HostGD™ (A Trading name of Globalised Data Group™) will be known as “The Provider”, ”We” or “Our” during this statement and the Customer/Visitor will be known as “You” or “Your”.

Rights to Change & Modify
The Provider reserves the right to Change or Modify the Terms of Service and Acceptable Use Policy at any time, Within our best efforts we will attempt to inform all clients of any chances, It is not the companies responsibility if the client fails to keep upto date by reading our Terms Of Service from the Company Website.

Your Right to Service
The provider has the right to terminate all and any account not in full guidance of the below outlined regulations. These are in place to ensure a safe and clean environment for our clients and there visitors/users.  We hold the right to terminate any service of Yours if these regulations are not strictly followed.

Our service is intended for Legal reasons only Transmission, storage, or presentation of any information, data, or material in violation of any United States Federal, State, or City law is prohibited.

Restriction of Content
Examples of content deemed unacceptable in our network include, but are not limited to:

·         Copyrighted media, Without authority to distribute or display

·         Unlicensed Applications (Downloads or Nulled Scripts included).

·         Cracking, Hacking or Key Generating Applications.

·         Child Pornography or Kidnapping materials.

·         Fraudulent activity such as phishing, pyramid schemes, chain letters, forgery or impersonation.

·         Terrorist propaganda, Racist material or Bomb/Weapon Instructions/Demonstrations

·         Material protected by Trade secret or other statute.

Additionally We strictly prohibit:

·         IRC and Related Applications such as Psybnc, “Bots” etc...

·         Scripts commonly used for abuse, attacks, flooding or mail bombing.

·         Threatening, Harassment or Obscene content will not be tolerated.

·         Any proxies which do not require authentication (Including open mail proxies, unprotected anonymous web surfing proxies etc...)

Legal adult content is permitted on all of our products. The viewing/Downloading or possession of such information/data by you is not governed by the providers policy and is at your own discretion/free-will,  and maybe governed by your local state/federal government.

Links to unacceptable content as defined above and not limited to those above are also prohibited.

Online Activity
Any attempts to undermine or cause harm to the providers equipment, network, operations or clients services is strictly prohibited, The provider and sub-contracted providers will pursue legal action to the fullest extent for all abuse/violation of such.

Any activity deemed damaging or abusive, whether unlawful or considered to be detrimental to the day to day running of the providers services is prohibited, This includes and is not limited to:

·         Denial of Service Attacks (DOS/DDOS)

·         Unnecessary Port Scanning

·         Mail Bombing

·         Unsolicited Advertising via IM, Forums, Newsgroups, Email etc...

Bulk/Mass Email Policy
We understand that bulk email is an important mechanism for keeping people informed, However spamming (Unsolicited advertising) from our Network or Spamvertising (Unsolicited advertising of) sites hosted/stored on our network is strictly prohibited.

Legitimate bulk email meets the following criteria:

1.     The recipient has confirmed his willingness to be added to the distribution list of the mailing, by responding to a verification email or otherwise verifiably confirming permission. (Evidence of such must be retained and available by request.)
 

2.     Messages include: Valid headers, removal instructions and information on the method by which the subscribed address was obtained.

All bulk/mass email senders must post privacy policies in association with the sending domains. Co-Registration is not prohibited, but the explanations of the sharing of information must be both publicly available and included in the confirmation mechanism for list subscription.

If the provider approaches a client for evidence of confirmation this request must be honoured within 24 Hours.

Additionally, if such actions have caused mail servers or IP address ranges on the providers network to become blacklisted we reserve the right to impose a $100 USD charge to the clients account. This fee is set to cover the administrative costs associated with removal from such lists.

Please make an effort to limit outgoing mail on your account to no more than 1000 Individual mails per hour, Large mailings are preferred to be sent from the hours of 12AM to 8AM EST.

Violation of Policies
The provider reserves the right at any time to audit systems for any data/activity showing potential policy violations.

Warnings,
The Abuse department makes an attempt to contact the client via email, When the first sign of a possible violation is noted, These alerts are a courtesy. Responses to such alerts are required. If an alert is received from any of the providers staff members the client is responsible for acknowledging his/her understanding and citing any action planned or taken within 24 hours of notice. Failure to-do so may lead to suspension. Repeated failure to do so may result in termination.

Note,
It is extremely important to ensure that the email address on record (In the Client Area)  is valid, This is the address used for all notifications and warnings.

Suspension / Deactivation
If any terms or conditions are failed to be followed the client risks service suspension or termination, The provider reserves the right to remove any account without prior notice where deemed necessary. If the provider deactivates an account for violating company policies the client will forfeit any rights to refunds, No refunds for advance payments will be granted for deactivated accounts.

Reactivation
If a service is suspended the client will be required to pay a reactivation fee of $50.00 USD, and When applicable to cover any administrative costs associated with the offense/violation. These are determined by the provider.

Unauthorized Usage
In any case involving unauthorized parties utilizing any service of the providers for abuse/violations, the client is responsible for all action taken, Including stopping all affected applications until the source of the problem is found and corrected. The provider may opt and reserves the right to disable all services/connections until the client can perform such an investigation. If the providers technical support department are required for such an investigation, the client agrees to compensate the provider at a rate of $75.00usd/Per Hour (During EST Business Hours) and $99.00usd/Per Hour (Outside EST Business Hours) .

In general the client is responsible for maintaining a secure system. This includes but is not limited to:

·         Requesting Kernel Updates

·         Applying application Patches.

Additionally the provider will not be responsible for securing third-party applications.

The client is expected to monitor his/her systems & Services Resource usage and should be maintained within the level outlined in the service contract (Package Signup). Abuse caused by end-users or unauthorized parties may increase resource usage and it should be noted that overage fees may apply.

Certain clients, Such as those with fully managed support services may be entitled to a higher level of support than those clients with only basic or no management support. The above unauthorized usage responsibilities may differ for such clients.

Resource Usage
The provider will be the sole monitoring party as to what resource is used and what constitutes as a violation of resource usage limitations.

Bandwidth, Overage fees will apply to any service utilizing more than it’s assigned bandwidth allocation except for those services advertised/sold as “Unmetered”. Overages will be calculated based on an overall amount of Gigabytes (GB) transferred in a monthly period, Services sold by MBPS, will be calculated via the industry standard 95% method, Unless specified in contract otherwise. MRTG or other Bandwidth reporting is available upon request for all services. The client is responsible for all usage and any corresponding overage fees that result from a service that may be hacked and/or flooding. The provider may require a deposit should a client utilize/require large amounts of bandwidth beyond their standard bandwidth allocation.

Port Usage, Basic Dedicated services are installed on 100mbps unthrottled ports, Unless service is sold as a specified port size (i.e. 10mbps Unmetered) or Specified/Requested as a capped port. The provider reserves the right to monitor the network usage and if a service significantly exceeds average usage, to throttle the available speed to conserve network resources and to prevent any large billing anomalies. The will generally not include short spikes in usage but will include and not limited to, Sustained Transfers of Significantly larger than average amounts of bandwidth. If at any time the clients data transfer rate affects other clients The provider reserves the right to throttle and/or disconnect the service causing such a problem.

Filtering, The provider reserves the right to block/filter or throttle ports and/or IP Address ranges at its discretion. This may include for example blocking port 6667 (IRC), Denying access from a known spamming IP Address range or limiting the speed of point-to-point file-sharing programs (Kazaa, Limewire etc). This may also include giving priority to certain traffic types such as Voice-Over-IP (VOIP) Phone call transmissions.

Unmetered, Services advertised/sold as “Unmetered” will not be subject to bandwidth overage fees/ Bandwidth is supplied from a shared pool and is not supplied as guaranteed or dedicated bandwidth. Burstable usage of the Unmetered Service/Port is permitted however a service that has heavy sustained usage may have their port capped or be asked to upgrade to a dedicated servoce plan, Unmetered service is supplied on a “best-effort” basis, Which may result in some slowdowns during peak traffic times.

Virtual Private Servers(VPS), In order to maintain the integrity of our services, VPS Services that utilize heavy amounts of system resources may be required to be upgraded, or The provider may relocate your site/service to a different server. This may include your IP Address(es) being changes. This is to reduce loads on servers for clients with lower resource requirements.

Idle Timeouts, Network Wide
The Provider may disconnect any idle connection to the network, Average timeouts are:
FTP: 300 Seconds
Dual-UP/VPN: 10-15 minutes
Telnet/SSH: 2 Hours

Abusive Clients & Visitors
The provider may at its discretion suspend or terminate service of any client that is abusive/harassing to Our company, Our Employee’s or Clients of Our company. Examples of such activity include but are not limited to:

·         Verbal abuse – Cursing, Yelling, Threatening etc...

·         Ongoing disregard for warnings or notices.

·         Consistent mistakes/errors or changes causing unnecessary workload.

·         Spamming The providers Email Addresses, Ticketing systems or Other services.

·         Continuous involvements in flood/DDOS activity, Hacked Services or other ongoing non-permitted usage.

·         Consistent late payments or responses.

·         Issuing a chargeback or bouncing a payment (Additional Charges may incur see below).

·         Continuous activation of problematic end-users.

·         Activity which affects the services of other clients of the Provider.

Chargeback’s & Bounced Payments
The provider reserves the right to impose a onetime fee of $50.00usd Transaction reversal charge to the clients account and $25.00usd for each transaction thereafter in any seven day interval. After Seven days the primary fee of $50.00usd Will be added again.

Contractual Agreement
By signing up to the services provided you are herby signed into a digital contract with the provider, This contract is on a month to month basis. Any charges set by the provider or unpaid invoices are required to be paid before any client account is set to Inactive or Closed. If a client doesn’t follow correct cancellation procedures the account will be suspended. Payments will be requested for up to 30 Days, After which time the clients account in its entirety will be passed to a Financial collections agency of our choice in the clients local area. Any bill outstanding over the amount of $1,000usd Will be pursued by the provider, These will then be dealt with via the correct legal proceedings.