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All HOSTICA accounts are bound by HOSTICA’s policies. Violation of these policies will result in warnings, account suspension, account termination, and/or legal action, depending on the severity of the violation. HOSTICA is not responsible for the content of its clients, however all clients must abide by this Terms of Service policy.
* ELECTRONIC SIGNATURE If you would prefer not to sign digitally, please visit http://www.hostica.com/contracts/eula.html to print out our mail-in form. Do NOT continue with the automated signup process if you are not signing digitally. We are in conformance with the United States Federal 'Electronic Signatures in Global and National Commerce Act' [USC 15 §7001] and 'California Digital Signature Regulations' [CA Gov't Code §16.5].
* Contact Information
As part of the acceptance of hosting services, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information:
* Lawful use Customers may not use HOSTICA facilities and capabilities to conduct, or solicit the performance of, any illegal activity, or to conduct any other activity that infringes on the rights of HOSTICA or any third party.
* Inappropriate material
* Intellectual property rights If you believe that any material is being transmitted, stored, or posted on the HOSTICA network in a manner that violates the copyright owner’s rights under the United States copyright laws, you may notify HOSTICA's designated agent of the claimed infringement as follows:
Jatek Corporation/Hostica.com E-Mail: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it Your notice must comply with the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA"), in order to be effective. Filing a false notice, or making misrepresentations concerning copyright infringement or a counter notification by a subscriber, can result in attorneys' fees, costs, and other penalties being assessed against you under the DMCA.
* Web Hosting Renewal Policies If you wish to cancel your web hosting account to avoid recurring billing, you MUST follow the cancellation procedures prior to the next billing cycle as outlined in the “Cancellations” and “Termination of Agreement” Sections. There are NO exceptions to this policy.
* Domain Name Registration Policies HOSTICA WILL NOT register domain names over the phone or by mail. The ONLY method for domain name registration is through our web site and online process. There are NO exceptions to this rule.
* Domain Name Renewal Policies
* Domain Name Renewals and Forfeiture If you fail to renew your registration, your domain name may cease to resolve and visitors to your site may be redirected to a default page informing them that the site is no longer in service. This parked or default page may feature advertisements posted by us for our own account. If we have elected to renew the registration, you will be entitled to a grace period during which you may re-register the domain name from us. Additional costs may apply. During this grace period, we may post a parked page and/or may revise the “Whois” registration records to include our information. The domain name may also be listed for auction. If the name is sold during any such auction, it will be acquired by a third party on a provisional basis and will remain available for re-registration by you during our stated grace period. If you do not re-register the domain name during the grace period, the auction sale will be concluded.If you fail to renew your domain name registration during the grace period, you acknowledge that you have abandoned the domain name and that it is available for sale and registration by any third party.
* Domain Transfer Policies
* Cancellation THERE WILL BE NO REFUNDS ISSUED FOR THE CURRENT BILLING CYCLE. THERE ARE NO EXCEPTIONS TO THIS POLICY UNDER ANY CIRCUMSTANCES.
* Use of the Service You are responsible for maintaining the confidentiality of passwords used by you or members of your household/company. You are responsible for all charges assessed as a result of use of your account. However, HOSTICA will not hold you responsible for charges attributable to an unauthorized user's access to your account without your permission, provided that you notify HOSTICA within 24 hours of discovering any such unauthorized use and the unauthorized use is not attributable to the failure of any authorized user to exercise reasonable efforts to maintain the confidentiality of the account or password. Except for software provided by HOSTICA, you are responsible for providing and maintaining all equipment and other software necessary to access the Service; including but not limited to: PHP scripts, CGI scripts, and MySQL databases you have uploaded to our servers. You will not use the Service or permit others to use the Service through your account in any way that violates any law or regulation; subjects HOSTICA to liability; or is in contravention of HOSTICA's Terms of Service. You agree to comply with all HOSTICA security procedures and standards and to be bound by the terms and conditions of the End User License Agreement for any software provided to you.
* Responsibility for Data
* Interference with service
* Spamming 1. HOSTICA customers, customers of HOSTICA customers or any other user of Bandwidth and/or services on our network (herein described as 'users') are prohibited from sending UBE/UCE. Users may be asked to produce records that verify that explicit affirmative permission was obtained from a recipient before a mailing was sent. HOSTICA may consider the lack of such proof of explicit affirmative permission of a questionable mailing as UBE/UCE at its sole discretion. 2. HOSTICA customers are prohibited from maintaining open mail relays on their servers. Ignorance of the presence or operation of an open mail relay is not and will not be considered an acceptable excuse for its (the open mail relay) operation. Any infractions of this policy will result in a discontinuation of service. 3. HOSTICA customers may or may not be notified in the event that they may be hosting sites listed as violators of the above policy. Failure to rectify such situations will be cause for termination without prior warning. 4. HOSTICA customers are prohibited from providing hosting services for websites that have been included in UBE/UCE. Hosting includes, but is not limited to, hosting website(s), providing DNS services as well as website redirect services. 5. Valid complaints received by HOSTICA will be made available to customer. HOSTICA may block Traffic to and from the IP Address involved in the UBE/UCE complaint until the problem is resolved and HOSTICA reserves the right to suspend and or cancel ANY AND ALL SERVICES and/or permanently disable all Traffic to an account involved in a UBE/UCE complaint. All users are responsible for maintaining a working email contact and updating that information with HOSTICA when it changes. 6. THERE WILL BE NO REFUNDS ISSUED TO ANY HOSTICA CUSTOMER THAT HAS VIOLATED THE SPAM (UBE/UCE) POLICY WITHOUT REGARDS TO THE ACCOUNT'S STATUS OR DELETION OF ACCOUNT/TERMINATION OF CONTRACT AS PER THE TERMS OF SERVICE AS OUTLINED IN THE "CANCELLATION" SECTION OF THIS DOCUMENT. 7. To learn more about HOSTICA’s spam security procedures, please visit: http://www.hostica.com/legal/FAQ_Hostica_spam_security_procedures.html To report an incidence of abuse, please report it to our support department via e-mail to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it For more information on spam, please visit: http://www.hostica.com/legal/spam.html.
* Viruses
* Resource usage Email accounts may not be used for permanent storage. Read mail (left on the server) is subject to removal after 30 days. Any account, which, due to extraordinary resource utilization, negatively impacts other customers, will be required to reduce resource utilization, move to a dedicated server environment or terminate your account. IRC bots and connections to IRC services will not be allowed under any circumstances.
* Bandwidth A site's Bandwidth is considered very resource intensive at (10% of system resources, CPU load or 10% of the transfer allotted to that server). Normally you can get around 50,000 standard page views per GB of transfer. Real Audio/Video and/or a CGI or graphic intensive site will consume more Bandwidth than standard page views as each file that is called by a visitor consumes Bandwidth. In the event that your site becomes very trafficked, there are a few things you can do to reduce the Bandwidth usage. Sometimes it can be a simple program change or researching to see if people are linking to your graphics or files (that is a very fast way to eat up your Bandwidth - so do not let people link to your stuff). When you log into your control panel, you will see a transfer limit. This is a set limit. Monthly Traffic is another word for allowed Bandwidth per month. Bandwidth is a measurement of the amount of data transferred to visitors of your site. HOSTICA provides enough of data transfer per month, for the majority of sites. If you still need more, see products page for additional per month Traffic costs.
* Technical Support Policies Technical support is provided via e-mail to all classes of web hosting accounts. Telephone support is provided to specific classes of web hosting accounts ONLY and is subject to change without notice (please see http://www.hostica.com for details).
* Warranty Except for certain products and services specifically identified as being offered by HOSTICA, HOSTICA does not control any information, products or services on the internet and except for such HOSTICA-identified content, all merchandise, information and services offered, made available, or accessible on the internet are by third parties who are not affiliated with HOSTICA. You assume full responsibility and risk for use of the service and the internet by you and your authorized users and visitors. The service is provided on an "as is" and "as available" basis. HOSTICA does not warrant that the service will be uninterrupted or error-free or that any information, software or other material accessible via the service is free of viruses, worms, Trojan horses, or other harmful components. HOSTICA makes no express or implied warranties, representations or endorsements including, but not limited to, warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose regarding any merchandise, information or service provided through HOSTICA or on the internet generally. No advice or information given by HOSTICA, its employees, affiliates or contractors shall create a warranty. HOSTICA shall not be liable for any costs or damages arising directly or indirectly from use of the service. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, and other information, and the quality and merchantability of all merchandise provided through the service or on the internet generally.
* Refusal of service
* Customer privacy HOSTICA demonstrates its commitment to our customers' privacy by providing this statement. We will do everything in our power to ensure your right to privacy. We are committed to receiving your trust. HOSTICA will never intentionally violate that trust. Personal data transmissions are encrypted When you order from HOSTICA, all your personal information is protected. We use Secure Sockets Layer (SSL), the industry standard, for encrypting all personal information, including name, address and credit card numbers. HOSTICA Will Not Sell Your Personal Information. HOSTICA keeps all your information confidential. Monitoring the Service; Disclosure of Member Information. HOSTICA has no obligation to monitor the Service but may do so and may disclose information regarding your use of the Service to satisfy laws, regulations or governmental requests; to operate the Service properly; and, to protect itself and its members. However, HOSTICA will not disclose member information to outside persons or entities for the purpose of soliciting HOSTICA members. HOSTICA, in its sole discretion, may remove or refuse to post any information or materials, in whole or in part, which are unacceptable, undesirable or in violation of this agreement.
* Criminal prosecution
* Promotional services and prices
* Your Remedies
* Indemnity Under no circumstances shall HOSTICA, its employees, affiliates or contractors be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result in any way from any: use of your account or the service or your inability to use the service; access of the internet or any part thereof; or, your reliance on or use of information, services or merchandise provided on or through the service or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.
* Termination of Agreement HOSTICA may terminate this Agreement: at any time without cause upon 30 days prior notice; or, immediately upon notice if you, or any person who has access to the Service through your account, commit a material breach of this Agreement, including but not limited to a breach of any obligation imposed in this agreement or you fail to pay any charges within 15 days of the date they accrue. Upon termination of this Agreement all rights granted to you and your authorized users under this Agreement shall immediately cease and terminate; and, you must destroy or return to HOSTICA all copies of software and documentation that you received from HOSTICA. Termination of this Agreement does not release you from the obligation to pay all accrued charges under this Agreement. HOSTICA's right to enforce the provisions of this Agreement shall survive termination of this Agreement.
* Notice
Hostica.com HOSTICA may provide notice to you by the following methods: Electronic mail (E-Mail) addressed to your e-mail account; general posting to HOSTICA's web site at http://www.hostica.com; or by US Mail or courier service at the address you provided HOSTICA when you registered for the service. All notices or other communications to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or posting or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.
* HOSTICA Policy Changes While HOSTICA will provide our clients with reasonable notification, HOSTICA reserves the right to change its policy at any time without prior notice to meet the needs of our customers, changing laws and new technology. This includes, but is not limited to, user and service agreement changes, server upgrades, patches, and security fixes.
* Miscellaneous This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflicts of law provisions. You consent to the personal jurisdiction of the federal and state courts having jurisdiction for Torrance, California with respect to all disputes arising out of this Agreement, your use of the Service or otherwise between you and HOSTICA. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Any action at law, suit in equity, or other judicial proceeding concerning, relating to, arising from, or touching upon in any way, no matter how remotely, the contract for services between you and HOSTICA, Inc. and/or your use of and/or HOSTICA's provision of systems and services hereunder, shall be brought and litigated, if at all, only in the state court system of the State of California. In such event, you acknowledge the right of the specified court to assert personal jurisdiction in any such action over you and waive and release now and forever any defense to that assertion of jurisdiction that might otherwise exist. Neither this Agreement, nor any of your rights or obligations arising hereunder, shall be transferable by you to any third party without HOSTICA's prior written consent. This Agreement, the Acceptable Use Policy, and the End-User License Agreement constitute the entire agreement between you and HOSTICA with respect to the Service. HOSTICA reserves the right to alter, amend or modify this Agreement at any time without prior notice. No amendment or modification to this Agreement by you shall be valid or binding on HOSTICA unless made in writing and signed by both parties. Under California Civil Code Section 1789.3, California subscribers are entitled to the following specific consumer rights information: the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at 1-916-445-1254. Your continued use of HOSTICA services indicates your complete acceptance and legal binding to this entire Agreement without exception. HOSTICA (R) is a Registered Trademark of the Jatek Corporation, Inc. |
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