Welcome To Host007.com

ACCEPTABLE USE POLICY

This agreement represents the complete agreement and understanding between Host007 and the account holder (hereinafter called Customer) and supersedes any other written or oral agreement. Upon notice published on-line via Host007 services, Host007 may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered.

If you do not agree to these terms and conditions, please notify us, so we can initiate a closure of your account. USE OF YOUR ACCOUNT shall constitute your approval.

1. Host007 makes no warranties of any kind, whether expressed or implied, for the service it is providing. Host007 also disclaims any warranty of merchantability or fitness for a particular purpose. Host007 will not be responsible for damages the customer suffers. This includes loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence, subscriber's errors or omissions, or due to the fault of third parties. Host007 does not as part of this contract back-up your data and takes no responsibility for loss of this due to any event which may result in the loss of your data and files from our servers.

2. Services provided to the Customer by Host007 may only be used for lawful purposes. Transmission or publication of any information, data or material in violation of any U.S. Federal or state regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material or obscene material. Host007 reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement.

3. Customer agrees to defend, hold harmless and expeditiously indemnify Host007 from any liability, claim, loss, damage or expense arising out of the indemnifying party's breach or violation of any covenant contained in this Policy and resulting from the Customer's use of the service.

4. Host007 accounts cannot be transferred or used by anyone other than the subscriber. Customers may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this Policy.

5. Host007 reserves the right to cancel service for any reason without prior notice. In case of cancellation, unused fees may be returned to the subscriber on a pro-rata basis.

6. Setup fees are not refundable.

7. High Bandwidth Usage: Host007 operates an unlimited usage policy in respect of CPU, bandwidth and transfer rates. In cases where a customer monopolizes resources to such an extent as to cause problems or jeopardize server performance for other customers, Host007 reserves the right to impose its High Resource Usage Policy.

High Resource Usage Policy
Host007 defines resources as bandwidth, transfer and CPU utilization. On a case by case basis and at the sole discretion of Host007, if a customer is found to be a high user of resources, Host007 reserves the right to move that customer onto its High Resource Usage Policy then that customer will be subject to one or all of the following: 1) A charge of $5.00 per 1GB of transfer per month. 2) An additional charge of $25 per month.

8. Additionally, CUSTOMER agrees not to utilize the Host007 service, equipment or email address in connection with the transmission of the same or substantially similar unsolicited message to 50 or more recipients or eight or more newsgroups in a single day. CUSTOMERS responsible for violating this clause of the Host007 Acceptable Use Policy will be fined $200 per message. Payment by CUSTOMER under this provision shall not prevent Host007 from seeking other legal remedies against CUSTOMER.

9. Customer agrees not to transmit, promote, or otherwise make available any software, product or service that is either illegal or designed to violate this Agreement. Such software, products or services include, but are not limited to, programs designed to send unsolicited advertisements (i.e. "spamware") and services which send unsolicited advertisements.

10. Host007 requires that its agreements be made with a person who is qualified to contract. As such, subscriber must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this agreement and enclose the proper payment. Host007 cannot accept payments from persons who are not at least eighteen (18) years of age, nor can we accept agreements from persons who are not at least eighteen (18) years of age.

11. Customer shall ensure that its use of Host007's network services shall not disrupt Host007, its associated networks or equipment forming part of the systems. In instances in which an excessive amount of system resources are utilized by a subscriber, Host007 reserves the right to place CPU process limits on the Customer's account to prevent disruption of service to other customers. Customers shall not transmit any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulation or would likely be offensive to the recipient thereof. No message may be mass distributed, "broadcast," or otherwise sent on an intrusive basis to any Host007 user or to any directly or indirectly attached network. Use of Host007's connection in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by Host007 shall be considered a breach of this Policy and may result in cancellation of service. This prohibition extends to sending of unsolicited mass mailings from another service which in any way implicates the use of Host007's service, Host007's equipment or any site hosted on any Host007 network.

12. Customer warrants that any material submitted for publication on Host007 does not violate or infringe any copyright, trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or libelous. Host007 reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement.

13. If Host007 becomes aware of material that could be infringing on a third party's copyright, it will initiate an investigation. To conduct an investigation of copyright infringement, the Complainant must submit at least two items. First, Complainant must submit a claim in writing with the applicable copyright or trademark registration number and a copy of the underlying copyrighted work along with the Customer's materials. Second, Complainant must offer a good faith certification signed under penalty of perjury. This certification must state that the work is the property of the Complainant, that the work has been copied and that use of the work is not defensible. With this information in-hand, Host007, at its discretion, may, at any time deny access to the challenged material of Customer.

14. Use of other organizations' networks or computing resources is subject to their respective permission and usage policies.

15. Use of Host007's hosting services could involve listing subscriber's participation in relevant directories, and subscriber expressly grants permission for such listings.

16. Any party seeking to report any other potential violations of this Agreement may contact Host007 via our online form

17. Transferring your domain to another provider does not constitute canceling your Host007 account. You must notify Host007 and remove our name servers from your domain records to formally cancel your account with Host007 to avoid further charges.

18. On occasion, Host007 may have a need to communicate with its customers through e-mail issues related to billing, as well as changes, additions and modifications to the network. It is the responsibility of the customer to check e-mail sent to the primary login e-mail address on the account.

19. It is the responsibility of the customer to contact Host007 of any changes to their account, such as phone number, address, credit card information, etc. Customers will be required to provide verification for security purposes authorizing them to make any changes to that account.

Termination
20. If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
21. If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
22. No refunds will be made for Services suspended.
23. We reserve the right to suspend the Services and/or terminate this Agreement at any time. In the event of this You will be entitled pro rata refund based upon the remaining period of membership.
24. You may cancel the Services at any time. Billings and renewals are automatic untill cancelled by you. If you decide to cancel you simply must cancel 4 (four) days before your account is scheduled to be charged, you must also remove our name servers from your domain.
Cancellations submitted on or after 4 (four) days before your scheduled charge will take effect on the next billing cycle.
25. During the first 30 days of Services, You are entitled to a complete refund of all fees paid with the exclusion of domain name registration, dedicated server and data transfer fees should You decide to cancel the Services. You will not be entitled to a refund on this basis if you have previously had an account with Host007. No full refunds or pro rata refunds will be made after the first 14 days of service should You decide to cancel the Services.
26. If you subscribed to one year commitment plan and wish to transfer the ownership before your yearly contract expires, you or the new owner must pay $35 transfer fee.
27. Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.
28. On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.

NO SPAMMING

Host007.com ANTI-SPAM POLICY:

HOST007.COM HAS A ZERO TOLERANCE ANTI-SPAM POLICY. THIS MEANS THAT ANY HOST007.COM CUSTOMER
THAT SPAMS IN ANY WAY SHALL BE IMMEDIATELY TERMINATED WITH ALL RIGHTS FORFEITED.

The following Acceptable use (Anti-Spam) policy sets forth what activities on the part of a Host007.com Customer will not be tolerated under any circumstances. These policies will be enforced to insure Host007.com's continued reputation as a high quality, professional company. Host007 will immediately terminate any account found engaging in spamming or any illegal activity. Their account shall be terminated and they will be charged two hundred dollars ($200.00) for each reported spamming activity as a penalty and damage charge. Host007.com will immediately contact state and federal authorities to report such activity as it is a crime in many jurisdictions to Spam.

Any Customer, person or entity found spamming will have their relationship to Host007 terminated when Host007 receives complaints from any part of the Internet community and verifies same. All Customers are required to agree and adhere to these stated conditions.

Customer cannot violate any applicable local, state, federal or international law. Illegal spamming activity includes posting identical or substantially similar articles to an excessive (more than 8) number of newsgroups or continued posting of articles which are of topic for a newsgroup; Sending unsolicited mass (to more than 50 users) emailing which provoke complaints from the recipients or where the recipients have not agreed, prior to such mailing to accept such emails. Unsolicited commercial advertisements will be treated as illegal spam.

Host007.COM WILL FULLY COOPERATE WITH ALL CRIMINAL AUTHORITIES TO PROVIDE INFORMATION AS TO THE PERSON OR PERSONS THAT ENGAGED IN THE SPAMMING ACTIVITY IN ORDER TO OBTAIN WARRANTS AND CRIMINAL CHARGES AGAINST THOSE PARTICIPANTS.