Hosted00 Terms of Service

TERMS OF SERVICE This Terms of Service ("TOS") sets forth the terms and conditions of your use of Hosted00.net web hosting services, e-commerce and other Internet-related services. In this Agreement "you" and "your" refer to the customer and "we", "us" and "our" refer to 'Hosted00.net'. By selecting our service(s) you have agreed to establish an account with us for such services. By using the service(s) provided by us under this TOS, you acknowledge that you have read fully and agree to be bound by all terms and conditions of this TOS, and any pertinent rules or policies that are or may be published by Hosted00.net.

1. Use of Our Services To ensure the integrity and efficiency of all services provided by Hosted00.net, the observation of conditions of use for the following services are vital to the quality of service we offer each account holder that utilises the same web hosting server: - Server space and bandwidth You may occupy only the amount of disk space that are allocated to you according to the service plan you have subscribed to and utilize no more than the network bandwidth that is allotted by us. Additional fees, specified in the web hosting services page, will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan. However, if the resource usage is excessive and causing disruption to other account holders on the same server, we reserve the right to deactivate the account pending your cooperation and resolution.

- CGI scripts You are free to use any scripts you wish provided they do not affect the normal operations of the server. CGI scripts can be resource intensive and because a web hosting server is shared with other users, we must limit how much of the system resources can be used by any one account on a shared server. 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, we reserve the right to disable the account pending your cooperation and resolution. Hosted00.net will be the sole determinant of what constitutes degraded server performance.

- Unauthorized daemons and background processes An unauthorized daemon is any process that runs continuously in the background that is not started or operated by Hosted00.net. Only daemons that have the express written permission of Hosted00.net are permitted to operate on the our servers. However, if any of these daemons start to exhibit operating problems, we reserve the right to terminate the daemon immediately and restrict its ability to restart. Any account found to be operating any programs and/or daemons that open listening sockets on our server are expressly forbidden and will be terminated at our discretion.

- BOTS Hosted00.net does not allow bots of any kind to be operated on our web hosting servers. This includes, but is not limited to, IRC servers, IRC bots, proxies, anonymizers, and web transversal spiders.

- Ddos Tools/Attacks Hosted00.net does not allow any kind of Ddos tools to be operated on our web hosting servers. This includes, but is not limited to, Flooders, botnets. Ddos Attacks on VPS or Dedicated Services will incur a fee if seen to be very large and damaging for other customers. If found doing such things, the 7 day money-back guarantee is voided.

- Chat Servers Chat Servers of any kind are strictly prohibited. Chat scripts, especially CGI and/or PHP scripts, have proven to be disruptive on web hosting servers and can hinder the performance of normal delivery for other account holders. For this reason chat scripts/clients, that are not Java based or hosted by a third party provider, are not permitted on any of our web hosting servers.

- SSI Calls All SSI calls should be made from files that are in accordance with established naming conventions. This means all SSI calls should originate from files that are named with the .shtml or .shtm file extensions. Hosted00.net reserves the right to disable any SSI that is not being called from a file with the .shtml or .shtm extension.

- Mailing Lists All web hosting packages include access to the pre-installed EZ-MLM mailing list software. It is important that you use such tool accordingly. If you are sending to large mailing list (exceeding 1000 addresses) you should contact Hosted00.net requesting permission to send the mailing through our servers prior to sending any messages. Should such a large mailing disrupt normal services or create unacceptable server loads, the account associated with the mailing risks termination.

- Bulletin Boards Due to their use of flat files instead of databases, Hosted00.net does not allow the use of UBB or YABB bulletin boards. Use of these boards for large or very active forums, results in system performance degradation, and cannot be allowed in our shared hosting environment. We suggest using VBulletin or phpBB or Invision Power Board as a more efficient, database-driven alternative to these bulletin boards.

- Sharing of your account resources In general, we do not restrict you from sharing your account resources with other non-account holders. However, if you choose to give away and/or sell any service provided by Hosted00.net, within or in addition to your account, we reserve the right to contact you to request for suspension/reduction on your account usage if the resources being used are above and beyond the reasonable usage of an account on a shared hosting server (specified by us). Hosted00.net has agreed to host/service you and your account only. All users permitted access to the services provided by us, via your account, are also bound by this Terms of Service. If these users violate the Terms of Service your account would be placed in jeopardy and at risk of termination.

- Excessive Resource Usage and/or Abuse Any account that affects the normal operation of any of the services provided by Hosted00.net including, but not limited to, administrative tasks, technical support, database services, server access, network speed, content or email delivery, may be deactivated in an effort to restore normal operations. In the event of account deactivation, we remain the final authority in determining whether or not the account will be reactivated. The severity of the violation, as well as the account holder's cooperation and ability to prevent future abuses, will be considered by Hosted00.net when determining whether or not the account will be reactivated.

- Back-Up Files and Processing Hosted00.net does not hold regular back-up files for its servers, clients are expected to keep their own local copy.

-Account Terminations (Backups) If your account has been terminated due to non-payment of invoices or abusing our network and you wish for your files/databases to be returned from our backup servers there is a $11.99 charge for this service. We only store backups for 30 days after the Due Date. Unfortunately if a client requires his backup after 30 days from the due date we will not be able to provide it. This backup service excludes VPS Services and Dedicated Servers.

2. Prohibited Services and Activities The following services and activities are strictly prohibited on any of our shared hosting servers: - Illegal Content Our services may be used for lawful purposes only. Storage, data or material in violation of any copyright/trademark, as well as the participation or promotion of violence, racism, or any other defamatory content of any kind is strictly prohibited. You may not use any of our services to host illegal, copyrighted, trademarked, patented, or trade secret material without prior permission from the author or owner. This includes pirating software , audio/video files, cracks and/or registration codes. If we discover any of the above occurring on your account it will be used as grounds for immediate termination of your account without any refund.

- Adult Material and Pornography Adult Pornography is allowed on all our hosting servers when they are legal models. Child Pornography of any kind is prohibited on all servers and will be reported to the proper authorities if found. Hosted00.net reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related". If you are unsure whether or not your site falls into this category feel free to contact us with a description and link for review before you place an order.

- Spam/UCE (Unsolicited Commercial Email) Hosted00.net has a strict "No-Spam" policy. The abuse and misuse of email is a serious problem, and will not be tolerated. Sending spam is a direct violation of Hosted00.net' Terms of Service and is cause for immediate termination without refund. Hosted00.net considers spam to be any unsolicited email, often of a commercial nature, sent indiscriminately to mailing lists, individuals, or newsgroups, among other mediums. Any account found to be associated with the delivery of spam will be immediately terminated without warning and without refund. We reserve the right to refuse or cancel services to known spammers. Mailing lists and mass outgoing email is acceptable and many times necessary. However, we require that you send such messages only to those who have explicitly requested to receive them and clearly identify yourself as the sender. Forging or misrepresenting message headers, whether in whole or partially, to mask the originator of the message is prohibited. Hosted00.net reserves the right to decide what it considers "Spam", "UCE", "mail bombing", or "bulk email".

- Malicious Hacking, Cracking, and Scanning Accessing illegally and/or without authorization to content, services, computers, accounts, or networks belonging to Hosted00.net or another party, or attempting to penetrate Hosted00.net' security measures or other parties' is strictly prohibited and will result in immediate account termination. This includes any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity). Accounts initiating any activity or containing code/scripts/binaries etc that appear to be for the purpose of violating or disrupting our services and/or content of others will be terminated immediately without notice and without refund. Hosted00.net may also report any activity of such nature to the proper authorities as well as providing any information we may have to assist the authorities in contacting the party responsible for storing or using any of these types of tools.

- Other Activities This includes engaging in activities, whether lawful or unlawful, that Hosted00.net determines to be harmful to our customers, operations, reputation, goodwill, or customer relations. The responsibility for avoiding the harmful activities just described above rests primarily with you, the customer. Hosted00.net will not intentionally monitor the communications of our users to ensure that they comply with our policy or applicable law. However, we will take necessary actions to stop any harmful activity, including but not limited to, removing information, shutting down your account, implementing screening software designed to block offending transmissions, denying access to the Internet, or taking any other action that we deem appropriate. Hosted00.net may also disclose information, including but not limited to, information concerning your account, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. We assume no obligation to inform you that your information has been provided and in some cases may be prohibited by law from giving such notice.

3. Payment for Our Services - Service Fees All payments need to be paid on time. A payment reminder shall be delivered to you by email about 7 working days before your payment due date. You are required to remit payment to Hosted00.net not later than the due date or your account will be suspended. Any account that is unpaid 10 days after the due date is at risk of termination and/or extra fees. Accounts that remain deactivated for 30 days will be deleted without notice.

- Cancellation of services Cancelled and/or terminated accounts will be deleted within 48 hours and without backup provisions. Refunds for shared accounts under 7-day money back guarantee will be made within 24 hours of account cancellation. In the event of the cancelation of a service after the 7-day time period partial refunds may be issued depending on circumstance, all decisions on such matters made by us are considered final. No refunds are offered on Virtual Private Servers (VPS) or Dedicated Servers, Setup Fees, Domain Registration, SSL certificates, Dedicated IP addresses, or Software licenses.

- Violations and Refunds Any account that has been deactivated for any violation or non-payment will not be eligible for the 7-day money back guarantee. No refunds will be provided for any pre-paid fees in cases of account deactivation due to violation of our Terms of Service. No refunds will be provided for unexpected downtimes and maintenance.

- Pricing Revision Hosted00.net reserve the right to revise our prices at any time. If you have chosen to pre-pay for your account, the cost of the service already paid for will not be affected by any price changes whether they are raised or lowered. However, once your account is due for renewal, the new prices will be applicable.

4. Indemnity Following are some of the knowledge you are expected to be familiar with: i) Web design and publishing: requires a knowledge of HTML, uploading/downloading of web page contents, use of FTP programs or site design software, use of images, text, and multimedia content, etc. ii) CGI-scripts: requires a knowledge of the UNIX environment, languages such as Perl, PHP, Python, Javascript, shell commands, file permissions, etc. You agree that it is not the responsibility of Hosted00.net to provide such knowledge or technical support outside of our defined services. Hosted00.net makes no warranties or representations of any kind, whether expressed or implied for the services we are providing. Use of any information obtained by way of Hosted00.net is at your own risk, and we specifically deny any responsibility for the accuracy or quality of information obtained through our services.

5. Modifications to Active-Venture's Terms of Service. You agree, during the period of this TOS, that we may: (1) revise the terms and conditions of this TOS; and (2) change the services provided under this TOS, at any time.

Any such revision or change will be binding and effective immediately on posting of the revised TOS or change to the service(s) on Hosted00.net' web site, and/or on notification to you by email. You agree to review Hosted00.net' web site, including the TOS, periodically to be aware of any such revisions. If you do not agree with any revision to the TOS, you may terminate your account at any time. Notice of your termination will be effective on receipt and processed by us. You agree that, by continuing to use Hosted00.net services following notice of any revision to this TOS or change in service(s), you abide by any such revisions or changes. Your continued use of our services shall constitute your acceptance of this TOS with the new modifications. You acknowledge that if you do not agree to any of such changes, you may request that your account be cancelled. You agree that such cancellation will be your exclusive remedy if you do not wish to abide by any changes to this TOS.

6. Limitation of Liability YOU AGREE THAT Hosted00.net WILL NOT BE LIABLE FOR ANY... (1) USE OF YOUR WEB HOSTING ACCOUNT, (2) INTERRUPTION OF BUSINESS, (3) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR SITE OR THE WEB SITE(S) OR SERVICES YOU HAVE HOSTED ON OUR SERVER; (4) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD; (5) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (6) EVENTS BEYOND OUR CONTROL; (7) THE PROCESSING OF THIS APPLICATION; (8) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD. Hosted00.net ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Breach and Revocation Hosted00.net reserves the right to suspend, terminate or modify our services we provide in the event... (a) you materially breach this TOS and do not cure such breach within the period of time stipulated by us in our notice to you, (b) you use any of our services to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, (c) you use your web hosting account in connection with unlawful activity, or (d) grounds arise for such suspension, cancellation, or other modification as provided for in this TOS.

8. Right Of Refusal Hosted00.net, at our sole discretion, reserve the right to refuse or cancel any service provided to you, or to delete your account within five (5) calendar days from receipt of your payment for our services. In the event we do not accept your request of our service, or we delete your account within such five (5) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for any loss or damages that may result from our refusal to accept your request for our services.