation. Host Processor takes a zero-tolerance
approach to Spam originating from our servers or for Spam advertising
of domains hosted on our servers. We will charge the compromised
account up to $50 per unsolicited email message sent. The following
activities are not allowed: Unsolicited bulk or commercial messages
("Spam"). This includes,
but is not limited to, bulk mailing of commercial advertising,
informational announcements, charity requests, petitions for signatures,
and political or religious tracts. Such messages may only be sent
to those who have explicitly requested it from your domain. Forging,
altering or removing electronic mail headers is prohibited. Any
domain sending stealth Spam will be terminated without warning
and without refund. Sending numerous copies of the same or substantially
similar message with the intent to disrupt a server or account
("mail bombing"). Spamming Newsgroups: Commercial advertisements
are unwelcome in most Usenet discussion groups and on most e-mail
mailing lists. Inappropriate posting may result in account cancellation.
See the newsgroup or mailing list's charter for whether advertising
is allowed or not. "Spamming," or sending a message
to many different off-topic newsgroups, is particularly unethical
and will be treated as such. Mail may not be used to harass or
intimidate others. Harassment, whether through language, frequency
of messages, or size of messages, is prohibited. Sending a single
unwelcome message may be considered harassment. If a recipient
asks to stop receiving e-mail, you must not send that person
any further messages. Note: If you use the services of another
provider to promote a web site hosted by or through Host Processor
(spamvertising), then the provisions of the above Policy shall
apply as if the Spam were sent through our servers. |
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| CGI Scripts |
Each shared web hosting account
comes with its own cgi-bin. You are free to use any CGI scripts
you wish, however we reserve the right to disable any CGI script
that effects normal shared server operation without prior warning. |
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| Chat Rooms |
We do not allow clients to install their
own chat rooms within a shared hosting account, without approving
it with the Host Processor Support Team. Most chat rooms tend to
be large system hogs and we cannot allow it as an account option.
However, we do provide a choice of Java chat rooms for a small
extra charge that will more than fill your needs and run without
hindering the performance of the machine for others. Note: Para
chat rooms do not apply to this rule. They are perfectly fine to
install. |
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| Abuse of SMTP Mail Server |
We do not allow clients to send more than
2000 pieces of e-mail per day from a shared hosting account. If
you do send more than 2000 pieces of e-mail per day, your account
will be placed on hold for Network Abuse. If you are sending legitimate
e-mails and they total more than 2000 per day your account will
be moved to a special server that is specifically designed to handle
high volumes of e-mail. You will be charged $75.00/month in addition
to your regular hosting charges if your account is moved to this
server. Please contact noc@host-processor.com to have your domain
moved. |
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| Background Running Programs |
We may allow programs to run continually
in the background. These are considered on a one-to-one basis and
an extra charge will be incurred based on system resources used
and operational maintenance needed. (this section does not apply
to managed dedicated servers) |
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| IRC |
We currently do not allow IRC or IRC bots
to be operated on our servers. You can however, install IRC clients
on managed dedicated servers. IRC servers are not permitted on
our network. |
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| Payment Policies |
All accounts are set up on a pre-pay basis.
Setup fees are charged for all new accounts and major account changes
and are non-refundable. All pricing is guaranteed for the term
of pre-payment. Host Processor reserves the right to change prices
at any time, unless other terms have been agreed upon. Any account
not brought current within a week (7 days) of e-mail notice or
exceeding this time frame in any way is subject to suspension.
The customer is responsible for all money owed on the account from
the time it was established to the time that the customer notifies
Host Processor at cancel@host-processor.com to request for termination
of services. All payment is in U.S. currency. Host Processor will
bill each client $25 per returned check, per wire transfer received
and per credit card chargeback received. All Host Processor accounts
are setup on anniversary billing cycles. Your particular billing
cycle corresponds to the contract length that was initially chosen
at setup. Your account will automatically renew at this length.
There is no fee to change to a shorter billing cycle at the end
of the current cycle. However, if you wish to change to a shorter
billing cycle, during a current cycle, there will be a $15 fee.
Please contact the billing department at billing@host-processor.com
should you wish to change your anniversary billing cycle. |
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| Cancellation |
Host Processor reserves the
right to cancel service at any time. All fees paid in advance of
cancellation will be pro-rated and paid by Host Processor if Host
Processor institutes it's right of cancellation. Any violation
of policies which results in extra costs will be billed to the
customer (i.e. transfer, space etc.)
All of Host Processor's web hosting
plans are backed by a 5 day money back guarantee. If you are not
completely satisfied with our services or support within the first
5 days of your contract, you will be given a full refund of the
contract amount excluding setup fees, domain registration fees,
add-on/upgrade fees and overages. Setup fees are refundable only
if the account order is canceled prior to account activation. For
all web hosting clients who cancel, the full contract amount less
any setup fees and overages will be refunded if Host Processor
is notified within the first 5 days following activation. No refund
is available after the 30th day. This policy does not apply to
any additional services such as overages, referrer logs, real audio/video,
additional disk space, additional pop accounts, domain registration
fees etc. Due to security concerns, all account cancellations must
be done via our cancellation forms at cancel@host-processor.com
. Phone or email requests will not constitute acceptance of any
cancellation. Refunds will be made by company check or issued back
to your credit card within 30 days of receipt of cancellation. |
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| Intellectual Property Rights |
Material accessible to you through Host Processor's
services may be subject to protection under the United States or
other copyright laws, or laws protecting trademarks, trade secrets
or proprietary information. Except when expressly permitted by
the owner of such rights, you must not use Host Processor or its
servers and network in a manner that would infringe, violate, dilute
or misappropriate any such rights, with respect to any material,
which you access or receive through the Host Processor network.
If you use a domain name in connection with Host Processor or similar
service, you must not use that domain name in violation of any
trademark, service mark, or similar rights of any third party. |
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| Network Security |
Customers may not use the Host Processor
network with an attempt to circumvent user authentication or security
of any host, network, or account. This includes, but is not limited
to, accessing data not intended for the customer, logging into
a server or account the customer is not expressly authorized to
access, password cracking, probing the security of other networks
in search of weakness, or violation of any other organization's
security policy. Customers may not attempt to interfere or deny
service to any user, host, or network. This includes, but is not
limited to, flooding, mail bombing, or other deliberate attempts
to overload or crash a host or network. Host Processor will cooperate
fully with investigations of violations of systems or network security
at other sites, including cooperating with law enforcement authorities
in the investigation of suspected criminal violations. Users who
violate system or network security may incur criminal or civil
liability. |
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| Electronic Commerce |
You will be solely responsible
for the development, operation and maintenance of your online store
and products and all contents and materials appearing online or
on your products, including without limitation (a) the accuracy
and appropriateness of content and materials appearing within the
store or related to your products, (b) ensuring that the content
and materials appearing within the store or related to your products
do not violate or infringe upon the rights of any third party,
and (c) ensuring that the content and materials appearing within
the store or related to your products are not libelous or otherwise
illegal. You will be solely responsible for the final calculation
and application of shipping and sales tax. You will also be solely
responsible for accepting, processing, and filling any customer
orders, and for handling any customer inquiries or complaints arising
there from.
You are also responsible for the
security of any customer credit card numbers and related customer
information you may access as a result of conducting electronic
commerce transactions through your Web Site. You will keep all
such information confidential and will use the same degree of care
and security as you use with your confidential information. |
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| Static / Dynamic Content Caching |
You expressly (i) grant to Host Processor
a license to cache the entirety of your Web Site, including content
supplied by third parties, hosted by Host Processor under this
Agreement and (ii) agree that such caching is not an infringement
of any of your intellectual property rights or any third party's
intellectual property rights. |
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| IP Address Ownership |
Host Processor shall maintain and control
ownership of all IP numbers and addresses that may be assigned
to you by Host Processor and Host Processor reserves, in its sole
discretion, the right to change or remove any and all such IP numbers
and addresses. |
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| Lawful Purpose |
Host Processor reserves the right to refuse
service to anyone. Customers may only use Host Processor server
for lawful purpose. Transmission of any material in violation of
any Federal, State or Local regulation is prohibited. This includes,
but is not limited to copyrighted material, material legally judged
to be threatening or obscene, and material protected by trade secrets.
The designation of any materials as such described above is left
entirely to the discretion of Host Processor management. Regardless
of the place of signing this agreement, the client agrees that
for purposes of venue this contract was entered into in Wilmington,
Delaware, and any dispute will be litigated or arbitrated in Wilmington,
Delaware. Defendants further waive all objections to venue and
acknowledge that venue in any such litigation will be held in Delaware
courts. IN NO EVENT SHALL HOST PROCESSOR'S MAXIMUM LIABILITY EXCEED
FIVE HUNDRED ($500.00) DOLLARS. |
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| Indemnification |
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY,
SAVE AND HOLD HOST PROCESSOR HARMLESS FROM ANY AND ALL DEMANDS,
LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S
FEES ASSERTED AGAINST HOST PROCESSOR, 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, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES
TO DEFEND, INDEMNIFY AND HOLD HARMLESS HOST PROCESSOR AGAINST LIABILITIES
ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY
ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH HOST
PROCESSOR'S SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING
OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY;
( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD
TO CUSTOMER FROM Host Processor's SERVER. |
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| Disclaimer |
HOST PROCESSOR WILL NOT BE RESPONSIBLE FOR
ANY DAMAGES YOUR BUSINESS MAY SUFFER. HOST PROCESSOR MAKES NO WARRANTIES
OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. HOST
PROCESSOR DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING
FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE
INTERRUPTIONS CAUSED BY HOST PROCESSOR AND ITS EMPLOYEES. HOST
PROCESSOR RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF HOST PROCESSOR
MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR
CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION. |
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| Privacy Statement |
| Host Processor follows the strict guidelines
of our customer privacy statement. Please make sure you understand
this statement fully. |
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Copyrights - 2006 - 2009 |
Document Release Date: 01/01/2009
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