Host-All.Com
provides Internet World Wide Web page hosting, Marketing,
and Development. Host-All.Com has certain legal and ethical
responsibilities consisting with the use of its server and
equipment involved in these services.
Host-All.Com general policy is to act as a provider of
Internet presence. Host-All.Com has specific ethical
concerns regarding the use of its computers detailed below.
Host-All.Com
reserves the right to suspend or cancel a customer's access
to any or all services provided by Host-All.Com 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-All.Com is strictly prohibited.
Unauthorized use of other people's accounts or computers
Host-All.Com
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-All.Com
customer, whether or not the attacked account or computer
belongs to Host-All.Com, 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-All.Com 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. Unacceptable
uses also include, but are NOT limited to: Bulk emailing,
unsolicited emailings, newsgroup spamming, pornographic
content, illegal content, copyright infringement, trademark
infringement, warez, cracks, software serial numbers, and/or
anything else determined by Host-All.Com to be unacceptable
use of Host-All.Com's services including abuse of server
resources.
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
- 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
Host-All.Com will be the sole arbiter as to what constitutes
a violation of this provision.
Unsolicited Email (Spam)
Unsolicited commercial advertisements (spam) are not allowed
in e-mail, and will likely result in account cancellation.
Host-All.Com takes a zero-tolerance approach to spam
originating from our servers or for spam advertising of
domains hosted on our servers.
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-All.Com (spamvertising),
then the provisions of the above Policy shall apply as if
the spam were sent through our servers.
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,
without approving it with the Host-All.Com 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: Parachat chat
rooms do not apply to this rule. They are perfectly fine to
install.
Abuse of SMTP Mail Server
We do not allow clients to send more than 1000 pieces of
e-mail per day. If you do send more than 1000 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 1000 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 $50.00/month in
addition to your regular hosting charges if your account is
moved to this server. Please contact noc@host-all.com to have
your domain moved.
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.
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-All.Com 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-All.Com via our
cancellation form to request for termination of services.
All payment is in U.S. currency. Host-All.Com will bill each
client $50 per returned check, per wire transfer received
and per credit card chargeback received. All Host-All.Com
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 $50.00 fee.
Please contact the billing department at billing@host-all.com
should you wish to change your anniversay billing cycle.
Cancellation
Host-All.Com reserves the right to cancel service at any
time. All fees paid in advance of cancellation will be
pro-rated and paid by Host-All.Com if Host-All.Com
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-All.Com's web hosting plans are backed by a 30
day money back guarantee. If you are not completely
satisfied with our services or support within the first 30
days of your contract, you will be given a full refund of
the contract amount excluding setup fees, domain
registration fees, addon/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-All.Com is notified within
the first 30 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 located
in our administration area. 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.
Intellectual Property
Rights
Material accessible to you through Host-All.Com'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-All.Com
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-All.Com network. If you use a domain name in
connection with Host-All.Com 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 Host-All.Com 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-All.Com
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.
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 therefrom.
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.
Static / Dynamic Content
Caching
You expressly (i) grant to Host-All.Com a license to cache
the entirety of your Web Site, including content supplied by
third parties, hosted by Host-All.Com 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.
IP Address Ownership
Host-All.Com shall maintain and control ownership of all IP
numbers and addresses that may be assigned to you by Host-All.Com
and Host-All.Com reserves, in its sole discretion, the right
to change or remove any and all such IP numbers and
addresses.
Lawful Purpose
Host-All.Com reserves the right to refuse service to anyone.
Customers may only use Host-All.Com 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-All.Com management. Regardless of the
place of signing this agreement, the client agrees that for
purposes of venue this contract was entered into in Pueblo
County, Colorado, and any dispute will be litigated or
arbitrated in Pueblo County, Colorado. Defendants further
waive all objections to venue and acknowledge that venue in
any such litigation will be held in Pueblo County courts. IN
NO EVENT SHALL HOST-ALL.COM'S MAXIMUM LIABILITY EXCEED FIVE
HUNDRED ($500.00) DOLLARS.
Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND
HOLD HOST-ALL.COM HARMLESS FROM ANY AND ALL DEMANDS,
LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE
ATTORNEY'S FEES ASSERTED AGAINST HOST-ALL.COM, 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-ALL.COM AGAINST LIABILITIES ARISING
OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY
PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH
HOST-ALL.COM'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-ALL.COM'S
SERVER.
Disclaimer
HOST-ALL.COM WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR
BUSINESS MAY SUFFER. HOST-ALL.COM MAKES NO WARRANTIES OF ANY
KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. HOST-ALL.COM 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-ALL.COM
AND ITS EMPLOYEES. HOST-ALL.COM RESERVES THE RIGHT TO
REVISE ITS POLICIES AT ANY TIME.
ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF
HOST-ALL.COM MUST ADHERE TO THE ABOVE POLICIES.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS
FOR IMMEDIATE ACCOUNT DEACTIVATION.
Privacy Statement
Host-All.Com follows the strict guidelines of our customer
privacy statement. Please make sure you understand this
statement fully. Please
click here to read the privacy statement. |
