TERMS OF SERVICE

ALL SERVICES PROVIDED BY THEHOSTINGSQUAD (“THEHOSTINGSQUAD”) 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 THEHOSTINGSQUAD 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 THEHOSTINGSQUAD’ SERVERS, OR ANY OTHER SERVER ON THE INTERNET. LINKS TO SUCH MATERIALS ARE ALSO PROHIBITED.

EXAMPLES OF UNACCEPTABLE CONTENT OR LINKS:

PORN /ADULT CONTENT
PIRATED SOTFWARES
PRIATED MUSIC
WAREZ SITE
HACKER TOOLS
DDOS/DOS TOOL
SEX RELATED CONTENT
NOTICE: IF YOUR ACCOUNT OR VPS IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT  OR VPS WILL BE TERMINATED OR SUSPENDED IMMEDIATELY, WITH OR  WITHOUT NOTICE, AND YOU WILL BE BANNED FROM OUR SERVERS/SERVICES WE MAY ALSO RESERVE THE RIGHT TO REPORT TO THE AUTHORITIES OF YOUR ACTIONS.

YOU MAY CONTACT US IF YOUR SERVICE WAS SUSPENDED. IF WE DID NOT GET ANY RESPONSE FROM YOU IN 24HOURS TIME WE WILL TERMINATE YOUR ACCOUNT OR VPS WITH OR WITHOUT NOTICE, IF YOU NEED MORE TIME TO RESPOND PLEASE LET US KNOW WITHIN 24 HOURS .YOU MAY NEED TO PAY FOR ANY EXTRA FEES TO GET YOUR SERVICE UN-SUSPENDED.FEES CHARGES WILL WILL DEPEND ON THE SITUATION, THERE MAY OR MAY NOT BE ANY FEES TO GET YOUR SERVICE UN-SUSPENDED.

PAYMENTS
IF YOU FAIL TO MAKE YOUR PAYMENTS FOR YOUR SERVICES ON TIME WE CAN TERMINATE YOUR SERVICE OR SUSPEND YOUR SERVICE WITH OR WITHOUT NOTICE. NO BACKUPS WILL BE PROVIDED (APPLIES TO VPS SERVICE ONLY)
TAKEDOWN NOTICES (DMCA)

THEHOSTINGSQUAD.COM HANDLES DCMA COMPLAINS PROPERLY, AND WILL COMPLY WITH ALL OFFICIAL TAKE DOWN NOTICES FROM THE RESPECTIVE COPYRIGHT OWNERS. TO REPORT A BREACH OF COPYRIGHT, PLEASE SEND AN EMAIL TO SUBMIT A TICKET TO THE ABUSE DEPARTMENT (ABUSE@THEHOSTINGSQUAD.COM). ANY CLIENT FOUND TO BE USING COPYRIGHTED MATERIAL WILL HAVE 24 HOURS TO REMOVE SUCH CONTENT, IF IT IS NOT REMOVED, OUR STAFF WILL REMOVE THE REQUESTED COPYRIGHTED CONTENT.

YOU MUST PROVIDE INFORMATION REASONABLY SUFFICIENT TO ENABLE US TO LOCATE THE COPYRIGHTED CONTENT ON THE REPORTED CUSTOMER HOSTING ACCOUNT / VPS.



TRAFFIC USAGE

ALL ACCOUNT/VPS PLANS COME WITH A PREDETERMINED AMOUNT OF TRAFFIC ALLOWANCE. WE MONITOR ALL ACCOUNTS IF YOU EXCEED THE GIVEN BANDWIDTH YOUR ACCOUNT WILL BE SUSPENDED AND YOU MAY BE CHARGED FOR THE EXTRA USAGE. ($1 PER 1GB)



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 THEHOSTINGSQUAD 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.

ACCESSING OF VPS & WEBHOSTING ACCOUNTS

OUR STAFF RESERVES THE RIGHT TO CHECK YOUR VPS OR WEB HOSTING ACCOUNT FOR UNWANTED CONTENT AS STATED ABOVE.

WE WILL NOT CHECK ANYTHING ELSE.

VPS SUPPORT

ALL VPS PROVIDED BY US ARE UNMANAGED ,  WE WILL NOT PROVIDE SUPPORT FOR ANY CONFIGURATIONS/ OR ANY SOFTWARE INSTALLATION

WE WILL ONLY PROVIDE BASIC SUPPORT LIKE : (REBOOT/RESTART/RE-INSTALL OF OS) OR  HARDWARE ISSUES/ ISSUES  WITH OUR VPS

YOU WILL HAVE TO MANAGE YOUR OWN VPS

DATA BACKUPS

WE WILL NOT HOLD RESPONSIBLE FOR ANY DATA LOSS AND WE DO NOT KEEP ANY BACKUPS AT OUR END. PLEASE KEEP YOUR OWN BACKUPS ON YOUR OWN COMPUTER

YOU CAN BACKUP YOUR FULL CPANEL ACCOUNT BY GOING TO YOUR CPANEL DOWNLOAD OR GENERATE A FULL WEBSITE BACKUP

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 THEHOSTINGSQUAD 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, THEHOSTINGSQUAD 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 THEHOSTINGSQUAD BY NO LATER THAN THE SPECIFIED PAYMENT DUE DATE. THEHOSTINGSQUAD 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.

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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 WITH OR WITHOUT NOTICE, AT OUR SOLE DISCRETION.

LIMITATION OF LIABILITY

THEHOSTINGSQUAD SHALL NOT BE RESPONSIBLE FOR ANY CLAIMED DAMAGES, INCLUDING INCIDENTAL AND CONSEQUENTIAL DAMAGES, WHICH MAY ARISE FROM THEHOSTINGSQUAD ‘ SERVERS GOING OFF-LINE OR BEING UNAVAILABLE FOR ANY REASON WHATSOEVER. FURTHERMORE, THEHOSTINGSQUAD 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 THEHOSTINGSQUAD ‘ SERVERS. ALL DAMAGES SHALL BE LIMITED TO THE IMMEDIATE TERMINATION OF SERVICE.

VIOLATIONS

VIOLATIONS OF THESE ACCEPTABLE USE POLICIES SHOULD BE REFERRED TO SUPPORT@THEHOSTINGSQUAD.COM. ALL COMPLAINTS WILL BE INVESTIGATED PROMPTLY. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.

DISCLAIMER

THEHOSTINGSQUAD 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 THEHOSTINGSQUAD ARE RESOLD. THUS, CERTAIN EQUIPMENT, ROUTING, SOFTWARE AND PROGRAMMING USED BY THEHOSTINGSQUAD ARE NOT DIRECTLY OWNED OR WRITTEN BY THEHOSTINGSQUAD. MOREOVER, THEHOSTINGSQUAD 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 THEHOSTINGSQUAD SEES FIT.

ACCOUNT ACTIVATION

BY ACTIVATING YOUR ACCOUNT WITH THEHOSTINGSQUAD, 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 PRIOR TO TAKING ANY ACTION TO PROVIDE YOU WITH AN OPPORTUNITY TO CORRECT THE PROBLEM.

SERVER UPTIME GUARANTEE
THEHOSTINGSQUAD GUARANTEES 99.9% 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 CREDITED FOR THE AMOUNT OF DURATION OF EXCESSIVE DOWNTIME IF WE ARE UNABLE TO GET THE ISSUE FIXED IN 24 HOURS TIME.
NOTE: THIS GUARANTEE DOES NOT APPLY TO NATURAL DISASTERS

THEHOSTINGSQUAD 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

THEHOSTINGSQUAD 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.  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 PREFERENCE

ALL PAYMENT INFORMATION IS PROTECTED BY INDUSTRY-STANDARD RSA PUBLIC KEY ENCRYPTION AND IS ONLY STORED IN OUR SYSTEM FOR THE DURATION OF YOUR TRANSACTION. ADDITIONALLY, WHEN YOU SUBMIT YOUR PAYMENT INFORMATION YOUR DATA IS PROTECTED BY SECURE SOCKET LAYER (SSL) TECHNOLOGY CERTIFIED BY A DIGITAL CERTIFICATE.

THIRD PARTIES

INFORMATION COLLECTED ON THIS SITE IS STRICTLY FOR OUR USE AND 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: SUPPORT@THEHOSTINGSQUAD.COM



ACCEPTABLE USE POLICY

AS A PROVIDER OF WEB SITE HOSTING AND OTHER INTERNET-RELATED SERVICES, THEHOSTINGSQUAD 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. THEHOSTINGSQUAD RESPECTS THAT THE INTERNET PROVIDES A FORUM FOR FREE AND OPEN DISCUSSION AND DISSEMINATION OF INFORMATION. HOWEVER, WHEN THERE ARE COMPETING INTERESTS AT ISSUE, THEHOSTINGSQUAD RESERVES THE RIGHT TO TAKE CERTAIN PREVENTIVE OR CORRECTIVE ACTIONS. IN ORDER TO PROTECT THESE COMPETING INTERESTS, THEHOSTINGSQUAD 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 THEHOSTINGSQUAD’ 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 THEHOSTINGSQUAD 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 THEHOSTINGSQUAD CANNOT MONITOR OR CENSOR THE INTERNET, AND WILL NOT ATTEMPT TO DO SO, THEHOSTINGSQUAD 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 THEHOSTINGSQUAD 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 THEHOSTINGSQUAD’ NETWORK AND MAY REACH A LARGE NUMBER OF PEOPLE, INCLUDING BOTH SUBSCRIBERS AND NON-SUBSCRIBERS OF THEHOSTINGSQUAD, SUBSCRIBERS’ POSTINGS TO THE INTERNET MAY AFFECT OTHER SUBSCRIBERS AND MAY AFFECT THEHOSTINGSQUAD’ GOODWILL, BUSINESS, REPUTATION OR OPERATIONS. FOR THESE REASONS, SUBSCRIBERS VIOLATE THEHOSTINGSQUAD 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 THEHOSTINGSQUAD, BUT ALSO BECAUSE IT CAN OVERLOAD THEHOSTINGSQUAD’ NETWORK AND DISRUPT SERVICE TO THEHOSTINGSQUAD’ SUBSCRIBERS. ALSO, MAINTAINING AN OPEN SMTP RELAY IS PROHIBITED. WHEN A COMPLAINT IS RECEIVED, THEHOSTINGSQUAD 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 THEHOSTINGSQUAD RESERVES THE RIGHT TO PROSECUTE FOR THIS VIOLATION. A $1.00 CHARGE WILL BE ASSESSED PER EMAIL SENT SHOULD THEHOSTINGSQUAD CHOOSE TO PURSUE AND PROSECUTE.
ABUSE FEE

THERE WILL BE AN 50$ ABUSE FEE  IF YOU ABUSE OUR VPS SERVICE (DDOS,SPAM,TORRENT,VIRUS)

THIS INCLUDES GETTING OUR IP ADDRESS BLACKLISTED

LICENSE KEY AGREEMENT

YOU AGREE THAT YOU WILL NOT SHARE/USE THE KEY PROVIDE BY US FOR YOUR OWN USE(ONLY FOR OUR VPS SERVICE)

FAILURE TO FOLLOW THIS AGREEMENT WILL RESULT IN TERMINATION WITHOUT ANY FURTHER NOTICE AND A 120$ FEE

AUDIO/VIDEO STREAMING:
AUDIO/VIDEO STREAMING IS NOT HOSTING FRIENDLY. AS SUCH, THEHOSTINGSQUAD DOES NOT ALLOW ANY STREAMING OF AUDIO OR VIDEO CONTENT. OFFENDING ACCOUNTS WILL BE SUSPENDED WITHOUT NOTICED OR TERMINATED.
ADULT-ORIENTED CONTENT:
THEHOSTINGSQUAD DOES NOT ALLOW ADULT CONTENT AND WILL SUSPEND/TERMINATE ANY OFFENDING ACCOUNT.
LARGE FILE POLICY:
THEHOSTINGSQUAD 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 SUPPORT@THEHOSTINGSQUAD.COM.
OBSCENE SPEECH OR MATERIALS:
USING THEHOSTINGSQUAD’ NETWORK TO ADVERTISE, TRANSMIT, STORE, POST, DISPLAY, OR OTHERWISE MAKE AVAILABLE CHILD PORNOGRAPHY OR OBSCENE SPEECH OR MATERIAL IS PROHIBITED. THEHOSTINGSQUAD 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 THEHOSTINGSQUAD’ 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:
THEHOSTINGSQUAD 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 THEHOSTINGSQUAD 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. THEHOSTINGSQUAD WILL NOT, AS AN ORDINARY PRACTICE, MONITOR THE COMMUNICATIONS OF ITS SUBSCRIBERS TO ENSURE THAT THE COMPLY WITH THEHOSTINGSQUAD’ POLICY OR APPLICABLE LAW. HOWEVER, WHEN THEHOSTINGSQUAD 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 THEHOSTINGSQUAD.

THEHOSTINGSQUAD IS ALSO AWARE THAT MANY OF ITS SUBSCRIBERS ARE THEMSELVES PROVIDERS OF INTERNET SERVICES, AND THAT INFORMATION REACHING THEHOSTINGSQUAD’ FACILITIES FROM THOSE SUBSCRIBERS MAY HAVE ORIGINATED FROM A CUSTOMER OF THE SUBSCRIBER OR FROM ANOTHER THIRD PARTY. THEHOSTINGSQUAD DOES NOT REQUIRE ITS SUBSCRIBERS WHO OFFER INTERNET SERVICES TO MONITOR OR CENSOR TRANSMISSIONS OR WEB SITES CREATED BY CUSTOMERS OF ITS SUBSCRIBERS. THEHOSTINGSQUAD RESERVES THE RIGHT TO DIRECTLY TAKE ACTION AGAINST A CUSTOMER OF ITS SUBSCRIBERS. ALSO, THEHOSTINGSQUAD MAY TAKE ACTION AGAINST THE THEHOSTINGSQUAD’ SUBSCRIBER BECAUSE OF ACTIVITIES OF A CUSTOMER OF THE SUBSCRIBER, EVEN THOUGH THE ACTION MAY AFFECT OTHER CUSTOMERS OF THE SUBSCRIBER. SIMILARLY, THEHOSTINGSQUAD ANTICIPATES THAT SUBSCRIBERS WHO OFFER INTERNET SERVICES WILL COOPERATE WITH THEHOSTINGSQUAD IN ANY CORRECTIVE OR PREVENTIVE ACTION THAT THEHOSTINGSQUAD DEEMS NECESSARY. FAILURE TO COOPERATE WITH SUCH CORRECTIVE OR PREVENTIVE MEASURES IS A VIOLATION OF THEHOSTINGSQUAD POLICY.

THEHOSTINGSQUAD 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. THEHOSTINGSQUAD MAY, HOWEVER, MONITOR ITS SERVICE ELECTRONICALLY TO DETERMINE THAT ITS FACILITIES ARE OPERATING SATISFACTORILY. ALSO, THEHOSTINGSQUAD 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. THEHOSTINGSQUAD 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, THEHOSTINGSQUAD MAY DISCLOSE SUBSCRIBER INFORMATION OR INFORMATION TRANSMITTED OVER ITS NETWORK WHERE NECESSARY TO PROTECT THEHOSTINGSQUAD AND OTHERS FROM HARM, OR WHERE SUCH DISCLOSURE IS NECESSARY TO THE PROPER OPERATION OF THE SYSTEM. HOWEVER, THEHOSTINGSQUAD WILL NEVER SELL INFORMATION TO OTHER SERVICES OR OUTSIDE COMPANIES.

THEHOSTINGSQUAD 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 THEHOSTINGSQUAD POLICY. FINALLY, THEHOSTINGSQUAD WISHES TO EMPHASIZE THAT, IN SIGNING THE SERVICE AGREEMENT, SUBSCRIBERS INDEMNIFY THEHOSTINGSQUAD FOR ANY VIOLATION OF THE SERVICE AGREEMENT, LAW OR THEHOSTINGSQUAD POLICY RESULTING IN LOSS TO THEHOSTINGSQUAD OR THE BRINGING OF ANY CLAIM AGAINST THEHOSTINGSQUAD BY ANY THIRD PARTY. THIS MEANS THAT, IF THEHOSTINGSQUAD 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 THEHOSTINGSQUAD, PLUS COSTS AND REASONABLE ATTORNEY’S FEES.

WE HOPE THIS AUP IS HELPFUL IN CLARIFYING THE OBLIGATIONS OF INTERNET USERS, INCLUDING THEHOSTINGSQUAD AND ITS SUBSCRIBERS, AS RESPONSIBLE MEMBERS OF THE INTERNET. ANY COMPLAINTS ABOUT A SUBSCRIBER’S VIOLATION OF THIS AUP SHOULD BE SENT TO SUPPORT@THEHOSTINGSQUAD.COM.