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Terms of services
BASIC POLICY & SERVICE GUIDELINES (AUP)

HostKeeper, provides services to clients all around the world. HostKeeper has the responsibility to protect each client and provide them with the best services available. The following guidelines were designed in an attempt to ensure that we can do such.

HostKeeper will be the sole arbiter as to what constitutes a violation of these provisions.


General:
Services provided by HostKeeper 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.

The subscriber agrees to indemnify and hold harmless HostKeeper from any claims resulting from the use of the service which damages the subscriber or any other party.


Content:
Examples of unacceptable content include, but are not limited to:

Copyrighted media, without authority to distribute or display

Unlicensed applications

Cracking programs or key generators

Child pornography or kidnapping material

Fraudulent activity, phishing, pyramid schemes, chain letters, forgery, or impersonation

Terrorist propaganda, racist material, or bomb/weapon instructions

Virus/Virii, Spyware, Malware, or other infectious material

Material protected by trade secret or other statute

Additionally, HostKeeper prohibits:
IRC and associated programs (including psybnc, bots, etc...)

Scripts commonly used for abuse, attacks, or flooding

Threatening, harrassing, or obscene content

Any proxies which do not require authentication (including open mail proxies, unprotected anonymous web surfing proxies, etc...)

Legal adult content is permitted on all HostKeeper product lines. The viewing/downloading or possession of such information/data by HostKeeper clientele is not governed by HostKeeper policy, and is at your own discretion/free-will, and may be governed by your state/federal government.

Links to unacceptable content, as defined above, are also prohibited.


HostKeeper Online Activity:
Any attempts to undermine or cause harm to the HostKeeper equipment, network, operations, or clientele is STRICTLY prohibited. HostKeeper will pursue legal action to the fullest extent for all abuse/violation of such.

Any activity deemed damaging or abusive, whether unlawful or considered to be detrimental to the operations of HostKeeper is prohibited.
This includes, but is not limited to:

  • Denial of Service Attacks (DOS/DDOS)
  • Unnecessary Port Scans
  • Mail Bombing
  • Unsolicited Advertising via IM, Forums, Newsgroups, Email, etc.. Bulk Email: We understand that bulk email is an important mechanism for keeping people informed. However, spamming (unsolicited advertising), from the HostKeeper network, or spamvertising (unsolicited advertising of) sites hosted on the HostKeeper network is STRICTLY prohibited.

    Legitimate bulk email meets the following criteria:

    1) The recipient has confirmed his willingness to be added to the distribution list of the mailing, by responding to a verification email, or, otherwise, verifiably confirming permission. (Evidence of such must be retained and available by request.)

    2) Messages include: Valid headers, removal instructions, and information on the method by which the subscribed address was obtained.

    All bulk email senders must post privacy policies, in association with the sending domains. Co-registration is not prohibited, but explanations of the sharing of information must be both publicly available and included in the confirmation mechanism for list subscription.

    If HostKeeper approaches a client for evidence of confirmation, this request must be honoured within 48 hours.

    Failure to meet the acceptable criteria for bulk mail may lead to immediate termination.

    Additionally, if such actions have caused mail servers or IP address ranges on the HostKeeper network to be blacklisted, HostKeeper reserves the right to assess a $100 charge to the customer account. This fee is set to cover administrative costs associated with removal from such lists.

    Please make an effort to limit outgoing mail on your account to no more than 1000 pieces per hour. Large mailings are preferred to be sent from the hours of 12AM - 8AM EST.


    Policy Violations:
    HostKeeper may, at any time, audit systems for any data/activity showing potential policy violations.

    Warnings: The HostKeeper Abuse Dept makes an attempt to contact the client, via email, when the first sign of a possible violation is noted. These alerts are a courtesy. Responses to such alerts are required. If an alert is received from any HostKeeper staff member, the client is responsible for acknowledging his/her understanding and citing any action planned or taken, within 24 hours of the notice. Failure to do so may lead to suspension. Repeated failure to do so may result in termination.

    Note: It is extremely important to ensure that the email address on record with the HostKeeper Customer Service Dept is valid. This is the address used for abuse notifications and warnings.


    Suspension/Deactivation:
    If any terms or conditions are failed to be followed, the client risks service suspension or termination. HostKeeper; reserves the right to remove any account, without prior notice. If HostKeeper; deactivates an account for violating policy, the client will forfeit any rights to a refund. No refunds for advance payments will be granted for deactivated accounts.


    Reactivation:
    If a service is suspended, the client will be required to pay a reactivation fee of $50.00, and when applicable, to cover any administrative costs associated with the offense/violation, as determined by HostKeeper


    Unauthorized Usage:
    In any case involving unauthorized parties utilizing a HostKeeper service for abuse/violations, the client will be responsible for stopping all affected applications, until the source of the problem is found and corrected. HostKeeper may opt to disable all services until the client can perform such an investigation. If the technical support of HostKeeper is required for the investigation, the client agrees to compensate HostKeeper at a rate of $65/hour for such services performed, if such services are not included in the client's current service package.

    In general, the client is responsible for maintaining a secure system. This includes, but is not limited to:

  • Requesting kernel updates
  • Applying application patches
  • Additionally, HostKeeper will not be responsible for securing third-party applications.

    Abusive Clientele:
    HostKeeper may at it's discretion suspend or terminate service of any client that is abusive/harassing to HostKeeper and/or HostKeeper employees. Examples of such activity include, but are not limited to;
    • Verbal abuse - cursing, yelling, threatening, etc...
    • Ongoing disregard for warnings or notices
    • Consistent mistakes/errors/changes causing unnecessary workload
    • Spamming HostKeeper email addresses, ticket systems, or servers
    • Continuous involvement in flood/DDOS activity, hacked services, or other ongoing non-permitted usage
    • Consistent late payments or responses
    • Issuing a chargeback or bouncing a payment
    • Continuous activation of problematic end-users
    • Activity which affects the service(s) of other HostKeeper clientele

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