Last Updated on:
Fri Jan 13 2011 02:02:31 GMT+0200 (GTB Standard Time)

Host90 value our clients and wish to provide them with the best possible hosting experience. To offer you the best service possible, all clients need to follow the same rules and guidelines. These policies are intended to make Host90 service available to all our clients as consistently and efficiently as possible.

BASIC POLICY & TERMS OF SERVICE (TOS)

Host90 provides services to clients all around the world. Host90 has the responsibility to protect each client and provide them with the best services available. The following guidelines were designed in an attempt to ensure that we can do such.

Content:
Examples of unacceptable content include, but are not limited to:

* Copyrighted media, without authority to distribute or display.
* Unlicensed applications.
* Cracking programs or key generators.
* Child pornography or kidnapping material.
* Fraudulent activity, phishing, pyramid schemes, chain letters, forgery, or impersonation.
* Terrorist propaganda, racist material, or bomb/weapon instructions.
* Virus/Virii, Spyware, Malware, or other infectious material.
* Material protected by trade secret or other statute.

Additionally, Host90 prohibits:

* Scripts commonly used for abuse, attacks, or flooding.
* Threatening, harassing, or obscene content.
* Any proxies which do not require authentication (including open mail proxies, unprotected anonymous web surfing proxies, etc…)

Legal adult content is permitted on all Host90 product lines. The viewing/downloading or possession of such information/data by Host90 clientele is not governed by Host90 policy, and is at your own discretion/free-will, and may be governed by your state/federal government.

Links to unacceptable content, as defined above, are also prohibited.

Note: Pornography and sex-related merchandising is permitted on any Host90 servers. Sites that promote any illegal activity or content, or that may be damaging to Host90 servers or any other server on the Internet, is strictly prohibited. Links to such materials are also prohibited. Viewing/downloading of such information/data by Host90 Internet Access customers is not governed by Host90 policy, and is at your own discretion/free-will, and may be governed by your state/federal government.

Online Activity:
Any attempts to undermine or cause harm to the Host90 equipment, network, operations, or clientele is STRICTLY prohibited. Host90 will pursue legal action to the fullest extent for all abuse/violation of such.

Any activity deemed damaging or abusive, whether unlawful or considered to be detrimental to the operations of Host90, is prohibited.
This includes, but is not limited to:

* Denial of Service Attacks (DOS/DDOS)
* Unnecessary Port Scans.
* Mail Bombing.
* Unsolicited Advertising via IM, Forums, Newsgroups, Email, etc.

Bulk Email:
We understand that bulk email is an important mechanism for keeping people informed. However, spamming (unsolicited advertising), from the Host90 network, or spamvertising (unsolicited advertising of) sites hosted on the Host90 network is STRICTLY prohibited.

Legitimate bulk email meets the following criteria:

1) The recipient has confirmed his willingness to be added to the distribution list of the mailing, by responding to a verification email, or, otherwise, verifiably confirming permission. (Evidence of such must be retained and available by request.)

2) Messages include: Valid headers, removal instructions, and information on the method by which the subscribed address was obtained.

All bulk email senders must post privacy policies, in association with the sending domains. Co-registration is not prohibited, but explanations of the sharing of information must be both publicly available and included in the confirmation mechanism for list subscription.

If Host90 approaches a client for evidence of confirmation, this request must be honoured within 48 hours.

Failure to meet the acceptable criteria for bulk mail may lead to immediate termination.

Additionally, if such actions have caused mail servers or IP address ranges on the Host90 network to be blacklisted, Host90 reserves the right to assess a $150 charge to the customer account. This fee is set to cover administrative costs associated with removal from such lists.

Please make an effort to limit outgoing mail on your account to no more than 500 pieces per hour. Large mailings are preferred to be sent from the hours of 12AM – 8AM EST.

Policy Violations:
Host90 may, at any time, audit systems for any data/activity showing potential policy violations.

Warnings:
The Host90 Abuse department makes an attempt to contact the client, via email, when the first sign of a possible violation is noted. These alerts are a courtesy. Responses to such alerts are required. If an alert is received from any Host90 staff member, the client is responsible for acknowledging his/her understanding and citing any action planned or taken, within 24 hours of the notice. Failure to do so may lead to suspension. Repeated failure to do so may result in termination.

Note: It is extremely important to ensure that the email address on record with the Host90 Customer Service Department is valid. This is the address used for abuse notifications and warnings.

Suspension/Deactivation:
If any terms or conditions are failed to be followed, the client risks service suspension or termination. Host90 reserves the right to remove any account, without prior notice. If Host90 deactivates an account for violating policy, the client will forfeit any rights to a refund. No refunds for advance payments will be granted for deactivated accounts.

Reactivation:
If a service is suspended, the client will be required to pay a reactivation fee of $30.00, and when applicable, to cover any administrative costs associated with the offence/violation, as determined by Host90.

Bandwidth:
Overage fees will apply to any service utilizing more than it’s assigned bandwidth allocation, except for those services advertised/sold as “UNMETERED”. Overages will be calculated based on overall amount of GigaBytes (GB) transferred in a monthly period, unless a service is sold based on Megabits per Second (MBPS). Services sold by MBPS, will be calculated via the industry standard 95% method, unless specified in contract otherwise. MRTG or other bandwidth reporting is available upon request for all services. Client is responsible for all usage, and any corresponding overages fees, that result from a service that may be hacked and/or flooding. Host90 may require a deposit should a client utilize/require large amounts of bandwidth beyond their standard bandwidth allocation.

Virtual Private Servers (VPS):
To maintain the integrity of our service, VPS service that utilizes heavy amounts of system resources may be required to be upgraded, or, Host90 may relocate your site to a different server and/or IP address, to reduce the load on the server on which you are currently residing.

Abusive Clientele:
Host90 may at it’s discretion suspend or terminate service of any client that is abusive/harassing to Host90 and/or Host90 employees. Examples of such activity include, but are not limited to:
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* Verbal abuse – cursing, yelling, threatening, etc…
* Ongoing disregard for warnings or notices.
* Consistent mistakes/errors/changes causing unnecessary workload.
* Spamming Host90 email addresses, ticket systems, or servers
* Continuous involvement in flood/DDOS activity, hacked services, or other ongoing non-permitted usage.
* Consistent late payments or responses.
* Issuing a chargeback or bouncing a payment.
* Continuous activation of problematic end-users.
* Activity which affects the service(s) of other Host90 clientele.

Payment and Invoicing:
In consideration of the performance of the Host90 Services, Client shall pay Host90 in advance the amount set forth in Exhibit E (“Contract Specifications”). Exhibit E is amended from time to time for the “Host90 Services” provided during the term of this Agreement. Client shall receive a confirmation letter/invoice via e-mail and/or mail at the time Client contracts for the Host90 services, which shall confirm the fees payable to Host90. Thereafter, Client shall receive a monthly billing invoice/statement for the upcoming month, which shall indicate any changes in fees, which shall become effective upon thirty (30) days’ notice as set forth in Section 2.4 herein. All services are invoiced 5-10 days in advance, and must be paid in full by the first day of new the service period. Client is responsible for all activities and charges resulting from Client’s use of the Host90 Services. Client agrees to pay all fees, bandwidth charges, connect time charges, surcharges, and other charges incurred by Client and set forth in the monthly billing statement. Client acknowledges that no refunds will be given by Host90 in the event that Client’s account is terminated by Host90 or Client mid-term. In the event of a breach of security, Client will remain liable for any unauthorized use of the Host90 Services until Client notifies Host90 by sending an e-mail with account information to support@Host90.com and receiving a ticket tracking number. Current rates for using the Host90 Service may be obtained by  visiting the Host90 website (http://www.Host90.com). Host90 reserves the right to change fees, surcharges, monthly membership fees or to institute new fees at any time upon thirty (30) days’ (of end of current contract term) prior notice to Client. In addition, Host90 may institute special trial offers, from time to time which shall be reflected in the confirmation letter sent to Client upon sign up.

REFUND

All Virtual Private Servers (VPS) have a 3 Day Money-Back guarantee.  If for any reason you are not happy with our services we will issue you a FULL refund.  There is no refund on domain names or Control Panels.

Client agrees not to make a charge back with his/her credit card company and or open a PayPal dispute, all clients must work with us to solve any issues, otherwise account will be suspend or terminated without any notice and a refund will not be granted.

Late Fees:
If Host90 does not receive the full amount of Client’s Host90 service account balance by the first day of a new service period, an additional 1.5% (or highest amount allowed by law per month) late charge will be added to Client’s bill and shall be due and payable. Client shall also be liable for all attorney and collection fees arising from ™ efforts to collect any unpaid balance of Client’s account(s). Account suspension may occur if payment is not received by 5th day of a new service period.

Penalties and Extra Fees:
Client agrees to pay Host90 US$30.00, per occurrence, for bounced checks. Client agrees to pay Host90 US$35.00, per occurrence, for each chargeback issued against a transaction. Client agrees to pay Host90 US$30.00, per occurrence, for each credit reporting/collection agency filing that may be necessary to expedite receipt of payment, collect on overdue funds, or other related issues. Client agrees to re-imbrues Host90 for all legal/court fees obtained while attempting to collect client’s debt. Client agrees to pay Host90 US$10.00 for each re-activation of a suspended account. The US$50.00 re-activation fee is per account, with an account potentially containing multiple websites, servers, or other services. Host90 reserves the right to charge a US$25.00 expedite fee for any support issue that client insists be taken care of “on the spot” immediately. Charges may be incurred for Abnormal Support requests serviced on your account.

Means of Performance:
Host90 shall provide Client with the Host90 services, as set forth on Exhibit A hereto. Host90 has the right to control and direct the means, manner, and method by which the services are performed. Host90 shall perform the services in a professional manner.

Support:
Host90 shall provide a reasonable level of technical support to Client via email ,Ticket system and  real-time chat,

Client Liaison:
Client shall designate a contact person who shall act as a liaison between Client and Host90. Client certifies to Host90 that he/she is not a minor. A minor’s parent or legal guardian may authorize a minor to use his/her account(s) under supervision. Client agrees to provide Host90 with accurate, complete and updated information required by the registration/initiation of the Host90 service (Client Registration Data), including Client’s legal name, address, telephone number(s), and applicable payment data ( e.g., credit card number and expiration date ). Client agrees to notify Host90 within thirty (30) days of any changes in Client Registration Data. Failure to comply fully with this provision may result in immediate suspension or termination of your right to use Host90 Services.

Fees and Expenses:
Client shall be responsible for payment of all costs, fees and expenses assessed by third parties in the course of being provided Host90 Services. Such costs include, but are not limited to, the fees required to register and maintain domain names, which is governed by a separate agreement between Client and InterNic.

Third-Party Software:
Third-Party software available through the Host90 Service may be governed by separate end user licenses. By using the Host90 Services and the third-party software, you agree to be bound by the terms of such end user licenses regarding the applicable third-party software.

Advertising, Solicitation and Name Harvesting:
You may not use the Host90 Service to send unsolicited advertising, promotional material, or other forms of solicitation to other Clients unless you receive the expressed written permission of the Client. You may not use the Host90 Service to collect or “harvest” screen names of other Clients without the expressed prior permission of the Client. Host90 reserves the right to block or filter mass email solicitations on or through the Host90 Service.

Internet Conduct:
Generally, the Internet consists of the following areas available through Host90; Email, Newsgroups, Gopher, and WAIS FTP, and the World Wide Web). The Internet is not owned or operated by, or in any way affiliated with Host90 or any of its affiliates; it is a separate, independent network of computers and is not part of Host90. Your use of the Internet is solely at your own risk. When using the Internet and all of its components, Clients must conduct themselves responsibly according to the Internet’s own particular code of conduct. Participating successfully on the Internet is really a matter of common sense. Although Host90 does not control the Internet, your conduct on the Internet when using your Host90 account is subject to Host90 rules. Because Host90 wants to be a good Internet citizen, it prohibits Clients from engaging in certain conduct on the Internet through or by means of Host90 including the following: (1) Chain Letters. Chain letters are prohibited on the Host90 network and are inappropriate on the Internet. Posting a chain letter to an Internet newsgroup (or via email on the Internet) from your site may result in your Host90 Services site being terminated.

Commercial Communication:
The vast majority of newsgroups and mailing lists on the Internet are not commercial in nature, and participants in such groups may object strongly to commercial postings, solicitations, or advertisements.

Other Inappropriate Posts:
Each newsgroup and mailing list on the Internet focuses on a particular set of topics and posts not related to these topics are not welcomed by the participants. We suggest that all Clients become familiar with the guidelines, themes, and culture of the specific newsgroups and mailing lists in which they wish to participate. Posting or distributing inappropriate material on or from your site (i.e. spamming or mail bombing) may result in suspension or termination of your Host90 account.

Copyright and Proprietary Materials:
You should be aware that much of the Content available on the Internet is protected by copyright, trademarks, trade secrets and other rights of the independent third parties or their licensers who make such content available on the Internet. Clients use of such Content will be subject to the specific restrictions place on such Content by the owners or licensors of the Rights in such Content and all applicable laws and regulations. Transmitting to the Internet or posting on your site copyright or other material of any kind which is subject to rights of any person or entity without the express permission of the right’s holder is prohibited and will result in termination of your Host90 Service and possible civil and /or criminal liability.

Offensive or Objectionable Material:
Host90 reserves the right to request you remove any material which Host90 deems offensive, hurtful, or otherwise objectionable. Failure to do so may result in blocking your site or termination of the Agreement by Host90 Services.

You understand that except for content, products or services expressly available at Host90 Web site, neither Host90 nor any of its affiliates controls, provides operates, or is responsible for any content, goods, or services available on the Internet. All such content, goods, and services are made accessible on the Internet by independent third parties and are not part of Host90 or controlled by Host90. Host90 neither endorses nor is responsible for the accuracy or reliability of such content, goods, or services available on the Internet, which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Neither Host90 nor its affiliates shall be held responsible or liable, directly, or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any content, goods or services available on the Internet or your inability to access the Internet or any site on the Internet. The foregoing provisions o this paragraph shall apply with equal force even where Host90 features or displays a link with any particular Web site.

You should be aware that the Internet contains content, goods, and services that you may find obscene, improper, hurtful, or otherwise offensive and that may not be suitable for certain individuals or for minors who are accessing the Internet. Host90 does not have the capability or right to monitor, or review, or restrict any content, goods, or services made available by third parties on the Internet, nor to edit or remove any such questionable content after posting on the Internet. In addition, you should be aware that the Internet provides access to users who are not part of Host90 and whose conduct and communication may also be found harmful or offensive to clients or which would otherwise breach the Host90 rules if they were subject to it. Host90 and its affiliates specifically disclaim any responsibility for (and under no circumstances be liable for) any conduct, content, goods , and services available on or through the Internet (including without limitation any part of the Web).

Your use of the Internet is subject to all applicable local, state, national, and international laws and regulations, Without limiting the other rights available to Host90, Host90 retains the right but not the obligation, in its sole discretion and without prior notice or liability, to restrict and/or terminate your access to the Internet and Host90 if your use of the Internet violates any such laws or regulations, any prohibitions upon your conduct in connection with the Internet raised in this paragraph or otherwise restricts or inhibits any other user from enjoying the Internet or Host90.

Examples of non-acceptable content or links:
Pirated software, “Illegal MP3′s”, Hackers programs or archives, Warez Sites, Child Pornography. Host90 will be the sole arbiter as to what constitutes a violation of this provision.

Server Abuse:
Any attempts to undermine or cause harm to a Host90 server or customer of Host90 is strictly prohibited. Host90 will pursue legal action to the fullest extent for all abuse of the Host90 Network.

Suspension/De-Activation:
If any terms or conditions are failed to be followed it will result in grounds for account suspension or de-activation. Host90 reserves the right to remove any account without prior notice. If Host90 deactivates your account(s) for violating policy, your will forfeit your rights to a refund…and none will be given. No refunds for advance payments, on de-activated accounts. Normal policy is a warning first, and account de-activation the second offence. Serious offences may cause immediate de-activation.