Acceptable Use Policy & Terms of Service

Web Hosting 101 Acceptable Use Policy Last Updated: December 2005 Web Hosting 101's Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what Web Hosting 101 expects of them while using the service. All users of Web Hosting 101's services must comply with this Acceptable Use Policy and Terms of Service. We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Web Hosting 101 intends to provide its customers access to everything the Internet has to offer. While Web Hosting 101 is firmly committed to allowing you to host your own individual website, certain activities that may be damaging to Web Hosting 101 or the internet cannot be permitted. If you have any questions regarding this policy please contact us at sales@thehosting101.com. **All payments sent to Web Hosting 101 are nonrefundable except for the initial payment which may carry a 7 or 30 day money back guarantee. Dedicated servers and domain names will never carry a money back guarantee.** VIOLATIONS OF Web Hosting 101 ACCEPTABLE USE POLICY The following constitute violations of this AUP: Responsibility You are responsible for your sites and all sites that you host to be in accordance with all rules on this page. Misuse by you may result in actions on your account, including removal from the host without a refund. Inappropriate Use The Service must not be used to publish, post, distribute or otherwise disseminate unlawful material or information including, but not limited to: threatening, harassing, defamatory, obscene, or fraudulent information and materials, or proprietary, copyrighted, or otherwise intellectually protected information and materials for which Customer does not have authorization or authority to possess or distribute. The Service must not be used to request unlawful services or materials. The Service must not be used for activities Web Hosting 101 deems to impact its customers or its ability to deliver services to its customers. Such activities may include, but are not limited to: Obscene Speech or Materials The distribution of child pornography or any obscene, abusive, defamatory or threatening speech or material. You may host sites that contain adult material as long as ALL the models are of legal age. Intellectual Property Infringement Any activity infringing on the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, and patents. Spamming Sending unsolicited commercial bulk email ("UCE"), news postings or chain letters; advertising transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate sending UCE; use of web pages that allow "spamming" (known as "ghost sites") that directly or indirectly refers to domains or IP addresses hosted by Web Hosting 101. Web Hosting 101 reserves the right to determine in its sole discretion what constitutes UCE based on the information available. Sending any email to purchased lists or lists obtained by any other method (such as harvesting) is not acceptable. Customers may only send email to recipients who have joined mailing lists directly from their site. Maintaining an Open Email Relay Allowing email to be sent through Customer's system by a third party (i.e. neither to nor from Customer or Customer's accounts). Fraud Using a false identity; using pyramid/ponzi scheme; storage or transmission of any intentionally incorrect data or packet. Virus, Worm, or Trojan horse program distribution The deliberate transmission of computer viruses, worms or trojan software. Denial of Service Using any technique to intentionally degrade or disable the delivery of any legitimate data. Glutting of servers Oversized storage of any files that would be unreasonably large (ie. making a zip file filled with text files just to pad the size). Again, your webspace is not for data back up. It is only for hosting real sites. Unauthorized Access Attempting to gain unauthorized entry to any site or network, or any network or host scanning, probing, monitoring or other information gathering associated with such activity; using the Service to guess passwords. Customer Responsibilities: Bulk Email Customers sending bulk email must provide recipients with an easy and effective mechanism for removal from bulk email list. Customer must include the source of the addressee's address in each bulk email message. Password Protection Customer is responsible for protecting passwords and for any authorized or unauthorized use. Music & Video Files Customer may not without permission have sound or video files in any format (MP3, ASX, ASF, RA, RAM , QTV , MPEG , AVI , WAV). Content Protection Customer agrees to provide appropriate protection to prevent minors (persons under 18 years of age) from accessing any unsuitable material that Customer publishes via any Service. Content Ownership Customer is responsible for all content or information residing on, or obtained, or transmitted via, the Service, regardless of whether such use is by Customer. File repository /Dump Sites Customer may not use disk space as a file repository, or dump site. This includes but is not limited too; warez, serialz, sound files, applications, zip files. Your account is to be used for hosting a website not for file storage. File Distribution Customer may not use account as a download distribution point. Again, your account is to be used for hosting a website not for storage or distribution of files. Customers Email Customer is responsible for updating their email address within the members area. Any emails that the customer does not receive due to this data being outdated is not Web Hosting 101's fault. Network Performance Web Hosting 101's shared and reseller accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer (eg. in excess of 10% CPU usage) may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in suspension or termination of your account. You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of Web Hosting 101's systems or networks. Web Hosting 101 reserves the right to terminate or limit such activities. AUP Enforcement If a Web Hosting 101 account is used to violate the Acceptable Use Policy, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time. Limitation of Liability LIMITATION OF LIABILITY: Web Hosting 101 shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from servers going off-line or being unavailable for any reason whatsoever. Further, Web Hosting 101 shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Web Hosting 101 servers. All damages shall be limited to the immediate termination of service. Web Hosting 101 shall be the sole arbiter of what is and is not a violation of these acceptable use policies. Web Hosting 101 reserves the right to terminate an account at any time and for any reason that causes harm to any customer's web sites. Web Hosting 101 reserves the right to delete all content and files upon termination. Web Hosting 101 reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. Web Hosting 101 reserves the right to refuse, cancel, or suspend service at our sole discretion. Web Hosting 101 reserves the right to change these Policies without prior notice or warning. Non-enforcement of any part of these Policies does not constitute consent. Disclosure to Law Enforcement Web Hosting 101 may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies. REPORTING VIOLATIONS OF Web Hosting 101 AUP Web Hosting 101 requests that anyone who believes that there is a violation of this AUP please report it to the Abuse Department at abuse@thehosting101.com. Applicable Law This Terms of Service is subject to the laws of the State of Florida. Courts of competent jurisdiction in Jacksonville, Florida shall hear and decide any disputes.