Terms of Service and Acceptable Use Policy

Agreeing to Hosting-with-extras Acceptable Use Policy and Terms of Service is mandatory for webhosting signing up or using our services. Please make sure you read everything. If you have any questions Contact Us.

Hosting-with-extras Acceptable Use Policy

Hosting-with-extras Acceptable Use Policy is provided to give our customers and users a clear understanding of what Hosting-with-extras expects of them while using the service. All users of Hosting-with-extras Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this Acceptable Use Policy and our Terms of Service.

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary web sites. However, in accordance with our Terms Of Service, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this Acceptable Use Policy. Hosting-with-extras will cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this Acceptable Use Policy may result in the suspension or immediate termination of either your Hosting-with-extras account or other actions as detailed below WITHOUT PRIOR NOTICE.

This document is intended to provide a basic understand of Hosting-with-extras Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Hosting-with-extras Acceptable Use Policy:

• Ensure reliable service to our customers
• Ensure security and privacy of our systems and network, as well as the networks and systems of others
• Comply with existing laws
• Maintain our reputation as a responsible service provider
• Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
• Preserve the value of Internet resources as a conduit for free expression and exchange of information
• Preserve the privacy and security of individual users

Hosting-with-extras intends to provide its customers access to everything the Internet has to offer. While Hosting-with-extras is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both Hosting-with-extras and the Internet and cannot be permitted under the guise of free speech. The resources of Hosting-with-extras and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

You may not use your web site to publish material, which Hosting-with-extras.com determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

If a Hosting-with-extras account is used to violate the Acceptable Use Policy or our Terms Of Service, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at abuse@Hosting-with-extras.com.

VIOLATIONS of Hosting-with-extras Acceptable Use Policy

The following constitute violations of this Acceptable Use Policy:

1. Illegal use: Hosting-with-extras services may not be used for illegal purposes, or in support of illegal activities. Hosting-with-extras reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. Content that condones, promotes, contains or links to warez, cracks, hacks, their associates utilities or other piracy-related information, whether for educational purposes or not.
2. Harm to minors: Use of Hosting-with-extras service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography, child pedophiliac material (pedo hard pics).
3. Objectionable Content: Use of hosting-with-extras service to transmit, display or link to any materials, which contains nudity, pornography, adult content, sex, extreme voilence, racist, foul language or oterwise extremely offensive to others.
4. Threats: Use of Hosting-with-extras service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
5. Harassment: Use of Hosting-with-extras service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another, defames or abuses others.
6. Fraudulent activity: Use of Hosting-with-extras service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
7. Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
8. Other: Content that contains, links to, participates in gambling, raffles, lotteries, etc. Content that provides, sells, or offers to sell: controlled substances, illegfal drugs, drug contraband, alcohol, weapons, pirated materials, pornography or sexula products, illegal goods, escort services, instructions on making, assembling, or obtaining illegal goods or weapons.
9. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of Hosting-with-extras service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Hosting-with-extras account.
10. E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Hosting-with-extras account.
11. E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through Hosting-with-extras service is in violation of this Acceptable Use Policy.
12. Usenet SPAMing: Hosting-with-extras has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
13. Unauthorized access: Use of Hosting-with-extras service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Hosting-with-extras or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Hosting-with-extras account is subject to immediate termination.
14. Copyright or trademark infringement: Use of Hosting-with-extras service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret, intellectual property infringement or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
15. Collection of personal data: Use of Hosting-with-extras service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
16. Network disruptions and unfriendly activity: Use of Hosting-with-extras service for any activity which affects the ability of other people or systems to use Hosting-with-extras Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the customer's responsibility to ensure that their network is configured in a secure manner. A customer may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A customer may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. Hosting-with-extras will not tolerate any customer attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
17. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
18. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
19. Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
20. Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Hosting-with-extras services will result in suspension of service.
21. Third Party Accountability: Hosting-with-extras customers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.
22. Banned Scripts: The following scripts are banned from use on our hosting and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.
    • IRC egg drops
    • Proxy servers
    • Mail bombers
    • Anonymous mailers
    • IP spoofers
    • Port scanners
    • nph-proxy
    • UBB (Ultimate Bulletin Board, all versions)
    • Ikonboard, Yabb (all versions)
    • lstmrge.cgi
    • FormMail.cgi, FormMail.pl from Matt's Script Archive are not allowed.

Security

The customer is responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

• Your password provides access to your account. It is your responsibility to keep your password secure.
• Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
• Attempting to obtain another user's account password is strictly prohibited, and will result in termination of service.
• You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
• You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
• You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
• Users who violate systems or network security may incur criminal or civil liability. Hosting-with-extras will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Network Performance

Hosting-with-extras accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and will result in termination of your account.

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of Hosting-with-extras systems or networks. Hosting-with-extras reserves the right to terminate or limit such activities.

REPORTING VIOLATIONS of Hosting-with-extras Acceptable Use Policy

Hosting-with-extras requests that anyone who believes that there is a violation of this Acceptable Use Policy direct the information to the Abuse Department at abuse@Hosting-with-extras.com.

If available, please provide the following information:

• The IP address used to commit the alleged violation
• The date and time of the alleged violation, including the time zone or offset from GMT
• Evidence of the alleged violation

E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. Hosting-with-extras may take any one or more of the following actions in response to complaints:

• Issue written or verbal warnings
• Suspend the customer's newsgroup posting privileges
• Suspend the customer's account
• Terminate the customer's account
• Bill the customer for administrative costs and/or reactivation charges
• Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations

REVISIONS to this Acceptable Use Policy

Hosting-with-extras reserves the right to revise, amend, or modify this Acceptable Use Policy, our Terms of Service and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our Terms of Service.

Terms of Service

Hosting-with-extras.com ("The Company") agrees to furnish services to the Customer, subject to the following Terms of Service.

Use of Hosting-with-extras service constitutes acceptance and agreement to Hosting-with-extras Acceptable Use Policy as well as Hosting-with-extras Terms of Service.

All provisions of this contract are subject to the Terms of Service of Hosting-with-extras and Acceptable Use Policy. The Acceptable Use Policy may be changed from time to time at the discretion of the Company. Customer understands that change to the Acceptable Use Policy by the Company shall not be grounds for early contract termination or nonpayment.

This Agreement shall be construed in all respects in accordance with the laws of the province of British Columbia, applicable to contracts enforceable in that province. Venue will be Burnaby, British Columbia.

1. Disclosure to Law Enforcement: The Acceptable Use Policy specifically prohibits the use of our service for illegal activities. Therefore, Customer agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Customer. In addition Hosting-with-extras shall have the right to terminate all service set forth in this Agreement.
2. Service Rates: Customer acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Customer. Customer is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
3. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. The above applies to all accounts and services provided by Hosting-with-extras.
4. Payments and Fees: NSF cheques are subject to a $20.00 bank charge fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $20 reconnect charge. Accounts not paid by due date are subject to a $7.95 late fee. Accounts that are not collectable by Hosting-with-extras may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this Terms Of Service.
5. Refund and Disputes: All payments for web hosting are nonrefundable. This includes any setup fees and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred.
6. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
7. Account Cancellation: Requests for canceling accounts may be made in writing or e-mail with at least 30 days notice. Or you may fax the cancellation request to 1-604-430-4054 with the following information:
   • Your name
   • Your domain name
   • Web hosting username
   • Hosting Plan
   • Your e-mail address
   • Reason for cancelling
8. Customer acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, customer agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Customer further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by the customer for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
9. SPAM and Unsolicited Commercial E-mail (UCE): Hosting-with-extras takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply this means that customers of Hosting-with-extras may not use or permit others to use our network to transact in UCE. Violations of this policy carry severe penalties, including termination of service.
   1. Violation of Hosting-with-extras SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Hosting-with-extras will initiate an immediate investigation (within 48 hours of notification). During the investigation, Hosting-with-extras will restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Hosting-with-extras will terminate customer's account. Further, Hosting-with-extras reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Hosting-with-extras will notify law enforcement officials if the violation is believed to be a criminal offense.
   2. Violations of this policy will result in an "Administrative Fee" of $500 and your account will be immediately termination. Users who violate this policy agree that in addition to the"Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that Hosting-with-extras personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
10. Network
    1. IP Address Ownership: If Hosting-with-extras assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Hosting-with-extras, and Customer shall have no right to use that Internet Protocol address except as permitted by Hosting-with-extras in its sole discretion in connection with the Services, during the term of this Agreement. Hosting-with-extras shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Hosting-with-extras, and Hosting-with-extras reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that customers are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
    2. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Hosting-with-extras will monitor Customer's bandwidth and disk usage. Hosting-with-extras shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Hosting-with-extras sole and absolute discretion. If Hosting-with-extras takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Hosting-with-extras may, at its sole discretion, collect a deposit, in an amount determined by Hosting-with-extras.
    3. System and Network Security: Users are prohibited from violating or attempting to violate the security of Hosting-with-extras Network. Violations of system or network security may result in civil or criminal liability. Hosting-with-extras will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting customers who are involved in such violations. These violations include, without limitation:
       1. Accessing data not intended for such customer or logging into a server or account, which such customer is not authorized to access.
       2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
       3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
       4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
       5. Taking any action in order to obtain services to which such User is not entitled.
11. Notification of Violation:
    1. Hosting-with-extras is under no duty to look at each customer's activities to determine if a violation of the Acceptable Use Policy has occurred, nor do we assume any responsibility through our Acceptable Use Policy to monitor or police Internet-related activities.
    2. First violation: Any Customer that Hosting-with-extras determines to have committed a violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
    3. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
12. Suspension of Service or Cancellation: Hosting-with-extras reserves the right to suspend network access to any customer if in the judgment of Hosting-with-extras network administrators the customer's server is the source or target of the violation of any of the other terms of the Acceptable Use Policy or for any other reason which Hosting-with-extras chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
13. Policy Amendments: Hosting-with-extras reserves the right to amend its policies at any time. Failure to follow any term or condition will be grounds for immediate cancellation.
14. Indemnification: Hosting-with-extras wishes to emphasize that in agreeing to Hosting-with-extras Acceptable Use Policy and Terms of Service, customer indemnifies Hosting-with-extras for any violation of the Acceptable Use Policy and Terms of Service that results in loss to Hosting-with-extras or the bringing of any claim against Hosting-with-extras by any third-party. This means that if Hosting-with-extras is sued because of a customer's activity, the customer will pay any damages awarded against Hosting-with-extras, plus all costs and attorney's fees.
15. Limitation of Liability: Hosting-with-extras shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Hosting-with-extras servers going off-line or being unavailable for any reason whatsoever. Furthermore, Hosting-with-extras shall not be responsible for any claimed damages, including incidental and consequential damages, resulting from the corruption or deletion of any web site from one of Hosting-with-extras servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Use Policies should be referred to abuse@hosting-with-extras.com. All complaints will be investigated promptly.
16. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
    1. A waiver by the Company of any breach of any provision of this Agreement by customer shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
    2. Customer shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to customer. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
    3. Hosting-with-extras takes no responsibility for any material input by others and not posted to Hosting-with-extras Network by Hosting-with-extras. Hosting-with-extras is not responsible for the content of any other web sites linked to Hosting-with-extras Network; links are provided as Internet navigation tools only. Hosting-with-extras disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
    4. Hosting-with-extras is not responsible for any damages your business may suffer. Hosting-with-extras does not make implied or written warranties for any of our services. Hosting-with-extras denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Hosting-with-extras.
    5. It is absolutely forbidden to host pornographic content. Any accounts found hosting this material will be subject to immediate cancellation without refund.
17. Responsibility for Content: You, as Hosting-with-extras customer, are solely responsible for the content stored on and served by your Hosting-with-extras server. Customers are responsible for regularly monitoring and creating backups of their own files.

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