By ordering a web site hosting account from Hostwork International, you agree to be bound by the terms of this service agreement.
Minimum duration of hosting:
The minimum duration for our hosting service is 30 days. You are free to move your site to another location at any time. During any paid term, your storage space and access will be maintained regardless of where your domain name is pointing to.
If you pay with a credit card:
After the initial payment expires, the monthly fee will be charged to your credit card automatically each month, until we receive a notice of cancellation. A transaction receipt will be emailed to the email address we have on file.
If you pay with paypal, checks, or money orders:
We'll email you an invoice 15 to 30 days before payment is due.
If no payment has been received by the end of the period covered by your last month deposit, the accounts will be terminated automatically unless prior arrangements have been made with us.
Always contact us if for any reason you cannot pay on time. This will prevent misunderstandings and account termination.
When an account is being terminated, all files including web pages, images, databases and emails, are deleted permanently.
We require a 30 day notice on cancellations. Upon notification, any automated credit card billing will be discontinued. At the end of the 30 days, any balance on prepaid hosting fees will be refunded to your credit card, paypal account or by check if you paid with a check or money order.
You may notify us either by regular mail, using the customer login interface, or by email in which case you should request a delivery confirmation.
You are entitled to a full refund if we fail to setup your account within 48 hours of:
a) your credit card payment
b) receiving of your money order/cash
c) clearing your check with its bank.
You are entitled to a prorated refund if we become unable to provide you with the service, except for temporary delays caused by normal system maintenance.
Unlawful use of service:
All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold us harmless from any claims resulting from the use of the service which damages the subscriber or any other party.
Note: Pornography, nudity and sex-related merchandising are prohibited on all servers. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. In addition any site selling or promoting Bulk email services or software is not allowed. Examples of non-acceptable content or links: Pirated software, Crackers programs or archives, Warez Sites, IRC Bots, MP3 distribution points. We will be the sole arbiter as to what constitutes a violation of this provision. In case of doubt, please ask first.
Due to the unique resource characteristics and traffic patterns associated with certain types of sites, the following are limited to 3 gigs of free traffic: Subhosting - any domain housing additional users, Shareware, sound, video, image and multimedia archives, Mirror sites, Distribution points, Any site whose primary purpose is file distribution.
Each account comes with its own cgi-bin. You are free to install your own CGI scripts, however we reserve the right to disable any CGI script that effects normal server operation.
We do not allow clients to install their own chat rooms. These tend to be large system hogs and we cannot allow it as an account option. The Java chatroom we provide can be installed from the control panel and will more than fill your needs, without hindering the performance of the machine for others.
Background Running Programs:
We may allow programs to run continually in the background or on a schedule using cron jobs. These are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
We do not allow IRC or IRC bots to be operated on our servers.
Unsolicited Commercial Email (UCE) a.k.a. Spam:
Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. Advertising sites with spam pointing to other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain.
Spamming is a Federal offense. The fine is $10,000.00 per day. Headers forgery and unauthorized use of SMTP servers is a felony.
Additionally, California State laws prohibit the transmission of spam from and to California. It is a misdemeanor with a fine of $50.00 per email, up to $25,000.00 per day.
In addition, we impose a $500 penalty for each spam policy violation. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund.
Any attempts to undermine or cause harm to a server is strictly prohibited.
Refusal of Service:
We reserve the right to refuse or cancel service at our sole discretion. If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation.
HOSTWORK INTERNATIONAL DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HOSTWORK INTERNATIONAL IS NOT LIABLE FOR ANY ALLEGED LOSSES ASSOCIATED WITH SERVICE OUTAGES FOR ANY REASON, MISUSE, TERMINATION OF THIS AGREEMENT, CHANGE OF LEGAL STATUS, NETWORK OUTAGES, SYSTEM OUTAGES, USER-SPECIFIC PROBLEMS OR CUSTOMER ERRORS.
EXCLUSION OF CONSEQUENTIAL DAMAGE:
HOSTWORK INTERNATIONAL IS NOT LIABLE (WHETHER IN CONTRACT OR BASED ON WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE) IN CONNECTION WITH OR RESULTING FROM THIS AGREEMENT OR ANY OF THE CONTEMPLATED LINKS, SERVICES, ACTIVITIES OR RELATIONSHIPS FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, PUNITIVE OR SPECIAL DAMAGES. THIS SECTION WILL SURVIVE FAILURE OF THE LIMITED WARRANTY LISTED ABOVE OR ANY OTHER LIMITED OR EXCLUSIVE REMEDY.
LIMIT ON DIRECT DAMAGES:
HOSTWORK INTERNATIONAL IS NOT LIABLE (WHETHER IN CONTRACT OR BASED ON WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE) IN AN AGGREGATE AMOUNT THAT IS IN EXCESS OF THE UNUSED (PRORATED) AMOUNT PAID FOR SERVICE.
CUSTOMER WILL INDEMNIFY AND HOLD HOSTWORK INTERNATIONAL, ITS LICENSORS, PARTNERS, RELATED AND AFFILIATED COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS, COSTS, DAMAGES, LOSSES, LIABILITIES, AND EXPENSE (INCLUDING ATTORNEY’S FEES AND COSTS) ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICE OR BREACH OF THIS AGREEMENT AND ANY AND ALL ACTIVITIES BY CUSTOMER.
HOSTWORK INTERNATIONAL IS NOT LIABLE TO CUSTOMER BY REASON OF ANY FAILURE OR DELAY IN THE PERFORMANCE OF ITS OBLIGATIONS HEREUNDER ON ACCOUNT OF STRIKES, SHORTAGES, RIOTS, INSURRECTION, FIRES, FLOOD, STORM, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTION, LABOR CONDITIONS, EARTHQUAKES, INTERRUPTIONS IN TELECOMMUNICATIONS SERVICES OR INTERNET ACCESS.