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Terms of Service

Introduction

The Terms of Service (TOS) are the rules and regulations that specify guidelines for using our hosting services. All use of our hosting services are subject to these terms. Please read them carefully and ensure that you understand and agree to all parts. Use of HC Concepts hosting services implies agreement with these TOS.

Hosting Terms of Service

HC Concepts (hereinafter referred to as “HC2”) provides web hosting to people all around the world. We have the responsibility to protect each client and provide them with the best service possible. The following guidelines were designed to ensure that our services remain of the utmost quality. Please read very carefully before ordering and/or using HC2’s services.

HC2 Service Agreement

The HC2 Service Agreement is a separate agreement between HC2 and all customers. Please make sure you are in agreement with the following points and conditions, as well as our service agreement (in its entirety) before signing up for or using HC2’s services.

End User Agreement

Customers may not sublease, sub host, or give away control of any portion of their HC2 space and/or resources (indulging, but not limited to, e-mail accounts, space, ftp accounts, etc.), unless otherwise stated on our website.

Content

All services provided by HC2 may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any law in either Canada or the United States is strictly 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 statue. The subscriber agrees to indemnify and hold harmless HC2 from any claims resulting from the use of the service which damages the subscriber or any other party. Note: Pornography and sex-related merchandising are prohibited on all HC2’s servers. This includes sites that may infer sexual content, or Link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to HC2’s servers or any other server on the internet. Links to such materials are also prohibited. Examples of non-acceptable content or links:

  1. Pirated software;
  2. Bulk Email related products;
  3. Pornography/Nudity/Adult Content;
  4. Hacking/cracking related websites;
  5. Torrents, warez and/or copyrighted material; and
  6. Illegal material or material that is against public policy.

Sites containing or linking to material that may be considered detrimental to the public health, safety, or welfare. (Such as, but not limited to: Anarchists Cookbook, bomb making, weapon information, or anything else that may be considered detrimental or illegal.) HC2 will be the sole arbiter as to what constitutes a violation of this provision, and reserves the right to deactivate and remove any site at any time for any reason without refund.

Copyright Violations

HC2 will respond to all reports of infringement that are formatted in accordance with the Digital Millennium Copyright Act (DMCA) and any other applicable copyright laws. Notices of infringement that do not comply with this act will not be processed. We will act in accordance with the DMCA when handling infringement reports.

System Resource Usage

If HC2’s system administration team determines that a customer’s account is utilizing an unacceptable amount of system resources, HC2 may temporarily deactivate the account in question. If HC2’s staff deems necessary, an eviction notice may be sent to the customer of an offending account providing them with ten (10) days in which to either upgrade to a dedicated server or locate a new provider. This only occurs in extreme cases. HC2 will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analyzed individually.

Domain Parking Circumvention

Any attempt to circumvent domain parking restrictions by using selective HTTP redirects or any other method to send traffic from parked domains to sites other than the main site is strictly prohibited. If multiple domain names with separate content are required, domain pointers must be used instead.

Chat Rooms

We do not allow clients to install their own chat rooms. These tend to utilize an excessive amount of system resources and we cannot allow it as a account option. Clients are free to use any and all of the three chat systems that come pre-installed on all accounts.

Background Running Programs (bots/daemons/monitors)

Customers are not permitted to run programs in the background on HC2’s servers. This tends to use a lot of system resources, and can impair service to other customers on that server.

Backups

HC2’s hosting accounts include a nightly backup service, however these backups are for HC2’s administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. HC2 does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on HC2’s part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this service. Notification of incidents pertaining to lost data must be reported IMMEDIATELY to permit any chance of recovering your data. Always back your site up to your personal computer and make hard copies of any critical Email messages received through your account. We make no guarantees about the availability of backups.

Support Abuse

At HC2, we always treat our customers with the utmost respect. In return, we expect the same from you. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, customers will be given ten (10) days notice to find a new host, and no refund will be issued.

Note: Due to our extremely high customer satisfaction rate, we have never had to invoke this clause.

Cron Jobs

We do allow Cron Jobs to be conducted on our servers. You can setup and manage the cron jobs for your account from the “Cron” section of NetAdmin.

IRC (Internet Relay Chat)

We do not allow IRC or IRC bots to be operated on our servers. Any account found to be in violation of this provision will be immediately suspended and/or deactivated and no refund will be issued.

Shell Access

Shell access is provided on an as-needed basis. It does not come enabled on accounts by default. A request for this feature must be sent to support@hc2.ca before it can be used. The request must include a domain name, username and explanation of why shell access is required. We reserve the right to refuse this service to any customer for any reason.

Unsolicited Email (SPAM)

SPAMing, or the sending of unsolicited email, from HC2’s servers or using a return email address that is maintained on HC2’s servers is strictly prohibited. Using SPAM to advertise a site hosted on HC2’s network also constitutes as a violation of this provision. HC2 will be the sole arbiter as to what constitutes a violation of this provision. Sites found to be in violation of our SPAM policies will be immediately deactivated and no refund will be issued.

Server Abuse

Any attempts to undermine or cause harm to HC2’s servers or customer of HC2 is strictly prohibited. HC2 will be the sole arbiter as to what constitutes a violation of this provision. Customers found in violation of this provision will be subject to account deactivation without refund. HC2 will turn all available information about abuse incidents, including customer contact data, over to the proper authorities and press charges in accordance with the law.

Failure to Follow Policies

Failure to fully comply with these terms is grounds for account suspension and/or deactivation (with or without refund, subject to HC2’s discretion). Any accounts and/or servers contained within HC2’s network must adhere to the above policies. We reserve the right to remove any account without prior notice. If you violate these TOS’s, HC2 reserves the right to deactivate your account without issuing a refund, including refunds for advanced payment. HC2 typically issues a warning before account deactivation, however this practice is used at our discretion.

Questions and Comments

If you have any questions, comments or concerns regarding our TOS, please contact HC2.

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