| Webhosting best 1
(www.webhostingbest1.com) provides web hosting to
clients worldwide, and we have a responsibility to
protect each client and to provide the best services
available. All clients of Webhosting best 1, Inc.
are subject to the following terms of service
The Services We Provide
In exchange for the fees you pay in advance, we will
host your website on one or more of our servers, so
long as you abide by the terms and conditions that
are set out on this page, and in any other
agreements that relate to the services we may
provide to you. We will provide the services
according to the specifications listed for the
hosting package you select during the signup
process. For clarity, on this page, the term
"Services" refers to the web hosting and other
services that we will provide to you and, if you are
an Affiliate, the services we provide to you in
connection with that program. The terms “You” ,
“customer” or “User” means you, the customer and any
other user of our services; the terms "Web Hosting
Best 1" or "us" or "we" refers to Web Hosting Best
1.
Permission to Host Your Content
For us to host your website, it is necessary for you
to upload a copy of your content to our servers
(while always one or more back-up copies for
yourself). When you do this uploading, you are
creating one or more copies of your content, Web
site, web files and other data on our system (your
“User Content”). By purchasing hosting or other
services from us, you acknowledge that these copies
are being made, and give us the permission (a
license) to maintain these copies and make them
available to users of the Internet. You are solely
responsible for providing all of the content and
other data that make up your website, and for
keeping back-up copies of those items. Please note
that even though you upload a copy of your content
to our servers, you must always retain a back-up
copy of your content, data bases and other
web-files, as in effect from time to time, so you
can reload them in the event of any technical
issues, such as server problems, technical or system
related issues, loss of that content from our
servers, etc
Personal Information
We take your privacy very seriously, and as such,
will not sell your personal information to third
party (other than a company that may purchase Web
Hosting Best 1), and will take reasonable steps to
keep it from being disclosed to any third party. The
order process is protected by a Secure Socket Layer
(SSL) connection. All of the data entered on
protected pages is encrypted using the 128 Bit SSL
(Secure Socket Layer) protocol and transmitted to
the recipient via a secure connection. The data can
only be read once it is received. Safe shopping is
guaranteed
Backups
We will make every attempt to retain nightly
backups, which are available only for a short period
in event of server failure. However, as with any
data storage systems, backups can fail. We encourage
you to perform your own backups on a periodic basis
or sign up for our daily backup service.
Because the Services permit Users to electronically
transmit or upload content directly to the User Web
site, User shall be fully responsible for uploading
all content to the User Web site and supplementing,
modifying and updating the User Web site, including
all back-ups.
Any file over 40MB in size will not be backed up
onto our backup servers and in the event of server
failure, will not be recoverable.
Web Hosting Best 1 shall not be responsible for any
damages to the User Content, the User Web site or
other damages or any malfunctions or service
interruptions caused by any failure of the User
Content or any aspect of the User Web site.
User is solely responsible for making back-up copies
of the User Web site and User Content.
Web Hosting Best 1 does not maintain backup copies
of any user content or materials, including without
limitation any User Web sites, data bases, web
files, or e-mail or other user data or information,
or other content or materials. Web Hosting Best 1
cannot guarantee that the contents of a Web site
will never be deleted or corrupted, or that a
back-up of a Web site will always be available.
Users should always keep up-to-date copies of all
such materials and content to a local computer and
Web Hosting Best 1 strongly suggest that Users
regularly make additional copies (on tape, CD,
multiple floppies, another desktop, or elsewhere) to
ensure the availability of such files, content or
materials. .
Acceptable Use/Illegal Activity
Web Hosting Best 1 strives to maintain a high-level
of service, and a lot of customers depend on our
high standards of quality. As such, we will not
provide services to those that are using our
services for:
Hacking, which includes, for example penetrating or
attempting to access, without authorization, another
computer or network. Port scans, stealth scans, and
fraudulent credit card "phishing" techniques are
also prohibited.
Hosting of files or other data that infringes on
another's copyright or other intellectual property
rights.
Spamming, or sending of bulk unsolicited email. We
maintain a strict policy on spamming, which includes
the sending of unauthorized commercial messages by
use of our services, or by maintaining an open SMTP
connection. We reserve the right to refuse or
terminate service based on reasonable indications
that you are engaged in spamming of any sort.
Uploading or linking to any content that violates
another's right of publicity or privacy.
Distributing hate speech, or any other content that
is obscene, abusing, which could be considered
libelous and defamatory.
Hosting, storing, or distributing child pornography.
If any such content is found and brought to our
attention, the proper law enforcement agencies will
be notified.
Hosting large amounts of data not specifically tied
("linked") to your hosting account. Web Hosting Best
1 encourages users looking for file storage/backup
solutions to seek other services that specialize in
this.
Hosting any material that, in our judgment, could be
considered adult content, threatening, illegal, or
violates our terms of service in any manner.
Content
All services provided by Web Hosting Best 1 may only
be used for lawful purposes.
The customer agrees to indemnify and hold harmless
Web Hosting Best 1 from any claims resulting from
the use of our services.
Use of our services to infringe upon any copyright
or trademark is prohibited. This includes but is not
limited to unauthorized copying of music, books,
photographs, or any other copyrighted work. The
offer of sale of any counterfeit merchandise of a
trademark holder will result in the immediate
termination of your account. If you believe that
your copyright or trademark is being infringed upon,
please email info [at] webhostingbest1.com with the
information required.
Examples of unacceptable material on all Shared
servers include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated
Software / Warez, image, filedump, mirror, or
banner-ad services (similar to rapidshare,
photobucket, or commercial banner ad rotation),
affiliate servers, topsites, commercial audio
streaming (more than one or two streams), Escrow,
High-Yield Interest Programs (HYIP) or related
sites, Investment sites (FOREX, egold exchange),
sale of any controlled substance without prior proof
of appropriate permit(s), AutoSurf sites, Bank
Debentures, Bank Debenture Trading Programs, Prime
Banks Programs, lottery sites, muds / rpg's, hate
sites, hacker focused sites/archives/programs, or
sites promoting illegal activities, IP Scanners,
Brute Force Programs, Mail Bombers and Spam Scripts.
Forums and or websites that distribute or link to
warez content are prohibited.
Offering video and/or audio streaming or downloads,
MP3 Files, Games and shareware is also not permitted
on any Web Hosting Best 1 server.
Using a shared account as a backup/storage device is
not permitted, with the exception of one cPanel
backup of the same account.
Examples of unacceptable material on dedicated
servers include:
Pirated Software / Warez, Escrow, High-Yield
Interest Programs (HYIP) or related sites,
Investment sites (FOREX, egold exchange), sale of
any controlled substance without prior proof of
appropriate permit(s), AutoSurf sites, Bank
Debentures, Bank Debenture Trading Programs, Prime
Banks Programs, lottery sites, hate sites, hacker
focused sites/archives/programs, or sites promoting
illegal activities, IP Scanners, Brute Force
Programs, Mail Bombers and Spam Scripts. Forums and
or websites that distribute or link to warez content
are prohibited.
Web Hosting Best 1 services, including all related
equipment, networks and network devices are provided
only for authorized customer use. Web Hosting Best 1
does not monitor or prescreen content that customers
post on their websites. Further, Web Hosting Best 1
does not systematically monitor the content that is
submitted to, stored on or distributed or
disseminated by User via the Service (the "User
Content"). However, at our discretion from time to
time, systems usage may be monitored for all lawful
purposes, including ensuring that use is authorized
and in compliance with our terms and conditions and
standards, for management of the system, to
facilitate protection against unauthorized access,
and to verify security procedures, survivability and
operational security. During usage monitoring,
information may be examined, recorded, copied and
used for authorized purposes. Use of Web Hosting
Best 1 system(s) constitutes consent to such system
monitoring for these purposes.
However, any material that, in our judgment, could
be considered adult content, threatening, illegal,
or violates our terms of service in any manner may
be removed from our servers (or otherwise disabled),
with or without notice.
Failure to respond to email from our abuse
department within 48 hours may result in the
suspension or termination of your services. All
abuse issues must be dealt with via support
ticket/email and will have a response within 48
hours.
If in doubt regarding the acceptability of your site
or service, please contact us at abuse [at]
justhost.com and we will be happy to assist you.
Potential harm to minors is strictly forbidden,
including but not limited to child pornography or
content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking
to child pornography will be suspended immediately
without notice.
Resellers: we will suspend the site in question and
will notify you so you may terminate the account.
Failure to comply with our terms and conditions or
with any notice we send to you may result in the
immediate termination of your account.
Direct customers: Your services will be terminated
with or without notice.
Violations will be reported to the appropriate law
enforcement agency. It is your responsibility to
ensure that scripts/programs installed under your
account are secure and permissions of directories
are set properly, regardless of installation method.
When at all possible, set permissions on most
directories to 644 or as restrictive as possible.
Users are ultimately responsible for all actions
taken under their account. This includes the
compromise of credentials such as username and
password. It is required that you use a secure
password. If a weak password is used, your account
may be suspended until you agree to use a more
secure password. Audits may be done to prevent weak
passwords from being used. If an audit is performed,
and your password is found to be weak, we will
notify you and allow time for you to change/update
your password. All files over 10MB must be linked
from files within the same account and also
publically available through any domain name
attached to your account. Large files (files over
10MB) should not take up more than 40% of the data
on your hosting account.
Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of
unsolicited e-mail, bulk emailing, and spam. "Safe
lists" and "double opt-in" will be treated as spam.
Any user who sends out spam will have their account
terminated with or without notice. Sites advertised
via SPAM (Spamvertised) may not be hosted on our
servers. This provision includes, but is not limited
to SPAM sent via fax, email, instant messaging, or
usenet/newsgroups. No organization or entity listed
in the ROKSO may be hosted on our servers. Any
account which results in our IP space being
blacklisted will be immediately suspended and/or
terminated. Web Hosting Best 1 reserves the right to
require changes or disable as necessary any web
site, account, database, or other component that
does not comply with its established policies, or to
make any such modifications in an emergency at its
sole discretion. Web Hosting Best 1 reserves the
right in its discretion to charge the holder of the
account used to send any unsolicited e-mail a clean
up fee.
Unlimited Bandwidth, Disk Usage, Email and FTP
accounts and other Unlimited Resources.
Web Hosting Best 1 provides Users with bandwidth,
disk space and other resources, such as e-mail,
mysql databases, and/or file-transfer-protocol
("FTP") accounts, the amount of which is defined in
Web Hosting Best 1's web pages describing the
package of Services purchased at the time of
purchase. In some cases, Web Hosting Best 1 may not
establish a specific amount of bandwidth, disk space
and other resources, and refer to that as
"Unlimited". In all cases, the Services are intended
for normal use only, and any activity that results
in excessive usage that is inconsistent with normal
usage patterns is strictly prohibited. Web Hosting
Best 1 reserves the right to suspend, discontinue or
delete the accounts of Users whose use of disk
space, bandwidth or other resources results in or
presents the risk of degradation of service to other
customers, regardless of the amount of disk space,
bandwidth or other resources included in the User's
plan. User agrees that such usage shall not exceed
the amounts set by Web Hosting Best 1 for the
Services purchased (the "Agreed Usage") and is
additionally subject to normal usage guidelines
established by Web Hosting Best 1 as in effect from
time to time. These allotments are optimized and
dedicated towards serving the Content and User's
active electronic mail services related solely to
User's web hosting account(s) with Web Hosting Best
1.
Hosting space is intended for normal use only, and
is limited to Web files, active e-mail and content
of the hosted Web sites, not for storage (whether of
media, e-mails, or other data). Hosting space
further may not be used as offsite storage of
electronic files, electronic mail or FTP hosts. You
are responsible for removing any files, e-mails or
other data which do not meet these requirements, and
for adhering to any usage requirements or limits
allocated to your account(s). Failure to do so may
result in removal and deletion of such materials
(including without limitation files and e-mails),
and/or in discontinuation of your services or
account, which actions we may take in our sole
discretion.
Web Hosting Best 1 may monitor User's use of
bandwidth, disk usage and other resources. Web
Hosting Best 1, in its sole discretion, shall have
the right to take any corrective action if User's
utilization of bandwidth, disk usage or other
resources exceeds the Agreed Usage, or normal usage
by our typical shared hosting customer, resource
usage, or is used for other improper storage or
usage. Such corrective action may include the
assessment of additional charges, disconnection or
discontinuance of any and all Services, removal or
deletion of User's Web site, User Content, User's
electronic mail and e-mail services and/or other
materials and services or termination the User's
account and of this Agreement, which actions may be
taken in Web Hosting Best 1's sole and absolute
discretion.
Unlimited Domains
Unlimited domains refers to subdomains, parked
domains and add-on domains. In all cases (even those
described as “unlimited”), the Services are intended
for normal use only, and any activity that results
in excessive usage that is inconsistent with normal
usage patterns is strictly prohibited. Web Hosting
Best 1 reserves the right to suspend, discontinue or
delete the accounts of Users whose use of unlimited
subdomains, parked domains and add-on domains
results in or presents the risk of degradation of
service to other customers, regardless of the amount
of domains included in the User's plan. User agrees
that such usage shall not exceed the amounts set by
Web Hosting Best 1 for the Services purchased (the
"Agreed Usage") and is additionally subject to
normal usage guidelines established by Web Hosting
Best 1 as in effect from time to time. These
allotments are optimized and dedicated towards
serving the Content and User's active electronic
mail services related solely to User's web hosting
account(s) with Web Hosting Best 1.
If Web Hosting Best 1 takes any such corrective
action under this section, User shall not be
entitled to a refund or credit of any fees paid
prior to such action. User will comply with all
applicable laws, rules and regulations regarding
User's Web site, User Content and/or User's
electronic mail services, including use of
bandwidth, disk usage and other resources and will
use such services and resources only for lawful
purposes. User may not utilize: the Services to copy
material from third parties (including text,
graphics, music, videos or other copyrightable
material) without proper authorization; the Services
to misappropriate or infringe the patents,
copyrights, trademarks or other intellectual
property rights of any third party; the Services to
traffic in illegal drugs, gambling, adult content,
obscene materials or any other products or services
that are prohibited under applicable law; the
Services to export encryption software to points
outside the United States in violation of applicable
export control laws; the Services to forge or
misrepresent message headers, whether in whole or in
part, to mask the originator of the message. If Web
Hosting Best 1 learns or discovers that User is
violating any law related to User's Web site, User
Content and/or User's electronic mail services, use
of bandwidth, disk usage or other resources or
Agreed Usage, Web Hosting Best 1 may be obligated to
or may in its discretion inform the necessary law
enforcement and/or any related agency (ies) of such
conduct and may provide such agency(ies) with
information related to User, User's Web site, User
Content and/or User's electronic mail.
User is responsible for complying with any usage
requirements or limits for bandwidth, disk space or
other resources, and monitoring such usage to ensure
the Web site does not violate such requirements or
exceed normal usage limits, Agreed Usage, or other
limits allocated for the account(s) and otherwise
complies with this Agreement. Web Hosting Best 1
will use commercially reasonable efforts to e-mail
Users who are at or near their utilization limits,
but Web Hosting Best 1 does not take responsibility
if e-mail notification(s) is not received by the
User. Web Hosting Best 1 reserves the right to
discontinue service through the beginning of the
next month for your account in the event that it
exceeds the any such allotment.
Resource Usage
User may not:
Use 25% or more of system resources for longer than
90 seconds. There are numerous activities that could
cause such problems; these include: CGI scripts,
FTP, PHP, HTTP, etc.
Run stand-alone, unattended server-side processes at
any point in time on the server. This includes any
and all daemons, such as IRCD.
Run any type of web spider or indexer (including
Google Cash / AdSpy) on shared servers.
Run any software that interfaces with an IRC
(Internet Relay Chat) network.
Run any bit torrent application, tracker, or client.
You may link to legal torrents off-site, but may not
host or store them on our shared servers.
Participate in any file-sharing/peer-to-peer
activities
Run any gaming servers such as counter-strike,
half-life, battlefield1942, etc
Run cron entries with intervals of less than 15
minutes
When using PHP include functions for including a
local file, include the local file rather than the
URL. Instead of include("http://yourdomain.com/include.php")
use include("include.php")
While our shared services are suitable for the bulk
of our customers, there comes a time for some
websites when they are better suited for a larger
plan, which allows for more dedicated CPU and memory
resources. We reserve the right, in our sole
discretion, to discontinue service to any customer
with a website or other hosted data that takes up
more than 10% of the server resources and/or 10% of
the server's CPU. This means that if your website is
found to be utilizing more than 10% of the CPU and
memory of the service, we reserve the right to take
your site offline. If this becomes necessary, you
can either upgrade your hosting package, or request
a pro-rated refund of the amounts you have paid in
advance for the services. Due to the severity of
this, and our ability to act quickly to correct
these situations to avoid server issues, we will do
everything reasonably feasible to provide you with a
warning prior to taking your site offline, but we
accept no obligation to do so.
INODES
The use of more than 50,000 inodes on any shared
account may potentially result in suspension.
Accounts found to be exceeding the 50,000 inode
limit will automatically be removed from our backup
system to avoid overusage. Every file (a webpage,
image file, email, etc) on your account uses up 1
inode. Sites that slightly exceed our inode limits
are unlikely to be suspended; however, accounts that
constantly create and delete large numbers of files
on a regular basis, have hundreds of thousands of
files, or cause file system damage may be flagged
for review and/or suspension. Over time, tens of
thousands of messages (or more) build up, eventually
pushing the account past our inode limit. To disable
your default mailbox, login to cPanel and choose
"Mail", then "Default Address", "Set Default
Address", and then type in: :fail: No such user here
When the Services Will be Available
We will attempt to provide the services 24 hours a
day, 7 days a week for as long as you have paid for
them. Sometimes, however, for a number of reasons,
the services may be unavailable to you. You must
recognize and acknowledge that due to the nature of
web hosting technology, occasional unavailability of
the services cannot be avoided. Sometimes there are
equipment malfunctions. At other times we undertake
periodic maintenance procedures or repairs. Still
other times, there are causes beyond our control
like power failures, interruption or failure of
telecommunication or digital transmission links,
hostile network attacks, network traffic and other
occurrences. We have not promised to provide you
with uninterrupted service.
Guarantee
As we explain in this paragraph, we offer you an
Anytime Money-Back Guarantee on all shared hosting
plans. Upon cancellation of your account, you may
request a refund for the remainder (un-used portion)
of your term, excluding any setup fees that were
charged when you signed up, excluding domain
registration fees. (Even if you received your domain
for free through one of our promotional plans). If
you want you can exchange your refund with another
our software www.helpsofts.net
. If you request and get any additional free
offering, you can’t refund.
All refunds are subject to a $27.00 domain
registration fee charge & Admin Charge; however upon
payment of such charge you will have the opportunity
to continue to register and renew registration of
your domain name after cancellation of your account.
NOTE: If you sign up in GBP pounds sterling then the
domain registration fee is £14.95 and will not be
refunded. To cancel your account and then request a
refund, email info@webhostingbest1.com. He/She has
to pay the admin fee & registration fee 27$ as you
are no more willing to use our services so all free
support for which you were entitiled will be no more
free so he/she has to pay expenses. No Refund will
be issued if you will found in violation of our
terms and conditions...
Please note: Any account upgrades to hosting
services such as additional domain registration,
Priority Support, Web Hosting Best 1 Directory,
Daily Backup, Dedicated IP, Domain Privacy, Private
SSL certificates, Search Engine Submission, Platinum
Upgrade, Visitors 2 You and Shell Access are
non-refundable. In addition, we do not offer refunds
on dedicated server plans as they are month to month
and there are no contracts involved. Web Hosting
Best 1 also reserves the right to cancel your
account with 72 hours notice should an event occur
in which proper evidence exists that a customer was
exceptionally rude or vulgar in communications with
our staff.
Late Payments:
All accounts are billed according to the dates they
were first activated on. If you will not pay for
service renew in 5 days after deactivation, your
account will be suspended. If you will not pay for
service renew in 30 days after deactivation, your
account will be terminated. You will receive an
email reminder 5 days till deactivation.
Disclaimer of Warranties
You may have noticed that up to this point these
terms of service have been kind of easy to read and
understand. But our lawyers tell us that this
section, dealing in the disclaimer of warranties,
has to retain its legalese style. Sorry about that.
Web Hosting Best 1 EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVICES
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
Web Hosting Best 1 MAKES NO WARRANTY THAT ITS
SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Web
Hosting Best 1 DOES NOT WARRANT, NOR MAKE ANY
REPRESENTATIONS REGARDING THE USE, OR RESULTS OF,
ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Some jurisdictions do not allow the disclaimer of
implied warranties, in which event that foregoing
disclaimer may not apply to you.
Limitation of Liability
Here is another section that has to retain its
legalese. Simply stated, what this section is saying
is that if something goes wrong, Web Hosting Best 1
cannot be held liable for it. IN NO EVENT SHALL Web
Hosting Best 1 BE LIABLE TO YOU OR ANY OTHER PERSON
FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING
LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER
SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT,
TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES,
EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS
AGREEMENT OR ITS INCORPORATED AGREEMENTS AND
POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR
SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE,
EVEN IF Web Hosting Best 1 HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. Some states may not
allow such a broad exclusion or limitation on
liability for damages as contained in these terms of
services. In those states, our liability is limited
to the full extent permitted by law. You agree that
in no event shall our maximum aggregate liability
exceed the total amount paid by you for a 3-month
period for the services in dispute purchased from
us, or, in the event of liability of Web Hosting
Best 1 due to your enrollment in the affiliate
program.
Indemnification Policy
You agree to use all Web Hosting Best 1, Inc.
services and facilities at your own risk. Web
Hosting Best 1, Inc. specifically disclaims all
warranties of merchantability and fitness for a
particular purpose. In no event shall
webhostingbest1.com be liable for any loss, or loss
of data, or other commercial damage, including but
not limited to special, incidental, consequential or
other damages. Customer agrees that it shall defend,
indemnify, save and hold Web Hosting Best 1, Inc.
harmless from any and all demands, liabilities,
losses, costs and claims, including reasonable
attorney’s fees asserted against Web Hosting Best 1,
Inc., 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, it’s agents, employees
or assigns. Customer agrees to defend, indemnify and
hold harmless and unhold unnecessary behavior
against liabilities arising out. Webhostingbest1
reserves the right to intervene with any of the
sites hosted on its servers in the interest of its
customers
Acceptable Use Policy:
All services provided by Web Hosting Best 1, Inc.
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 harmless Web
Hosting Best 1, Inc. and its employees from any
claims resulting from the use of the service which
damages the subscriber or any other party. Our
acceptable use policy is actively and strictly
enforced. Offending content or users are suspended
from our network, usually as soon as they are
discovered, although we will always inform you when
and why any action has been taken. Pornography is
prohibited on all Web Hosting Best 1, Inc. servers
This includes sites that include sexually explicit
or hardcore images and/or advertising. We do not
have a problem with sites of an adult nature, but we
do not allow pornographic sites. If you think your
site may violate our Terms Of Service, please ask us
before signing up for an account so that we may
determine if we can host your site. Web Hosting Best
1, Inc. reserves the right to determine what is and
what isn't acceptable for our servers.
Subscriber acknowledges that the service provided is
of such a nature that service can be interrupted for
many reasons other than the negligence of the
company and that damages resulting from any
interruption of service are difficult to ascertain.
Therefore, subscriber agrees that the company shall
not be liable for any damages arising from such
causes beyond the direct and exclusive control of
the company. Subscriber further acknowledges that
the company's liability for its own negligence may
not in any event exceed an amount equivalent to
charges payable by subscriber for services during
the period damages occurred. In no event shall the
company be liable for any special or consequential
damages, loss or injury.
Illegality In any form, including but not limited to
the unauthorized distribution or copying of
copyrighted software or other data, harassment,
fraud, trafficking in obscene material. Undesirable
Content Certain types of content are not allowed on
our network. We do not host adult content of any
description. Content relating to Hacking, Cracking,
Warez and IRC is not allowed. Software, audio and
video downloads may only be hosted if you are the
writer and copyright owner of the resources or you
have a right to distribute the materials. Accounts
suspended due to content or AUP violation are not
refunded under any circumstances.
CGI Scripts:
Each account comes with its own cgi-bin. You are
free to use any CGI scripts you wish, however we
reserve the right to disable any CGI script that
effects normal server operation without prior
warning.
Banned Scripts:
The following scripts are banned from use on our
servers and may not be uploaded or run. Reasons for
banning them include adverse effects on server load,
invitations to hackers/spammers/criminal activity,
etc.
IRC egg drops,Proxy servers,ail bombers,Anonymous
mailers,IP spoofers,Port scanners,Hivemail,Telnet or
SSH Access Scripts ,nph-proxy (and other scripts
what operates like proxy),UBB (Ultimate Bulletin
Board, all versions),lstmrge.cgi
phpShell ,FormMail.cgi, FormMail.pl from Matt's
Script Archive are not allowed.
Background Running Programs:
Background daemons in general are prohibited, we
will consider requests on a one on one basis. If
allowed extra charges will be assessed based on
resources on system maintenance needed.
Commercial Advertising - Email:
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. SPAM /illegal content
advertising sites on 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.
In addition, we will impose a $15 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.
Server Abuse: Any attempts to undermine or cause
harm to a server is strictly prohibited.
LIMITATION OF LIABILITY:
Web Hosting Best 1, Inc. shall not be responsible
for any claimed damages, including incidental and
consequential damages, which may arise from Web
Hosting Best 1, Inc. servers going off-line or being
unavailable for any reason whatsoever. Furthermore,
Web Hosting Best 1, Inc. shall not be responsible
for any claimed damages, including incidental or
consequential damages, resulting from the corruption
or deletion of any web site from one of Web Hosting
Best 1, Inc. servers. All damages shall be limited
to the immediate termination of service. Violations
of these Acceptable Uses Policies should be referred
to info@webhostingbest1.com. All complaints will be
investigated promptly.
Customer hereby grants to Web Hosting Best 1, Inc. a
non-exclusive, royalty-free, worldwide right and
license during the Term to do the following to the
extent necessary in the performance of Services
under the Order : (a) digitize, convert, install,
upload, select, order, arrange, compile, combine,
synchronize, use, reproduce, store, process,
retrieve, transmit, distribute, publish, publicly
display, publicly perform and hyperlink the Customer
Content; and (b) make archival or back-up copies of
the Customer Content and the Customer Web site.
Except for the rights expressly granted above, Web
Hosting Best 1, Inc. is not acquiring any right,
title or interest in or to the Customer Content, all
of which shall remain solely with Customer.
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