As a customer you are bound by the limitations of this agreement. You as a customer agree at all times you hold harmless, defend, and indemnify HO!starter and it's subsidiary Hostarter.com from any legal action taken by any account you host. As a customer of our services you are responsible for your own actions and the content. In the event of a breach of these terms by yours, you will be notified and asked to rectify the situation in a timely manner. In the event you refuse or do not take action in a timely manner the offending site may at the sole discretion of HO!starter be suspended or terminated. Repeated violations of these terms may result in the termination of your account.
Upon signing up for HO!starter, all customers agree to comply with HO!starter Terms of Use. The spirit of this policy is to ensure our customers are using HO!starter, facilities with due regard to the rights of other Internet users and in conformity with the requirements of HO!starter network environment.
HO!starter servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots.
Adult-oriented sites are not allowed. This includes sites that are associated with bestiality or child pornography, sites which promote hate against any group, sites of such nature will be removed immediately and you will not be refunded. 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, or provide links to such sites.
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorised access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources over their allotted limits) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a higher service plan.
CGI script sharing with domains not hosted by HO!starter is not permitted. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
HO!starter does not allow customers to install their own chat rooms not supplied as part of the package they lease from HO!starter. Some Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option.
HO!starter will allow programs to run in the background. These programs will be considered on an individual basis and customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact HO!starter at support @ hostarter.com so that we can arrange set-up.
HO!starter does not allow IRC or IRC bots to be operated on our servers.
Spamming, the sending of unsolicited mass email from or through a HO!starter server or using an email address that is maintained on a HO!starter machine is STRICTLY prohibited. HO!starter will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but reference in the spam a web site hosted on a HO!starter server. Violators will be assessed a minimum fine of $500.00 and will face immediate suspension. If you or any sites you host cause our servers or IP's to be listed in spews or any of the spam listing services the offending sites will be terminated with out notice.
Any attempts to undermine or cause harm to a HO!starter server or customer are strictly prohibited.
Any database stored on HO!starter servers shall be limited in size to 50% of the total disk space allotted for that particular domain's plan/web hosting account.
HO!starter keeps backups for archive purposes only, HO!starter does not warrant that the backups will be current or usable for customer data recovery. While we attempt to maintain accurate and current backups we cannot and do not warrant them to be fit or up to date. It is the customers sole responsibility to maintain current backups of their data. You agree that at no time HO!starter will be held liable for faulty backups or data stored on our servers. HO!starter and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any failure of backups or corruption or loss of data stored on our servers.
The failure by a customer to meet or follow any of the above Terms of Use is grounds for account deactivation. HO!starter will be the sole arbiter as to what constitutes a violation of the Terms of Use. HO!starter reserves the right to remove any account without prior notice.
When HO!starter becomes aware of an alleged violation of its Terms of Use, HO!starter will initiate an investigation. During the investigation, HO!starter may restrict a customer's access in order to prevent further potentially unauthorised activity. Depending on the severity of the violation, HO!starter may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies.
If such violation is a criminal offense, HO!starter will notify the appropriate law enforcement authorities of such violation. HO!starter does not issue credits for outages incurred through service disablement resulting from Terms of Use violations. HO!starter customers agree to indemnify and hold harmless HO!starter from any claims resulting from the use of our services that damages them or any other party.
The HO!starter Services is provided on an as is, as available basis. HO!starter expressly disclaims any representation or warranty that the HO!starter service will be error-free, secure or uninterrupted. In cases of outage the client's sole remedy will be a pro-rated credit based on the period difference of downtime and HO!starter promised up time. No oral advice or written information given by HO!starter, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. HO!starter and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
HO!starter reserves the right to add, delete, or modify any provision of its Terms of Use at any time with written notice either direct or posted for 30 days in advance to our website.
