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Terms of Service Affiliate Terms of Service

All services provided 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 or obscene, 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.

Pornography and sex-related merchandising is prohibited on all our servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Also prohibited are sites that promote any illegal activity or present content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

  • Pirated software
  • Hacker programs or archives
  • Warez sites
  • Sites with adult or pornographic content
  • Non-Licensed MP3's or Software
  • Different IRC bots and similar software...

We will be the sole arbiter as to what constitutes a violation of this provision.

Commercial Advertising - Email: Spamming, or the sending of unsolicited email, from our server or using an email address or domain that is maintained on our machine as reference is STRICTLY prohibited. We will be the sole arbiter as to what constitutes a violation of this provision.

Server Abuse: Any attempt to undermine or cause harm to a server, or customer is strictly prohibited. We also may move your site or request cancellation if you use a majority of system resources which affects other users. Refusal of Service: We reserve the right to refuse, cancel, or suspend service at our sole discretion.

All accounts and customers using our services must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate account deactivation.

Payment
Customers who are on recurring monthly plans are due for automatic billing from their paypal/credit card account one month after their sign up date, and every month thereafter, on or about the same day of the month via paypal.
If your payment information has changed, then you must notify us immediately so we may update our records. If on your bill date, your payment is declined, or payment is not made, you will get a notice that your account will be suspended in 7 days. If after this notice and 5 days has passed your account will be suspended temporarily and an email will be sent to the address on file to notify you of this problem. If payment is not arranged within 14 days, we will close your account, and any files may be lost. Reactivation of closed accounts due to delinquency incurs a $10 reactivation fee as well as payment of the balance due in full. For late payments please contact us at http://www.hostlings.net/contact.php to arrange payment. All prices are in US Dollars (USD).

Cancellation
If for any reason you are not satisfied with our services, please let us know by contacting us at http://www.hostlings.net/contact.php. We build our services around making hosting simple for the customer and want you to be happy. If for some reason we cannot meet your needs, you may notify us and we will discontinue billing your account at the end of your current bill cycle. No refunds are issued for hosting services already paid for, except during the first 30 days of service.

Excessive Resource Usage
Any web site that uses an excessively high amount of server resources including but not limited to CPU time, memory, and network bandwidth will be given an option of either upgrading their service level or reducing the resource used to an acceptable level.

Banned Scripts
You are free to use any scripts you wish provided they do not affect the normal operations of the server and they are not mentioned specifically below. Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, Hostlings reserves the right to disable the account pending client cooperation and resolution.

Scripts we do not allow include:
- Chat servers/scripts of any kind are strictly prohibited.

Distribution and/or Transmission of Obscene or Indecent Speech or Material

Violation of indecency and obscenity laws can result in criminal penalties.

Abuse
Any attempts to undermine, slander, libel, threaten, or cause harm to a Hostlings server, customer, employee/owner, 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.

Spamming Not Permitted
You must not use any Hostlings.net equipment or any Hostlings.net 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 shall include the sending of unsolicited mass mailings from any other service that in any way implicates the use of the Hostlings.net equipment or any Hostlings.net email address. A message is considered to be 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. Simply making one's email address accessible to the public will not constitute a request or invitation to receive messages, for purposes of enforcing this provision.

When any customer is found to have been engaged in spamming in violation of this agreement, Hostlings.net reserves the right to disable that customer's web site without warning. In addition, Hostlings.net may impose a $50 penalty for each spam policy violation. Hostlings.net solely reserves the right to refuse or cancel service to spammers. Hostlings.net reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund. Such cancellation of services for cause, specifically the reasons provided herein, shall automatically void Hostlings.net's 30 Money Back guarantee.

Refusal of Service
Hostlings.net reserves the right at its sole discretion to refuse or cancel service. Violation of any of Hostlings.net's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will NOT be refunded including during the 30 Day money back guarantee period.

Disclaimer
Hostlings will not be responsible for any damages your business may suffer. Hostlings makes no warranties of any kind, expressed or implied for services we provide. Hostlings 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 Hostlings and its employees. Hostlings makes a 99.99% Uptime guarantee.

Hostlings keeps weekly backups of their servers. Hostlings can accept no responsibility for any loss of data or consequences arising from this. Hostlings always advises clients to back up their site data regularly for its own protection.

Hostlings furthermore expects that its customers who provide hosting services (resellers) to others will ensure its customers fully comply with all applicable laws concerning the privacy of online communications and any other policy of Hostlings.net. A customer's failure to comply with those laws will violate this policy.

Finally, Hostlings wishes to emphasize that in accepting services, customers indemnify Hostlings for the violation of any law or Hostlings policy, that results in loss to Hostlings or the bringing of any claim against Hostlings.net. This means that if Hostlings is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Hostlings, plus costs and reasonable legal fees.

Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation.

Hostlings reserves the right to change, edit, or update the policies contained in this document, along with the content on our website at any time for any reason without notice.

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