This Agreement, is made and entered by Hosting Masters, ("Hosting Masters"), and you, ("User").
Intending to be bound in accordance with the terms hereof, the parties agrees as follows:
All services may be used for lawful purposes only. Through Hosting Masters' service, you may have access to chat areas, bulletin boards, web pages, email, or other services that enable you to send or post materials ("content") and make that content available to others. You must not submit, publish, or display on the Network any defamatory, inaccurate, abusive, obscene, infringing, or threatening content. In addition, you may not submit, publish, or display any content that violates any US federal, state, or local law. You are solely responsible for the content you make accessible through the Hosting Masters network. You may not use the Service to assist any other person or entity to violate any Federal, State, or Local laws, ordinances, or regulations.
Hosting Masters is not obligated to monitor the network to examine available content. You hereby acknowledge that if we are made aware of content that is determined to be, in its sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, Hosting Masters has the right, but not the obligation, to edit, remove or deny access to such content. Hosting Masters may disclose any content or records concerning customer's account as required to satisfy any law, regulation, governmental request or court order.
Pornography and sex-related merchandising are prohibited. This includes sites that may infer sexual content, display nudity, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Hosting Masters' servers or any other server on the Internet. Links to such materials are also prohibited. In addition, any site selling or promoting bulk email service is not allowed.
Examples of unacceptable content or links:
Hosting Masters will be the sole arbiter as to what constitutes a violation of this provision.
Customers may not use the Hosting Masters 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. Hosting Masters 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.
Each Hosting Masters account comes fully equipped with its own pre-configured CGI-Bin. Customers are free to use any CGI-scripts provided with their account or add any additional ones they require. Any CGI-scripts deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice. CGI-script sharing with domains not hosted by Hosting Masters is not allowed.
Hosting Masters prohibits its customers from installing outside chat rooms on their domain, as these tend to be a resource problem. Hosting Masters does provide its customers a choice of Java Chat rooms to choose from for a nominal monthly charge. These chat rooms were designed to meet the growing needs of customers and function without hindering the performance of the servers for others.
Any web site that uses an extraordinarily high amount of server resources (such as, but not limited to CPU time, memory usage, and network resources) will be given an option of either upgrading their service level or reducing the resource used to an acceptable level.
Background Running Programs and Daemons
Background Daemons in general are prohibited. Hosting Masters will consider requests on a Per Application Basis. If allowed, extra charges will be assessed based on resource requirements for system maintenance.
Hosting Masters currently prohibits its Users from operating IRC or IRC Bots on any of the Servers in the Hosting Masters Network.
Backups / Restores
As a courtesy, Hosting Masters provides a backup service on shared hosting accounts. You can request our administrators to run a restore of your site or any files for a one time charge of $75. Although Hosting Masters tries to ensure these backups are complete and accurate, we cannot guarantee data integrity. It is possible that a site and/or file may not be able to be restored. Hosting Masters recommends that the customer periodically and frequently backup their site to their local computer.
Commercial Advertising/ Mass Mailings
You must not use the Hosting Masters Network, Hosting Masters equipment or any Hosting Masters 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 prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Hosting Masters Network, Hosting Masters equipment or any Hosting Masters email address. A message is considered 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. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.
If you are found to have spammed, Hosting Masters reserves the right to disable your domain. In addition, Hosting Masters may impose a $100 penalty for each spam policy violation. Hosting Masters reserves the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
Spamming (the sending of unsolicited email) is STRICTLY prohibited. None of the following will be tolerated.
Your account may be immediately terminated if you violate any of the following policies:
Spammers are caught 100% of the time in the present internet. Though still not unlawful in some places, it is now possible to press civil charges for spam. The penalty can be a monetary value as much as $25,000 in some states in the US. If you are unable to pay the fines levied against you by the courts, you are considered "In Contempt" of the court, and can get 60-750 days in jail. Here are just a few examples of what can be considered as spam:
Hosting Masters will be the sole arbiter as to what constitutes a violation of this provision.
Distribution and/or Transmission of Obscene, Indecent Speech or Materials
Violation of Indecency and Obscenity Laws can result in Criminal Penalties.
Intellectual Property Rights
Material accessible to you through Hosting Masters' 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 the Hosting Masters service 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 Hosting Masters network. If you use a domain name in connection with the Hosting Masters service or similar service, you must not use that Domain Name in violation of any Trademark, Service Mark, or similar rights of any third party.
Refusal of Service
Hosting Masters reserves the right at its sole discretion to refuse or cancel service. Violation of any of Hosting Masters' policies could result in a Warning, Suspension, or possible Account Termination. Accounts terminated due to policy violations will not be refunded.
Payment for Service
Users and/or resellers agree to pay in advance for services rendered.
Users and/or resellers agree to pay the renewal charges on or before the first day of the anniversary of account setup each month following execution of this agreement, together with any additional charges, costs or assessments made by Hosting Masters under the terms hereof.
Users and/or resellers agree that any unpaid balance due hereunder shall bear interest at the rate of 18% per annum, and that costs of collection, including court costs and reasonable attorney fees shall be added as principal amounts to such balance.
Users and/or resellers agree to pay a $20 fee for any returned checks.
Term and Termination
This agreement shall have an initial term of one month from the date of execution hereof, unless otherwise specified by order request. Upon expiration of such term, this agreement shall automatically renew for successive equivalent periods, unless notice is given by either party of its intent to terminate the agreement prior to the scheduled renewal date. All terms and conditions of this agreement shall be in full force and effect during all original and renewal periods hereunder.
Customers wishing to cancel service must do so at http://hostings.com/cancel.htm - this form will generate a confirmation ID number that may be used to confirm cancellation of service. No cancellation requests will be accepted by email or telephone for security reasons. No further renewal charges will occur once this form has been submitted with valid authorization information. Note that any accrued pending charges (such as traffic fees) might be posted after that date.
No refunds are given for prepaid periods.
Hosting Masters reserves the right at its sole discretion to refuse or cancel service. Violation of any of Hosting Masters' Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.
30 Day Money Back Guarantee
Hosting Masters provides a 30 day "no nonsense" money back guarantee for all direct shared hosting accounts. If for any reason, you request cancellation during your first month, we will refund you the first month's cost plus any set-up fees. Please note that fees for resold domains are non-refundable.
Indemnification of Hosting Masters/Relationship of Parties
Customer agrees that it will protect, indemnify, save and hold Hosting Masters harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's fees assessed against Hosting Masters, its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it's customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold Hosting Masters harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with Hosting Masters' Services; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright violation and any defective products sold to a customer from Hosting Masters Services.
Hosting Masters will not be responsible for any damages your business may suffer. Hosting Masters makes no warranties of any kind, expressed or implied for services we provide. Hosting Masters 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 Hosting Masters and its employees. Hosting Masters reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.
Hosting Masters furthermore expects that its customers who provide Internet services to others will fully comply with all applicable laws concerning the privacy of online communications. A customer's failure to comply with those laws will violate this policy. Finally, Hosting Masters wishes to emphasize that in accepting services, customers indemnify Hosting Masters for the violation of any law or Hosting Masters policy, that results in loss to Hosting Masters or the bringing of any claim against Hosting Masters. This means that if Hosting Masters is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Hosting Masters, plus costs and reasonable attorneys' fees.
Governing Law, Arbitration, and Venue
This Agreement will be governed by and construed in accordance with the laws of the State of Georgia. Any disputes arising under this agreement will be resolved by binding arbitration, to take place in Union County, Georgia.
Hosting Masters insures that all personal information being voluntarily submitted to us in the processing of your order (to be used for record and billing purposes, etc.), inclusive, but not limited to, credit card and other personal information, will be kept strictly confidential and used "solely" by Hosting Masters, its authorized representatives and employees; for the strict purpose for which it was intended, and for the benefit of the User. We agree not to share, rent, sell or release this information to any individual, entity or third party, for any reason, without the specific written consent of the User; with exception as required by Law, Regulation or Governmental Authority.
Hosting Masters is committed to protecting and securing all User-provided information, through the use of firewalls and additional security measures in place at its physical facilities to protect against the loss, misuse or alteration of such information.