Acceptable Use Policy / Terms of Service

WebHostSource's services may only be used for lawful purposes. Transmission of any material in violation of International, Federal or State regulation is prohibited. This includes but is not limited to: material legally judged to be threatening or obscene, or material protected by trade secret laws.

If you are found in violation of the WebHostSource Hosting Acceptable Use Policy and Terms of Use, your account will be terminated without notice and you will forfeit all of the moneys that have been paid to WebHostSource.

Examples of content that is not acceptable on WebHostSource Servers: "Pirated software" or "Warez", "Hacker programs and/or archives", "IRC Bots", "Gambling Related","Copyrighted Mp3's".

You specifically agree to indemnify and hold WebHostSource harmless from any claims resulting from a breach of these terms, and/or their use of the service, which damages another.

Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

Adult Sites
WE DO NOT HOST ADULT SITES.

Adult Content or links to Adult Content are not permitted on WebHostSource servers.

Spam
SPAM in any shape or form is NOT permitted and is grounds for immediate account termination. Mailing lists via a mailing list manager are acceptable as long as the list are OPT-IN list that people have signed up for. Spam complaints from other users will not be tolerated.

IRC and Chat Rooms
Internet Relay Chat (IRC) traffic is not permitted on our servers in any of its many forms including, but not limited to: bots and IRC servers. Chat rooms may be allowed on per use basis, so please ask one of our support staff before setting one up. (Some cgi/perl based chat rooms over utilize the server processor.)

Web Site Hosting And E-mail
Maintaining an Open E-mail Relay
Allowing E-mail to be sent through Customer's system by a third party (i.e. neither to nor from Customer or Customer's accounts).

Fraud
Using a false identity; using pyramid/ponzi scheme; storage or transmission of any intentionally incorrect data or packet.

Virus, Worm, or Trojan horse program distribution
The deliberate transmission of computer viruses, worms or trojan software.

Denial of Service
Using any technique to intentionally degrade or disable the delivery of any legitimate data.

Glutting of servers
Oversized storage of any files that would be unreasonably large (ie. having hundreds of JPGS that are 400kbs in size, or making a zip file filled with text files just to pad the size) you may also not have any single file that is over 25 megabytes in size. Again your webspace is not for data back up. It is only for hosting real sites.

CPU Usage
Sites may not use extreme unwarranted CPU usage. This includes usage of "heavy" scripts or Flash/shockwave files. By heavy we mean oversized with out cause. To the point where most users would be unable to view them in a reasonable amount of time. No single site may consume 30% of CPU usage for a sustained period of time.

File repository /Dump Sites
Customer may not use disk space as a file repository, or dump site. This includes but is not limited too; warez, serialz, sound files, applications, zip files.

Free E-mail / Hosting Sites
We do not permit the free giving of POP E-mail accounts or the issuing of free hosting. This includes near free
(1 penny per year for instance)

Name Parking
Customer may not use account to park domains. You MUST have an actual website to go with each of your domain names.

We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.

You shall effect and maintain adequate insurance coverage in respect of any loss or damage to data stored on the Server.

You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorize or permit any other person to do so.

You shall not post, link to or transmit: (a) Any material, which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way. (b) Any material containing a virus or other hostile computer program. (c) Any material which constitutes, or encourages the commission of, a criminal offense or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.

You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information.

You shall observe the procedures, which we may from time to time prescribe and shall make no use of the Server, which is detrimental to our other customers.

You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and a secure manner.

In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.

Any access to other networks connected to WebHostSource must comply with the rules appropriate for those other networks.

While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of E-mail or for any other failure of E-mail.

Intellectual Property Rights
you shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name.

Service Availability
We shall use our reasonable endeavors to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or downtime of the Server.

We shall have the right to suspend the Services at any time and for any reason without notice, but if such suspension lasts or is to last for more than 30 days you will be notified of the reason.

The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one login session under any one account may be used at any time by you. User programs may be run only during login sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.

Termination
Without in any way limiting our (WebHostSource) rights.

If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.

If you break any of these terms and conditions, we may terminate this Agreement forthwith upon written notice.

If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this Agreement forthwith without notice to you.

On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit. Accounts may be canceled by the user with a 7 day notice. WebHostSource reserves the right to cancel any account with or without notice.

Legal
WebHostSource expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate WebHostSource policy. Finally, WebHostSource wishes to emphasize that in signing the service agreement, subscribers indemnify WebHostSource for any violation of the service agreement, law, or WebHostSource policy, that results in loss to WebHostSource or the bringing of any claim against WebHostSource by any third-party. This means that if WebHostSource is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against WebHostSource, plus costs and reasonable attorneys' fees.

Limitation Of Liability
All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded.

Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services, which are the subject of any such claim.

In any event no claim shall be brought unless you have notified us of the claim within 6 months of it arising.

In no event shall we ever be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

Notices
Any notice to be given by either party to the other may be sent by either E-mail, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by E-mail shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.

Payment
All payments must be in US Dollars. If your check is returned by the bank as unpaid for any reason, you will be liable for a "returned check" charge of UDS $30.00.

All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision.

Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.

Your Billing is based on the date that you signed up with us. (ex. If you joined us on January 1, 2003 Your Credit Card will be charge on the 1rst of every month)

Headings
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

Entire Agreement
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation, which has not been made expressly in this Agreement. Misuse Of Resources Including but not limited to employing applications, which consume excessive CPU time. Chat/IRC, web proxy and mailing list scripts are not allowed on our network under any circumstances. Streaming media can be a drain on web server resources and as such is not allowed. CGI based message forums which use flat file databases are often found to use excessive system resources, to avoid disappointment please use a PHP/ASP message forum.

If you are unsure about content you intend to place on our network, please check with us before you do. We reserve the right to determine what constitutes acceptable use. We may amend these terms of service with or without notice.

web site © 2003 by Web Host Source, web site design © 2003 by Lone Star Design.