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HOSTALB agrees to provide the client hosting for an annual fee. HOSTALB will never require clients to advertise for HOSTALB on their website in any way shape or form unless agreed upon such as a non-profit organization receiving complimentary hosting. Client is allowed to use site for business/commercial or personal websites or content.
HOSTALB hosting plans are to be used by the primary owner only and for only 1 domain. Clients are not permitted to resell, store or give away web-hosting services of their web-site to other parties, unless they have prior permission from us. If purchased with a domain, a hosting plan should be purchased for the same amount of time as the domain (i.e. if client purchases a domain for 3 years, he must purchase a hosting account for 3 years, as well).
Content
All services provided by HOSTALB may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is "adult only" content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless HOSTALB from any claims resulting from the use of the service which damages the subscriber or any other party.
Note: Pornography and sex-related merchandising are prohibited on any server. This includes sexual content, or direct links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. HOSTALB will be the sole arbiter as to what constitutes a violation of this provision.
Examples of Non-acceptable Content or Links
Pirated software
Hackers programs or archives
Warez Sites
Porn
Spamming Software
Server Resources and Background-running Programs
Resources are defined as CPU utilization and/or resource manipulation.
HOSTALB may implement the following policy to its sole discretion:
When a web-site is found monopolizing the resources available on our servers, we reserve the right to suspend or terminate that account immediately.
As a general rule we do not allow background-running programs.
Payment Policies
All accounts are set up on a prepay basis. HOSTALB reserves the right to change prices of services at any time without prior notification to the clients. Pre-payment is due every 12 months. For more information on our payment options, please click here.
No refunds are given to clients for hosting services.
Distribution and/or Transmission of Obscene or Indecent Speech or Materials
Violation of indecency and obscenity laws can result in criminal penalties.
Intellectual Property Rights
Material accessible to you through HOSTALB's services may be subject to protection under United States (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the HOSTALB service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the HOSTALB network. If you use a domain name in connection with the HOSTALB service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Network Security
Clients may not use the HOSTALB network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the client, logging into a server or account the client is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. clients may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. HOSTALB will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
Defamation
Defamatory speech distributed over the Internet can result in civil liability for the defamer.
Refusal of Service
HOSTALB reserves the right at its sole discretion to refuse or cancel service. Violation of any of HOSTALB's terms of service could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Domains terminated due to policy violations will not be released to the client.
Spam Or Unsolicited E-Mail
You must not use the HOSTALB network, HOSTALB equipment or any HOSTALB email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the HOSTALB network, HOSTALB equipment or any HOSTALB email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.
If you are found to have spammed, HOSTALB reserves the right to disable your domain without warning. In addition, HOSTALB may impose a $100 penalty for each spam policy violation. HOSTALB solely reserves the right to refuse or cancel service to known spammers. Lastly, HOSTALB reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
Abuse
Any attempts to undermine, slander, libel, threaten, or cause harm to a HOSTALB server, client, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.
Indemnification
Client agrees that it shall defend, indemnify, save and hold HOSTALB (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against HOSTALB, its agents, its clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by client, it's agents, employees or assigns. client agrees to defend, indemnify and hold harmless HOSTALB against liabilities arising out of: (1) any injury to person or property caused by any products sold or otherwise distributed in connection with HOSTALB server; (2) any material supplied by client infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. client agrees to limit the liability of HOSTALB to the amount paid for service.
Data Transfer
The volume of included data transfer is limited, depending on the chosen plan. The volume of data transfer is the sum of all network transfer resulting from the clients hosted domain.
Refunds Policy
You may cancel your account at any time before your annual billing date, and you will not be billed for the next year.
Disclaimer
HOSTALB will not be responsible for any damages your business may suffer. HOSTALB makes no warranties of any kind, expressed or implied for services we provide. HOSTALB 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 HOSTALB and its employees. HOSTALB makes no "uptime" guarantees.
HOSTALB keeps backups of key server systems only. HOSTALB can accept no responsibility for any loss of data or consequences arising from this. HOSTALB always advises clients to back up their site data regularly for its own protection.
HOSTALB furthermore expects that its clients who provide hosting services (resellers) to others will ensure its clients fully comply with all applicable laws concerning the privacy of online communications and any other policy of HOSTALB. A client's failure to comply with those laws will violate this policy.
If a client provides hosting services (resellers) to others and decides to cancel their reseller hosting account with HOSTALB then HOSTALB will not be responsible for maintaining hosting for the resellers clients.
Finally, HOSTALB wishes to emphasize that in accepting services, clients indemnify HOSTALB for the violation of any law or HOSTALB policy, that results in loss to HOSTALB or the bringing of any claim against HOSTALB. This means that if HOSTALB is sued because of activities of the client that violate any law, or this policy, the client will pay any damages awarded against HOSTALB, plus costs and reasonable legal fees.
Failure to comply with any of our terms and conditions will result in grounds for immediate account deactivation.
HOSTALB reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice.
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