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Acceptable Use Policy(AUP)
NO SPAM, NO PORNO, NO EXCEPTIONS!
By using our webhosting services, you agree to comply with our policies. You are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are to be avoided. Common sense is the best guide as to what is considered acceptable use. The following are unacceptable uses: Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted software, violation of U.S. export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities.
Interpretation
The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. Hostset.com. reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.
Illegal Use
Hostset.com. servers may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: "Pirated software", "Hackers programs or archives", "Warez Sites", "Irc Bots", "Mp3". We will be the sole arbiters as to what constitutes a violation of this provision.
System and Network Security
Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting. It is a violation for anyone who, including but not limited to, employs posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for their own account; or resale of access to CGI scripts installed on our servers.
Tortious Conduct
No one shall post defamatory, scandalous, violent or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
Spamming
Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site or distributing, advertising or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or spam. It is contrary to Hostset.com. policy for customers to use our servers to effect or participate in any of the following activities: To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list; To send unsolicited mass e-mailings, if such unsolicited e-mailings provoke complaints from the recipients; To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a Hostset.com. provided server, or using a Hostset.com. provided server as a maildrop for responses; To falsify user information provided to Hostset.com. or to other users of the service in connection with use of a Hostset.com. service. When Hostset.com. becomes aware of an alleged violation of its Acceptable Use Policy, Hostset.com. will initiate an investigation (within 24-48 hours). During the investigation Hostset.com. may restrict Customer 's access in order to prevent further possible unauthorized activity. If the Customer is found in violation of our SPAM policy, Hostset. may, at its sole discretion, restrict, suspend, or terminate Customer's account and/or pursue other civil remedies. Also, Hostset. reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. If such violation is a criminal offense, Hostset.com. will notify the appropriate law enforcement department of such violation. Hostset.com. does not issue service credits for any outages incurred through service disablement resulting from Policy violations. The Customer shall be held liable for any and all costs incurred by Hostset. as a result of the customer's violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. First violations will result in a Cleanup Fee of $250 and the customer’s account will be reviewed for possible immediate termination. A second violation will result in Cleanup Fee of $500 and immediate termination of the customer’s account. The Customer who violates this policy agrees to also pay Investigation Fees of no more than $125 per hour that Hostset. personnel must spend to investigate any violations.
Modification
Hostset.com. reserves the right to add, delete, or modify any provision of this Policy at any time without notice. Reporting Network Abuse Any party seeking to report any violations Hostset.com.’s policy may contact via e-mail: abuse@hostset.com Hostset.com is a company of Masi Marco Via Puccini 1 Ponsacco PI ITALY
CUSTOMER SERVICE AGREEMENT
This is an agreement between you and Hostset. Hostset.com. regarding your use of Hostset.com.'s computer, interactive information, communication and server management service. This Agreement governs the terms and conditions under which Hostset.com. makes the services offered by Hostset.com. available to individual consumers through a personal computer or similar access, or to individual consumers or small businesses in connection with the " Hostset.com. " webhosting or similar services. Under this Agreement, you must comply with Hostset.com.'s then current "Acceptable Use Policy," as updated from time to time by Hostset.com., which can be viewed at : http://Hostset.com/aup/ PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
1. Hostset.com. will host an account for you, the purchaser (hereafter referred to as the Account Holder), for the Account Holder's chosen domain name, for the period of time (the Term) corresponding with the payment plan chosen by the Account Holder. All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. Hostset.com reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Hostset.com at cancel@hostset.com to request for termination of services. All payment is in U.S. currency. Hostset.com will bill each client $50 per returned check, per wire transfer received and per credit card chargeback received. All Hostset.com accounts are setup on anniversary billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically re! new at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle, during a current cycle, there will be a $50.00 fee. Please contact the billing department at billing@hostset.com should you wish to change your anniversay billing cycle.
2. Hostset.com.'s services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Hostset.com. expressly disclaims any representation or warranty that the Hostset.com. services will be error-free, secure or uninterrupted. No oral advice or written information given by Hostset.com., its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice. The terms of this Section will survive any termination of this Agreement.
3. The Virtual Web Server Internet account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the Account Holder agrees not to store, transmit, link to, advertise or make available any images containing pornography. Violations of these or any other provisions of this Agreement may result in termination of the services provided by Hostset.com., with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of Hostset.com. based upon the severity of the violation. Hostset.com. reserves the right to refuse service if any of the content within, or any links from, the Account Holder's website is deemed illegal, misleading, or obscene, or is otherwise in breach of Hostset.com.'s then current Acceptable Use Policy, in the sole and absolute opinion of Hostset.com.. Notwithstanding anything in this Agreement, the content of the Account Holder's website is the sole responsibility of the Account Holder. The Account Holder agrees to indemnify and hold harmless Hostset.com. from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney's fees, costs, and other expenses incurred by Hostset.com., (collectively, Claims) related to or in connection with the content of the Account Holder's website. The terms of this Section will survive any termination of this Agreement.
4. Account Holder acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Account Holder. Account Holder is aware that Hostset. reserves the right to change the specified rates and charges from time to time.
5. The Account Holder agrees to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting to newsgroups. Account Holder is responsible for security of its password. Hostset.com. will not change passwords to any account without proof of identification, which is satisfactory to Hostset.com., which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Account Holder, Account Holder understands that Hostset.com. will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Hostset.com. be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless Hostset.com. from any and all Claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.
6. The Account Holder agrees not to harm Hostset.com., its reputation, computer systems, programming and/or other persons using Hostset.com.'s services. Hostset.com. reserves the right to select the server for Account Holder's website for best performance. The Account Holder understands that the services provided by Hostset.com. are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If the Account Holder's website overwhelms the server and causes complaints from other users, the Account Holder has outgrown the realm of shared servers, and will need to relocate it's website. Hostset.com. will refund any unused portion of prepaid services. If the Account Holder refuses to comply with this Section, then Hostset.com. has the right to terminate the services provided to the Account Holder without any refunds of the unused portion prepaid by the Account Holder. The Account Holder agrees to indemnify and hold harmless Hostset.com. and any other Account Holder from any and all Claims resulting from the Account Holder's use of the services provided by Hostset.com. The terms of this Section will survive any termination of this Agreement.
7. The Account Holder's rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of Hostset.com..
8. If the Account Holder sells or resells advertising or webspace to a third party then the Account Holder will be responsible for the contents of that advertising and the actions of that third party. Hostset.com. has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current Hostset.com. Acceptable Use Policy. The e-mail distribution by the Account Holder of "SPAM", "JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. If the Account Holder refuses to remove any advertising or other third party content deemed objectionable by Hostset.com., Hostset.com. may terminate the services being provided to the Account Holder.
9. Hostset.com. will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall Hostset.com. be liable to the Account Holder for any damages resulting from or related to any failure or delay of Hostset.com. in providing access to the Internet under this Agreement. In no event shall Hostset.com. be liable to the Account Holder for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of Hostset.com. under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive any termination of this Agreement.
10. This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A Hostset.com. account may not be transferred without prior written approval from Hostset.com.. The Account Holder is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Account Holder's account, the Account Holder will be liable for any unauthorized use of the Hostset.com. services, including any damages resulting therefrom, until the Account Holder notifies Hostset.com.'s customer service.
11. If Hostset.com. assigns the Account Holder an Internet Protocol address in connection with the Account Holder's use of the Hostset.com. services, the right to use that Internet Protocol address will remain with and belong only to Hostset.com., and the Account Holder will have no right to use that Internet Protocol address except as allowed by Hostset.com. in its sole and absolute discretion.
12. This Agreement constitutes the entire agreement between the Account Holder and Hostset.com. with respect to the Hostset.com. services and supersedes all prior agreements between the Account Holder and Hostset.com.. Hostset.com.'s failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.
13. The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in Italy Pisa. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.
14. The Account Holder agrees to indemnify and hold Hostset.com. harmless from any and all Claims resulting from or connected with any activities conducted by the Account Holder. The Account Holder and Hostset.com. will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.
15. Hostset.com. may include the Account Holder's name and contact information in directories of Hostset.com. service subscribers for the purpose promoting the use of the services by additional potential clients. However, Hostset.com. is not authorized to print the Account Holder's name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of the Account Holder.
16 Hostset.com reserves the right to refuse service to anyone. Customers may only use Hostset.comserver for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Hostset.commanagement. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in Italy Pisa, and any dispute will be litigated or arbitrated in Pisa, Italy. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Pisa County courts. IN NO EVENT SHALL HOSTSET.COM - Marco Masi'S MAXIMUM LIABILITY EXCEED FIFTY($50.00) DOLLARS.
17. Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed.
18. Because the Internet is a global communication tool, and we have clients from nearly every country in the world it is difficult to dictate what is considered "adult material." However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. This being said, there are still several reasons why Hostset has been forced to create its no adult sites policy for its virtual server users.
19. Virtual account holders can receive a refund if account is cancelled within the initial 30 days after sign up. PREPAY GUARANTEE: I understand that If I cancel service before 12-6 months is up that this contract will revert to a “month to month” contract and I may be entitiled to a refund equal to the difference between the prepaid amount and the cost had this contract been “month to month” and set-up fees had been paid.
20. Hostset.com. may temporarily deny service or terminate this Agreement upon the failure of Account Holder to pay charges when they become due. Such termination or denial will not relieve the Account Holder of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
21. If an account holder's account becomes overdue, the account will be suspended. Interest will accrue on the overdue account at a rate of 5% per month until the outstanding balance is paid in full.
22. If an account holder charges back for services rendered, a $50.00 charge back fee will be added to the amount charged back by the customer.
23. If an account holder's account is overdue for 90 days, the account will be handed over to an outside collection agency. At that time the account holder will incur a $50.00 collection fee added to the balance previously due.
24. All accounts are subject to verification.
25. You agree that Hostset.com. may establish limits concerning use of any Hostset.com service offered on any Hostset.com. web site, including without limitation the maximum number of days that e-mail messages will be retained by any Hostset.com. service, the maximum number of e-mail messages that may be sent from or received by an account on any Hostset.com. service, the maximum size of an e-mail message that may be sent from or received by an account on any Hostset.com. service, the maximum disk space that will be allotted on Hostset.com.'s servers on your behalf either cumulatively or for any particular service. You agree that Hostset.com. has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Hostset.com. service. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any Hostset.com. service may change at any time.
26. Customer agrees to pay Hostset.com prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the Hostset.com price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if Customer's domain name registration is suspended, cancelled or transferred prior to the end of Customer's then current registration term. Hostset.com reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer's requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed Customer's registration in an email from Hostset.com to the email address indicated in Customer's registration application. In the event of a chargeback by a credit card company (or similar action! by another payment provider allowed by Hostset.com) in connection with the payments of the registration fee for Customer's domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to Hostset.com as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Hostset.com will reinstate Customer's domain name registration solely at Hostset.com's discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD Hostset.com HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST Hostset.com, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS Hostset.com AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Hostset.com'S SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM Hostset.com'S SERVER.
Hostset.com WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. Hostset.com MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. Hostset.com 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 Hostset.com AND ITS EMPLOYEES. Hostset.com RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF Hostset.com MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
What does Hostset consider "Adult Material?"
Any site whose revenue is gained in part or whole from its adult content.
Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.
Photos or videos showing graphic violence or death.
Revenue-generating hyperlinks to sites who violate policy #1.
Why does Hostset have this policy?
Bandwidth and Resources
A virtual server is a shared environment where many servers reside on each particular machine. This being said, consider that an average "adult site" gets more hits than 100 standard websites. Some of the smaller adult sites get around 5 GB of transfer per day. With these types of resources being utilized, our servers would be severely slowed if we allowed these high traffic sites to also reside on our servers. On top of that, we would be forced to raise our prices to pay for the additional bandwidth. We strive to keep our servers fast and inexpensive, and our bandwidth clear; therefore, adult sites are not an option.
Hostset reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related". Let us know if you are unsure of the approval of your site before placing an order.
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