Introduction
Our Terms of Use applies to all clients of iHostingDirect.com and is intended to provide a general understanding of iHostingDirect's policy on the Terms of Use of its Virtual Servers or hereby known as (Services). It is designed to help protect our Services, our clients and the Internet community from irresponsible or illegal activities. iHostingDirect expects that common sense and good judgment will guide all of our clients' activities on the Internet. Information available on iHostingDirect's network is the property of iHostingDirect, its information providers or other clients. iHostingDirect does not accept responsibility for the content of the materials and information published by others which are accessible through the iHostingDirect connection and does not accept responsibility for the violation of any laws resulting from such publication.
All users of iHostingDirect's Services are expected to abide by the laws of the state and country in which they reside, including all copyright laws and regulations, tariff regulations, export controls, treaties and international law.
Use of iHostingDirect's Services constitutes on the part of such user acceptance of and agreement to abide by all of the rules, regulations and policies of iHostingDirect, including our Terms of Use, as such policies may be modified by iHostingDirect at any time and from time to time. Use of iHostingDirect Services are at the risk of the client.
Electronic Communications Privacy Act Notice (18 USC §§ 2701-2711) iHostingDirect.com MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON ITS NETWORK OR ANY NETWORK ATTACHED TO ITS NETWORK. iHostingDirect SHALL NOT BE LIABLE FOR THE PRIVACY OF E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT STORED ON iHostingDirect's EQUIPMENT, TRANSMITTED OVER NETWORKS ACCESSED BY CLIENT, OR OTHERWISE CONNECTED WITH USE OF THE iHostingDirect NETWORK. SEE iHostingDirect's PRIVACY STATEMENT FOR HOW WE USE PERSONAL INFORMATION.
Policies
- iHostingDirect accounts may be used only by the authorized owners of the accounts, except where specifically authorized by iHostingDirect. Allowing use of your account by others is prohibited and at your own risk.
- Resale, trade or transfer of any account without express written consent from iHostingDirect is prohibited. Attempting to obtain access beyond that for which a client is authorized will be grounds for immediate termination of such client's account.
- Attempting to defeat identification procedures, gain passwords or encryption codes, penetrate security measures, circumvent user authentication or use of the iHostingDirect network to gain unlawful or unauthorized entry to another machine on the Internet; use of an iHostingDirect account to attempt to alter or destroy data belonging to iHostingDirect or another user on any computer network; and use of the iHostingDirect system as a staging ground to "crack" other systems will be grounds for immediate termination of such client's account.
- Transmission, redistribution, reproduction or commercial exploitation of information available on iHostingDirect's network without the permission of its owner or in violation of applicable copyright laws or patents will be grounds for immediate termination of such client's account.
- Abusive or inappropriate use of any iHostingDirect Services, including any behavior which disrupts the normal use of the system or Internet services of others, inhibits any user from accessing the Internet, interferes with the proper operation of iHostingDirect's network or impairs the availability, reliability or quality of iHostingDirect Services for other clients is prohibited.
- It is contrary to the specific policies of iHostingDirect, and we reserve the right to remove any material from any site without notice, if any client or user is effectuating or participating in any of the following activities:
- encouraging a violation of any applicable law or regulation, including but not limited to the sale of illegal goods or the violation of export controls or obscenity laws;
- Infringing the rights of any third party, including but not limited to the intellectual property, business, contractual or fiduciary rights of others;
- Involving the display, sale, distribution or creation of any adult content, obscene or otherwise offensive goods, services, materials or ideas or promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- making fraudulent offers of items, products, or services originating from a client's account;
- using non-authorized relays through any third party systems;
- "flooding" or overburdening recipient computer systems by sending a high volume of spurious data which impedes functionality or disables the recipient system, or any other methods of denial of service of another;
- storing or distributing on iHostingDirect servers illegally-acquired information, programs containing malicious code, including viruses, trojans or worms or tools to comprise the security of other sites;
- using programs such as packet sniffers, host and/or service monitoring or other similar programs; and
- engaging in any of the above activities using the service of another provider but channeling such activities through a iHostingDirect account or remailer or using a iHostingDirect account as a mail drop for responses.
- Email and Internet Relay Chat
- Email is a person-to-person medium and not a broadcast medium. Harassing others by "mailbombing" or "spamming," which constitutes sending the same or substantially similar unsolicited electronic mail messages to a large number of recipients, or more than twenty (20) similar mail messages to the same email address, may be grounds for termination of a client's account. Threatening bodily harm or property damage to individuals or groups, for example, making terrorist threats, is also strictly prohibited and is grounds for termination.
- The following activities are specifically prohibited by iHostingDirect in connection with the use of email or IRC services:
- distributing malicious software which contributes to or assists in "mail-bombing" or "spamming";
- sending unsolicited, junk or chain letter email for the purpose of advertising or soliciting, or using iHostingDirect's email address to collect responses from unsolicited email;
- attempting to impersonate any person, using forged email or other identifying information;
- nstalling "auto-responders," "cancel-bots" or similar automated or manual routines which generate excessive amounts of net traffic;
- using IRC bots in violation of any accepted policies on IRC servers; and
- running an IRC server or providing IRC related services on iHostingDirect's network.
Client's Responsibilities
- All iHostingDirect clients and users who publish materials and information which are accessible through the iHostingDirect's connection are solely responsible for the content of such materials and information and are solely responsible for compliance with all laws applicable to the publication of such materials and information. Each such client or user must accept responsibility for the publication of any defamatory, adult content, confidential, secret or proprietary material.
- Each account holder is responsible for charges incurred by others to whom the account holder has given its username and/or password, and for charges incurred by a person who has obtained such account holder's username and/or password prior to such account holder's notification to iHostingDirect of such fact.
- Any permitted customers of iHostingDirect's clients are bound by same restrictions as iHostingDirect's clients, including our Terms of Use.
Actions by iHostingDirect for Noncompliance or Violation
- iHostingDirect is under no obligation to monitor the content of websites hosted by Clients for violations of our Terms of Use. Certain of the activities set forth above cause alarms that could require iHostingDirect to take action. Account holders should be aware, however, that normal use and software will not set off such alarms.
- Use of an iHostingDirect account or Services in an illegal manner is grounds for immediate termination of such account. Users should be aware that iHostingDirect views such activities very seriously and may disclose prohibited activities to law enforcement agencies, including the Federal Bureau of Investigation, with whom iHostingDirect will fully cooperate. iHostingDirect will cooperate with appropriate law enforcement agencies involved in investigating instances that may be reported to such authorities by clients or other users who believe they are being subjected to potentially unlawful harassment.
- iHostingDirect reserves the right to conduct its own investigation of suspected violations of our Terms of Use.
- In addition to the other actions described herein, iHostingDirect may take one or more of the following specific actions:
- log instances of abuse;
- disable and cancel the client's account (Noncompliance or violation of our Terms of Use is a material breach of the Services Agreement and may be grounds for termination by iHostingDirect);
- delete some or all of client's files in iHostingDirect's possession, or cease providing Services.
- In the event that an account is temporarily deactivated as a result of any prohibited activities, the account may be subject to reactivation charges and/or deposit requirements to be determined by iHostingDirect.
- Each account holder understands and acknowledges that iHostingDirect has the right to terminate any account for any reason that iHostingDirect interprets as an abuse of the account and such account holder will be liable for any and all costs incurred by iHostingDirect as result of such abuse.
- iHostingDirect will review alleged violations of our Terms of Use on a case-by-case basis. Violations which are not promptly remedied may result in disciplinary action, including referral to appropriate authorities for civil or criminal prosecution. iHostingDirect's decisions in all such matters are final. iHostingDirect does not assume any liability to any account holders, users or others for its failure to enforce our Terms of Use.
- Nothing herein is to be construed to limit iHostingDirect's remedies in any way, to recover costs, identify and remove offenders, levy cancellation charges or pursue any other remedies at law or in equity.
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Contacts
- Each account holder must immediately notify iHostingDirect of any unauthorized use of such account holder's account, of any breach or attempted breach of security, if it is believed that such account holder's password has been compromised or of any other violations of our Terms of Use.
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If you have any questions with respect to our Terms of Use, please contact iHostingDirect, by emailing us at
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iHostingDirect reserves the right to modify this policy at any time.
<Last Revised: 11-21-2003>
©2003-2004 iHostingDirect.com
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