Elite Concepts, Inc. ("hostergy")
provides web site hosting and dedicated services to its clients as a way for those clients to pursue the informational and commercial exchange the Internet affords. To protect the interests of all clients and to ensure optimal service levels, hostergy.com has developed the following Acceptable Use Policy ("AUP") for clients as a guide to client rights and responsibilities when utilizing services offered by hostergy.com. Use of any service offered by hostergy.com by any client will constitute acknowledgment of and agreement to the terms outlined in this document. This AUP may be revised in part or in full at any time by hostergy.com and notices of changes will be posted on hostergy.com. Continued use of services offered by hostergy.com after such changes or enhancements to the AUP have been made will constitute acceptance of any revisions to the AUP.
Content
All services provided by hostergy.com may be used for lawful purposes only. hostergy.com
does not monitor, edit, censor, or take responsibility for
client content or communications from within the network controlled by hostergy.com
except inasmuch to determine if violations of the AUP have occurred
once a suspected violation has been brought to the attention of hostergy.com. Therefore, clients are solely responsible for the content and use of
their service as provided by hostergy.com and should ensure that such use
falls within the guidelines of the AUP. hostergy.com cannot and will not
monitor, edit, censor, or otherwise interfere with information or content
clients may retrieve from sources outside the hostergy.com network even
when such information is made available to clients through the use of material
deliverable to any site or service maintained by hostergy.com, such as via
email. Because of this, hostergy.com will not be responsible for injury or
liability to any client resulting from communications that may be offensive,
misleading, illegal, or otherwise unsuitable in the view of the client.
Clients further agree to indemnify and hold harmless hostergy.com or any of
its subsidiaries from claims resulting from the use of any provided service
which damages the client of any other party.
Domain Registrations and Renewals
By authorizing hostergy.com, to act as the registering agent for new
domain registrations, clients are bound by the terms of the registration
agreement as outlined at this
link. Domain disputes are governed by the Uniform Domain Name Dispute
Resolution Policy (UDRP) as outlined at this
link. All domain name registrations and renewals are completed only after
payment has been received. Failure to appropriately address invoices for
domains renewals can result in domains lapsing should the invoices remain open
past expiry. hostergy.com, will not be responsible for domain expiries
where the renewal or registration fees have not been paid. Domains that enter
the redemption period that every registrar maintains will incur higher fees to
renew per the registrar's fee schedule. As of the date of this document, the
current fee is $250.
Data Retention
Backups are performed by hostergy.com as a courtesy to clients; however,
all clients are advised to maintain a current local copy of their files in the
event backups are irretrievable for any reason. hostergy.com will not be
deemed responsible for data or other loss resulting from the unavailability of
backups. Backups will not be retained for accounts that have been cancelled,
unless such retention is deemed necessary by hostergy.com. As cancellation
requests are processed immediately, any required files from the affected
account should be downloaded prior to the cancellation request.
Prohibited Activities
Commercial advertising - email:
The sending of unsolicited email (spamming) from a hostergy.com server or
referencing a domain hosted by hostergy.com in any spam, whether
originating from the hostergy.com network or not, is forbidden. hostergy.com maintains an excellent reputation as a zero-tolerance provider due to
swift action on spam complaints. Complaints regarding spamming are
investigated thoroughly by hostergy.com. Should abuses be found, hostergy.com reserves the right to immediately and without notice terminate the
offending account. Sites that promote, sell, or otherwise provide access to
spamware products or email lists or products that are solely for the purpose
of extraction or sale of email addresses or which are used to send bulk email
are not permitted on any hostergy.com server. Unsecured form to mail
scripts, such as Matt Wright's formmail script, are likewise prohibited as are
any naming variant of generic form to mail scripts (formmail.*, Formmail.*,
FormMail.*). Unsecured form to mail scripts found to exist under any client
account may be deleted or renamed at the discretion of hostergy.com.
Misuse of system resources:
To protect and maintain high availability of all servers, activities designed
to cause harm to or monopolize the resources of any server in the hostergy.com
network is prohibited. This includes, but is not limited to, the use
of programs that consume excessive CPU time; use of server space for backup or
storage of material unrelated to the web site of an account; use of server
space to be utilized for the purpose of major software repository items; use
of any provided mail services other than for the client's own account; resale
of disk space without an appropriate reseller agreement; use of servers to
engage in any malicious or illegal activity, including unauthorized access to
remote systems or providing the means for such access or engaging in any
activity that can be used as a means to begin remote system penetration;
distribution of viruses, worms, or any other electronic destructive resource;
or maintaining or creating any free for all (FFA) type sites.
Internet Relay Chat ("IRC") related materials are prohibited,
without exception. This includes bots, bouncers, or any script or software
package designed to facilitate the creation, maintenance, or access to any IRC
server or channel. Client accounts found to have such software or scripts
uploaded are subject to suspension or termination without notice. Scripts or
software found to exist on any server will be deleted immediately upon
discovery, without notice, and a warning issued. Further violations of this
policy will result in account termination.
CGI or php-based shell scripts are prohibited. This includes any script
that is used for the purpose of issuing shell-level commands or which acts as
a proxy for shell access via a web browser rather than the use of the embedded
SSH client in the control panel or the use of a standalone SSH client. Such
scripts will be deleted without notice when found. Continued use of such
scripts will be grounds for account termination.
Web proxy scripts are prohibited. This includes any script, such as
nph-proxy, that allows anyone to browse to a third party web site from any
server in the hostergy.com network or that otherwise masks the true
origination point of browsing activities by use of network information
associated with hostergy.com. Such scripts will be deleted when found.
Repeated violations will result in account suspension or termination.
The weblog software Greymatter is not permitted on any hostergy.com server. Filtering is performed on all servers to deny access to the scripts
Greymatter utilizes due to the resource issues created by those scripts.
Installations found will be noted to the account holder for removal and
transitioning to a new weblog software package.
Illegal or obscene content:
Use of any hostergy.com service to make any illegal or obscene content
available via transmission, storage, or display of such material is
prohibited. Accounts maintaining such content are subject to suspension or
termination without notice.
Intellectual property violations:
Any activity that infringes on copyrights, trademarks, service marks, patents,
software ownership, or trade secrets held by any third party entity is
prohibited. hostergy.com is required by law to remove or suspend accounts
that violate copyright held by third parties when notified that such
infringement exists. Accounts that continually engage in such violations are
subject to termination. Material that infringes on the privacy or rights of
others, or that otherwise represents a reasonable, credible threat, is
prohibited. Disputes between parties where clear legal decisions cannot be
determined by individual claims must be settled between those parties and
valid legal documentation must be provided for action related to content on
sites within the hostergy.com network. In no instance will hostergy.com be responsible for individual site material for which no authoritative
documentation has ben provided.
Other activities:
Any activity not defined above but judged by hostergy.com to be harmful to
other clients or general operations of the network will be addressed on a case
by case basis.
Account Policies and Cancellation
Cancellation requests must be made via email to billing@hostergy.com
or via the online ticketing system at https://secure.hostergy.com.
No other avenues of cancellation will be accepted. While no advance notice of
cancellation is required, all fees paid for service to the point of
cancellation are nonrefundable. Cancellations made within 30 days of beginning
service are subject to the hostergy.com 30-day guarantee, and will result
in a refund of fees paid. All fees paid for domain registration are
nonrefundable, without exception. All domain registrations are completed only
after payment is received.
Accounts are payable in full at the time of account creation. Accounts for
which payment by credit card is selected are subject to suspension if payment
cannot be processed at the time of account creation. If payment by check or
money order is selected, payment must be received within two (2) weeks of
account activation or the account will be suspended without notice. New
accounts that remain past due fifteen (15) days after account activation are
subject to termination without notice. Any account reaching fifteen (15) days
past due is subject to suspension for nonpayment. Such accounts are subject to
termination after thirty (30) days in a past due state. All invoicing and
payments are automatic and recurring based on the contract length specified by
the client at the time of account setup or by request after setup has been
completed. All invoices are due upon creation. Chargebacks issued for valid
hosting fees will result in immediate account termination, without prior
notice, and without exception.
Service and Reporting
hostergy.com reserves the right to refuse, cancel, or suspend service at
its discretion. All clients, direct or indirect via resold account and all
subnetworks and subsidiaries are subject to the terms of this AUP. Any
violations of the above policy may be made via email to abuse@hostergy.com
or via postal mail to:
Elite Concepts, Inc.
hostergy.com
623 Post Rd
Warwick, RI 02888
Indemnification and Governance
All customers agree to indemnify, defend, and hold harmless hostergy.com from any and all losses, expenses, liabilities, claims, attorney's fees,
damages, awards, judgments, or actions that may arise from the use of this
service other than as expressly authorized by the terms of this policy. hostergy.com
makes no warranties, expressly or implied, for this service.
This service is offered on an "as is" basis, and customers waive all
claims as noted above that may arise from the inability to use this service as
provided. The recourse available to customers should customers become
dissatisfied with this service, the terms of this service, or any policy,
practice, or guideline as set by hostergy.com will be limited to
discontinuation of service as denoted in the Account Policies and Cancellation
item above. This agreement is governed by the laws of the State of Rhode
Island and
the United States of America. Customers agree that all services provided by hostergy.com
are deemed to have been requested in and provided in Washington County,
Rhode Island, and that jurisdiction for any and all claims or disputes
shall reside there.
Copyright Information
This document and all portions of the hostergy.com web site, including
images, text, and scripts where ownership is not held by third parties are
copyright 2000-2010 hostergy.com, Inc. No portion of this site or the
content contained within may be reproduced in any form, or modified or
otherwise altered for use by any party without the express permission of Elite
Concepts, Inc. Under no circumstances may the Acceptable Use Policy or
Privacy
Policy be reproduced by any party for any reason. Violations of the
copyright held by Elite Concepts, Inc. on any material from this site may be
reported to abuse@hostergy.com.
