Important
Note: This document is updated often. Please make a habit of reviewing it
from time to time to stay up to date of acceptable as well as inappropriate
uses of your hosteze.com "Hosteze" Services account. Hosteze is not required
to send notifications when this page is updated.
All users of Hosteze's services, and all customers upon signing up for
Hosteze's services, agree to comply with Hosteze's Terms of Service ("TOS")
also known as end user license and agreement. The spirit of the TOS is to
ensure customers are using Hosteze's services with due regard to the rights
of other Internet users and in conformity with the requirements of Hosteze's
network environment. The TOS are not exhaustive and Hosteze reserves the
right to add, delete, or modify any provision of its TOS at any time without
notice, effective upon either the posting of the modified TOS to
www.hosteze.com or notification of the modified TOS. Any complaints about a
customer's violation of the TOS should be sent to
The TOS
supersedes any other agreement with Hosteze, whether written, oral, by
conduct, or otherwise.
Hosteze's Terms of Service
All services provided by Hosteze 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 that is
threatening or obscene, material that is "adult only" content, or material
protected by trade secrets and other statue. The subscriber agrees to
indemnify and hold harmless Hosteze from any claims resulting from the use
of the service which damages the subscriber or any other party.
Non-Acceptable Content
Pornography, sex-related merchandising, vulgarity or anti-biblical themes /
sites are prohibited on any server. This includes the written content,
sexual content, to adult content elsewhere, or direct links that would
violate or TOS intentions . 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. Hosteze
will be the sole arbiter as to what constitutes a violation of this
provision.
Hosteze will be the sole arbiter as to what constitutes a violation of this
provision.
Additional note: Distribution and/or Transmission of Obscene or Indecent
Speech or Materials Violation of indecency and obscenity laws can result in
criminal penalties.
Traffic Guidelines
All the sites that use Hosteze's hosting packages are limited to an
indicated rate of transfer of traffic per month depending on the package
chose. Sites that go over the allowed traffic will be charged $5 per
gigabyte of bandwidth per month or any fraction thereof. Sites must pay this
fee at the beginning of next month, and site is subject to suspension if
bandwidth is unpaid for. To protect our customers from un-intentional
bandwidth usage, we have installed bandwidth protection that may be switched
on within the control panel.
Background Running Programs
As a general rule we do not allow 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 you
to link to or use IRC or IRC bots such as eggdrop, and BitchX on our
servers. Dedicated Servers would be your solution for background running
programs if required.
CGI Scripts
Hosteze accounts do not come with pre-installed scripts in the CGI-BIN.
Customers are free to use any CGI-scripts provided with their account or add
any additional ones they require. Any CGI-scripts deemed to be adversely
affecting the server performance or the network integrity may be shut down
without prior notice. CGI-script sharing with domains not hosted by Hosteze
is not allowed. Cgi scripts are readily available from "thousands" of cgi
internet resources.
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) can be suspended
without notice, and then may be given an option of either upgrading their
service level or reducing the resource used to an acceptable level.
Intellectual Property Rights
Material accessible to you through Hosteze'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 the
Hosteze Service 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 Hosteze Network. If you use a domain name in
connection with the Hosteze Service or similar service, you must not use
that domain name in violation of any trademark, service mark, or similar
rights of any third party.
Network Security
Customers may not use the Hosteze 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. Hosteze
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.
Defamation
Defamatory speech distributed over the Internet can result in civil
liability for the defamer.
Account Refunds And Set-up Fees
Our Policy for Refunds And Set-up Feesis simple: We offer NO
REFUNDS. We go to great efforts to please our customers.
We offer great hosting services and email management servers. It is
your responsibility to design, upload and maintain your website. There
are many html editors to choose from to build your website. It is also
your responsibility to maintain your email accounts.
Account Renewal and Domain Registration
Hosteze does not support expired hosting accounts or domains. If client
wants to keep domain registered by Hosteze and host it with another hosting
company he/she must issue domain transfer at least 15 days before expiration
date of the domain. Hosteze does not have rights over clients' domains and
agrees to provide assistance only if client have kept to 15 day provision as
stated above. We are not responsible for actions that occur after any
domains pass their expiration date.
Our clients can manage their domains thru our Hosteze Domain Registration
Company for most needs of domain management purposes, including hosting
their domain with other hosting companies. We provide our clients with many
tools for an easy experience.
Refusal of Service
Hosteze reserves the right at its sole discretion to refuse or cancel
service. Violation of any of Hosteze's Rules and Regulations could result in
a warning, suspension, or possible account termination. Accounts terminated
due to policy violations will not be refunded.
Spam Or Unsolicited E-Mail
You must not use the Hosteze Network, Hosteze equipment or any Hosteze email
address, or end-user email address in connection with the transmission of
spam, flames, mail bombs, or substantially similar, unsolicited email
messages. Your domain may not be referenced as originator, intermediary, or
reply-to address in any of the above. This prohibition extends to the
sending of unsolicited mass mailings from another service that in any way
implicates the use of the Hosteze Network, Hosteze equipment or any Hosteze
email address, or Hosteze client email address. A message is considered
unsolicited if it is posted in violation of a newsgroup charter or if it is
sent to a recipient who has not requested or invited the message. For
purposes of this provision, merely making one's email address accessible to
the public will not constitute a request or invitation to receive messages.
If you are found to have spammed, without warning, Hosteze reserves the
right to disable your domain. In addition, Hosteze may impose a $100 penalty
for each spam policy violation. Hosteze solely reserves the right to refuse
or cancel service to known spammers. Lastly, Hosteze reserves the right to
determine what violates this policy. As such, any violation may result in
cancellation of services without refund. As such, any violation will result
in immediate deactivation of services without refund.
Abuse
Any attempts to undermine, slander, libel, threaten, swear at, offend or
cause harm to a Hosteze server, customer, employee, or the company directly
is strictly prohibited and is grounds for immediate termination without
refund. In addition, we will pursue all attempts to the fullest extent of
the law to prosecute.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold Hosteze
harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable attorney's fees asserted against Hosteze, 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 Hosteze against liabilities arising out of;
(1) any injury to person or property caused by any products sold or
otherwise distributed in connection with Hosteze server;
(2) any material supplied by customer infringing or allegedly infringing on
the proprietary rights of a third party and
(3) copyright infringement.
Customer agrees to limit the liability of Hosteze to the amount paid for
service. Hosteze will not be responsible for any damages your business may
suffer. Hosteze makes no warranties of any kind, expressed or implied for
services we provide. Hosteze 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 Hosteze and its employees. We reserves the right to
amend or update these policies without notice. Failure to follow any terms
and conditions may result in account deactivation. Hosteze furthermore
expects that its customers who provide Internet services to others will
fully comply with all applicable laws concerning the privacy of online
communications. A customer's failure to comply with those laws will violate
this policy. Finally, Hosteze wishes to emphasize that in accepting
services, customers indemnify Hosteze for the violation of any law or
Hosteze policy, that results in loss to Hosteze or the bringing of any claim
against Hosteze. This means that if Hosteze is sued because of activities of
the customer that violate any law, or this policy, the customer will pay any
damages awarded against Hosteze, plus costs and reasonable attorneys' fees.
If any terms or conditions are failed to be followed it will result in
grounds for immediate account deactivation. Hosteze reserves the right to
change, edit, or update the policies contained in this document at any time
for any reason without notice.
