Terms of Services
Revision date: 2/2/2002

All services provided by The Hostworks ("The Hostworks") 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 The Hostworks from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to The Hostworks' 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

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, The Hostworks WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Traffic Usage
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $1.00 for each gig of traffic exceeded. This amount is not prorated, meaning that 1 mb - 1 gig will be treated and billed as the same.

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

Server Abuse
Any attempt to undermine or cause harm to a server or customer of The Hostworks is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

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

All sub-networks, distributive hosting sites and dedicated servers of The Hostworks must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Billing
By the Account Activation Date of each month, The Hostworks shall either:

(1) debit the client's credit card (when such information has been provided by the client); or

(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to The Hostworks by no later than the specified payment due date. The Hostworks shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

Service Fees
Certain services carry a setup fee charged by The Hostworks to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to The Hostworks and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.

Money back guarantee & refund policy
We offer a 30 day Money back guarantee.
Refunds: If client has retained the services for one year and has pre-paid The Hostworks for such services, refunds will be issued for any unused full month of the services, upon client's request. Therefore, if client's account is cancelled at any point during the one-year term, client will be entitled to a refund for the months remaining, after notice given by the 25th day of the preceding month.

Account Deactivations
Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation.

Cancellation Refunds
We DO NOT refund partial monthly fees to accounts. We require 30 days notice for a cancellation.

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

Limitation of Liability
The Hostworks shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from The Hostworks ' servers going off-line or being unavailable for any reason whatsoever. Furthermore, The Hostworks 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 The Hostworks ' servers. All damages shall be limited to the immediate termination of service.

Violations
Violations of these Acceptable Use Policies should be referred to legal@spamminder.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer
The Hostworks cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by The Hostworks are resold. Thus, certain equipment, routing, software and programming used by The Hostworks are not directly owned or written by The Hostworks. Moreover, The Hostworks holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as The Hostworks sees fit.

Account Activation
By activating your account with The Hostworks, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

Server Uptime Guarantee
The Hostworks guarantees 99.5% service (http, ftp, pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime.

The Hostworks reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.

Privacy
Revision date: 2/2/2002

The Hostworks has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Web site.

Information Automatically Logged

We use your IP address to help diagnose problems with our server and to administer our Web site. We use this information for no other reason.

Order Forms

Our site uses an order form for customers to request services. (128 bit encryption). We collect sensitive information which is used only for our purpose, not third party receives any type of information from us.

Contact information from the order forms is used to get in touch with the customer when necessary.

Billing information that is collected is used to bill the user for services.

Unique identifiers are collected from Web site visitors to verify the user's identity.

Demographic and profile data is also collected at our site.

We use this data to tailor our visitor's experience at our site showing them content that we think they might be interested in, and displaying the content according to their preferences.

Security

This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. We use strong SSL encryption to ensure your privacy.

Third Parties

Information collected on this site is strictly for our use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION, ETC.

Contacting the Web Site

If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact: legal@spamminder.com

Acceptable Use Policy
Revision date: 2/2/2002

As a provider of web site hosting and other Internet-related services, The Hostworks offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. The Hostworks respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, The Hostworks reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, The Hostworks has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using The Hostworks' services. This AUP will be revised from time to time.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that The Hostworks cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because The Hostworks cannot monitor or censor the Internet, and will not attempt to do so, The Hostworks cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that The Hostworks does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over The Hostworks' network and may reach a large number of people, including both subscribers and non-subscribers of The Hostworks, subscribers' postings to the Internet may affect other subscribers and may affect The Hostworks' goodwill, business, reputation or operations. For these reasons, subscribers violate The Hostworks policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Spamming:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward The Hostworks, but also because it can overload The Hostworks' network and disrupt service to The Hostworks' subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, The Hostworks will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore The Hostworks reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should The Hostworks choose to pursue and prosecute.

Audio/Video Streaming:
Audio/Video Streaming is not hosting friendly. As such, The Hostworks does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.

Adult-Oriented Content:
The Hostworks does not allow adult content and will suspend/terminate any offending account.

Large File Policy:
The Hostworks is not for file hosting and distribution - as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail legal@spamminder.com.

Obscene Speech or Materials:
Using The Hostworks' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. The Hostworks is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Language:
Using The Hostworks' network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups:
The Hostworks reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other Activities:
Engaging in activities, whether lawful or unlawful, that The Hostworks determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. The Hostworks will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with The Hostworks' policy or applicable law. However, when The Hostworks becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by The Hostworks.

The Hostworks is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching The Hostworks' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. The Hostworks does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. The Hostworks reserves the right to directly take action against a customer of its subscribers. Also, The Hostworks may take action against the The Hostworks' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, The Hostworks anticipates that subscribers who offer Internet services will cooperate with The Hostworks in any corrective or preventive action that The Hostworks deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of The Hostworks policy.

The Hostworks will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. The Hostworks may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, The Hostworks may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. The Hostworks assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, The Hostworks may disclose subscriber information or information transmitted over its network where necessary to protect The Hostworks and others from harm, or where such disclosure is necessary to the proper operation of the system. However, The Hostworks will never sell information to other services or outside companies.

The Hostworks expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate The Hostworks policy. Finally, The Hostworks wishes to emphasize that, in signing the Service Agreement, subscribers indemnify The Hostworks for any violation of the Service Agreement, law or The Hostworks policy resulting in loss to The Hostworks or the bringing of any claim against The Hostworks by any third party. This means that, if The Hostworks is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against The Hostworks, plus costs and reasonable attorney's fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including The Hostworks and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to legal@spamminder.com.