Hostess Web Hosting provides World Wide Web page hosting and e-mail services on the Internet. Hostess Web Hosting has certain legal and ethical responsibilities regarding the use of its computer network and equipment involved in these services.
Hostess Web Hosting's general policy is to act as a neutral provider of access to the global Internet. Hostess Web Hosting has specific ethical concerns regarding the use of its computers detailed below. Hostess Web Hosting reserves the right to suspend or cancel a customer's access to any or all services provided by Hostess Web Hosting when Hostess Web Hosting decides that the account has been inappropriately used.
Hostess Web Hosting will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "social engineering" (tricking other people into releasing their passwords), password cracking, security hole scanning etc.
Any unauthorized use of accounts or computers by a Hostess Web Hosting customer, whether or not the attacked account or computer belongs to Hostess Web Hosting, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, according to the seriousness of the attack.
"Spamming"
Hostess Web Hosting customers are prohibited from sending unsolicited e-mail. Sending unsolicited e-mail will likely result in account suspension or cancellation.
Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.
Sending a message, especially an advertisement, to more than five recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium.
Abuse of Traffic and Storage
Hostess Web Hosting customers are offered high traffic and storage limits for their web sites. The intention of Hostess Web Hosting is to provide a large space to serve web documents, not an offsite storage area for electronic files. All web pages (html) must be 'linked' with all files (.gif, .jpeg, .exe, etc.) stored on Hostess Web Hosting's server. Web sites that are found to contain no html documents or a number of unlinked files are subject to warning, suspension or cancellation at the discretion of Hostess Web Hosting management.
Hostess Web Hosting will not host music, video, or software archive sites that violate any copyright laws in any file format. Any sites that are found to contain this content will be warned, suspended or canceled at the discretion of Hostess Web Hosting management.
Cancellation
Hostess Web Hosting anticipates that its costs for providing services under this Agreement will increase annually. Accordingly, Hostess Web Hosting reserves the right to increase its fees annually. Hostess Web Hosting will provide you with at least thirty (30) days prior notice of fee increases.
Services must be paid for in advance. For service orders not paid for the full year in advance, billing will occur quarterly in advance from the date of the establishment of the account with Hostess Web Hosting. In the event either party terminates this agreement prior to the end of any one-year term, fees paid in advance will be reimbursed on a pro rata basis. Services not paid for in advance shall not be provided. Accordingly, Hostess Web Hosting expressly reserves the right to remove a Web Site from its servers for failure to pay fees. You expressly agree that Hostess Web Hosting is not required to provide notice of payment default or notice of discontinuance of service for failure to pay fees under this agreement.
Lawful Purpose
Hostess Web Hosting reserves the right to refuse service to anyone. Customers may only use Hostess Web Hosting's server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. Hostess Web Hosting expressly forbids anyone from using Hostess Web Hosting's servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, hate materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of Hostess Web Hosting management.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold Hostess Web Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Hostess Web Hosting, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Hostess Web Hosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Hostess Web Hosting's server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Hostess Web Hosting's server.
Disclaimer
Hostess Web Hosting will not be responsible for any damages your business may suffer. Hostess Web Hosting makes no warranties of any kind, expressed or implied for services we provide. Hostess Web Hosting disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Hostess Web Hosting and its employees. Hostess Web Hosting reserves the right to revise its policies at any time.