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1.
Content. All services provided by Host The Best
may only be used for lawful purposes only. This includes, but
is not limited to: copyrighted material, material we judge to
be threatening or obscene, pornography or material protected
by trade secret and other statute. Customer agrees to indemnify
and hold harmless Host The Best from any claims resulting
from the use of the service that damages the subscriber or any
other party.
Examples of unacceptable content or links:
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Hack
Programs and archives
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Games
Site
- Shoutcast Script (SHOUTcast
Server)
Host
The Best will act as the sole
arbiter as to what constitutes a violation
of these conditions. Host The Best
will fully co-operate with the law
enforcement in dealing with unlawful
activities performed on our network.
2. Price change. Host The
Best reserve the right to change
the price of any services at any time.
Contract pricing customers will not
be affected by any price change throughout
the contract period.
3. Hardware Maintenance. Host
The Best is responsible for Hardware
failure in our VPS/dedicated server. We
will replace your malfunctioning hardware
as soon as possible. Custom hardware
replacement may take longer to replace.
4. Customer/Technical Support.
We encourage you to contact our technical
support team through email or ticket
system. Phone
support is no longer support doing
to abuse use.
5. CGI Script. You have full
access to cgi bin. However, we reserve
the right to audit the content of
your script to ensure no hacking or
any kind of security issues are compromised
that may cause harm to Host The
Best Network.
6. Back-up. As the servers
are connected to the Internet constantly,
the content in the servers are exposed
to hacker’s attacks, viruses and other
adverse effects. For these and many
other reasons customer may loose the
whole content of his/her server's).
We back-up our servers on a daily
basis. Host The Best will not
be liable for lost data even if backups
were created.
7. Bandwidth/Traffic Usage.
All plans have a set allotment of
Bandwidth available for use. Any bandwidth
usage that is over the the limit of
the monthly allotment will be charged
according to the terms that is set
forth in the order form. Unused bandwidth
may not be carried over to the following
month.
8. Email Spamming. Email Spamming
and mail bombing is strictly prohibited.
Any customer who use their e-mail
for spamming will have their account
terminated immediately. All fees and
prepaid services will not be refunded.
Host The Best, will act as
the sole arbiter as to what constitutes
a violation of this condition.
9. Server Abuse. Any customers
found to abuse our servers will have
their account immediately suspended.
Any account that excessively uses
the server resources may be temporarily
stopped in order to provide optimal
server resources for other users.
If an account is found to be affecting
server performance at a continued
duration of time, it may be disabled.
We recommend moving such sites to
a dedicated hosting solution.
10. Uptime. Host The Best
does not guarantee 100% uptime. We
will do everything we can to provide
the best uptime within our capabilities.
Customers are thus advised that their
service may be down (cease functioning)
for many reasons. We highly recommend
that customers purchase our complex
hosting solution if they have critical
applications that cannot tolerate
any down-time. Host The Best
does not guarantee minimal downtime,
nor will be responsible for any damages/losses
caused by the server being down.
11. Network Security. Violation
of Network System such as, but not
limited to unauthorized access, trying
to breach the network security is
prohibited. Anytime a security breach
is detected, the involved Server will
be immediately shut down. and our
technicians will immediately investigate
the situation.
12. Billing information updates.
Customers are responsible for updating
their information. That is, billing
info, address change, credit card
change, etc.
13. Recurring Billing. We will
only send out invoices and monthly
statements by request. A small fee
might apply for monthly invoice. We
will send e-mail when we have successfully
billed your credit card. All credit
cards are billed automatically every
month. If for any reason your credit
card charges are denied, we will notify
you of the denied charges. It is the
customer’s duty to ensure that their
credit card information is up-to-date
and it good standing. Any accounts
that is past due after 10 days will
be deactivated
14. Fees. Customer agrees to
pay according to what has been ordered
via order form submission.
15. Payments. All fees are
due in advance. We will not activate
any account that is not yet paid in
advance. Customer support fees are
billed on an hourly rate and should
be prepaid.
16. Payment Methods. Host
The Best accepts Visa,
MasterCard or PayPal (Preferred).
17. Cancellation. If for any
reason you are not satisfied with
Host The Best's service, you
may cancel your account at anytime
by emailing to billing{at}hostthebest.net
There is no reimbursement and no pro-rate
if customer decides to terminate services
before the end of a prepaid term,
regardless of the reason for the termination.
Host The Best can terminate
this agreement at the end of a billing
period. Host The Best will
not refund the setup fee for the cancellation
of any account. Cancellation of contract
payments are subject to one month
fee of contract agreement.
18. Refusal of Service. We
reserve the right to refuse, cancel,
or suspend service at our sole discretion.
19. Resellers. This Acceptable
Usage Policy binds all resellers as
well as their CLIENTS. Resellers should
not make policy or any kind of agreement
for their clients that would contradict
to our policy.
20. Reseller relationship to Host
The Best. All resellers are independent
contractors that has no tie with Host
The Best. No relationship other
than to allow reseller to sell Host
The Best service is intended.
21. Indemnification. Customer
agrees that customer shall not hold
Host The Best liable of any
claims, liabilities, losses, costs,
damages, expenses, including attorneys'
fees and court costs that arise from
any judgments directly or indirectly
created by the services of Host
The Best to the customer.
22. Limited Liability. Host
The Best shall not be liable under
any circumstances for any damages
the customer’s business may suffer
for any reason, even if Host The
Best has been advised of the possibility
of such damages. If a problem occurs
that is within Host The Best's
control, we will issue credits based
on the length of downtime according
to the customer’s service plan. As
the Internet is unpredictable, customers
are aware that Network availability
is not guaranteed to be 100%. Host
The Best shall not be liable for
any claims resulting from the corruption
or deletion, of any website or data
in Host The Best's servers.
23. Excused Performances. Host
The Best shall not be responsible
for any delay resulting directly or
indirectly from natural disaster such
as fire, shortages of facilities,
acts of civil or military authority,
catastrophes, or any other circumstances
beyond Host The Best’s reasonable
control. In case this happens, the
customer will have to make arrangements
with Host The Best to defer
services to a mutually agreed date
and time.
24. Complaints. All complaints
will be investigated promptly. In
the case that an account is being
investigated, Host The Best
reserves the right to suspend, restrict
or terminate the account (s) in question.
We will deactivate customer’s account
(s) if Host The Best's policies
are not followed.
Please report violations to: abuse{at}hostthebest.net
25. Policy change. Host
The Best reserve the right to
make changes to our Acceptable Usage
Policy at any time without any notification.
Changes to our Acceptable Usage Policy
takes effect immediately upon being
posted on our website.
26. Entire Agreement. This
Agreement supersedes all prior and
current, oral or written understandings
and agreements between Host The
Best and the customer involved.
Any prior statements that are not
written in this agreement, even if
they are promised orally or written
are deemed void. Customers hereby
acknowledge and will abide by all
the rules set forth in this agreement.
*Termination/terminate: To fully discontinue
all service (s)
27.
Instant Messenger Support. Host
The Best Instant Messenger is
not means to get support. If you do
not get an immediate response from
our HTBIM, you also have the option
to go to the Forums or to the Support
Ticket and post your request/question.
28.
Transfer Files.
If you decide to cancel the services
of Host The Best and move to
another hosting company, Host The
Best is NOT
responsible for transferring your
client to the other company you have
moved to. Once you have cancelled
our services, you have 24 to retrieve,
backup, or transfer your data. After
24 hours, Host The Best is
not responsible for the data and will
be deleted.
29.
Third-Party Dealings. Host
The Best will only have professional
business dealings with the person
that initiated the services. We will
NOT
deal with any third-party through
you. That is, we will not deal with
anyone else apart from you the primary
owner of the service you have subscribed
to from Host The Best.
30.
Checking for Updates. You are
responsible for checking Host The
Best forums form time to time
for any updates that we might post
regarding updates, news, and procedures,
etc. You are also responsible for
updating your email addresses at the
Forums or at Billing Systems. If Host
The Best does not have your current
email addresses then you will receive
our email notifications.
31. Resellers who are hosted
by Host The Best cannot go to my
other Reseller members and join on
the same server as the Reseller
members.
32.
Special Work. If Host The Best
performs any special work (out of
the normal contract) for you (like
Transfer Account, etc.), please
be advised that you are responsible
for verifying that the work is accurate
and complete
(They will be a Fee).
33. We reserve the right to
immediately suspend any member's
accounts or removed from the forum
if indecent or inappropriate
language is used to address our
staff.
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