Acceptable Use and Indemnification Policy

HostBreak reserves the right to change this Policy any time, so please, check this page at least once a month or when in doubt.

HostBreak strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other HostBreak customers and us against such harm.

Spam

HostBreak is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the HostBreak network, by customers or any other users of the HostBreak network (including customers' customers); AND/OR over ANY network— if the message sent advertises or mentions a site hosted on the HostBreak server. We also prohibit the selling products that can be used for spamming.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy.

If you have any complaints or comments regarding Spam on our network, please direct them via help desk to support.

Account Ownership

HostBreak is only responsible to the present owner of the Web hosting space. We verify ownership by credit card number (if paid for by credit card), name, address, email address, username, & password. If you give this information to any other party or give access to your email address on your account to another party, you risk having your Web site and any other information on your account changed and/or deleted. We are not responsible for any information on your account should you reveal this information to another party who causes damage to your account and/or Web site.

If you are a Web designer and you are not the person paying for the hosting account we advise you to receive payment for your work before you publish it to our servers. Once the Web site is published to our servers the account owner has retained ownership of that content.

Content Policy

All services provided by HostBreak 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, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless HostBreak from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and sex-related links or merchandising is prohibited on all HostBreak servers. This includes sites that may infer sexual content, or links to adult content elsewhere. HostBreak will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to HostBreak servers or any other server on the internet. Links to such materials are also prohibited. Examples of unacceptable content or links:

Pirated software Hacker programs or archives Warez sites Pornography or Adult Material

HostBreak will be the sole arbiter as to what constitutes a violation of this provision. HostBreak does not host competitor sites or web pages promoting sites of its competitors.

Any deliberate attempt to cause damage to HostBreak or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.

Email Policy:

HostBreak may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. We consider unsolicited mass email as any unsolicited email messages sent to more than 25 email addresses or more than 10 news groups.

All email boxes on your account should be kept below 10 MB each. This is normal for most accounts since email is typically accessed on a regular basis using an email client such as Outlook, Outlook Express or Eudora.

HostBreak does not backup your e-mails. You are not supposed to store your e-mail on the server permanently. You are recommended to download e-mail through email client such as Outlook, Outlook Express or Eudora.

Chat Policy:

HostBreak does not allow large chat rooms. You can however link your site to a chat provider. Some examples of chat providers are: www.humanclick.com, www.liveperson.com, and www.livehumanhelp.com.

Sub hosting Policy:

Sub hosting (hosting more than one web site with a single HostBreak user account) is generally not allowed on HostBreak servers unless you sign up for the sub-domain account for each domain name that you want to point to a sub-directory under your main account. You must have one main account to have any sub-domain accounts.

Backups:

Full backups are made weekly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content and any information on their account including but not limited to clients website, email, databases, mailing lists, and archives. If loss of data occurs due to an error of HostBreak, we will attempt to recover the data at no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, HostBreak will not be responsible.

Indemnification Policy:

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law. You agree to use all HostBreak services and facilities at your own risk. HostBreak specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall HostBreak 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 HostBreak harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against HostBreak, 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 HostBreak against liabilities arising out of; any injury to person or property caused by any products sold or otherwise distributed in connection with HostBreak’s server; any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement and any defective products sold to customer from HostBreak’s server.

HostBreak shall be the sole judge of what violates this Policy:

HostBreak is only responsible to the present owner of the Web hosting space. We verify ownership by credit card number (if paid for by credit card), name, address, username, & password. If you give this information to any other party you risk having your Web site and any other information on your account changed and/or deleted. We are not responsible for any information on your account should you reveal this information.

Payment Policies and Fees:

Full payment is required before any hosting service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. Prepayment is due each anniversary (one month, three month, six month, one year, two years) following the date the account was established. Additional features can be added at any time. Monthly feature prices are not prorated. HostBreak reserves the right to change prices or plans at any time. NOTE: HostBreak charges a $25.00 fee for returned checks as well as charge backs. For international customers: check or money order funds must be drawn in US dollars.

Cancellation Policy:

You may cancel at anytime within 30 days moneyback guarantee period. To cancel your account, mail your website name to cancel@hostbreak.com. As a policy, we can not refund the domain registration charges because once the domain is registered, it can not be reversed. All monetary transactions are in $US dollars.

Resellers: If you cancel your reseller account within first 30 day we will refund half (50%) the reseller fee. If you cancel after first 30 days, no refund on current charge will be given.

Resellers: You provide billing to your customers. We do not bill your customers. We bill you for the domain name and space, then you turn around and bill them for your cost from us and your services in addition to that. You can easily bill with the provided reseller control panel.

Actual or attempted violations of policy by a customer's end user shall be considered violations of the policy by the customer regardless of intention and will be acted upon accordingly.

Your customers are given a limited amount of transfer and if we feel that one of your customers are using up more transfer than allocated or are taking up too much of the CPU usage then we will need to pass some of the extra cost on to you and you will need to pass it on to your customer. You will need to put that in your terms and conditions for the hosting. You can monitor your customers bandwidth in their control panel.

You agree that neither you nor your customers can hold us responsible for services that you offer.

Your customers have to abide by the same terms and conditions as you do, or we have the right to cancel any of your reseller accounts.

If you abuse our services, we reserve the right to cancel your account, which will also cancel your customers accounts.

We reserve the right to remove the link to a reseller's Web site on our Web Design page if it has been determined that the reseller is affiliated in any way with a competitor of HostBreak, if it has been determined that the reseller is not representing HostBreak professionally or appropriately, or if it has been determined that the reseller has violated our Acceptable Use Policy.

Uptime Guarantee:

If our servers are not up 99.9% of the time during your first 30 days of hosting we will gladly give you a full refund on your hosting services (excluding setup fees) and cancel your account. Just open a sales ticket and send us your account login and website name. Be sure and mention that you would like a refund based on our 99.9% Uptime Guarantee.

Availability of the Shared Web hosting services is defined as the percentage of time, within the agreed available hours of the service, in which this service, as defined in this contract, is available. There are however a number of factors that may cause the service to be unavailable to the customer that are either outside the control of HostBreak or allowed within the service definition. The service provided by HostBreak is therefore measured as an “adjusted availability” using values referred to as “adjusted service hours” (ASH) and “adjusted downtime” (AD).

Adjusted availability (percentage) = ((ASH-AD)/ASH)x100

Where, the adjusted service hours (ASH) and adjusted downtime (AD) are calculated as follows:

ASH = TM - SMM - UMM AD = MD - SMM - UMM

Where: TM = total number of minutes that the service should be available. SMM = the number of minutes that the system was not available due to scheduled maintenance UMM = the number of minutes that the system was not available but could not be repaired because the system was unreachable to HostBreak staff.