TERMS OF USE - CURRENT POLICIES |
| HostConsole.com WILL NEVER REQUIRE YOU TO ADVERTISE FOR HostConsole.com ON YOUR WEBSITE IN ANY WAY SHAPE OR FORM. |
 CONTENT |
All services provided by HostConsole.com 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 that is threatening or obscene, material
that is "adult only" content, or material protected
by trade secrets and other statue. The subscriber agrees
to indemnify and hold harmless HostConsole.com from any claims
resulting from the use of the service which damages the
subscriber or any other party.
Note: 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 gambling/casino sites or 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. HostConsole.com will be the sole arbiter as to what
constitutes a violation of this provision.
Examples of non-acceptable content or links:
 Pirated
software or MP3 files
Hackers
programs or archives
Warez Sites
Porn
Spamming
Software
HostConsole.com will be the sole arbiter as to what constitutes
a violation of this provision.
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| TRAFFIC
GUIDELINES |
Due to the unique resource characteristics
and traffic patterns associated with certain types of sites,
the following are limited to 5 gigs (on average, close to
a 100,000 hits per month) of free traffic/bandwidth per
month:
Sub hosting
- any domain housing additional users
Shareware,
sound, video, image and multimedia archives
Mirror sites
Distribution
points
Any site
whose primary purpose is file distribution
All sites
with files other than plain text webpages
Sites that go over the allowed free traffic will be charged
$5 per gig. Sites must pre-pay this fee, and site is subject
to suspension if bandwidth is unpaid for.
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| CHAT
ROOMS |
We do not allow you to link to or use IRC
or IRC bots such as eggdrop, and BitchX on our servers.
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| BACKGROUND
RUNNING PROGRAMS |
As a general rule we do not allow background
running programs. 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.
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| IRC |
We currently do not allow you to link to
or use IRC or IRC bots such as eggdrop, and BitchX on our
servers.
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| DISTRIBUTION
AND/OR TRANSMISSION OF OBSCENE OR INDECENT SPEECH OR MATERIALS |
Violation of indecency and obscenity laws
can result in criminal penalties.
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| INTELLECTUAL
PROPERTY RIGHTS |
Material accessible to you through HostConsole.com's
Services may be subject to protection under the United States
or other 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 HostConsole.com 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 HostConsole.com Network. If you use a domain name in connection
with the HostConsole.com 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.
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| NETWORK
SECURITY |
Customers may not use the HostConsole.com 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. HostConsole.com 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.
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| DEFAMATION |
Defamatory speech distributed over the Internet
can result in civil liability for the defamer.
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| REFUSAL
OF SERVICE |
HostConsole.com reserves the right at its sole
discretion to refuse or cancel service. Violation of any
of HostConsole.com's Rules and Regulations could result in a
warning, suspension, or possible account termination. Accounts
terminated due to policy violations will not be refunded.
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| SPAM
OR UNSOLICITED E-MAIL |
You must not use the HostConsole.com Network,
HostConsole.com equipment or any HostConsole.com 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
HostConsole.com Network, HostConsole.com equipment or any HostConsole.com
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, without warning, HostConsole.com
reserves the right to disable your domain. HostConsole.com solely
reserves the right to refuse or cancel service to known
spammers. Lastly, HostConsole.com reserves the right to determine
what violates this policy. As such, any violation may result
in cancellation of services without refund.
As such, any violation will result in immediate deactivation
of services without refund.
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| ABUSE |
Any attempts to undermine, slander, libel,
threaten, or cause harm to a HostConsole.com 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.
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| INDEMNIFICATION
|
Customer agrees that it shall defend, indemnify,
save and hold HostConsole.com harmless from any and all demands,
liabilities, losses, costs and claims, including reasonable
attorney's fees asserted against HostConsole.com, 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 HostConsole.com against liabilities arising
out of; (1) any injury to person or property caused by any
products sold or otherwise distributed in connection with
HostConsole.com 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 HostConsole.com to the amount
paid for service.
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| DISCLAMER |
HostConsole.com will not be responsible for
any damages your business may suffer. HostConsole.com makes
no warranties of any kind, expressed or implied for services
we provide. HostConsole.com 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 HostConsole.com
and its employees. HostConsole.com reserves the right to amend
or update these policies without notice. Failure to follow
any terms and conditions may result in account deactivation.
HostConsole.com furthermore expects that its customers who
provide Internet services to others will fully comply with
all applicable laws concerning the privacy of online communications.
A customer's failure to comply with those laws will violate
this policy. Finally, HostConsole.com wishes to emphasize that
in accepting services, customers indemnify HostConsole.com
for the violation of any law or HostConsole.com policy, that
results in loss to HostConsole.com or the bringing of any claim
against HostConsole.com . This means that if HostConsole.com is
sued because of activities of the customer that violate
any law, or this policy, the customer will pay any damages
awarded against HostConsole.com, plus costs and reasonable
attorneys' fees.
If any terms or conditions are failed to be followed it
will result in grounds for immediate account deactivation. |
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