Acceptable Use Policy

The Primary service of Web1Host.Net is to provide web hosting services to eCommerce, including Adult, Webmasters.

Web1Host.Net services are provided on an "as is, as available" basis.

The Customer is responsible for all use of the Customer's account.

Web1Host.Net may change Customer's password or suspend Customer's account upon notification or suspicion that the account's security has been compromised.

Web1Host.Net is not responsible for the data uploaded by the Customer.

At no time, and for no reason may Web1Host.Net be held liable for data, traffic, or revenue loss due to downtime or other related event.

Use of an Web1Host.Net account is limited in use to the name that appears on file for the account.

Customer agrees to use the service in a manner consistent with any and all applicable laws and regulations of the United States of America, the States of Florida, California, Pennsylvania, and Georgia as well as the Customer's locality. Reproduction or transmission of any material in violation of any local, state, U.S., or international law or regulation is strictly prohibited.

The following type of conduct is generally handled on a "one warning" basis. After the second incident of one of the following misconducts, the Customer's account may be deleted and all funds forfeit. Warnings are issued when more than one complaint is received from an outside source or a staff member at Web1Host Hosting notices the misconduct.

Using the Web1Host.Net mail server for bulk-emailing. Bulk-emailing is defined as sending out one message to more than 25 users or any other kind of emailing that may put strain on a Web1Host mail server.

Harassment of other individuals on the Internet after being asked to stop by those individuals.

Sending unsolicited mass Emails (Spam) advertising a site hosted by Web1Host or any other action involving mass emailing that may receive negative response by outside parties. This can include Newsgroup posting and there may be a $100.00 fine per instance/complaint. Mailing to your members and double opt-in lists are, of course, allowed but you may be asked to show your method of address collection. Mass or commercial email may be sent only to recipients who have expressly requested receipt of such emails, by the sending of an email request to the person performing the mass or commercial mailings. This exchanging of requests, acknowledgments, and final confirmations ("confirmed opt-in") must be adhered to in their entirety for any mass or commercial email to be considered permitted. In the absence of positive, verifiable proof to the contrary, Web1Host considers complaints by recipients of emails to be de-facto proof that the recipient did not subscribe or otherwise request the email(s) about which a complaint was generated. Also see Section 'B', Article '2' under the 'Agreement' below.

Impresonating another user on the Internet.

Attempts to gain access to other machines via Web1Host.Net.

Use of robots or Daemons of any kind on an Web1Host.Net shell account.

Use of scripts that consume excess CPU time as determined by Web1Host.

The following type of conduct is strictly prohibited and will result in immediate account suspension.

Posting of any illegal material. This includes, but is not limited to, child pornography, beastiality, copyright infringements and some kinds of excretory content.

Posting of any material that has an extreme racist persuasion toward any ethnic, religous, or cultural group.

Attempts to gain access to Root on a server. This includes, but is not limited to, downloading password files, snooping through system directories, and installing root gaining programs such as rootkits.

Child Pornography: Proposed Federal child exploitation statutes define child pornography as visual depictions of "sexual intercourse" and/or "sexually explicit conduct", whether between minors of the same or opposite sex or lascivious exhibition of the genitals or pubic area of any minor person. Such visual depictions are illegal to possess, produce, receive, transport or distribute by any means, including computer. Lascivious images of naked children are NOT 'art' and will be removed with the site owner being fined!

Distribution of Viruses: Intentional or unintentional distribution of software that attempts to cause damage or annoyance to persons, data, or computer systems.

Fraudulent Activities: Intentional misrepresentation or misleading statement or activity made with the intent that the person receiving it will act upon it; or attempting to obtain service by any means with intent to avoid payment (E.g. "phishing").

Security: Web1Host customers are expected configure their sites or systems in a secure manner and are responsible for protecting their access information from third parties. Should a user's system be exploited by unauthorized persons, the user is responsible for both reporting the violation (where applicable), as well as fixing the exploited system (dedicated machines). Customers may not interfere with services (e.g. a DoS Attack), whether intentionally or through neglect, of the Web1Host network or that of any other host, or network. The prevention of "unintentional attacks", such as infection by and propagation of computer viruses, are the responsibility of every user. Customers are prohibited from injecting, intentionally or negligently, false or unauthorized network control data into the Web1Host network (i.e. in the form of incorrect routing or DNS information).

Web1Host.Net has the right to refuse service either before or after account setup is complete.

Web1Host.Net has the right to collect damages for any harm that is done by Customer's account.

Web1Host.Net has the right to change these policies and any time without notice or notification.
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Privacy Statement

Web1Host.Net is committed to protecting your privacy. Any information we collect will only be used to process orders, provide support or service, and assist in the resolution or diagnosis of system questions or problems.

We will never disclose to an unaffiliated third party the following information: (i) the files or materials residing on Web1Host.Net's storage devices or its network of shared server computers which are not otherwise viewable from the Web; or (ii) your name, address, phone number, credit card, debit card, banking information, electronic funds transfer information, e-mail or alias e-mail address, or other specific personal identifying information, unless you provide express written permission in advance.

Be aware that Web1Host.Net may disclose any or all of the foregoing if requested by any governmental or law enforcement agency, or directed to do so by a search warrant or court order.

Web1Host.Net maintains a policy of cooperating with governmental and law enforcement agencies. In the event that any governmental or law enforcement agencies make an allegation that you are engaged in unlawful activities through use of the HOSTING SERVICE, Web1Host.Net reserves the right, in its sole discretion, to take any action it deems necessary or appropriate under the circumstances.

You hereby consent to the release of any of the above information without notice should Web1Host.Net deem it necessary and appropriate under the circumstances.
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DMCA Policy

It is the policy of Web1Host to respond expeditiously to claims of intellectual property infringement. 
Web1Host will promptly process and investigate notices of alleged infringement and will take appropriate 
actions under 17 USC §512 ("DMCA") and other applicable intellectual property laws. Upon receipt of notices 
complying with the DMCA, when it is under its control, Web1Host will act expeditiously to remove or disable 
access to any material claimed to be infringing or claimed to be the subject of infringing activity and 
will act expeditiously to remove or disable access to any reference or link to material or activity that 
is claimed to be infringing. Web1Host will terminate access for customers who are repeat infringers. 
Webhosting customers must adopt and implement a DMCA policy that reserves the necessary rights to remove 
or disable infringing material. If you believe that a copyrighted work has been copied and is accessible 
on our network in a way that constitutes copyright infringement, you may notify us by providing our 
registered copyright agent with the following information:

    Elements of Notification: 
    To be effective under this subsection, a notification of claimed infringement must be a written communication 
    provided to the designated agent of a service provider that includes substantially the following:( http://www.copyright.gov )

        * A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right 
          that is allegedly infringed. [As an electronic signature, Web1Host's agent accepts facsimile/fax and digitized 
          image of your signature attached to electronic mail.]
        * Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works 
          at a single online site are covered by a single notification, a representative list of such works at that site.
        * Identification of the material that is claimed to be infringing or to be the subject of infringing activity and 
          that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the 
          service provider to locate the material. [Please include a URL such as http://... or ftp://... identifying the 
          material or representative material. If possible specify any IDs, passwords, or other authorization required 
          to access the material. Please specify date, time, and timezone from which the material was observed. Technicians 
          may require time information in order to identify dynamically assigned internet locations.]
        * Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, 
          telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
        * A statement that the complaining party has a good faith belief that use of the material in the manner complained of 
          is not authorized by the copyright owner, its agent, or the law.
        * A statement that the information in the notification is accurate, and under penalty of perjury, that the 
          complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed infringement should be directed to copyright@web1host.net.

Note: It is assumed that complainants have explicitly requested communication from the Web1Host copyright department 
     (copyright@web1host.net), and that such communication will be pre-authorized by the complainant. If email 
     replies to the complainant are blocked, challenged, or otherwise frustrated, then Web1Host will 
     interpret this as a desire by the complainant to cease communication and to withdraw the claim.

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Agreement

This Agreement, is made and entered by Web1Host.Net a Web Hosting Service, ("Provider"), and you, ("User"). Intending to be bound in accordance with the terms hereof, the parties agrees as follows:

A. Payment for Service:

1.User agrees to pay the charges identified on company invoices on or before the invoice listed due date of each month following execution of this agreement, together with any additional charges, costs or assessments made by Provider under the terms here.
2.User agrees that any unpaid balance due hereunder shall be subject to a 10% late charge, and that costs of collection, including court costs and reasonable attorney fees shall be added as principal amounts to such balance, to include the cost of Mechanics Liens filed against potential earnings due to the customer from the customers sponsors.

B. Use of Service:

1.User agrees to maintain its site in a manner consistent with any and all applicable laws, regulations, acceptable uses and standards in effect, or which become in effect, during the term hereof.
2.User agrees to practice common courtesy in its use of the site, and to refrain from using any distribution lists for electronic mail or other techniques for unsolicited mass mailing. Spamming of any kind is grounds for immediate termination and will result in a fine of $100.00 per complaint. However, sites are not removed automatically and a determination whether 'spam' has been sent will be made on a case-by-case basis. Make CERTAIN that your members have agreed to receive mail or that you have used the double opt-in method of collecting addresses. All such mail MUST contain valid headers (don't falsify the source of the email), a valid 'Remove' link, and the 'Subject' line MUST correctly identify the subject of the email.
3.User agrees the Provider provides a multi-user system, and as such User may be asked to move to a dedicated server if his site uses up more than 20% of system resources.
4.Web1Host and Customer acknowledge that proprietary and confidential information (including without limitation trade secrets) (collectively "Proprietary Information") of each Party may be disclosed to the other Party throughout the term of this Agreement. Each Party agrees to not reverse engineer, decompile, disclose to any third party, or to use for any purpose not strictly required for such Party's performance hereunder, such Proprietary Information except to the extent that such Proprietary Information was: (i) made publicly available by the owner of the Proprietary Information or lawfully disclosed by a non-party to this Agreement; (ii) lawfully obtained from any source other than the owner of the Proprietary Information; (iii) independently developed by personnel of the receiving Party to whom Proprietary Information had not been previously disclosed and not based on or derived from such Proprietary Information; or (iv) previously known to the receiving Party without an obligation to keep it confidential. Customer will not contract directly with any subcontractor relationships that Web1Host has under this agreement or are connected to future services related to this agreement or that are of the same nature. Anything to the contrary herein notwithstanding, Web1Host may disclose such information to its successors or assigns, subsidiaries, officers, directors, employees, agents, independent contractors, licensees, licensors and suppliers which have signed and are bound by a suitable non-disclosure agreement with Web1Host in order for Web1Host to perform the service in this contract. The obligations set forth in this Agreement shall survive the termination of this Agreement for any reason whatsoever for a period of three (3) years; provided, however, that, with respect to Proprietary Information which constitutes a trade secret, the obligations set forth in this Section 6 shall survive the termination of this Agreement for any reason whatsoever for so long as such Proprietary Information constitutes a trade secret under applicable law.

C. Service Disclaimers:

1.Provider will take all steps reasonable, necessary and prudent to protect against failure of its equipment and software. User acknowledges and agrees that temporary interruptions in service may occur, and that Provider shall have no liability to User for any claim, cost, charge, loss or expense arising from or relating to use of the website.
2.User acknowledges and agrees that data may be lost or corrupted in connection with use of the website.
3.Provider reserves the right to alter the access procedure and its vendor relations without notice to, or authority from the User.

B. Term and Termination:

1.This agreement shall have an initial term of one month pro-rated from the date of execution hereof until the 1st of the month following and continuing on a month to month basis after ~OR~ an initial term of one month from the date of execution hereof and continuing on a month to month basis after, unless otherwise specified by sign up request by longer terms. Upon expiration of such term, this agreement shall automatically renew for successive equivalent periods, unless notice is given by either party of its intent to terminate the agreement, at least two weeks prior to the scheduled termination date. Dedicated Servers require at least 30 days notice of termination prior to the scheduled termination date. If a client fails to give two (2) weeks notice for virtually hosted sites or thirty (30) days notice for dedicated servers, then the client will pay the regular fee's due and an additional penalty equal to 50% of a normal monthly term amount for loss of hosting revenue. In either case, the client will forfeit any monies paid in advance (set-up charges, etc). For security, notice of intent to cancel hosting or any hosting plan change requests (adding bandwidth and so forth) may ONLY be made from within your Secure Account interface at https://Web1Host.net/aLogIn.php (no email, phone calls, telepathic communication or smoke signals, etc, will be accepted). An advance bill notification is sent out by our automated billing system 7 days before the next billing cycle so any upgrades, additions, or other changes made to an account must be made from within your account interface before you receive your advance billing. All terms and conditions of this agreement shall be in full force and effect during all original and renewal periods hereunder.
2.User has 30 days from date of account setup to be eligible for a refund in the event of non-performance on the part of Web1Host.Net. If User requests a refund in this time period, User will receive a refund in the amount of their initial monthly payment. User will not receive a refund for any setup, scripting or "extras" fees.
3.Provider reserves the right to terminate this agreement, and to delete the website from its hardware, immediately upon the occurrence of any of the following events:
    a. Non payment of any charges due from User.
    b. Breach of any term or condition of this agreement by User.
    c. Commencement of any lawsuit or proceeding against User arising from or relating to its use of the website, whether or not such suit names Provider as a party or seeks and recovery from Provider.

E. Indemnification of Provider/Relationship of Parties:

1.User agrees to indemnify and hold Provider harmless from any lawsuit, claim, charge, or expense, including reasonable attorney fees and costs of defense, for any matter arising from or relating to User's website provided hereunder.
2.Nothing contained herein shall be deemed to create a relationship between the Provider and User in the nature of a partnership, joint venture, editor/publisher or otherwise. Both parties acknowledge and agree that Provider has no interaction with the data or substance of User's website, except as necessary to maintain the website.

F. Security/Software:

1.System and Network Security: Users are prohibited from violating or attempting to violate the security of the Web1Host Network.

Customer will take every reasonable precaution to ensure the safety and integrity of Web1Host equipment from outside intruders by
requiring authorization before providing any login, password or configuration information to anyone with the exception of customer's
direct employees.

Violations of system or network security may result in civil or criminal liability. Web1Host will investigate
occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting
Users who are involved in such violations. These violations include, without limitation:

* Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

* Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures
without proper authorization.

* Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading,
"flooding", "mail bombing" or "crashing".

* Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Taking any action in
order to obtain services to which such User is not entitled.

2.User agrees not to attempt to undermine or cause harm to any server or customer of Provider.

3.User acknowledges that Provider cannot provide technical support for any software and/or script that the User installs,
other than variable name changes.

G. Content:

1.The provider believes in freedom of speech. As long as the User's content does not break any Federal, State, or local laws 
     it will be allowed to exist on the User's website.

2.Users are responsible for any content they place on their web site, or any content they allow.



3.Although the Provider will never sell the personal information of the User, the Provider will fully cooperate with 
     all law enforcement if a User has suspected of having broken Federal, State, or local law.


4.The Provider reserves the right to remove any page(s) at any time.

H. Scope of Agreement:

This agreement incorporates the Acceptable Use Policy above and must be honored by all sub domains and dedicated servers of the Provider.

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