Terms of Service
Houston’s Host Acceptable Use Policy &
Hosting Service Agreement
Acceptable Use Policy
This Acceptable Use Policy (“Policy” or “AUP”) describes the Prohibited Uses of Houston’s Host’s hosting services (“Services”). This Policy is incorporated within our terms and conditions by reference. Houston’s Host reserves the right to modify the Policy at any time and the modified policy is effective upon posting on the Houston’s Host website. Any violation of the Policy may result in the suspension, termination of your account, or such other action that Houston’s Host deems appropriate. This Policy outlines the uses of our Services that are prohibited and is by no means exhaustive. By using our Services, you affirm that you have read and agreed to be bound by the terms of this policy.
- Prohibited Uses:
- Illegal Use:
Houston’s Host’s servers may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited.
Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret, or other intellectual property right used without proper authorization. Infringement may result from, among other activities, the unauthorized copying and posting of pictures, logos, software, articles, musical works, and videos.
- Offensive Materials:
Transmission, disseminating, sale, storage or hosting material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
- Export Violations:
Posting or sending of software or technical information in violation of U.S. export laws, including, without limitation, the Export Administration Act and the Export Administration Regulations maintained by the Department of Commerce.
- Harmful Content:
Disseminating or hosting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
- Fraudulent Conduct:
Offering or disseminating fraudulent goods, services, schemes, or promotions (i.e., make money fast schemes, chain letters, pyramid schemes), or furnishing false data on any signup form, contract or online application or registration, or the fraudulent use of any information obtained through the use of the Services, including without limitation use of credit card numbers.
Houston’s Host STRICTLY prohibits the use of spam and all spamming tactics. We take spam complaints very seriously. Your account can be shut down immediately at the discretion of Houston’s Host if we detect Spamming associated with your site
This included but is not limited to:
1) The sending of Unsolicited Bulk or individual email associated with or pointing to your domain. (Unsolicited means that you lack affirmative consent from the recipient)
2) The use of our servers to relay spam.
- Illegal Use:
- Network Security:
Violations of system or network security are prohibited and may result in criminal and civil liability. Houston’s Host will investigate incidents involving such violations and may involve and/or cooperate with law enforcement authorities if a criminal violation is suspected. Examples of unlawful acts, system, or network security violations include, but are not limited to, the following:
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, damage, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network. Unauthorized access to any data, system, or network from an unauthorized system or network for any purpose which is not lawful or which is intended to do harm.
- Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
Electronic forging of any kind to include but not limited to IP addresses, domains, business names, etc.
- Email Usage
Malicious email, including without limitation “mail bombing” (flooding a user or Web site with very large or numerous pieces of mail) or “trolling” (posting outrageous messages to generate numerous responses) is strictly prohibited.
In addition, you may not use Houston’s Host’s mail server or another Web site’s mail server to relay mail without the express permission of the account holder or the Web site. Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting) also is explicitly prohibited.
- Misuse of System Resources
It is a violation for anyone to post information or to include programs on the web space provided through the Services which consume excessive bandwidth, CPU time or storage space. In addition, You will not run daemons or other background processes without prior authorization from Houston’s Host.
- INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A HOUSTON’S HOST/ADVANCED WEB SITE PUBLISHING CUSTOMER OR A CUSTOMER’S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.
- Houston’s Host reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving Houston’s Host’s Services, Customers and other Users. Houston’s Host reserves all other rights to respond to violations of this Policy to the extent of applicable law and in accordance with any applicable contractual obligations.
Hosting Service Agreement
This Hosting Service Agreement (“Agreement”) between the account holder (“You”) and Houston’s Host
sets forth the terms and conditions of Your use of Houston’s Host’s web hosting services. This Agreement as well as any additional rules and policies, together with all modifications thereto as posted on our website, constitute the complete and exclusive agreement between You and Houston’s Host concerning Your use of Houston’s Host’s web hosting services and other services (“Services”). This Agreement supersedes and governs all other proposals, agreements, or any other form of communications made between You and Houston’s Host. By selecting Houston’s Host’s web hosting services You have agreed to establish an account with us for such services and upon submitting Your application for our Services (“Order”) You acknowledge that You have read, understood and agreed to be bound by all terms and conditions of relevant policies, as amended from time to time:
- Term and Payment for Services:
- Term of Commencement:
Billing is performed on the first of each month. Orders submitted anytime during the month will be pro-rated for that month.
- Initial Term:
This Agreement will have an initial term equal to that of the duration of the billing cycle. In the event that the billing cycle begins at a future date, then this Agreement shall have an initial term equal to that of the duration of the billing cycle plus the number of days until the beginning of the billing cycle.
- Renewal Terms:
If You wish to terminate the Services at the end of the Initial Term or any subsequent Renewal Terms, notice of intent to terminate must be given in written form, at least thirty (30) days prior to the termination date. Phone notification shall not be acceptable. If You fail to notify Houston’s Host of Your intent to terminate this Agreement, this Agreement will be automatically renewed for a period equal to the duration of the billing cycle (“Renewal Term”) at Houston’s Host’s then-current rates and charges.
- Fees and Expenses:
You will pay all fees due according to the prices and terms selected upon submitting Your Order and at the start of each Renewal Term thereafter. You agree that failure to indicate Your intent to terminate our Services grants Houston’s Host the authorization to charge Your credit or debit card for the amount specified during the Order at start of the Initial Term and at the start of each Renewal Term. Houston’s Host will not send any invoices regarding charges made to their credit or debit card. You may use Your credit card statement as a receipt. Accounts that are past due by more than thirty (15) calendar days shall be subject to immediate interruption of Service(s), with or without the grant of a notice and may constitute a breach of this agreement, such grant of notice or decision of breach is to be decided at the sole discretion of Houston’s Host. Houston’s Host may charge You a surcharge for repeated failed credit/debit card transactions and will assess a $25 surcharge for bounced checks.
You shall pay or otherwise be responsible for all federal, state, or local sales, use, excise, gross receipts, municipal fees, transfer, transaction, property, or similar taxes, fees, or surcharges (“Tax”) imposed on, or with respect to, the Services under this Agreement.
Houston’s Host or any of it’s affiliates or suppliers will not refund any setup or pre-paid hosting fees.
- Term of Commencement:
- Applicable Policies and Guidelines:
The Houston’s Host Acceptable Use Policy (the “Policy”) governs the general policies and procedures for use of the Services. The Policy is posted above and may be updated from time to time. YOU SHOULD CAREFULLY READ THE USAGE GUIDELINES. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE USAGE GUIDELINES AND ANY MODIFICATIONS TO THE TERMS. HOUSTON’S HOST MAY TERMINATE YOUR ACCOUNT FOR ANY VIOLATION OF THE POLICY OR THIS AGREEMENT.
- Services Use:
Bandwidth, Storage, and E-Mail Usage.
For Services, You will not exceed the bandwidth, storage and E-mail usage limits according to the plan You selected in the Order. If You use any bandwidth or storage space in excess of the agreed upon number of megabytes per month or if You exceed email storage and attachment size limitations, Houston’s Host may, in its sole discretion, assess You with additional charges, suspend the Service, or terminate this Agreement. If Houston’s Host elects to take any corrective action, Houston’s Host will not refund any unused pre-paid fees. Your use of Your account and access to it is Your responsibility. You are responsible for any unauthorized access to Your account resulting in bandwidth, storage and/or email usage exceeding the limits in accordance with the plan chosen in the Order and resultant charges.
You are solely responsible for any security breaches affecting servers or accounts under Your control. If your server or website is responsible for or involved in an attack on or unauthorized access into another server or system, Houston’s Host will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting Houston’s Host or any of its other customers.
- Your License Grant to Houston’s Host:
You grant to Houston’s Host a non-exclusive, worldwide, and royalty-free license for the Initial Term and the Renewal Term, if applicable, to edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display, and otherwise use Your content as necessary for the purposes of rendering and operating the Services to You under this Agreement. You expressly: (a) grant to Houston’s Host a license to cache materials distributed or made available for distribution via the Services, including content supplied by third parties, and (b) agree that this caching is not an infringement of any of Your intellectual property rights or any third party’s intellectual property rights.
- Your Warranties and Representations to Houston’s Host:
You warrant, represent, and covenant to Houston’s Host that: (a) You are at least 18 years of age; (b) You possess the legal right and ability to enter into this Agreement; (c) You will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (d) You will be financially responsible for the use of Your account; (e) You have acquired or will acquire all authorization(s) necessary for hypertext links to third-party Web sites or other content; (f) You have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including Your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) Your content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.
- Houston’s Host Materials and Intellectual Property:
All materials, including any computer software (in object code and source code form), data or information that Houston’s Host or its suppliers or agents develop or provide under this Agreement, and any know-how, methodologies, equipment, or processes Houston’s Host uses to provide the Services to You, including all copyrights, trademarks, patents, trade secrets, and any other proprietary rights inherent therein and appurtenant thereto will remain Houston’s Host’s or its suppliers’ sole and exclusive property. Houston’s Host will also maintain and control ownership of all Internet protocol (“IP”) numbers and addresses that Houston’s Host may be assign to You. Houston’s Host may, in its sole discretion, change or remove any and all IP numbers and addresses.
- Investigation of Violations:
Houston’s Host may investigate any reported violation of this Agreement, or its policies or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers or third parties. Houston’s Host will not access or review the contents of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process.
Houston’s Host may restrict or remove from its servers any content that violates this Agreement or related policies or guidelines, or is otherwise objectionable or potentially infringing on any third party’s rights or that potentially violates any laws. If Houston’s Host becomes aware that You have possibly violated this Agreement, any related policies or guidelines, third party rights or laws, Houston’s Host may immediately take corrective action, including: (a) issuing warnings, (b) suspending or terminating the Service, (c) restricting or prohibiting any and all uses of content hosted on Houston’s Host’s systems, and (d) disabling or removing any hypertext links to third-party Web sites, any of Your content distributed or made available for distribution via the Services, or other content not supplied by Houston’s Host that, in Houston’s Host’s sole discretion, may violate or infringe any law or third-party rights or that otherwise exposes or potentially exposes Houston’s Host to civil or criminal liability or public ridicule. It is Houston’s Host’s policy to terminate repeat violators. These rights of action, however, do not obligate Houston’s Host to monitor or exert editorial control over the information made available for distribution via the Services. If Houston’s Host takes corrective action because of a possible violation, Houston’s Host will not refund to You any fees You paid in advance of the corrective action.
- Disclosure Rights:
To comply with applicable laws and lawful governmental requests, to protect Houston’s Host’s systems and customers, or to ensure the integrity and operation of Houston’s Host’s business and systems, Houston’s Host may access and disclose any information it considers necessary or appropriate, including, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and content residing on Houston’s Host’s servers and systems. Houston’s Host may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.
- No Other Warranty:
THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND YOUR USE OF THE SERVICES IS AT ITS OWN RISK. HOUSTON’S HOST DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. HOUSTON’S HOST DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. HOUSTON’S HOST DOES NOT WARRANT THAT THE SOFTWARE, INCLUDING SECURITY SOFTWARE, OPERATES WITHOUT ERROR OR WILL PREVENT THIRD PARTY HACKING OR ACCESS TO YOUR NETWORKS.
- Limitation of Liability:
IN NO EVENT WILL HOUSTON’S HOST OR ITS SUPPLIERS HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. NEITHER HOUSTON’S HOST NOR ITS SUPPLIERS WILL HAVE LIABILITY WITH RESPECT TO HOUSTON’S HOST’S OBLIGATIONS UNDER THIS AGREEMENT, OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS) EVEN IF HOUSTON’S HOST HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE LIABILITY OF HOUSTON’S HOST AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO HOUSTON’S HOST UNDER THIS AGREEMENT DURING THE BILLING CYCLE IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM ACCRUED BUT IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS ($500.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY HOUSTON’S HOST UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. YOU AGREE THAT HOUSTON’S HOST IS NOT LIABLE FOR ANY LOST DATA OR CONTENT AND YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO MAINTAIN BACKUPS OF YOUR DATA. ACCORDINGLY, YOU RELEASE HOUSTON’S HOST AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED IN THIS SECTION.
You release and hold harmless, and agree to indemnify, Houston’s Host and its affiliates and suppliers and their respective employees, directors and representative against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys’ fees and other litigation expenses) incurred by Houston’s Host or its suppliers, arising out of or relating to: (a) Your violation or breach of any term, condition, representation or warranty of this Agreement, or any applicable policy or guideline; (b) Your improper or illegal use the Services; or (c) Your violation, alleged violation, or misappropriation of any intellectual property right (including trademark, copyright, patent, trade secrets) or non-proprietary right of a third party (including defamation, libel, violation of privacy or publicity).
- Force Majeure:
Except for the obligation to make payments, neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including, but not limited to, acts of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act or failure of the Internet (not resulting from the actions or inactions of Houston’s Host), provided that the delayed party: (a) gives the other party prompt notice of such cause, and (b) uses its reasonable commercial efforts to promptly correct such failure or delay in performance. If Houston’s Host is unable to provide Service(s) for a period of thirty (30) consecutive days as a result of a continuing force majeure event, You may cancel the Service(s), but there shall be no liability on the part of Houston’s Host.
- Agents, Licensees and Resellers:
You agree that, if You are purchasing our Services for or on behalf of another entity, You represent that You have the authority to bind that other entity as a principal to all terms and conditions provided herein. You agree that if You license the use of Your Services registered to You to a third party, You will remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both Your own full contact information, adequate to facilitate timely resolution of any problems that arise.
- Breach and Revocation:
Houston’s Host reserves the right to suspend, cancel or modify Your services we provide in the event You materially breach this Agreement and do not cure such breach within thirty (30) days of notice by Houston’s Host. You also agree that Houston’s Host shall have the right in its sole discretion to suspend, cancel or otherwise modify Your Services upon seven (7) calendar days prior written notice, or at such time as Houston’s Host receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation or modification of the Services.
- Right of Refusal:
We, in our sole discretion, reserve the right to refuse to do business with You, or to stop doing business with You. You agree to hold Houston’s Host harmless for any damages arising out of any form or cause of action that could arise from Houston’s Host’s actions.
- Governing Law:
Any disputes over this Agreement, Your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Texas, as if the Agreement was a contract wholly entered into and wholly performed within the State of New Jersey. Any action with respect to this Agreement or any matter relating to Your use of the Houston’s Host site shall be brought exclusively in the United States District Court for the District of Travis County, or if there is no jurisdiction in such court, then in the Superior Court of the State of Texas. You irrevocably consent to the exclusive jurisdiction of the State of Texas for any actions hereunder.
You agree that any notices required to be given under this Agreement by Houston’s Host to You will be deemed to have been given if delivered in accordance with the contact information supplied on the Order You have provided. For notices to Houston’s Host, Houston’s Host may be contacted via email at firstname.lastname@example.org or at the following address:
Advanced Web Site Publishing (Parent Company)
3267 Bee Cave Rd.STE 107-65
Austin, TX 78746
- Acceptance of Agreement:
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.