Terms of Service

TERMS OF SERVICE

AllHostNet, like many business providing internet services, has strong reservations about acting as arbitrary censor upon the activities of its customers. That said, in today's legally vicarious online world, we have to make policy against content and user activity that places us under unnecessary duress and culpability:

This document is provided as a quick reference and explanatory guide to our policies. The language contained within is not to be construed as legally binding; merely as descriptive guide of the contents of the fully-worded service agreement document.

Your Personal Hosting Account

Customer may not resell space in their account. Personal accounts are to be used by the primary owner only, account holders are not permitted to resell, store or give away web-hosting services of their website to other parties. This includes email services, cgi scripts, and mySql services. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads.

Should customer wish to host materials for companies that are not under direct control of customer, arrangements should be made by sending mail to . Failure to comply with this is grounds for immediate suspension of account until such time as the issue is resolved.

Unauthorized Reselling or Providing Access Personal Account Services such as offering email services and accompanying features for use by individuals outside of the required use on your own account; the reselling or giving away of CGI and other scripts installed on AllHostNet Servers; or providing access codes to individuals not authorized to receive such materials as necessary for the running of your website or account.

Excessive CPU, Bandwidth or Disk Space Usage has the ability to compromise our shared hosting environment. This is the result of using the system in a manner that encumbers disk space, processors or other system resources beyond the allowances of your specific plan type and to the degree that your usage compromises the hosting accounts of our other customers.

Safelists

AllHostNet fully does not allow safelists to be run on our servers. These types of sites use a great deal of resources and can't be supported through our website.

Mailing Lists

AllHostNet has allocated tools to ensure proper delivery of opt-in opt-out mailing lists and normal email. It is important that you use
these tools accordingly. All full packages include access to the pre-installed Mailman Mailing List Software. Large mailing lists,
(those exceeding 500 subscribers) sent using the AllHostNet Services, must be sent using the mailing list tools that have been
pre-installed for this purpose. If your mailing list exceeds 1,500 addresses you should contact AllHostNet requesting permission
to send the mailing through the AllHostNet servers prior to sending any messages. Sending a large mailing through mailing list
software other than AllHostNet pre-installed software can adversely affect the flow of email. Should such a large mailing
disrupt normal services or create unacceptable server loads, the account associated with the mailing risks termination. All accounts may
only have one mailing list. Running more than one mailing list on your account risks suspension and termination of services.

Site Content

Adult Content

AllHostNet is not in the business of censorship, but our policy regarding adult sites is based on the content of the site, not by any prudish desire to keep the internet G-rated. Sites that portray violence against any race or gender will not be allowed. Feel free to contact us with your sites URL at , if you are unsure whether your site violates this policy. We reserve the right to refuse or cancel service to sites of this nature. Since it is also common that adult sites will be involved in spamming to generate traffic, please review our spamming policy below. It is quite severe and will be enforced without exception or limits.

Illegal Content and Non Acceptable Sites - Sites and files that violate copyright or other federal laws are grounds for instant termination of service. This expressly includes:

Copyrighted Software's ['warez']

Copyrighted Media [MP3 files of commercial recordings, etc]

Proprietary Computer information [e.g. stolen password files]

Hacking and Cracking Sites are strictly forbidden

Abuse & Illegal Activities

Warez Sites/Hacking Cracking Sites:
Warez Sites are sites that are typically used by "hackers" to trade (upload/download) illegally pirated copies of software programs with one another. AllHostNet has a zero-tolerance policy on all Warez Sites. Sites that become a trading post for "warez" programs will be reported to any and all regulatory, administrative, and/or governmental authorities for prosecution. In addition to your account being deleted from our servers, you may face legal action that can be taken against you by the programmers/software companies of the copyrighted software.

Any incident of server abuse is grounds for immediate and unconditional account termination. Common examples of abusive practices are listed below and AllHostNet reserves the right of interpretation as to what constitutes abusive practices. In short - if you are unsure that your actions may be perceived as an abuse of service, contact AllHostNet directly to check with us before proceeding.

Ignorance of the consequences of your actions will not protect you from liability.

AllHostNet will charge a $200.00 site clean-up fee for any abuse of the terms listed below PLUS, ALL TIME AND RESOURCES TO TRACK AND TRACE ABUSE WILL BE BILLED AT AllHostNet's $40.00 PER HOUR RATE x3 (TRIPLE DAMAGES).

Examples of, but not limited to, are:

Email abuse - Unsolicited Commercial Email ['Spam'] is implicitly forbidden. UCE costs us time and money, and using our equipment in this way will be treated like it is - illegal theft of service. In many states, sending spam to people without their permission is a felony punishable by law now.

Trafficking of illegal content - in the same way that storing illegal content on your account is banned, likewise is the utilization of your account to traffic illegal content, by any means or method, it must not reside on nor pass through a AllHostNet server.

IRC sessions - Using AllHostNet servers to run an Internet Relay Chat [IRC] session is grounds for immediate termination. This includes the use of BNC and other redirection servers to indicate a source address on any AllHostNet server. Running IRC from our servers makes them targets for attack. Don't run IRC sessions, IRC bots, IRC servers or IRC proxies. IRCs, Chat Rooms, MUDs, etc. Also software used in the maintaining of an IRC connection (daemons), 'bouncers', 'eggdrops' and the like are strictly prohibited. We will give no warning before terminating this activity and the account responsible.

Hacking / Denial of Service - Network activity that constitutes an attack on any internet host from a AllHostNet server is grounds for immediate termination of likely prosecution. In short - don't do it, because we wont stand by and watch it happen.

Site Backups

While we maintain regular backups of user data, in preparation for the inevitable event of hardware failure, we have some specific rules regarding the purpose and use of these backups: as a rule of thumb - AllHostNet is not a paid online backup service. There are actual online services out there, that will guarantee the integrity of your data on their repository. It is not recommended that you use your AllHostNet account as a backup service for your data. We provide web-serving services - your disk space quota is there for files to be served up as a website, it is not intended as a permanent repository for such data. This policy manifests itself in the following example scenarios:

No restoration of files deleted by users - This policy is, admittedly, draconian at first impression. The reality of the matter is that we cannot provide restoration of files specifically deleted by users, accidentally or otherwise. The reasoning behind this is founded in the time involved in restoring single files from tape archives - backup tape is slow, and the time involved in restoring a single file can run into hours. During this time, no updating of archives can occur - this ages the data on tape in relation to the current information stored on the servers, placing much more information at risk of permanent loss.

Backups for rapid restoration only - the backup operates with the goal of rapid server restoration in the event of hardware failure, and the retention of dynamic data [e.g SQL databases] in the face of such events. What this means to you directly is always keep your own copy of your website - the service we provide is to serve web pages, and not to act as backup server for your data. The backup system operates to maximize site availability in the face of catastrophe.

User Processes

Excessive resource usage - cgi scripts or other executable code that consumes an undue amount of CPU time [more than 10 minutes per hour of CPU time] will be reprioritized if possible, or we will ask you to discontinue its use either permanently or the script is altered by yourself or third party to operate in a less resource-hungry manner. Failure to cease operation of the offending executable will be considered as server abuse.

Background processes - background process [that is, application or utilities that are started from within an interactive shell login, and se to run permanently in the background on a server] are not to be initiated without prior arrangement with use. Generally, we accept background processes, so long as they do not openly break one of our other policies - we do however reserve our right to examine all code before it runs on our hardware.

Compiling - User rights to access compiler software is available upon request and arrangement. Once again, we choose to examine any code that is compiled and executed from our hardware. If you need access to the CP compiler, please contact us describing your need for access.

Support Restrictions

Areas we do not support - AllHostNet will make efforts support information for configuring popular network/web software to use internet services. However we can in no way specifically test every piece of software that could conceivably be utilized with our systems, only provide general system-related information.

The offer of any particular service does not constitute an obligation on AllHostNet's part to tutor the necessary skills to utilize that service, only to provide system-specific information.

Domain/DNS problems - in many situations, problems with domain names/DNS issues are NOT directly the responsibility of AllHostNet. DNS is a cooperative system and works solely because the parties involved in running the system agree to cooperate in the furtherance of the DNS/domain system. We will do our best to isolate the source of the problem at hand, however unless this source is hardware directly under the control of AllHostNet, then the task of acquiring a solution will fall back into your hands. AllHostNet will advise when requested, but rarely intermediate in domain issues not directly related to the operation of one of our DNS servers.

Payment Policies

All accounts are set up on a pre-pay basis. AllHostNet reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (3 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 AllHostNet at to request for termination of services. All payment is in U.S. currency.

Account Cancellation

AllHostNet reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by AllHostNet if AllHostNet 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, spamming, etc...)

All of AllHostNet web hosting plans are backed by a 15 day money back guarantee. If you are not completely satisfied with our services or support within the first 15 days of your contract, you will be given a full refund of the contract amount. No refund is available after the 15th day. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, etc. Due to security concerns, all account cancellations must be done via . Refunds will be issued back to your credit card within 15 days of receipt of cancellation.

Delinquent Accounts:
AllHostNet may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.

Lawful Purpose

AllHostNet reserves the right to refuse service to anyone. Customers may only use AllHostNet 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 AllHostNet management.

Indemnification

CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD AllHostNet HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST AllHostNet, 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 AllHostNet AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH AllHostNet 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 AllHostNet SERVER.

Disclaimer

AllHostNet WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. AllHostNet MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. AllHostNet 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 AllHostNet AND ITS EMPLOYEES. AllHostNet RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.

FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.

Privacy Statement

AllHostNet 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.

Intellectual Property Rights

Material accessible to you through AllHostNet 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 AllHostNet 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 AllHostNet network. If you use a domain name in connection with AllHostNet 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 AllHostNet 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. AllHostNet 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.

Terms of Service (TOS)

All Terms and Conditions of this TOS (Terms of Service) and our AUP (Acceptable Use Policy) may be modified at our sole discretion without prior warning.

AllHostNet reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service). All users of AllHostNet, and their clients, must comply with this AUP and our TOS (Terms of Service). Please check back regularly for any updates.