Acceptable Use Policy (AUP) and Terms of Service (TOS)

Hosts 4 Domains issues this document.
The company shall be known throughout this document as Hosts 4 Domains.

IMPORTANT NOTICE: All Payments To Hosts 4 Domains, Are Non-Refundable.

Hosts 4 Domains agrees to provide the client web hosting for a monthly/annual fee. Hosts 4 Domains will never require clients to advertise for Hosts 4 Domains on their website in any way shape or form unless agreed upon such as a non-profit organization receiving complimentary hosting. Clients are allowed to use the service for business/commercial or personal websites or content.

Content:
All services provided by Hosts 4 Domains may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United Kingdom (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is "illegal adult only" content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless Hosts 4 Domains from any claims resulting from the use of the service which damages the subscriber or any other party.

ILLEGAL Adult Content:
Illegal Pornography and sex-related merchandising are prohibited on any server. This includes sexual content, or direct links to adult content elsewhere. 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. Links to such materials are also prohibited. Hosts 4 Domains will be the sole arbiter as to what constitutes a violation of this provision.

Examples of non-acceptable content or links:
- Pirated software
- Hacking programs or archives
- Warez Sites
- Illegal Porn
- Spamming Software

Background-running Programs:
We do not allow background-running programs. This includes any IRC related software such as bouncers and bots. In certain cases we may allow programs to run continually in the background, these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

Banned Scripts:
You are free to use any scripts you wish provided they do not affect the normal operations of the server and they are not mentioned specifically below. Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, Hosts 4 Domains reserves the right to disable the account pending client cooperation and resolution.

Scripts we do not allow include:

- Chat servers/scripts of any kind are strictly prohibited.

- Formmail.pl is not allowed on our servers.

You can use formmail scripts but they must be up to date and not running with the filename "formmail.pl". Any files named "formmail.pl" will be deleted without notice.


Distribution and/or Transmission of Obscene or Indecent Speech or Materials:
Violation of indecency and obscenity laws can result in criminal penalties.

Intellectual Property Rights:
Material accessible to you through Hosts 4 Domain's Services may be subject to protection under United Kingdom (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Hosts 4 Domains Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Hosts 4 Domains Network. If you use a domain name in connection with the Hosts 4 Domains Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security:
Customers may not use the Hosts 4 Domains Network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Hosts 4 Domains will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Network Performance & Script Usage
Hosts 4 Domains accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use no more than 20% of once server resources per account. You also may not use resource-intensive programs which negatively impact other customers or the performances of Hosts 4 Domains systems or networks. Hosts 4 Domains reserves the right to terminate or limit such activities.

Any accounts with scripts found in violation of these policies are subject to future scrutiny of all CGI, Perl, CFM, ASP, and PHP scripts by our System Administrators. If a script is found to be harmful to the system, it will be killed immediately and the account locked down until the account owners have been contacted. Malicious scripts are subject to immediate account termination without refund of any pre-paid monies.

Defamation:
Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Refusal of Service:
Hosts 4 Domains reserves the right at its sole discretion to refuse or cancel service. Violation of any of Hosts 4 Domain's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Free domains which have been granted for customers paying annually are released to the customer at the end of there hosting period. Domains terminated due to policy violations will not be released to the customer.

Spam Or Unsolicited E-Mail:
You must not use the Hosts 4 Domains Network, Hosts 4 Domains equipment or any Hosts 4 Domains email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Hosts 4 Domains Network, Hosts 4 Domains equipment or any Hosts 4 Domains email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have spammed, Hosts 4 Domains reserves the right to disable your domain without warning. In addition, Hosts 4 Domains WILL impose an instant £150 penalty for each spam policy violation. Hosts 4 Domains solely reserves the right to refuse or cancel service to known spammers. Lastly, Hosts 4 Domains reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

Abuse:
Any attempts to undermine, slander, libel, threaten, or cause harm to a Hosts 4 Domains server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.

To report abuse on our network or servers, please e-mail abuse@hosts4domains.com providing as much information as you can.

Indemnification:
Customer agrees that it shall defend, indemnify, save and hold Hosts 4 Domains (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Hosts 4 Domains, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Hosts 4 Domains against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Hosts 4 Domains server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of Hosts 4 Domains to the amount paid for service.

Disclaimer
Hosts 4 Domains will not be responsible for any damages your business may suffer. Hosts 4 Domains makes no warranties of any kind, expressed or implied for services we provide. Hosts 4 Domains disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Hosts 4 Domains and its employees. Hosts 4 Domains makes no "uptime" guarantees.

Hosts 4 Domains keeps backups of key server systems only. Hosts 4 Domains can accept no responsibility for any loss of data or consequences arising from this. Hosts 4 Domains always advises clients to back up their site data regularly for its own protection.

Hosts 4 Domains furthermore expects that its customers who provide hosting services (resellers) to others will ensure its customers fully comply with all applicable laws concerning the privacy of online communications and any other policy of Hosts 4 Domains. A customer's failure to comply with those laws will violate this policy.

If a customer provides hosting services (resellers) to others and decides to cancel their reseller hosting account with Hosts 4 Domains then Hosts 4 Domains will not be responsible for maintaining hosting for the resellers customers.

However, both customer and Hosts 4 Domains may come to a mutual agreement of Hosts 4 Domains taking over customers clients.

Finally, Hosts 4 Domains wishes to emphasize that in accepting services, customers indemnify Hosts 4 Domains for the violation of any law or Hosts 4 Domains policy, that results in loss to Hosts 4 Domains or the bringing of any claim against Hosts 4 Domains. This means that if Hosts 4 Domains is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Hosts 4 Domains, plus costs and reasonable legal fees.

Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation.

Hosts 4 Domains reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice.

Copyright 2004 Hosts 4 Domains.