Shared & Reseller Accounts TOS/AUP
AUP ACCEPTABLE USE POLICY
Host Folks Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what Host Folks expects of them while using the service. All users of Host Folk's Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service). Use of Host Folks Service constitutes acceptance and agreement to Host Folk's AUP as well as Host Folk's TOS (Terms of Service)
IMPORTANT NOTICE :
We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP.
Host Folks may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your Host Folks account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE. This document is intended to provide a basic understand of Host Folk's Acceptable Use Policy.
The following are guidelines for the establishment and enforcement of Host Folk's AUP :
Ensure reliable service to our customers Ensure security and privacy of our systems and network, as well as the networks and systems of others Comply with existing laws Maintain our reputation as a responsible service provider Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services Preserve the value of Internet resources as a conduit for free expression and exchange of information Preserve the privacy and security of individual users. Host Folks intends to provide its customers access to everything the Internet has to offer. While Host Folks is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both Host Folks and the Internet and cannot be permitted under the guise of free speech. The resources of Host Folks and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community. We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service. You may not use your virtual site to publish material, which HostFolks.Net determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings. If a Host Folks account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time. As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at abuse@HostFolks.com VIOLATIONS OF Host Folks
ACCEPTABLE USE POLICY The following constitute
violations of this AUP :
Illegal use: Host Folk's services may not be used for illegal purposes, or in support of illegal activities. Host Folks reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
Harm to minors :
Use of Host Folks service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography. Any action taken by a member in particular child pornography will result in the member being reported to the police.
Threats :
Use of Host Folks service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
Harassment :
Use of Host Folks service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another. Fraudulent activity: Use of Host Folks service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
Forgery or impersonation :
Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of Host Folks service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Host Folks account. E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Host Folks account.
E-mail / Message Forging :
Forging any message header, in part or whole, of any electronic transmission, originating or passing through Host Folks service is in violation of this AUP. Usenet SPAMing: Host Folks has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
Unauthorized access :
Use of Host Folks service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Host Folk's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Host Folks account is subject to immediate termination.
Copyright or trademark infringement :
Use of Host Folks service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
Collection of personal data :
Use of Host Folks service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
Network disruptions and unfriendly activity :
Use of Host Folks service for any activity which affects the ability of other people or systems to use Host Folk's Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their site is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their site for illegal or inappropriate actions. A Subscriber may not permit their site, through action or inaction, to be configured in such a way that gives a third party the capability to use their site in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. Host Folks will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
Fraud :
Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right:
Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
Distribution of Viruses :
Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account. Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Host Folks services could result in suspension service.
Third Party Accountability :
Host Folks' subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.
Violation Of Host Folks Virtual Accounts :
It is absolutely forbidden to host IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund. Security, You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Your password provides access to your account. It is your responsibility to keep your password secure. Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use. Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service. You must adopt adequate security measures to prevent or minimize unauthorized use of your account. You may not 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 you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host. Users who violate systems or network security may incur criminal or civil liability. Host Folks 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. Network Performance Host Folks 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 resource-intensive programs which negatively impact other customers or the performances of Host Folks systems or networks. Host Folks reserves the right to terminate or limit such activities.
REPORTING VIOLATIONS OF Host Folks AUP :
Host Folks requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse@HostFolks.net. If available, please provide the following information: The IP address used to commit the alleged violation The date and time of the alleged violation, including the time zone or offset from GMT Evidence of the alleged violation E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. Host Folks may take any one or more of the following actions in response to complaints:
Issue written or verbal warnings Suspend the Member's account, Terminate the Member's account, Bill the Member for administrative costs and/or reactivation charges, Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations
REVISIONS TO THIS ACCEPTABLE USE POLICY
Host Folks reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service). Copyright 2007 Host Folks TOS
TOS (Terms of Service)
Subject to the following TOS (Terms of Service).
Use of Host Folks Service constitutes acceptance and agreement to Host Folk's AUP as well as Host Folk's TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of Host Folks, Inc. and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment. This Agreement shall be construed in all respects in accordance with the laws of the state of Texas, county of Harris applicable to contracts enforceable in that state. Venue will be Harris County, Texas Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Host Folks shall have the right to terminate all service set forth in this
Agreement. Service Rates :
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
Payment :
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service.
Payments and Fees :
Service will be interrupted on accounts that reach 4 days past due. Service interrupted for nonpayment is subject to a $10 reconnect charge. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
Refund and Disputes :
All payments to Host Folks, Inc. are non refundable. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Host Folk's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Host Folks an "Administrative Fee" of not less than $25 and not more than $150.
Failure to Pay :
The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Account Cancellation :
All requests for canceling accounts must be sent by email to: cancel@hostfolks.net with at least 7 days notice but not more than 60 days You must have all account information to cancel. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
New Domain Accounts :
All web hosting accounts involving new (free as part of offer) domains will be registered by us on your behalf, the domain will remain under an account held by us on your behalf. Should you wish to have the domain name transferred to an account held by you, please send an email to domains@hostfolks.com and we will arrange to have the domain name transferred to an account at our registrar under your ownership. Once a domain name as been transferred to an account under your ownership you will be responsible for any renewal fees once the original one year of registration expires, domains left under our care will be renewed yearly for the length of your hosting with us.
Transferring New Domains :
All new hosting accounts including a free domain name are required to be open for at least three (3) months before a transfer request can be made, if transfer requests are made before the three (3) month period expires an administration fee of $8.95 will apply.
Bandwidth and Disk Usage :
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Host Folks will monitor Customer's bandwidth and disk usage. Host Folks shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Host Folks sole and absolute discretion. If Host Folks takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Host Folks may, at its sole discretion, collect a deposit, in an amount determined by Host Folks.
System and Network Security :
Users are prohibited from violating or attempting to violate the security of the Host Folks Network. Violations of system or network security may result in civil or criminal liability. Host Folks will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation: Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing". Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Taking any action in order to obtain services to which such User is not entitled.
Notification of Violation :
Host Folks is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
First violation :
Any User, which Host Folks determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Host Folks discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
Second Violation :
Users that Host Folks determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice. We reserve the right, to drop the section of IP space involved in Sp am or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
Suspension of Service or Cancellation :
Host Folks reserves the right to suspend network access to any customer if in the judgment of the Host Folks network administrators the customer's account is the source or target of the violation of any of the other terms of the AUP or for any other reason which Host Folks chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's accounts were suspended.
Host Folks reserves the right to amend its policies at any time. All Virtual account holders, resellers and managed servers of Host Folks must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.
Indemnification :
Host Folks wishes to emphasize that in agreeing to the Host Folks Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Host Folks for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Host Folks or the bringing of any claim against Host Folks by any third-party. This means that if Host Folks is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Host Folks, plus all costs and attorney's fees.
Miscellaneous Provisions :
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation. Host Folks takes no responsibility for any material input by others and not posted to the Host Folks Network by Host Folks. Host Folks is not responsible for the content of any other websites linked to the Host Folks Network; links are provided as Internet navigation tools only.
Host Folks disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
Host Folks is not responsible for any damages your business may suffer.
Host Folks does not make implied or written warranties for any of our services.
Host Folks denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Host Folks. It is absolutely forbidden to host IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund. Responsibility for Content: You, as Host Folk's customer, are solely responsible for the content stored on and served by your Host Folks server.
Policy for adult websites:
Adult content is not permitted on our starter plan, LEGAL adult content that is not part of a commercial (selling porn for money) website is permitted on our gold package hosting, hosting of LEGAL adult content on commercial sites is available on request, please contact adulthost@hostfolks.com with your requirements for a quote.