Acceptable Use Policy / Terms of Service

I. Mission Statement

A. Hunt Hosting, LLC provides Internet World Wide Web page hosting. Hunt Hosting, LLC has certain legal and ethical responsibilities regarding the use of its servers and equipment involved in these services.

B. Hunt Hosting, LLC's general policy is to act as a provider of Internet presence. Hunt Hosting, LLC has specific ethical concerns regarding the use of its computers as detailed below.

C. Hunt Hosting, LLC guarantees to respond to any and all e-mails regarding any problem you have with our service no later than 48 hours after said e-mail is sent. This guarantee does not apply to lost deliveries due to outside network problems.

II. 99.9% Uptime Guarantee

A. Service Level - Hunt Hosting, LLC endeavors to have the content of your web site available for http access by any part in the world 99.9% of the time.

B. Coverage - This 99.9% uptime guarantee applies to any Hunt Hosting, LLC client in good financial standing with Hunt Hosting, LLC at the time of a service outage.

C. Credits

1. In the event that your web site is not available for more than 99.9% of the time, Hunt Hosting, LLC will give you a credit on the following month's service fee as follows:

a. For any shared hosting client, such credit shall be retroactive to the first day of the month in which the access was denied, and shall be as calculated below and as measured 24 hours a day in a calendar month, with the maximum credit not to exceed the monthly service charge for the affected month. Hunt Hosting, LLC offers this guarantee to every month-to-month customer.

b. Monthly Uptime Credit. 95% to 99.8% shall govern a 25% credit. 90% to 94.9%% shall govern a 50% credit. 89.9% or below shall govern a 100% credit.

2. In order for you to receive a credit on your account, you must request the credit within ten (10) days after you experienced the down time.

a. Your request must be made by sending an electronic mail message to billing@hunthosting.com.

3. Credits will be applied within ten (10) days of your credit request. As a courtesy to our month-to-month customers, an in-house credit to your account shall be your sole and exclusive remedy in the event of an outage.

D. Restrictions on Credits - Credits shall not be provided to you in the event that you have any outage resulting from the following:

1. Scheduled maintenance as posted from time to time at Hunt Hosting, LLC;

2. Your behavior or the performance or failure of your equipment, facilities or applications;

3. Circumstances beyond Hunt Hosting, LLC's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, delay in telecommunications or third party services including backbone provider, DNS propagation, domain name registration / transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site; or

4. A client breaking any item in this agreement causing a machine to fail as a result.

III. Miscellaneous Provisions

A. Acceptable Bandwidth Use and Unacceptable Overuse Clause

1. Bandwidth is a term used to describe the total traffic your web site and other services associated with the use of your website consume.

2. We do not monitor traffic until you surpass the specified amount with your package at the time of purchase in one months period of time.

3. You agree to pay Hunt Hosting, LLC this $10.00 per GIG fee for bandwidth overages and you understand this fee is not refundable under any circumstance.

4. WARNING - You also understand that usage statistics are not accurate enough for you to determine your own total bandwidth usage, as it does not include the following: e-mail transfer, httpd or ftp downloads from webpage, anonymous FTP downloads, CGI scripts, Real Audio, Real Video, Telnet, and SSH, as well as other items.

5. If you have any questions on this policy, contact us prior to signing up.

6. All customers who occur bandwidth overages will be e-mailed a receipt regarding the overages to the e-mail address provided upon sign up.

7. Client paying by credit card will be billed prior to invoice being sent.

8. Clients paying by credit card agree to accept charges for bandwidth overages.

B. Background Running Programs

1. We may allow programs to run continually in the background. 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.

2. You must notify Hunt Hosting, LLC prior to the installation of any background running programs. The final consent and total fee must be arranged.

C. New Domain Name Registration

1. The customer who registers for services is the legal owner of any domain name registered.

2. Hunt Hosting, LLC reserves the right to seize any domain name at any time for the following reasons:

a. Placing dispute with customer's credit card institution on any payment debited by Hunt Hosting, LLC; and

b. Violation of any provision of this service agreement.

D. Disk Storage

1. The intention of Hunt Hosting, LLC is to provide a large space to serve web documents, not to provide an off-site storage area for electronic files.

2. All (90%) of your web pages must be 'linked' with files (.gif, .jpeg, etc.) stored on Hunt Hosting, LLC's server.

3. Web sites that are found to contain no html documents, or a large number of unlinked files, are subject to warning, suspension or cancellation at the sole discretion of Hunt Hosting, LLC management.

4. Any customer who violates Hunt Hosting, LLC's Policies in abusing disk storage will be billed $1 per 10MB in one months period.

E. CGI Scripts

1. Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish.

2. Hunt Hosting, LLC reserves the right to disable and or remove any CGI script that affects normal server operation without prior warning.

3. Any CGI script owned and installed by you which has been stuck in memory by error will be charged a $100 management fee for each instance removed.

VIII. Conditions

A. Any provision of this contract which is broken will result in immediate account termination.

B. Payment Policies

1. 30 day guarantee applies to month-to-month customers only.

a. Setup fees not refundable.

b. Guarantee does not apply to overages of any kind.

2. All accounts are set up on a pre-pay basis.

3. All pricing is guaranteed for the term of pre-payment.

4. Hunt Hosting, LLC reserves the right to change prices at any time, unless other terms have been agreed upon in writing signed by management of Hunt Hosting, LLC.

5. Any account not brought current within one week (7 days) of e-mail notices or exceeding this time frame in any way is subject to suspension or cancellation.

6. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notified Hunt Hosting, LLC via provision VIII, D, 1-5, to request for termination of services.

7. All payments are to be made in U.S. currency.

8. Hunt Hosting, LLC will bill each client an extra $50 for every returned check and $25 for each wire transfer received.

9. Accounts not brought up to date will be submitted to a collections agency if overages are owed.

C. Cancellation

1. Hunt Hosting, LLC reserves the right to cancel service at any time for any reason without liability.

2. Any violation of policies which results in extra costs will be billed to customer (i.e. transfer, space, etc.).

3. All clients who wish to cancel must contact us via phone. Hunt Hosting, LLC DOES NOT accept cancellation requests via any other method of communication.

4. Clause VIII of this agreement shall remain in full effect even after full account cancellation has been completed and confirmed via electronic mail.

5. A fee of $100 will be applied to your account if Hunt Hosting, LLC does not receive proper cancellation request yet you move your site to another provider. This fee is not refundable. You give Hunt Hosting, LLC authorization to charge your credit card this amount (if applicable payment method).

6. Once an account is cancelled and customer notified by electronic mail, customer understands that all material stored including but not limited to email will be lost. Customer can not hold Hunt Hosting, LLC liable for any lost information the customer failed to back up.

V. Method of Payments

A. Credit Card Payment - You understand that all account sales are final. You further understand that unfounded disputed charges will result in a $50 merchant processing fee and a $75 account research fee.

B. Check Payment - Accounts are set up only upon receipt of payment and this signed agreement. Any check that is returned to Hunt Hosting, LLC is subject to a $50 returned check fee and $25 processing fee. You understand that all account sales are final.

VI. Prohibitions

A. Server Abuse

1. Any attempt to undermine or cause harm to a server, or customer, of Hunt Hosting, LLC is strictly prohibited.

2. Hunt Hosting, LLC will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include but are not limited to "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning.

3. You understand that any unauthorized use of accounts or computer, whether or not the attacked account or computer belongs to Hunt Hosting, LLC, will result in action against the attacker. Possible action include warnings, account cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

B. Unsolicited E-Mail (spam)

1. Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account cancellation. Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate postings may result in account cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not.

2. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such. 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.

3. Upon even your first Spam offense your account will be terminated and a maintenance fee of $500 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.

C. Copywritten Files

1. Files found on Hunt Hosting, LLC's servers which are found to be copywritten will be removed and the account cancelled immediately without prior notification to the customer. All copyright owners will be notified accordingly.

2. In addition, a management fee of $250 per copywritten file will be billed to the customer's method of payment upon sign up. If you paid by credit card you agree to accept this/these debits.

3. This includes but is not limited to, files with the extension .zip, .exe, etc.

4. Hunt Hosting, LLC will be the sole arbiter as to what constitutes a violation of this provision.

D. IRC - We currently do not allow IRC or IRC bots to be operated on our servers. If one is found to be operating, it will be removed and your account terminated without prior notice to you.

E. Chat Rooms

1. Due to the large amount of bandwidth and system resources used by chat rooms, you understand that you are not allowed to install your own chat room without first approving it with the Hunt Hosting, LLC support team. The Hunt Hosting support team can be reached at support@hunthosting.com.

2. Parachat chat rooms are acceptable and do not apply to this rule. They may be installed without prior approval from Hunt Hosting, LLC.

3. If you have any questions concerning whether your proposed chat room is a parachat chat room, contact Hunt Hosting, LLC prior to installation.

F. Abuse of SMTP Mail Server

1. We do not allow clients to send more than 2000 pieces of electronic mail per day. If you do send more than this amount, your account will be suspended for network abuse.

2. If you are sending legitimate electronic messages and they total more than 2000 per day your account will be moved to a special server that is specifically designed to handle high volumes of email. You will be charged $50.00 per month and a setup fee of $50.00 in addition to your regular hosting charges if your account is moved to this server. Please contact billing@hunthosting.com to have your domain moved or initially installed on this special server. The maximum allowable electronic messages per day on this special server is 20,000 at the price above.

3. You may contact Hunt Hosting, LLC's sales department to work out a contract for additional e-mail at a price to be determined by Hunt Hosting, LLC.

VII. Lawful Purpose

A. Hunt Hosting, LLC reserves the right to refuse service to anyone.

B. Customers may only use the Hunt Hosting, LLC server for lawful purposes.

C. Transmission of any material in violation with Federal, State or Local regulation is prohibited. This includes, but is not limited to, copywritten material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Hunt Hosting, LLC management.

D. Regardless of the place of signing this agreement, the client agrees, for purposes of venue, this contract was entered into Livingston County, City of Howell, State of Michigan, and any dispute will be litigated or arbitrated in this jurisdiction.

VII. Indemnification

A. You agree to defend, indemnify, save and hold Hunt Hosting, LLC harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Hunt Hosting, LLC, 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 you, your agent, employee or assign.

B. You agree to defend, indemnify and hold harmless Hunt Hosting, LLC against liabilities arising out of but not limited to:

1. Any injury to person or property caused by any products sold or otherwise distributed in connection with Hunt Hosting, LLC's server;

2. Any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party;

3. Copyright infringement; or

4. Any defective products sold to customer from Hunt Hosting, LLC's server.

IX. Disclaimer

A. Hunt Hosting, LLC is not responsible for any damages suffered by you or your business as a result of services we provide.

B. Hunt Hosting, LLC makes no warranties of any kind, expressed or implied, for services we provide.

C. Hunt Hosting, LLC disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Hunt Hosting, LLC and its employees.

D. Hunt Hosting, LLC reserves the right to revise its policies at any time without notice. It is the customer's responsibility to monitor http://www.hunthosting.com/terms.shtml for policy changes.

E. All Sub-Networks and resellers of Hunt Hosting, LLC must adhere to the above policies.

F. Failure to follow any term or condition will be grounds for immediate account deactivation without refund.


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