Unauthorized use of other people's accounts or computers

Host Maker 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 Host Maker customer, whether or not the attacked account or computer belongs to Host Maker, 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.

Commercial Advertisements Within E-mail and Spamware

Unsolicited commercial advertisements are not allowed in e-mail, and 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. Using "instant message software" such as ICQ, AIM, Yahoo Messenger or anything similar to send spam messages are treated identically to email spam and will result in similar action taken against the sender.

Sending a message, especially an advertisement, to more than five or six 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.

Upon your first Spam offense your account will be terminated and a maintenance fee of $200 will be billed to your payment method used upon sign up. This is due to the enormous amount of time it takes to serve spamming victims. If customer paid by credit card, they agree to pay this fee as part of the AUP.

Sites that provide or sell email address lists, offer software or services to acquire e-mail addresses or market to email addresses by any means other than confirmed opt-in methods, e.g., harvesting addresses from web pages, newsgroup articles, and online directories, or mining addresses using "dictionary attacks" or automated processes for the purpose of deriving e-mail addresses without the knowledge and consent of the owners of those e-mail addresses will be terminated without issuing a refund.

Adult Oriented Websites

We do not allow adult oriented websites on our servers due to the fact that they are resource intensive. We do not feel it is fair to our other customers to allow sites that inhibit their performance. We reserve the right to terminate any adult sites that are found on our servers without refund.

Use of Disk Space, Server Space and Bandwidth

Your disk space and account use is for your own use only. You may not resell or give away disk space, webspace, email accounts or any part of your hosting package to any third party unless you signed on for reseller account. Please set your mail software to delete your mail from the server. This will speed up your mail retrieval and will help you avoid excess disk space charges. Mailboxes can quickly grow and consume your disk space allowance if you do not delete your mail from the server. The combined disk space used by databases, email and website files should not go above 50 Mb.It is the user's responsibility to ensure they are within their limit at all times.

MP3s or computer software is not allowed to be stored on the servers unless you personally own the copyright to the music or software. Software may be stored if the software is freely distributable, which includes freeware, shareware, open source, GNU licensed software and others with similar licenses which allow for free distribution. MP3s may be stored if they are freely distributable or have no copyright. In both cases, the software or MP3s stored must be in use by or linked to on your website for visitors to access.

Warez (Pirated software), key generators, serial numbers, cracking, hacking, phreaking tools, copyrighted works (Unless you own the copyright) and other similar software and information is prohibited. Accounts found to be storing these files will be terminated and no refund issued.

File backups and restore

Although Host Maker does back up data daily, it is the users responsibility
to back up all files. Host Maker's automatic back up system is designed to
restore entire file systems in the event of complete disk loss. It is not,
however, designed to restore individual user's files. At no time will we
be liable for lost data, and if asked to restore files for an individual
customer outside of a complete file system failure, we may charge up to
$150/hr for the service. Customers who use CGI scripts to maintain
file-based databases should take precautions to ensure that data is not
lost in the event of a shortage of disk space (including over quota
errors), reboots or killed processes. At no time shall Host Maker be liable
in the event a customer CGI application fails to take proper precautions
and truncates user data, even in the event of a reboot or shortage of diskspace.

Maintaining Current Contact And Billing Information

Making sure all your contact information we have on file is current and correct is very important. Billing statements, as well as official notices regarding service, will be sent via email to the address provided by you. Failure to keep this information current may result in you missing critical system notifications or not receiving notice of billing issues with your account. It is your responsibility to maintain correct, updated contact information. The information provided will not be sold, loaned, given away or made available to anyone. The only exception to this is if you have asked us to register a domain name for you; certain information is required by the registrar for registration.

Maintaining a current and valid credit card on file is required. This credit card will only be used to pay for invoices relating to your account, including disk space and bandwidth overages as well as any extra add-ons that you order. Failure to maintain an updated creditcard could result in your account interruption. You can update your creditcard online at https://hostmaker.com/mb/modernbill

Acceptable Resource Usage

Host Maker makes every reasonable attempt to provide an environment suitable for use by its customers for the purpose of an on-line presence, including sufficient bandwidth and CPU resources. Bandwidth and CPU resources are on an open and "first come first serve" basis whereby bandwidth and CPU resources are allocated in order of who requests them first. In this environment, it is possible for a user to consume more than their share of CPU resources and/or bandwidth and therefore impede the performance of the network and servers as a whole, adversely limiting the resources available to other users. Host Maker closely monitors the performance of its systems and network. If at any time Host Maker deems that a user is imposing an unreasonable load on a server or the network (such as an inordinate number of CGI processes), Host Maker may, at its sole discretion, take any action it deems necessary to correct the problem and free up resources for other users, including but not limited to killing processes or shutting down service for an offending user without notice. Processes should not exceed 2% CPU utilization sustained, and peak at no more than 6% for less than 10 seconds. The number of processes run per day should not exceed 2880, which is one process every 30 seconds. Cronjobs should be limited to running no more than once per hour. Emails sent through our servers should not exceed 1440 per day.

Security is the responsibility of the user. You are responsible for any and all scripts running under your account, as well as all files stored within it. It is important to ensure that scripts are free from exploits and are as secure as possible. Running an insecure script will result in that script being disabled or deleted, and may result in account suspension or termination depending on severity of the violation. It is recommend to check for updates to scripts you are running at least once per 90 days.

Some specific examples of processes and sites that are not allowed are FFA links scripts and sites, webproxies/cache, BNC, IRC and chat scripts, bots, anonymous emailers, daemons of any kind, spiders or web crawling robots, portal sites (Yahoo like sites), Top 10/50/100 sites, distributed computing clients (Like Seti@Home), network monitoring/probing scripts and denial of service (DoS) attack scripts. Standard formmail is also not allowed due to the ease at which people can use it to send SPAM through. We recommend that you use the formmail we provide in your control panel. Any unspecified script that is not used for tasks that directly pertain to the maintenance, publishing and operation of your web site are not allowed. Violations of this policy will result in account termination.

Lawful Purpose

Host Maker reserves the right to refuse service to anyone. Customers may only use Host Maker'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, material protected by trade secrets, child pornography and satanic materials. Host Maker expressly forbids anyone from using Host Maker's servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way the above, or any other material which we deem to be objectionable. The designation of any materials as such described above is left entirely to the discretion of Host Maker's management.

Host Maker's services are intended for the end user only. Customers cannot sublease, subhost, or give away control of any portion of Host Maker's resources. Doing so could result in immediate account cancellation. Host Maker offers a reseller's program.

Your password is considered private and is not to be given out to any third party outside your organization.

We make our servers as secure as possible. Final security of your account is your responsibility. You are responsible for all content and files stored, uploaded and downloaded within your account, as well as the operation of all scripts you have installed.

Payment Policies

All accounts are set up on a pre-pay basis. All pricing is guaranteed for the term of pre-payment. Host Maker reserves the right to change prices at any time. Payment is due each anniversary month or period following the date the account was established. If you signed up for a quarterly, bi-yearly or yearly account, you will continue to be automatically billed and renewed until you fill out a cancellation request form.

Customers who provide a credit card specifically grant us authorization to automatically charge that card for any and all hosting and incidental fees pertaining to that account until the account is cancelled or the account is switched to check payment. Customers may choose check, paypal or credit card payment but not both. If you do not want us to automatically charge your creditcard you must pre-pay via check only. Any user-requested manual creditcard transaction will be assessed a per-transaction processing fee of $10.00.

If for any reason the card does not clear with the bank within 15 days of the original invoice date, the account is subject to suspension. If payment has not been received within 30 days of the original invoice date then the account will be terminated and all files removed from the servers.

The customer is responsible for all money owed on the account from the time it was established to the time that the customer properly submits a cancellation request form. Phone or normal e-mail requests will not constitute acceptance of any cancellation.

All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. Please ensure that we always have a correct and valid email address on file to send these notices to.

Checks returned unpaid (NSF) or creditcard paying accounts issuing a charge back will be assessed a $25 charge. If you are a check paying customer, invoices will be sent to you via e-mail. Invoices are payable immediately upon receipt, however, we allow up to 30 days for payment to arrive. In the event we do not receive payment for an invoice within 30 days of the date of the invoice, we may apply late fees, terminate your service for non-payment, or both.

In the event that your account is deactivated for non-payment, a $25 reactivation fee will be applied upon reactivation of your account. If you signed up to billed monthly or quarterly, you will now be required to pay for one full year of hosting, plus any past due balance before your website is re-activated.

Credits on an account are applied to any new invoice that is generated. If the amount of credit is greater than the invoice, the balance will remain as a credit until the next invoice is posted and the credit is applied to it. Credits are to be used only to pay for services and are not a refundable item.

The standard compounded monthly late fee is $7.50, or 10% of the overdue amount, which ever is greater. All payments are to be made in U.S. currency.

Cancellations and Refunds

Customers can cancel service any time. The customers account comes with our 30 day money-back guarantee which is only valid for the initial billing period. If you are not satisfied with our service within the first 30 days of opening an account and you submit a cancellation request form, you will be give a full refund of hosting fee paid with the exception of domain name registration, web design and any other extra services such as extra disk space and extra bandwidth use. The domain name that we registered for you is yours to use for 1 full year; you may host it wherever you wish. If you need this domain name renewed, we can renew it for you at our standard renewal rate. Simply contact us and ask us to renew it when you receive a notice from us.

If you wish to cancel your account, you may do so by filling out the cancellation request form. Your account will be automatically renewed unless a cancellation form is submitted at least seven (7) days prior to the renewal date. The cancellation request form is the only method we accept to cancel your account. Phone or normal e-mail requests will not constitute acceptance of any cancellation.

All monthly service fees paid in advance of cancellation will be pro-rated and refunded by Host Maker as long as the refund amount due is greater than $5. Customers, who sign up via their own 3rd party referral link, such as through affiliate, will receive a pro-rated refund minus the referral fee they received. If cancellation is caused by the customer's violation of our policies, then no refund will be given. Cancellation requests should not be submitted more than 30 days in advance.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Host Maker harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Host Maker, 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 Host Maker against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Host Maker'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 Host Maker's server.

Disclaimer

Host Maker will not be responsible for any damages your business may suffer for any reason, including negligence on our part. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Host Maker and its employees. Host Maker makes no warranties of any kind, expressed or implied about the services we provide. Host Maker specifically disclaims all warranties of merchantability and fitness for a particular purpose.