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Q: What is your Terms of Service (TOS)?
Content
All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening, obscene, demeaning to others, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold us harmless from any claims resulting from the use of the service which damages the subscriber or any other party.
Note: Pornography and sex-related merchandising are prohibited on all servers. This includes sites that may infer sexual content, or link 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. Links to such materials are also prohibited. In addition any site selling or promoting Bulk email services is not allowed.
Examples of non-acceptable content or links:
Pirated software
Hackers programs or archives
Warez Sites
IRC Bots
MP3
We will be the sole arbiter as to what constitutes a violation of this provision.
Traffic
Due to the unique resource characteristics and traffic patterns associated with certain types of sites, the following can not exceed 75% of your total data transfer.
Sub hosting - any domain housing additional users
Shareware, sound, video, image and multimedia archives
Mirror sites
Distribution points
Any site whose primary purpose is file distribution
CGI Scripts
Each 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 server operation without prior warning.
Chat Rooms
We do not allow clients to install their own chat rooms. These tend to be large system hogs and we cannot allow it as an account option. We do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run with out hindering the performance of the machine for others.
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.
IRC
We currently do not allow IRC or IRC bots to be operated on our servers.
Commercial Email Advertising
Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. Advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. In addition, we will impose a $100 penalty for each spam policy violation. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy.
As such, any violation will result in immediate deactivation of services without refund.
Server Abuse
Any attempts to undermine or cause harm to a server is strictly prohibited.
Payment Policies
You agree to pay HostIgnition appropriate payment for the services received from HostIgnition in advance of the time period during which such services are provided. You further agree that until and unless you notify HostIgnition of your desire to cancel any or all services received, those services will be billed on a recurring basis. If we do not receive full payment within 10 days of the due date, your account will be suspended. There will be a $20.00 reactivation charge for every suspension due to late payment. If payment is not received in another 10 days, we may terminate the account. All files within the account may be deleted on termination. You may notify us in advance of your next billing cycle your desire to provide for alternative payment arrangements.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold HostIgnition harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against HostIgnition, 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 HostIgnition against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with HostIgnition server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.
Refusal of Service
We reserve the right to refuse or cancel service at our sole discretion.
Disclaimer
HostIgnition will not be responsible for any damages your business may suffer. HostIgnition makes no warranties of any kind, expressed or implied for services we provide. HostIgnition disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, and any and all service interruptions caused by HostIgnition and its employees. HostIgnition reserves the right to change or update policies without notice If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation.
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