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This policy represents the Hexahost.com Terms of
Service ("TOS") in its entirety and supersedes any other written or
oral policy. This policy defines the terms of service all customers
agree to when they sign-up for hosting services with Hexahost.com.
Hexahost.com reserves the exclusive right to revise, change or amend
any portion of this Policy at any time, without advance notice to
customers.
Customers may view the most current version of this policy at:
http://www.Hexahost.com/policies/aup.html http://www.Hexahost.com/policies/privacy.html http://www.Hexahost.com/policies/warranty.html General Provisions In consideration for Hexahost.com maintaining one
or more accounts (each "Account"), you agree to the following terms
of service. "You" "Your" "Client" "Customer" or "Member." Each person or entity that applies for internet service or is a designate of any one who applies for internet service.
The subscriber agrees to
indemnify and hold harmless Hexahost from any claims resulting from the use of
the service which damages the subscriber or any other party.
Additionally, Hexahost prohibits:
Legal
adult content is permitted on all Hexahost/Nocster™ product lines. The
viewing/downloading or possession of such information/data by Hexahost clientele
is not governed by Hexahost 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.
Any activity deemed damaging or
abusive, whether unlawful or considered to be detrimental to the operations of
Hexahost, is prohibited.
Bulk
Email: We understand that bulk email is an important mechanism for keeping
people informed. However, spamming (unsolicited advertising), from the Hexahost
network, or spamvertising (unsolicited advertising of) sites hosted on the
Hexahost 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 Hexahost 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 Hexahost network to be
blacklisted, Hexahost reserves the right to assess a $100 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 1000 pieces per hour. Large
mailings are preferred to be sent from the hours of 12AM - 8AM EST.
Warnings: The Hexahost Abuse Dept
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 Hexahost 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 Hexahost Customer Service
Dept is valid. This is the address used for abuse notifications and warnings.
In general, the client is
responsible for maintaining a secure system. This includes, but is not limited
to:
Additionally, Hexahost will not be responsible for securing third-party
applications.
The client is expected to monitor
his/her system(s) and/or service(s). Resource usage should be maintained within
the level outlined in the service contract. Abuse caused by end-users or
unauthorized parties may increase resource usage and it should be noted that
overage fees may apply.
The above unauthorized usage
responsibilities may differ for such clientele. Further details of technical
support provided can be found in the
Hexahost TOS Policy.
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. Hexahost may require a deposit should a client utilize/require
large amounts of bandwidth beyond their standard bandwidth allocation.
Port Usage: Hexahost reserves the
right to monitor network usage, and if a service significantly exceeds average
usage, to throttle the available speed to conserve network resources and to
prevent any large billing anomalies. This will generally not include short
spikes in usage, but will include, but not be limited to, sustained transfers of
significantly larger than average amounts of bandwidth. If at any time any
client's data transfer rate affects other Hexahost clientele, Hexahost reserves
the right to throttle and/or disconnect the service causing such a problem.
Filtering: Hexahost reserves the
right to block/filter or throttle ports and/or ip address ranges, at its
discretion. This may include, for example, blocking Port 6667 (IRC), denying
access from a known-spamming IP address range, or limiting the speed of
point-to-point file-sharing programs (Kazaa, Limewire, Donkey, etc...). This may
also include giving priority to certain traffic types, such as Voice-over-IP
(VOIP) phone call transmissions.
Unmetered: Services
advertised/sold as "UNMETERED" will not be subject to bandwidth overage fees.
Bandwidth is supplied from a shared pool, and is not supplied as
guaranteed/dedicated bandwidth. Burstable usage of the UNMETERED service/port is
permitted, however, a service that has heavy sustained usage may have their port
capped or be asked to upgrade to a dedicated service plan. UNMETERED service is
supplied on a "best-effort" basis---which may result in some slowdowns during
peak traffic times.
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, Hexahost 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.
Backup Service: To maintain the
integrity of our service, Hexahost may relocate your backup service to a
different server and/or IP address, to reduce the load on the server on which
you are currently residing. Download/FTP sites, web-serving (httpd), and/or
usage that results in heavy upstream/outgoing bandwidth consumption beyond that
of normal backup operations is not permitted on the backup service. This service
is meant for the backup/restore/sharing/storing of data/files, and not for usage
normally performed by web/database servers.
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