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Web Hosting
Policies
HostExpress.com LLC provides web
hosting to many clients, and we have a responsibility to protect
each client and to provide the best services available. The
following guidelines were designed to ensure these obligations
are met.
FURTHERMORE, these Policies,
Guidelines, and Disclaimer are intended for all domains residing
on HostExpress.com LLC's servers.
Content:
All services provided by HostExpress.com LLC may be used for
lawful purposes only. Transmission, storage, or presentation of
any information, data or material in violation of any United
States Federal, State or City law is prohibited. This includes,
but is not limited to: copyrighted material, material we judge
to be threatening or obscene, or material protected by trade
secret and other statute. The subscriber agrees to indemnify and
hold harmless HostExpress.com LLC from any claims resulting from
the use of the service which damages the subscriber or any other
party.
Pornography and sex-related
merchandising is prohibited on all HostExpress.com LLC's
servers. This includes sites that may infer sexual content, or
links to adult content elsewhere. HostExpress.com LLC will be
the sole arbiter in determining violations of this provision.
Also prohibited are sites that
promote any illegal activity or present content that may be
damaging to HostExpress.com LLC's servers or any other server on
the internet. Links to such materials are also prohibited.
Examples of unacceptable
content or links:
- Pirated software
- Hacker programs or archives - Sites that promote the use of unsolicited email (Spam)
- Warez sites
- Sites that promote hate, or
are prodigious to others.
- Sites offering prescription
drugs and gambling
- Any Site that consumes
more than 2% of system resources
Following are a list of sites
that will often require more than 2% of our systems resources:
Domains with busy forums, banner member scripts, large mailing
lists, archives or galleries, (i.e. .gif, .jpg, .exe, .zip, .tar,
etc.), and domain accounts offering download files.
We are not saying that your web
site can not contain such activities/content, however if at any time they
consume 2% or more of our systems resources you will be
contacted to resolve the problem.
HostExpress.com LLC will be the
sole arbiter as to what constitutes a violation of this
provision.
Traffic, Disk Usage, Statistics
and Email
All account plans come with a predetermined amount of traffic
allowance. We monitor all accounts and bill $6.99 ($5.50 for
managed resellers and dedicated servers) for each gig of traffic
exceeded. This amount is not prorated, this meaning that 1 mb -
1 gig will be treated and billed as the same.
All Retail plans include a set
amount of disk space of which 75MB of space is allocated toward
stats and logs. Individual Managed Reseller sites include
same disk space and bandwidth as our retail plans at a
discounted rates. Resources for Managed Reseller sites can
not be combined.
Log files are rotated monthly on
our UNIX Retail and Managed Reseller plans. The previous months
logs are archived on the server. Log files are deleted
monthly on our Windows Plans. Log files are rotated
daily on our Bulk Reseller Plan and are archived for the 3
days. Web Site statistics are offered "as
is" and if activated by the customer should be automatically generated on
UNIX accounts. Windows customers have to request statistics on a per
site basis and manually update statistics. If statistics are not generated
before log files are deleted statistics will not be available for that time
period.
Email will be kept on the server for a period of
90 days on multi-site and bulk reseller accounts and 30 days on managed reseller
and retail accounts. Users should download their email and keep an off
site back up of all
messages. To increase the performance of the servers and reduce download
issues we encourage users to delete messages from the server once they are read.
Effective 1/6/03 in an effort to continue
offering un-interrupted email services due to the large volume of spam our
servers receive we implemented the service spamcop.net on all email
accounts. Furthermore we reserve the right to block, bounce, discard or
filter any email sent to our servers or network.
Effective 1/1/06 We will not longer allow catch all email addresses and any domains using a catch all address will have it disabled. This is to protect the server from dictionary spam and mail bombs.
Reseller Accounts
All reseller accounts include a set amount of system
resources and 2% CPU usage. All items listed as
"Unlimited" including but not limited to
domains, email, databases are not restricted by a physical
number but will require the purchase of additional system
resources when these system resource limits are reached. A $49
setup fee applies to switch to our Multi-Site Hosting Account.
HostExpress.com LLC requires resellers to collect valid contact
information.
Commercial Advertising -
Email:
Spamming, or the sending of unsolicited email, from an HostExpress.com LLC's
server or using an email address or domain that is maintained on
an HostExpress.com LLC machine as reference is STRICTLY
prohibited. This includes sending mass mailings to email
addresses that did not "Opt In*" from a domain that is maintained on
an HostExpress.com LLC machine. HostExpress.com LLC will be the sole arbiter as to what
constitutes a violation of this provision.
* Any user that joins a list must
be sent an email to the address they signed up asking for them
to verify they joined the list. That user will not be
added to the list until they perform some sort of authentication
such as replying to the message or clicking on a link.
Chat Rooms
HostExpress.com LLC will not allow clients to install their own
chat rooms. These tend to be a large drain on system resources
and we cannot allow it as an account option.
Background Running Programs
HostExpress.com LLC may allow programs to run continually in the
background. These are considered on a case-by-case basis and an
extra charge will be incurred based on system resources used and
operational maintenance needed.
IRC
HostExpress.com LLC currently does not allow IRC or IRC bots to
be operated on our servers.
Offering Free Services
HostExpress.com LLC will not allow clients to run free services
on shared or reseller accounts. This includes but is not
limited to free email, free home pages and free hosting.
These "free" services can be hosted on our dedicated
servers.
Offering Automated Account Creation
HostExpress.com LLC will not allow automated hosting or email
account creation scripts.
Server Abuse:
Any attempt to undermine or cause harm to a server, or customer,
of HostExpress.com LLC is strictly prohibited.
Refusal of Service:
HostExpress.com LLC reserves the right to refuse, cancel, or
suspend service at our sole discretion.
All Sub-Networks, distributive
hosting sites and dedicated servers of HostExpress.com LLC must
adhere to the above policies.
BILLING:
Recurring Billing:
All credit cards are billed automatically. Our billing cycle
starts on the first of each month. The
first months fees are pro-rated based on a 30 day month for the
number of remaining days in the month the account was ordered.
Fees for new sites are invoiced on or about the first of the
proceeding month for the term that plan is billed and include
any applicable setup fees and the pro-rated amount for the month
the site was ordered. It is the clients
responsibility to ensure that they have sufficient credit to
cover this transaction. In the event that there is insufficient
credit, as a courtesy we will send an email notification at
which point we will need to be provided with another credit card
within 15 days. If we do not receive a response within 15 days
the account will be deactivated and any accounts under that
account plan.
Domain Affiliates:
The cost of domain names for domain affiliates is $11.99 plus 5%
of the retail price set by the affiliate. We pay affiliates 45 days after
the close of any given month that their commissions due reach
$50 or more. Commissions are accumulated for months that have
less than $50 in commissions. US and Canadian affiliates
may choose to have commissions applied toward HostExpress.com
LLC Hosting services or be paid by check. Commissions for Non-US/Canadian
based affiliates may be credited toward HostExpress.com LLC
Hosting services and are not paid by check or any other payment
method. Commissions for NON-US based affiliates not used
toward HostExpress.com LLC Hosting services within 12 months of
being due are for fitted (deleted) and will not be credited to
the affiliate. Affiliate accounts that are inactive (no
new registrations) for over 12 months will be cancelled and any
domain registrations under that affiliate account will be
managed and billed directly through HostExpress.com
LLC.
Account Deactivations:
Any account deactivated due to non-payment will be deactivated
and we require a reactivation fee of $50.00 to be paid prior to
reactivating the account.
Upgrades and Downgrades:
Our standard setup fees apply for all upgrades and
downgrades. Any sites that downgrade will receive a credit
of the difference in the monthly cost between their old plan and
new new plan for any pre-paid full months of hosting service.
30 Day Money Back
Guarantee/Refunds:
Regular Hosting Clients - Should you become unsatisfied with our
services within the first 30 days of your account activation, HostExpress.com LLC
will refund your hosting fee.
Cancellation Refunds:
HostExpress.com LLC's DOES NOT refund partial monthly fees to
accounts canceling after their 30 day initial account activation
period. Therefore only prepaid full monthly fees existing on
account will be refunded. All cancellation requests
must be received at least 15 days prior to the billing due
date. Cancelled accounts that are
paid yearly are subject to a $29 cancellation fee. All
accounts that include ClickCartPro that are cancelled
within 90 days of the order will require an additional
$99 cancellation fee.
**Please note: Domain Name
Registration fees WILL NOT be refunded.**
REFUSAL OF SERVICE:
HostExpress.com LLC reserves the right to refuse, cancel, or
suspend service at our sole discretion.
LIMITATION OF LIABILITY:
HostExpress.com LLC shall not be responsible for any claimed
damages, including incidental and consequential damages, which
may arise from HostExpress.com LLC's servers going off-line or
being unavailable for any reason whatsoever. Furthermore, HostExpress.com LLC
shall not be responsible for any claimed damages, including
incidental or consequential damages, resulting from the
corruption or deletion of any web site from one of HostExpress.com LLC's
servers. All damages shall be limited to the immediate
termination of service.
Violations of these Acceptable
Uses Policies should be referred to:
support@hostexpress.com
All complaints will be
investigated promptly. Failure to follow any term or condition will be grounds for
immediate account deactivation.
DISCLAIMER:
HostExpress.com LLC's cannot be held liable for system
downtime, crashes, or data loss. We cannot be held liable for
any predicted estimate of profits in which a client would have
gained if their site was functioning. HostExpress.com LLC
does regular backups as an extra service for it's clients but in no way guarantees
these backups. Clients should at all times keep a backup copy of their
data stored outside our Network. Certain services provided
by HostExpress.com LLC are resold. Thus, certain equipment,
routing, software, and programming used by HostExpress.com LLC
are not directly owned or written by HostExpress.com LLC.
Moreover, HostExpress.com LLC holds no responsibility for the
use of our clients accounts. If any terms or conditions are
failed to be followed, the account in question will be
automatically deactivated. We reserve the right to remove any
account or files without advanced notice for any reason without
restitution as HostExpress.com LLC sees fit.
ACCOUNT ACTIVATION:
By activating your account with HostExpress.com LLC, you agree
to the above policies and disclaimer. Upon requesting an account
activation, you are required to accept these policies,
guidelines, and disclaimer and a copy of your acceptance is
forwarded along with your activation request to be maintained
within your account information.
NOTICE:
If you sign up for an account and do not follow our terms No
refunds will be given.
FURTHERMORE, HostExpress.com LLC
Network retains the right to change any or all of the above
Policies, Guidelines, and Disclaimer without notification. We
also retain the right to increase any pricing, and make changes
to our account plans without notification.
**If your account is found to
contain illegal activity, Illegal MP3 Files, Pirated software,
hacker programs, Warez programs, or any other illegal files,
your account will be terminated immediately without notice and a
$50.00 Cancellation fee will apply. ** Also the proper (and your
local) authorities will be notified of your actions.
Domain
Dispute Resolution Policy
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