This Acceptable Use Policy specifies certain actions prohibited by HostIQ for users of the HostIQ Network. HostIQ reserves the right to modify this Policy at any time to stay in compliance with any laws, regulations and security requirements. By using HostIQ services, any customer, employee or third party unconditionally accepts the terms of this policy.
The HostIQ Network may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation coming to or from any unauthorized network or system is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property rights used without proper authorization; government and military data protected by law and national security; university and academic data protected by public policy; and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Any violation of the above which compromises the integrity of the HostIQ Network or any other network is strictly prohibited.
NETWORK AND MACHINE RESOURCES.
HostIQ reserves the right to monitor and allocate network and machine resources. IP addresses are allocated per server and virtual server specifications. CGI resources are allocated one per domain (a virtual host is required for each cgi-bin and is considered a virtual host). HostIQ reserves the right to discontinue any script which may cause excessive server load.
SYSTEM AND NETWORK SECURITY.
Violations of system or network security are prohibited, and may result in criminal and civil liability. HostIQ will investigate incidents involving such violations and may involve and cooperate with law enforcement authorities if a criminal violation is suspected. HostIQ respects the privacy of customer data and vigilantly protects that data and ALL customers who host with HostIQ. If any violation of the law or this AUP is suspected, HostIQ reserves the right to investigate. Use of the HostIQ network constitutes consent to monitoring. Examples of unlawful acts, system, or network security violations include, without limitation, the following:
Unauthorized access to or use of data, systems or networks, including any attempt to probe, damage, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network. Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.
Unauthorized access to any data, system, or network from an unauthorized system or network for any purpose which is not lawful or which is intended to do harm.
Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting. Electronic forging of any kind to include but not limited to IP addresses, domains, business names, etc.
Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site owner.
Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting, also known as "SPAM") is expressly prohibited.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF AN HostIQ CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.
If you are hosting a bulk email site on HostIQ servers and you use another ISP to SPAM from in order to reference your HostIQ site by IP address or domain name, you are violating HostIQ policy and possibly the law.
If you have been granted telnet access to HostIQ servers, multiple telnet log-ons are strictly prohibited and you must come from a valid IP address. Forgery is against the law.
Any type of denial of service attack from valid or invalid addresses is a violation of HostIQ security policy and against the law.
If you have been granted password privileges for FTP or telnet, sharing your password with an unauthorized user or third party is strictly prohibited.
Complaints regarding email abuse should be sent to abuse@HostIQ.com
Complaints regarding USENET abuse or SPAM should be sent to abuse@HostIQ.com
The Digital Millennium Copyright Act provides limitations for service provider liability relating to material online with regard to information residing, at the discretion of the user, on a system or network that the service provider controls or operates. 17. U.S. 512(c). The designated agents for notification of claimed infringement are:
For other legal issues or concerns email: legal@HostIQ
HostIQ will also not tolerate any adult material or spamming and both infringements shall result in immediate termination and removal of the site and/or virtual server without a refund. HostIQ prides itself as a responsible member of the Internet community and is committed to protecting the data of and providing quality service to all HostIQ customers all of the time.
INTERACTION WITH HostIQ STAFF.
Any threat, vulgar language or harrasment directed at any HostIQ staff member through phone or email may result in immediate termination of an account. Any violation of this policy by any employee, contractor or third party programmer of HostIQ should be reported immediately.
THIS AGREEMENT is made and entered between HostIQ, located in North Bend, Washington and the Customer, who wishes to use the services of HostIQ in accordance with HostIQ's policies and standard application located on the World Wide Web at http://www.hostiq.com
NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the parties hereto agree as follows:
1. SERVICE DESCRIPTION: As a World Wide Web service provider, HostIQ provides Internet web hosting, ecommerce, and associated services and maintains a network of dedicated server computers, routers, hubs, switches, other equipment and software (collectively, the "Network") which is integrated with the Internet. This Network sends and receives data and information in relationship to the World Wide Web. Customer wishes to connect to the World Wide Web utilizing the hardware and software resources of HostIQ to establish an Internet web presence using HostIQ's Network.
2. CONDITIONS: The application and this Agreement constitute a legal and binding contract between HostIQ and the Customer and does not extend to any other person or entity. Customer may resell to third parties but is responsible for third party activities and content, and is bound by the terms under this Agreement. Cancellations after the application is received and webspace is set-up will still hold the Customer responsible for costs incurred by HostIQ concerning the set-up of the web space. All cancellations must be IAW HostIQ's billing policies located on-line at <http://www.hostiq.com>. All cancellations shall be in writing and delivered via postal mail, facsimile or direct voice contact to the accounts receivable department of HostIQ with electronic confirmation.
3. WARRANTIES: With respect to the services to be provided herein, the Customer acknowledges that HostIQ makes absolutely no warranties whatsoever, express or implied. As a result, the Customer agrees that HostIQ shall not be liable to the Customer for any claims, damages or loss of profit which may be suffered by the Customer or any other entity in any respect for direct, indirect, consequential, actual, or punitive damages arising out of or in relation to the services provided herein, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions.
4. INFORMATION: The utilization of any data or information received by the Customer from the utilization of the service to be provided by HostIQ is at the Customer's sole and absolute risk. HostIQ specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.
5. DOMAIN NAME: If HostIQ shall acquire an Internet Domain Name on behalf of the Customer, then in such case the Customer hereby waives any and all claims which it may have against HostIQ, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by HostIQ for any reason.
6. PAYMENT: The set-up fee and first three months payment is due at the time the on-line application and Agreement are filled out, and electronically returned to HostIQ. Subsequent payments are due according to the selected fee schedule following the establishment of the web space or service on the Internet. The Customer shall authorize HostIQ to bill a pre-arranged Credit Card for Web space and services automatically on a quarterly basis. Subsequent payments are due and automaticlly billed on the quarterly aniversary date of the start of the contract. In the event that the Customer fails to pay for such services in advance, HostIQ shall be entitled to unilaterally terminate this Agreement and discontinue the service until payment is made.
7. UNILATERAL SERVICE REVOCATION: In the event that HostIQ may at any time believe that the service is being utilized for unlawful purposes by the Customer or in contravention with the terms and provisions herewith, HostIQ may immediately discontinue such service to the Customer without liability. This will include failure to pay, adult content and/or unsolicited email.
8. INDEMNIFICATION: The Customer shall indemnify and hold harmless HostIQ from any and all loss, cost, expense, and damage on account of any and all manner of claims, demands, actions, suits, proceedings, judgements, costs and expenses that may be initiated against HostIQ and HostIQ's officers, directors, and employees for any service provided to Customer by HostIQ to include web space content that violates any copyright, proprietary right of any person, state and federal regulations, or contains any matter that is libelous or scandalous.
9. CHANGES IN TERMS OF AGREEMENT: HostIQ reserves the right to make changes to the terms and conditions of this Agreement at any time, and to the on-line application to include service pricing, advising of the change and the effective date thereof, but with changes in service fees being effective only at the end of any period for which the Customer has prepaid. Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s).
10. ENTIRE AGREEMENT AND UNDERSTANDING: This instrument and the application for web space and services constitute the entire agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter of this Agreement.
11. RELATIONSHIP: The parties hereto are independent entities and nothing contained in this Agreement shall be construed to constitute Customer an agent, employee, partner, independent contractor, joint venturer, or any other similar entity.
12. GOVERNING LAW: This Agreement shall be governed by the laws of the State of Washington in the United States of America. Each party agrees that jurisdiction and venue for any and all claims, disputes or other matters arising out of the services provided herein and under this Agreement will only lie in King County, Washington. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement and services provided herein, the prevailing party in such action shall be entitled to all reasonable costs to include attorney fees.
13. SEVERABILITY: In the event that any term or provision of this Agreement is held by a court of competent jurisdiction to be illegal, unenforceable or invalid in whole or in part for any reason, the remaining provisions of this Agreement shall remain in full force and effect.
14. CONFIDENTIALITY: Customer acknowledges that any information not generally known by or disclosed to the public to include but not limited to computer programs, source code, algorithms and inventions are the property of HostIQ and may not be utilized or released without the express written permission of HostIQ.
15. INTERPRETATION: The format, words and phrases used herein shall have the meaning generally understood in the Telecommunicatons/Software/Internet Industries. This Agreement shall be construed in accordance with its fair meaning and not against the drafting party.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this Agreement for the person or entity herein named as a party hereto. By filling out the on-line application directly or by placing an order telephonically, Customer agrees to all the terms and conditions of this Agreement.
HostIQ does not necessarily endorse, support, sanction, encourage, verify or agree with the content, comments, opinions or statements hosted by HostIQ customers, banner exchange participants, advertisers, vendors or partners. Information, products, and services offered, sold or placed online belong to the respective companies or individuals who place them there and are not representative of HostIQ. The user understands that HostIQ is not responsible for the content, quality or merchantability of any information, product or service offered herein and the user must assume full responsibility to evaluate independently the accuracy, completeness, quality and usefulness of any information or other content.
HostIQ hereby expressly disclaims any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, merchantability or fitness for a particular purpose by any vendor, customer, or associate offering information, products, and services through HostIQ's web site, linked to HostIQ's web site, or hosting with HostIQ. The user agrees that HostIQ is not responsible, and shall have no liability to such user, with respect to any information, product or service offered by others who are linked to the HostIQ web site or hosted on HostIQ servers. HostIQ shall not be liable for any damages allegedly sustained arising out of use of the information, products and services. HostIQ's only liability in the event of errors shall be the correction or removal of the erroneous information after verification.