Acceptable Use Policy & Terms of Service!
HostingConcept Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what HostingConcept expects of them while using the service. All users of HostingConcept Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).
IMPORTANT NOTICE: *All Payments To HostingConcept.net for Domain Registration(s) and Setup fee are Non-Refundable*
We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. HostingConcept may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your HostingConcept account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understand of HostingConcept Acceptable Use Policy. The following are guidelines for the establishment and enforcement of HostingConcept AUP: Ensure reliable service to our customers Ensure security and privacy of our systems and network, as well as the networks and systems of others Comply with existing laws Maintain our reputation as a responsible service provider Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services Preserve the value of Internet resources as a conduit for free expression and exchange of information Preserve the privacy and security of individual users HostingConcept intends to provide its customers access to everything the Internet has to offer. While HostingConcept is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both HostingConcept and the Internet and cannot be permitted under the guise of free speech. The resources of HostingConcept and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.
We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.
You may not use your dedicated rack or virtual site to publish material, which HostingConcept.net determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.
If a HostingConcept account is used to violate the Acceptable Use Policy or our TOS, 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.
As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at Support@HostingConcept.net.
VIOLATIONS OF HOSTINGCONCEPT ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
use: HostingConcept services may not be used
for illegal purposes, or in support of illegal activities.
HostingConcept reserves the right to cooperate with
legal authorities and/or injured third parties in the
investigation of any suspected crime or civil wrongdoing.
Harm to minors:Use of HostingConcept service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography, child pedophiliac material (pedo hard pics).
Threats: Use of HostingConcept service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
Harassment: Use of HostingConcept service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
Fraudulent activity: Use of HostingConcept service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of HostingConcept service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending HostingConcept account.
BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server/domain immediately removed from our network. The server/domain will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material/domains immediately upon reconnection and agree to allow us access to the server/domain to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server/hosting account from our network without notice to the customer. Any server/domain guilty of a second violation WILL be immediately and permanently removed from our network without notice.
E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending HostingConcept account.
E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through HostingConcept service is in violation of this AUP.
HostingConcept has a zero tolerance policy for the use
of its network for the posting of messages or commercial
advertisements, which violate the rules, regulations,
FAQ or charter of any newsgroups or mailing list. Commercial
messages that are appropriate under the rules of a newsgroup
or mailing list or that are solicited by the recipients
- IRC networks: It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers/hosting found to be connecting to or part of these networks will be immediately removed from our network without notice. The server/hosting will not be reconnected to the network until such time that you agree to completely remove any and all traces of the irc server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server/member guilty of a second violation will result in immediate account termination. Adult Content: Explicit adult content (pornography) will be grounds for immediate suspension of your account. Sites containing only links to adult content will be immediately suspended. HostingConcept will be the sole arbiter as to what constitutes a violation of this provision. Adult-oriented sites, pornography and sex-related merchandising are prohibited. We also prohibit sites that provide storage, sale, distribution, hypertext link to, advertisement, promotion or hosting of material that is unlawful, defamatory, obscene, harmful, threatening, harassing, or an intrusion of privacy or publicity rights, or otherwise objectionable. Note: Artistic nudity may be acceptable, but this is at the sole discretion of HostingConcept.net.
Unauthorized access: Use of HostingConcept service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of HostingConcept or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending HostingConcept account is subject to immediate termination.
Copyright or trademark infringement: Use of HostingConcept service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
Collection of personal data: Use of HostingConcept service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
Network disruptions and unfriendly activity: Use of HostingConcept service for any activity which affects the ability of other people or systems to use HostingConcept Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. HostingConcept will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using HostingConcept services could result in suspension service.
Third Party Accountability: HostingConcept subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.
Violation Of HostingConcept Virtual Accounts: It is absolutely forbidden to host pornographic content or IRC servers on Virtual Hosting/Reseller Accounts. Virtual hosting/Reseller accounts found hosting this material will be subject to immediate cancellation without refund.
Banned Scripts/Files :
The following scripts are banned from use on our shared and reseller hosting and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.
IRC egg drops
Audio/video streaming eg, .mp3, .avi etc.
UBB (Ultimate Bulletin Board, all versions)
Ikonboard, Yabb (all versions)
Cgi/Perl Content management systems
Shell, SSH, Telnet Scripts and Shell, SSH, Telnet Alternatives.
Any script that uses & processes a massive number of flatfiles or large flatfile databases
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.Your password provides access to your account. It is your responsibility to keep your password secure. Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use. Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service. You must adopt adequate security measures to prevent or minimize unauthorized use of your account. You may not 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 you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host. Users who violate systems or network security may incur criminal or civil liability. HostingConcept 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.
HostingConcept accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer 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 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 HostingConcept systems or networks. HostingConcept reserves the right to terminate or limit such activities.
REPORTING VIOLATIONS OF HOSTINGCONCEPT AUP
HostingConcept requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at Support@HostingConcept.net.
If available, please provide the following information: The IP address used to commit the alleged violation The date and time of the alleged violation, including the time zone or offset from GMT Evidence of the alleged violation E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. HostingConcept may take any one or more of the following actions in response to complaints:
Issue written or verbal warnings
Suspend the Member's newsgroup posting
Suspend the Member's account
Terminate the Member's account
Bill the Member for administrative costs
and/or reactivation charges
Bring legal action to enjoin violations
and/or to collect damages, if any, cause by violations
REVISIONS TO THIS ACCEPTABLE USE POLICY
HostingConcept 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).
Policy and Disputes:
All Web Hosting plans include a 30 day money back guarantee. If you are dissatisfied with our service for any reason, you will receive a full refund (minus setup fees and overage charges) if you cancel your account within 30 days of the activation of your account. Our refund policy does not apply to any additional items or services. No refunds are available after 30 days. In order to cancel service, you must contact HostingConcept's Billing Team, Monday through Friday, 9:00 A.M. to 6:00 P.M. HostingConcept's billing representatives will assist you with the cancellation process. Please be aware that there are no pro-rated refunds after the first 30 days of service. The 30 day money back guarantee does not apply to reseller accounts or dedicated servers, or any fees associated with these accounts. The 30 day money back guarantee does not apply to account renewals.
Customers may contact HostingConcept's Billing Team via Live Chat Support, Helpdesk or email at: email@example.com.
and Unsolicited Commercial Email (UCE):
HostingConcept takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of HostingConcept may not use or permit others to use our network to transact in UCE. Customers of HostingConcept may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Violation of HostingConcept SPAM
policy will result in severe penalties. Upon notification
of an alleged violation of our SPAM policy, HostingConcept
will initiate an immediate investigation (within
48 hours of notification). During the investigation,
HostingConcept may restrict customer access to the
network to prevent further violations. If a customer
is found to be in violation of our SPAM policy,
HostingConcept may, at its sole discretion, restrict,
suspend or terminate customer's account. Further,
HostingConcept reserves the right to pursue civil
remedies for any costs associated with the investigation
of a substantiated policy violation. HostingConcept
will notify law enforcement officials if the violation
is believed to be a criminal offense.
First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that HostingConcept personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
As our Customers are ultimately responsible for the actions of their clients over HostingConcept network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server/hosting account immediately removed from our network. The server/hosting account will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server/hosting account from our network without notice to the customer. Any server/hosting account guilty of a second violation WILL be immediately and permanently removed from our network without notice.
and Disk Usage:
and Network Security:
Users are prohibited from violating or attempting to violate the security of HostingConcept Network. Violations of system or network security may result in civil or criminal liability. HostingConcept will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
Accessing data not intended
for such User or logging into a server or account,
which such User is not authorized to access.
Attempting to probe, scan or
test the vulnerability of a system or network
or to breach security or authentication measures
without proper authorization.
Attempting to interfere with
service to any user, host or network, including,
without limitation, via means of overloading,
"flooding", "mail bombing" or "crashing".
Forging any TCP/IP packet header
or any part of the header information in any
e-mail or newsgroup posting.
Taking any action in order to
obtain services to which such User is not entitled.
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). HostingConcept will monitor Customer's bandwidth and disk usage. HostingConcept shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in HostingConcept sole and absolute discretion. If HostingConcept takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, HostingConcept may, at its sole discretion, collect a deposit, in an amount determined by HostingConcept, against customer's credit card on file with HostingConcept.
- System and Network Security:
of Service or Cancellation:
HostingConcept is under no duty
to look at each customer's or user's activities
to determine if a violation of the AUP has occurred,
nor do we assume any responsibility through our
AUP to monitor or police Internet-related activities.
First violation: Any User, which
HostingConcept determines to have violated any element
of this Acceptable Use Policy, shall receive an
email, warning them of the violation. The service
may be subject at HostingConcept discretion to a
temporary suspension pending a User's agreement
in writing, to refrain from any further violations.
Second Violation: Users that HostingConcept
determines to have committed a second violation
of any element of this Acceptable Use Policy shall
be subject to immediate suspension or termination
of service without further notice.
- We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
A waiver by the Company of any
breach of any provision of this Agreement by Subscriber
shall not operate as or be construed as a continuing
or subsequent waiver thereof or as a waiver of any
breach of any other provision thereof.
Subscriber shall not transfer or
assign this Agreement without the prior written
consent of the Company. Company may assign Agreement
at anytime without consent from or notice to Subscriber.
Company reserves right to cancel customers rights
under this contract at anytime without further obligation.
HostingConcept takes no responsibility
for any material input by others and not posted
to HostingConcept Network by HostingConcept. HostingConcept
is not responsible for the content of any other
websites linked to HostingConcept Network; links
are provided as Internet navigation tools only.
HostingConcept disclaims any responsibility for
any such inappropriate use and any liability to
any person or party for any other person or party's
violation of this policy.
HostingConcept is not responsible
for any damages your business may suffer. HostingConcept
does not make implied or written warranties for
any of our services. HostingConcept denies any warranty
or merchantability for a specific purpose. This
includes loss of data resulting from delays, non-deliveries,
wrong delivery, and any and all service interruptions
caused by HostingConcept.
It is absolutely
forbidden to host pornographic content or IRC servers
on Virtual Server Accounts. Virtual Server Accounts
found hosting this material will be subject to immediate
cancellation without refund.
IMPORTANT NOTICE: *All Payments To HostingConcept.net for Domain Registration(s) and Setup fee are Non-Refundable*
HostingConcept.net ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of HostingConcept Service constitutes acceptance and agreement to HostingConcept AUP as well as HostingConcept TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of HostingConcept and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the state of Texas, county of Harris applicable to contracts enforceable in that state. Venue will be Harris County, Texas
to Law Enforcement:
The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition HostingConcept shall have the right to terminate all service set forth in this Agreement.
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. The above applies to all accounts and services provided by HostingConcept.
Backups and Data Loss:
Your use of the service is at your sole risk. HostingConcept.net is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on HostingConcept.net servers.
The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. Paypal Subscription Cancellations: If you subscribed to our hosting plan with Paypal payments and if we get notice from paypal.com regarding your subscription cancellation, we have full right to suspend your hosting account till the subscription is reinstated. HostingConcept.net do not host websites with cancelled subscriptions.
Requests for canceling accounts may be made in writing or email with at least 30 days notice.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Transfer of Domains Registrar:
New webhosting accounts which involve the transfer of a domain from another provider /registrar to HostingConcept.net will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by HostingConcept.net on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
HostingConcept reserves the right to suspend network access to any customer if in the judgment of HostingConcept network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which HostingConcept chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
HostingConcept wishes to emphasize that in agreeing to HostingConcept Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies HostingConcept for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to HostingConcept or the bringing of any claim against HostingConcept by any third-party. This means that if HostingConcept is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against HostingConcept, plus all costs and attorney's fees.
LIMITATION OF LIABILITY:
HostingConcept shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from HostingConcept servers going off-line or being unavailable for any reason whatsoever. Furthermore, HostingConcept 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 HostingConcept servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to Info@HostingConcept.net. All complaints will be investigated promptly.
Responsibility for Content:
You, as HostingConcept customer, are solely responsible for the content stored on and served by your HostingConcept server.