General Policy Statement

SoHoHosting.net provides web hosting, web design, website management, domain name registration, and website forwarding. SoHoHosting.net has certain legal and ethical responsibilities consistent with the use of its servers and equipment involved in providing these services.

SoHoHosting.net general policy is to act as a provider of internet presence. SoHoHosting.net has specific ethical concerns regarding the use of its computers detailed below. SoHoHosting.net reserves the right to suspend or cancel a customer's access to any or all services provided by SoHoHosting.net when we decide that the account has been inappropriately used.

Terms and Conditions

SoHoHosting.net hereby sets forth the terms and conditions of service which govern the customer subscription for web hosting, web forwarding, domain registration and other Internet-related services provided by SoHoHosting.net. As used in this agreement, "SoHoHosting.net" means SoHoHosting.net and "Client", "you" or "your" means you the customer. By clicking the "Submit Order" button, you acknowledge that you have read the Terms and Conditions of Service, and you agree to its terms and conditions and all policies posted on the SoHoHosting.net web site. SoHoHosting.net reserves the right to modify any and all policies by posting such changes on its web site. SoHoHosting.net may modify the terms and conditions of this Agreement or the prices of its services, as well as discontinue or change the services offered. You will be bound by the modified Agreement, prices and/or policies if you continue to use the services.

1. Scope of Services and Your Obligations

1.1. This Agreement defines the terms and conditions of SoHoHosting.net services as offered by SoHoHosting.net and used by you, including the provision of web hosting services on SoHoHosting.net servers and connectivity to the Internet (the "Services"). SoHoHosting.net will provide the Services for the amount of server storage space selected in exchange for payment of fees and full compliance with the terms and conditions of this Agreement. In performing the Services, SoHoHosting.net maintains control and ownership of any and all Internet protocol ("IP") numbers and addresses that may be assigned to you and reserves the right to change or remove any and all IP numbers and addresses at its sole discretion.

1.2. As part of the Services, SoHoHosting.net will also provide your own web-based Control Panel (the "Control Panel") containing links to your payment history, summaries of the Services you have chosen, newsletters and other current information.

1.3. You are responsible for producing, electronically uploading and maintaining HTML files, execution scripts, applets and applications (the "Upload Materials") to your website, and you hereby warrant that all Upload Materials shall be owned or properly licensed by you and shall not adversely impact the Services or violate any rights of any third parties. You are responsible for ensuring that all Upload Materials will function properly and as intended. You are responsible for all activity originating from your website, unless proven to be a victim of outside hacking or address forgery. You assume responsibility for all material on your website that may be put on by a third party (such as the usage of Free For All links pages). Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols, and software, which can vary depending on your anticipated use and desired content of your website, and includes, but is not limited to, the following: web publishing requires knowledge of HTML, properly locating and linking documents, FTPing web contents, graphics, text, sound, image mapping, etc.; FrontPage web publishing requires knowledge of the FrontPage tools as well as SSH and FTP understanding and capability; CGI-scripts requires knowledge of the UNIX environment, tar, gunzip commands, Perl, CShell scripts, permissions, etc.; and mail requires knowledge of use of mail clients to receive and send mail, etc. You acknowledge that you have the necessary knowledge to create, modify and maintain your website. SoHoHosting.net assumes no responsibility to provide you with such knowledge.

1.4. In connection with the Services, SoHoHosting.net may provide certain tools and software, including, but not limited to, certain specialty scripting software and/or certain programming language software for designing web sites (collectively, the "Tools"). Access to these Tools may be accessed via your Control Panel. These Tools are copyrighted and proprietary property owned by SoHoHosting.net. To the extent that such Tools are provided to you, you are granted a nonexclusive, nontransferable license to use the Tools in object-code form only for your internal use, solely in connection with the Services provided under this Agreement.

1.5. For server restoration purposes only, SoHoHosting.net makes full back-ups of web sites weekly, and backups of new/changed data nightly; however, SoHoHosting.net makes no guarantees of any kind, either expressed or implied, as to the integrity of these back-ups. You are responsible to maintain local copies of your website. If loss of data occurs due to an error of SoHoHosting.net, SoHoHosting.net will attempt to recover the data for no charge. Otherwise, SoHoHosting.net will attempt to recover the data from the most recent archive for a $75 fee.

1.6. SoHoHosting.net reserves the right to monitor its systems electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its accountholders or for any other reason it in good faith deems necessary. SoHoHosting.net will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of. It is not SoHoHosting.net intention that its Services or facilities be used in contravention of the Communications Decency Act of 1996 (the "CDA") or any other applicable law.

1.7. You agree to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the "DMCA") and acknowledge that SoHoHosting.net is a "service provider" under the DMCA and is therefore immune from liability under the DMCA, including 17 U.S.C. § 512. Consistent with the DMCA, SoHoHosting.net will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, SoHoHosting.net has a policy of terminating accountholders who are repeat copyright infringers.

1.8. Web sites are unmodified forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the content of web sites located on SoHoHosting.net servers nor the links to other web sites are screened, approved, reviewed or endorsed by SoHoHosting.net. SoHoHosting.net is not a publisher of any content that may be available through the links to and from them, and is acting solely as an Internet web-hosting service provider. The text and other material on such web sites are the opinion of the specific author and are not SoHoHosting.net statements of advice, opinion or information.

2. Limited Warranty

2.1 You acknowledge that the Services are provided "as is." Neither SoHoHosting.net, nor any of its employees or agents, warrants that the Services will be uninterrupted, error free or free from viruses or other harmful components. SoHoHosting.net is not responsible for and hereby disclaims any warranties, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or completeness, non-infringement, merchantability or fitness for a particular purpose of information available on its servers or residing on or passing through its interconnecting networks. Use of information obtained from or through the Services is at your risk. Under no circumstances will SoHoHosting.net be liable to you or any other person for any loss or damage caused by your reliance on information available on its servers or obtained through the Services.

3. Limitation of Liability

3.1. IN NO EVENT SHALL SoHoHosting.net BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE SoHoHosting.net SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF SoHoHosting.net SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF SoHoHosting.net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SoHoHosting.net MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO SoHoHosting.net FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SoHoHosting.net LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

4. Indemnification

4.1. You agree to indemnify, defend and hold SoHoHosting.net and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto SoHoHosting.net servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, graphy, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to SoHoHosting.net equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by SoHoHosting.net gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.

5. Lawful Purpose

5.1. SoHoHosting.net reserves the right to refuse service to anyone. Customers may only use SoHoHosting.net services for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. SoHoHosting.net expressly forbids anyone from using SoHoHosting.net services for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or graphic, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of SoHoHosting.net management.

6. Payment of Fees

6.1. SoHoHosting.net reserves the right to change the pricing of any service as market conditions warrant. SoHoHosting.net will publish a notice of fee increases at least 30 days before such increases take effect on it's web site, and will notify each customer by e-mail.

6.2. You agree to provide SoHoHosting.net with accurate and complete billing information, including your legal name, address, telephone number, e-mail address and applicable payment date and to update this information immediately if any change occurs. You must secure your account with a valid credit card, check or U.S. money order. Payments must be submitted in advance of receiving the Services. Check or money order will not be accepted for monthly service contracts.

6.3. You acknowledge that SoHoHosting.net will bill your credit card prior to the Payment Interval you have chosen. You authorize automatic billing by SoHoHosting.net on an on-going basis during the term of this Agreement.

6.4. Delinquent accounts are those that remain unpaid at the date payment is due. The Services will be suspended if your account is delinquent on the 7th day past the payment due date, and SoHoHosting.net will insert a message at your website indicating your suspension that visitors to your website will see. Notwithstanding any other rights SoHoHosting.net may have in this Agreement, all of your website contents will be destroyed if your account is delinquent for 30 days. SoHoHosting.net accounts continue to accrue charges while they are delinquent or if the Services are suspended. SoHoHosting.net reserves the right to assess a 20% late fee on any delinquent account.

6.5. You acknowledge responsibility for your account until payment in full is made.

7. Use and Misuse of the Services

7.1. All complaints of abuse, violation and misuse of the Services, whether described in this Section or otherwise, shall be investigated promptly. You are responsible for all use of your website, with or without your knowledge or consent.

7.2. You agree to use the Services only for lawful purposes, in compliance with all applicable laws. Illegality includes, but is not limited to, drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEGs, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law, such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited.

7.3. When SoHoHosting.net becomes aware of possible violations of this Agreement, SoHoHosting.net may initiate an investigation that may include gathering information from you and the complaining party, if any, and examination of material on SoHoHosting.net servers. SoHoHosting.net, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of this Agreement could subject you to criminal or civil liability.

7.4. BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD SoHoHosting.net HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY SoHoHosting.net AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES WHATSOEVER FROM SoHoHosting.net AS A RESULT OF SoHoHosting.net DECISION TO REMOVE MATERIAL FROM ITS SERVERS, WARN YOU, SUSPEND OR TERMINATE YOUR ACCOUNT, OR TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF SoHoHosting.net CONCLUSION THAT A VIOLATION HAS OCCURRED. THIS WAIVER APPLIES TO ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT.

8. Use and Misuse of Materials

8.1. Materials in the public domain (e.g., images, text, and programs) may be downloaded or uploaded using the Services. You may also re-distribute materials in the public domain. You assume all risks regarding the determination of whether the material is in the public domain.

8.2. You are prohibited from storing, distributing or transmitting any unlawful material through the Services. Examples of unlawful material include, but are not limited to, threats of physical harm, child ography, and copyrighted, trademarked and other proprietary material used without proper authorization. Pornography and -related merchandising, or links to such material, even if legal, are not acceptable uses of SoHoHosting.net servers. You may not post, upload or otherwise distribute copyrighted material on SoHoHosting.net servers without the consent of the copyright holder.

8.3. Unacceptable uses of website content also include the presence of the following programs or the activities associated with them, regardless of whether or not any actual intrusion results in the corruption or loss of data: server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network; attempts to circumvent any user authentication or security of host, network, or account; accessing data not intended for user; probing the security of any network; spawning dozens of processes; port scans, ping floods, packet spoofing, and forging router information; denial of service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land and teardrop; promulgation of viruses; and IRC bots, such as eggdrop or BitchX.

8.4. SoHoHosting.net supports free speech on the Internet and will not suspend or cancel your account simply because it disagrees with your views expressed at your website. However, examples of unacceptable activities include posting private information about a person without his or her consent, defaming a person or business, and knowingly making available code that will have a deleterious effect on third-party computers. Where there are allegations that your on-line activity has violated the legal rights of a third party, SoHoHosting.net will not substitute itself for a court of law in deciding tort claims raised by the third party.

9. Email Use

9.1. Unacceptable affronts to netiquette and unacceptable activities include, but are not limited to, the following: spamming (sending unsolicited advertising to those with which you have no existing business relationship and posting off-topic advertising in newsgroups); spoofing (using a return email address that is not the valid reply address of the sender or sending an email message that does not contain enough information to enable the recipient to identify you); passive spamming (promoting a website hosted by SoHoHosting.net by spamming from some other source); trolling (posting controversial messages in newsgroups to generate responses); mailbombing (inundating a user with email without any serious intent to correspond or sending large or multiple files to a user); generating a higher volume of outgoing mail than a normal user (over 10% of available system resources); propagating chain letters; and subscribing someone else to an electronic mailing list without that person's permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distribute unsolicited email. If you are repeatedly mailbombed or attract such behavior, the Services will be terminated.

9.2. You should not send email to any user who does not wish to receive it, either at SoHoHosting.net or elsewhere. SoHoHosting.net recognizes that email is an informal medium; however, you must refrain from sending further email to a user after receiving a request to stop.

9.3. You may not alter the headers of email messages to disguise their identity or to prevent users from responding to the messages. SoHoHosting.net may disclose the usernames of accounts responsible for forged email messages to system administrators or users requesting the information.

9.4. Violations of the SoHoHosting.net policies outlined herein can sometimes result in massive numbers of email responses. If you receive so much email that SoHoHosting.net resources are affected, SoHoHosting.net staff may shut down your mailbox.

10. System Security

10.1. You are prohibited from utilizing the Services to compromise the security of system resources or accounts on servers at SoHoHosting.net or at any other site. Use or distribution of tools designed for compromising security or containing viruses or trojans are prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

10.2. If you are involved in violations of system security, SoHoHosting.net reserves the right to release all usernames of users involved in such violations to system administrators at other sites in order to assist them in resolving security incidents. SoHoHosting.net will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.

11. System Resources

11.1. System abuse includes any use of SoHoHosting.net resources that disrupts the normal use of its servers or services for others. Examples of system abuse include running excessive numbers of processes or consuming excessive amounts of CPU time, memory or disk space.

11.2. Any usage of 10% or more of SoHoHosting.net system resources is an undue burden on SoHoHosting.net system and is unacceptable. If your usage ever exceeds 10% of system resources, your account may be terminated immediately and without prior notice.

11.3. Further, running programs in the background on a SoHoHosting.net server without SoHoHosting.net prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, more then 1,000 emails a day and the like are not acceptable uses of SoHoHosting.net servers.

12. Right to Terminate Agreement

12.1. SoHoHosting.net reserves the right to suspend or terminate the Services to you and remove or prevent access to any material from your website at any time, without prior notice or liability, for any conduct that SoHoHosting.net, in its sole discretion, believes violates this Agreement or is otherwise harmful to SoHoHosting.net interests or the interests of other accountholders.

12.2. SoHoHosting.net also reserves the right to comply with the take-down provisions of the DMCA and to seek injunctive, declaratory, interpleader or other judicial or equitable relief (and, pending such action, to suspend all access to your website) if any third-party claim is made that your website content or use violates any of the acceptable uses or your obligations or representations described in this Agreement.

13. Cancellation of Service

13.1. SoHoHosting.net reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by SoHoHosting.net if SoHoHosting.net institutes it's right of cancellation.

13.2. Any violation of policy which results in extra costs will be billed to the customer. SoHoHosting.net reserves the right to deny a refund or credit when a customer requests early termination of service that is not the fault of SoHoHosting.net or its suppliers.

13.3. All orders, sales, rents, time-frames, and terms are final. Once the service is ordered there is no refund if the service contract is canceled by the customer before the regular expiration or anniversary date. SoHoHosting.net reserves the right to deny any 30 day money back guarantee.

13.4. All server and hosting contracts are automatically renewed for another term unless a written notice of cancellation is given by the customer at least 15 days in advance of the renewal or anniversary date. For security purposes, all cancellation requests must be made by faxing a signed letter with the name of the domain, account username and password, and copy of photo ID (driver's license) to. If no correct notice of cancellation is received by SoHoHosting.net, as noted above, the service contract will be automatically renewed for another term under the same terms and conditions.

14. Miscellaneous

14.1. You may not assign your rights and obligations under this Agreement without the prior written consent of SoHoHosting.net, which may be withheld at SoHoHosting.net discretion. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of SoHoHosting.net to require your performance of any provision hereof shall not affect the right to require such performance thereafter; nor shall the waiver by SoHoHosting.net of a breach of any provision hereof be taken or held to be a waiver of the provision itself. Any action for any claim arising under, or in connection with, this Agreement must be commenced by you within one year after the alleged cause of action has accrued or after the date of termination of this Agreement, whichever is earlier. In the event that any provision of this Agreement is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of this Agreement. Such provision may be amended or replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the parties as reflected in the original provision. No provision of this Agreement may be amended or modified by you except by means of a written document signed or expressly assented to by SoHoHosting.net. All terms and conditions of this Agreement that should by their nature survive termination of this Agreement shall so survive. This Agreement and the Online Order form, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and SoHoHosting.net and supersede and govern all prior proposals, agreements, or other communications.

14.2. SoHoHosting.net has a responsibility to ensure that each of our clients is provided with the best services we have available. While we back up files continuously, we are in no way responsible for the archiving of a site. It is the sole responsibility of the site creator to copy, back-up or archive all files that constitute a web site. The following guidelines also apply:

Content
All services provided by Web Host Solutions 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, material we judge to be threatening or obscene or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless SoHoHosting.net from any claims resulting from the use of the service, which damages the subscriber or any other party.

Pornography and -related merchandising is prohibited on all SoHoHosting.net servers. This includes sites that may infer sexual content or links to adult content elsewhere. SoHoHosting.net 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 SoHoHosting.net 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

SoHoHosting.net will be the sole arbiter as to what constitutes a violation of this provision.

Traffic Bandwidth Allocation
SoHoHosting.net provides specific data transfer bandwidth per month for each of its hosting plans. When an account exceeds these preset limits, SoHoHosting.net will invoice the customer by email and automatically charge their account an additional $15.00 for each GB (giga byte) of bandwidth overage.

Commercial Advertising - Email
Spamming, or the sending of unsolicited email, from an SoHoHosting.net server or using an email address or domain that is maintained on an SoHoHosting.net machine as reference is STRICTLY prohibited. SoHoHosting.net will be the sole arbiter as to what constitutes a violation of this provision.

Chat Rooms
We do not allow clients to install their own chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option.

Background Running Programs
We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

We currently do not allow IRC or IRC bots to be operated on our servers

Domain Pointing
Domain pointers are to be used for the purpose of having more than one way to find the same site, not for the purposes of sharing an account among multiple sites. A domain pointer may not be set up to reference a sub-directory within an existing Web hosting account served by SoHoHosting.net or any other provider.

Server Abuse
Any attempt to undermine or cause harm to a server, or customer, of SoHoHosting.net is strictly prohibited, and will result in immediate termination or prosecution.

Refusal of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion.

By clicking the "Submit Order" button, you agree to be bound by and to comply with this Agreement just as if you had signed it, and clicking the "Submit Order" button is the legal equivalent of your signature on a written contract.

All Sub-Networks, distributive hosting sites and dedicated servers of SoHoHosting.net must adhere to the above policies.

Failure to follow any term or condition will be grounds for immediate account deactivation and loss of any paid fees.

Acceptable Use Policy

SoHoHosting.net seeks to maintain its excellent reputation as a high-quality web hosting company. Accordingly, it is important to us that our customers use our services both responsibly and courteously. The following identifies unacceptable uses of SoHoHosting.net services, which will result in suspension and/or termination of the customer's account:

1. Affronts to Etiquette

1.1. Unacceptable activities include spamming (sending unsolicited advertising to those with which the customer has no existing business relationship, posting off-topic advertising in newsgroups, or cross-posting); spoofing (using a return email address which is not the valid reply address of the sender or sending an email message which does not contain enough information to enable the recipient to identify the party who is sending the message; passive spamming (promoting a web site hosted by SoHoHosting.net by spamming from some other source), trolling (posting controversial messages in newsgroups to generate responses), mailbombing (inundating a user with email without any serious intent to correspond), generating a higher volume of outgoing mail than a normal user (over 10% of available system resources), and subscribing someone else to an electronic mailing list without that person's permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distributed unsolicited email. Any customer repeatedly "mailbombed" or that attracts such behavior will find their account terminated.

2. Age

2.1. The client must be 18 years of age or older to obtain our service.

3. Abuse of the Legal Rights of Others

3.1. Examples of unacceptable activities in this regard include posting private information about a person without their consent, infringing intellectual property rights, defaming a person or business, and knowingly making available code which will have a deleterious effect on third party computers. SoHoHosting.net supports free speech on the Internet and will not suspend or cancel a customer's account simply because it disagrees with the views expressed by the customer. Where there are allegations that a customer's online activity has violated the legal rights of a third party, SoHoHosting.net will not substitute itself for a court of law in deciding tort claims raised by the third party.

4. Abuse of the Law

4.1. SoHoHosting.net services may be used for lawful purposes only. Illegality includes, but is not limited to: drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEG's, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law such as the Electronic Communications Privacy Act , the Computer Fraud and Abuse Act , or the Economic Espionage Act. Linking to illegal material is also prohibited. SoHoHosting.net reserves the right to check system files, email, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary.

5. Pornography

5.1. Pornography, sex-related merchandising, or links to such material, even if legal, is not an acceptable use of SoHoHosting.net services.

6. Abuse of Server Resources

6.1. Running programs in the background on our servers without prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, more then 1000 emails a day and the like are not acceptable uses of SoHoHosting.net servers. Further, any usage of ten percent (10%) or more of our system resources is an undue burden on our system and is unacceptable. If your usage ever exceeds ten percent (10%) of system resources, your account may be terminated immediately and without prior notice. In addition any domain that exceeds ten gigabytes of bandwidth traffic can be terminated without prior notice. SoHoHosting.net can set additional domain names to be pointed to your site's IP address for a one time $25 setup fee per additional domain name. Usage of scripts or other utilities to direct pointed domain names to sub-directories is not permitted and is grounds for termination of the account. Further, You may only have a total of 5 concurrent mysql connections, also databases which exceed 10MB can result in suspension or termination of account.

7. Hacking / Cracking

7.1. SoHoHosting.net reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution.

7.2. The following examples of unacceptable behavior are non-exclusive, and are provided for guidance purposes. If you are unsure if your actions will be a violation of our policies, please contact SupportSoHoHosting.net

7.3. Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network Attempt to circumvent any user authentication or security of host, network, or account. Accessing data not intended for user. Probing the security of any network. Spawning dozens of processes. Port scans, ping floods, packet spoofing, forging router information, Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land, teardrop. Promulgation of viruses. IRC bots such as eggdrop or BitchX. Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken. The presence of any of these programs, whether or not run, will result in action against the user including suspension or termination. Scumware is also prohibited.

8. Client Responsibility

8.1. The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of SoHoHosting.net service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of SoHoHosting.net to provide this knowledge or support outside matter specific to SoHoHosting.net servers.

9. Backups

9.1. Full backups are made weekly, and backups of new/changed data made nightly. 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 any information. If loss of data occurs due to an error of SoHoHosting.net, we will attempt to recover the date for 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, SoHoHosting.net will attempt to recover the data from the most recent archive for a $50.00 fee.

10. IP Numbers

10.1. SoHoHosting.net maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

11. Limitation of Liability

11.1. SoHoHosting.net shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from our servers going off-line or being unavailable for any reason whatsoever. Further, SoHoHosting.net shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of SoHoHosting.net servers. All damages shall be limited to the immediate termination of service.

11.2. SoHoHosting.net shall be the sole arbiter of what is and is not a violation of these acceptable use policies. SoHoHosting.net reserves the right to terminate an account at any time and for any reason that causes harm to any SoHoHosting.net customer's web sites. SoHoHosting.net reserves the right to delete all content and files upon termination. SoHoHosting.net reserves the right to withhold any prepaid funds for any site removed for violations of these policies. SoHoHosting.net reserves the right to refuse, cancel, or suspend service at our sole discretion.

SoHoHosting.net reserves the right to change the Acceptable Use Policy without prior notice or warning. Non-enforcement of any part of the Acceptable Use Policy does not constitute consent.

Failure to follow any term or condition will be grounds for
immediate account termination and loss of any paid fees.

Please contact our Web Master with questions or comments.
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