Accepting the Terms and Conditions|
These Terms and conditions can be found on www.hostmotives.com and, among others, nobody can order an account without fulfilling the order thus confirming that he/she is acquainted with and is accepting these. Nevertheless, it will be regarded that these terms and conditions have been fully read and understood by each client who had bought a hosting package and no client shall have the right to deny this afterwards.
Account Setup / Email on File
We will setup your account after we have received payment about the hosting package you have paid for and we will send you the relevant information (username, password and short description on FTP and cPanel access) by mail. It is therefore of utmost improtance that you provide your valid email address. After that we will never ask from you to provide the confidential information and you should not disclose this to anyone else. In case you forget the username and/or password, these will be sent to you only if you request this personally by attaching appropriate proof that you are the owner and user of the account in question.
Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. The hosting provider hostmotives.com is therefore no responsible to transfer web sites from one server to another. At the same time, the hosting provider hostmotives.com shall not be hold responsible for any file/s loss of certain web site due to negligence of it's owner. For these reasons it is your responsibility to always have a copy of your Web site contents on CD or hard disk, containing all required files and if need arises to be able to load these on other server.
All services provided by the hosting provider hostmotives.com may only be used for lawful purposes.
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. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled.
Using an account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
Examples of unacceptable material on our servers include:
- Chat, IRC Scripts/Bots
- Proxy Scripts/Anonymizers
- Pirated Software/Warez
- Image Hosting Scripts (similar to Photobucket or Tinypic)
- AutoSurf/PTC/PTS/PPC sites
- IP Scanners
- Bruteforce Programs/Scripts/Applications
- Mail Bombers/Spam Scripts
- Banner-Ad services (commercial banner ad rotation)
- File Dump/Mirror Scripts (similar to rapidshare)
- Commercial Audio Streaming (more than one or two streams)
- Escrow/Bank Debentures
- High-Yield Interest Programs (HYIP) or Related Sites
- Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
- Sale of any controlled substance without prior proof of appropriate permit(s)
- Prime Banks Programs
- Lottery/Gambling Sites
- Hacker focused sites/archives/programs
- Sites promoting illegal activities including child pornography
- Forums and/or websites that distribute or link to warez/pirated/illegal content
- Bank Debentures/Bank Debenture Trading Programs
- Fraudulent Sites (Including, but not limited to sites listed at aa419.org & Escrow-fraud.com)
- Push button mail scripts
- Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc.)
- Tell A Friend Scripts
- Anonymous or Bulk SMS Gateways
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. the hosting provider hostmotives.com may, at its own discretion, to request and require documentation to prove access to a third party network or system is authorized.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists", purchased lists, and selling of lists 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, phone, postal mail, 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.
The hosting provider hostmotives.com 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.
User may not:
1) use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.;
2) run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD;
3) run any type of web spider or indexer (including Google Cash / AdSpy);
4) run any software that interfaces with an IRC (Internet Relay Chat) network;
5) 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;
6) participate in any file-sharing/peer-to-peer activities;
7) run any gaming servers such as counter-strike, half-life, battlefield1942, etc.;
8) run cron entries with intervals of less than 15 minutes;
9) run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately;
10) 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");
11) to help reduce usage, do not force html to handle server-side code (like php and shtml);
12) only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
Resource Abuse Policy (RAP)
In all fairness, we cannot allow one or two clients to use all of the system resources on a shared machine and have all other clients suffer because of it. Excessive CPU & memory usage by one or more clients causes extreme slowness in all areas: MySQL, Email, HTTP and more. If the CPU & memory usage by a few clients gets out of hand, all sites hosted on the machine will return errors and not be accessible in any way.
Average Server Resource Limits (Per cPanel Account):
- Memory usage may not exceed 25% per domain/file/application;
- CPU usage may not exceed 25% per domain/file/application;
- Apache connections may not exceed 80-100 connections;
- 100-150 MySQL maximum user connections allowed;
- 350 emails per hour, per domain.
Please note that, our SRL (Server Resource Limit) allowance is highest than any other hosting company offered on shared hosting for their customer.
Inappropriate behaviour by any individual client in view of fulfilling or following any part of the above terms and conditions shall result in deactivation of the account in question. The hosting provider hostmotives.com shall be the sole arbitrator in view of determining any breach of the terms and conditions.
In no case, when the account has been terminated due to a violation of its holder, the hosting provider hostmotives.com shall be taken responsible to refund the amount paid and this shall be to the account of the unconscientious client.
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