Terms and Conditions
Terms, Conditions and Acceptable Use Policy.
Host Maker Virtual Servers
(herein referred to as "Host Maker") provides
Internet World Wide Web page hosting and e-mail services.
Host Maker has certain legal and ethical responsibilities
regarding the use of its computer network and equipment
involved in these services.
Host Maker's general policy
is to act as a neutral provider of access to the global
Internet. Host Maker has specific ethical concerns regarding
the use of its computers detailed below. Host Maker reserves
the right to suspend or cancel a customer's access to
any or all services provided by Host Maker should Host Maker
deem that the account has been inappropriately used, even
for events that are not specifically outlined in this
The individual signing
up for service must be of legal age to be able to enter
into a legal contract.
Specific Acceptable Use
use of other people's accounts or computers
Host Maker will strongly
react to any use or attempted use of an Internet account
or computer without the owner's authorization. Such
attempts include "social engineering" (tricking
other people into releasing their passwords), password
cracking, security hole scanning etc.
Any unauthorized use
of accounts or computers by a Host Maker customer, whether
or not the attacked account or computer belongs to Host Maker,
will result in action against the attacker. Possible
actions include warnings, account suspension or cancellation,
and civil or criminal legal action, according to the
seriousness of the attack.
Within E-mail and Spamware
commercial advertisements are not allowed in e-mail,
and will likely result in account suspension or cancellation.
advertisements are unwelcome in most Usenet discussion
groups and on most e-mail mailing lists. Inappropriate
posting may result in account suspension or cancellation.
See the newsgroup or mailing list's charter for whether
advertising is allowed or not. "Spamming,"
or sending a message to many different off-topic newsgroups,
is particularly unethical and will be treated as such.
Using "instant message software" such as ICQ,
AIM, Yahoo Messenger or anything similar to send spam
messages are treated identically to email spam and will
result in similar action taken against the sender.
Sending a message, especially
an advertisement, to more than five or six recipients,
is by itself spamming unless the individuals have specifically
requested to be added to a mailing list on that topic.
E-mail is a person-to-person medium, not a broadcast
Upon your first Spam
offense your account will be terminated and a maintenance
fee of $200 will be billed to your payment method used
upon sign up. This is due to the enormous amount of
time it takes to serve spamming victims. If customer
paid by credit card, they agree to pay this fee as part
of the AUP.
Sites that provide or
sell email address lists, offer software or services
to acquire e-mail addresses or market to email addresses
by any means other than confirmed opt-in methods, e.g.,
harvesting addresses from web pages, newsgroup articles,
and online directories, or mining addresses using "dictionary
attacks" or automated processes for the purpose of deriving
e-mail addresses without the knowledge and consent of
the owners of those e-mail addresses will be terminated
without issuing a refund.
Adult Oriented Websites
We do not allow adult
oriented websites on our servers due to the fact that
they are resource intensive. We do not feel it is fair
to our other customers to allow sites that inhibit their
performance. We reserve the right to terminate any adult
sites that are found on our servers without refund.
Use of Disk Space,
Server Space and Bandwidth
Your disk space and account
use is for your own use only. You may not resell or
give away disk space, webspace, email accounts or any
part of your hosting package to any third party unless you
signed on for reseller account. Please
set your mail software to delete your mail from the
server. This will speed up your mail retrieval and will
help you avoid excess disk space charges. Mailboxes
can quickly grow and consume your disk space allowance
if you do not delete your mail from the server. The
combined disk space used by databases, email and website
files should not go above 50 Mb.It is the user's responsibility to ensure
they are within their limit at all times.
MP3s or computer software
is not allowed to be stored on the servers unless you
personally own the copyright to the music or software.
Software may be stored if the software is freely distributable,
which includes freeware, shareware, open source, GNU
licensed software and others with similar licenses which
allow for free distribution. MP3s may be stored if they
are freely distributable or have no copyright. In both
cases, the software or MP3s stored must be in use by
or linked to on your website for visitors to access.
Warez (Pirated software),
key generators, serial numbers, cracking, hacking, phreaking
tools, copyrighted works (Unless you own the copyright)
and other similar software and information is prohibited.
Accounts found to be storing these files will be terminated
and no refund issued.
space is to be used for website related files only.
If a stored file is not available to be publicly download
on or in use by your website then you are not allowed
to store it on the servers.
We are not a personal file backup or storage service.
File backups and restore
Although Host Maker does
back up data daily, it is the users responsibility
to back up all files. Host Maker's automatic back up
system is designed to
restore entire file systems in the event of complete
disk loss. It is not,
however, designed to restore individual user's files.
At no time will we
be liable for lost data, and if asked to restore files
for an individual
customer outside of a complete file system failure,
we may charge up to
$150/hr for the service. Customers who use CGI scripts
file-based databases should take precautions to ensure
that data is not
lost in the event of a shortage of disk space (including
errors), reboots or killed processes. At no time shall
Host Maker be liable
in the event a customer CGI application fails to take
and truncates user data, even in the event of a reboot
or shortage of diskspace.
Contact And Billing Information
Making sure all your
contact information we have on file is current and correct
is very important. Billing statements, as well as official
notices regarding service, will be sent via email to
the address provided by you. Failure to keep this information
current may result in you missing critical system notifications
or not receiving notice of billing issues with your
account. It is your responsibility to maintain correct,
updated contact information. The information provided
will not be sold, loaned, given away or made available
to anyone. The only exception to this is if you have
asked us to register a domain name for you; certain
information is required by the registrar for registration.
Maintaining a current
and valid credit card on file is required. This credit card
will only be used to pay for invoices relating to your
account, including disk space and bandwidth overages
as well as any extra add-ons that you order. Failure
to maintain an updated creditcard could result in your
account interruption. You can update
your creditcard online at https://hostmaker.com/mb/modernbill
Host Maker makes every
reasonable attempt to provide an environment suitable
for use by its customers for the purpose of an on-line
presence, including sufficient bandwidth and CPU resources.
Bandwidth and CPU resources are on an open and "first
come first serve" basis whereby bandwidth and CPU
resources are allocated in order of who requests them
first. In this environment, it is possible for a user
to consume more than their share of CPU resources and/or
bandwidth and therefore impede the performance of the
network and servers as a whole, adversely limiting the
resources available to other users. Host Maker closely
monitors the performance of its systems and network.
If at any time Host Maker deems that a user is imposing
an unreasonable load on a server or the network (such
as an inordinate number of CGI processes), Host Maker
may, at its sole discretion, take any action it deems
necessary to correct the problem and free up resources
for other users, including but not limited to killing
processes or shutting down service for an offending
user without notice. Processes should not exceed 2%
CPU utilization sustained, and peak at no more than
6% for less than 10 seconds. The number of processes
run per day should not exceed 2880, which is one process
every 30 seconds. Cronjobs should be limited to running
no more than once per hour. Emails sent through our
servers should not exceed 1440 per day.
Security is the responsibility
of the user. You are responsible for any and all scripts
running under your account, as well as all files stored
within it. It is important to ensure that scripts are
free from exploits and are as secure as possible. Running
an insecure script will result in that script being
disabled or deleted, and may result in account suspension
or termination depending on severity of the violation.
It is recommend to check for updates to scripts you
are running at least once per 90 days.
Some specific examples
of processes and sites that are not allowed are FFA
links scripts and sites, webproxies/cache, BNC, IRC
and chat scripts, bots, anonymous emailers, daemons
of any kind, spiders or web crawling robots, portal
sites (Yahoo like sites), Top 10/50/100 sites, distributed
computing clients (Like Seti@Home), network monitoring/probing
scripts and denial of service (DoS) attack scripts.
Standard formmail is also not allowed due to the ease
at which people can use it to send SPAM through. We
recommend that you use the formmail we provide in your control panel.
Any unspecified script that is not used for tasks that
directly pertain to the maintenance, publishing and
operation of your web site are not allowed. Violations
of this policy will result in account termination.
Host Maker reserves the
right to refuse service to anyone. Customers may only
use Host Maker's server for lawful purpose. Transmission
of any material in violation of any Federal, State or
Local regulation is prohibited. This includes, but is
not limited to copyrighted material, material legally
judged to be threatening or obscene, material protected
by trade secrets, child pornography and satanic materials.
Host Maker expressly forbids anyone from using Host Maker's
servers for the propagation, distribution, housing,
processing, storing, or otherwise handling in any way
the above, or any other material which we deem to be
objectionable. The designation of any materials as such
described above is left entirely to the discretion of
Host Maker's management.
Host Maker's services
are intended for the end user only. Customers cannot
sublease, subhost, or give away control of any portion
of Host Maker's resources. Doing so could result in immediate
account cancellation. Host Maker offers a reseller's
Your password is considered
private and is not to be given out to any third party
outside your organization.
We make our servers as
secure as possible. Final security of your account is
your responsibility. You are responsible for all content
and files stored, uploaded and downloaded within your
account, as well as the operation of all scripts you
Our 99.9% uptime guarantee allows us to guarantee that
your website will not be down for more than 43 minutes
per month. In the event that your website is offline
for more than 43 minutes in 1 calendar month as a result
of Host Maker's error, server failure or misconfiguration,
simply contact us within 30 days and we will credit
your account for 1 month of free hosting. Credits are
applied to your account when it is up for renewal. This
guarantee does not apply to problems such as network
congestion or router misconfigurations that are off
our network or during announced scheduled maintainance.
We have no control over others networks, and as such,
make no guarantees to their reliability.
If you think your website is offline, you should always
run a traceroute
first to see if it is indeed or if it is just network
All accounts are set
up on a pre-pay basis. All pricing is guaranteed for
the term of pre-payment. Host Maker reserves the right
to change prices at any time. Payment is due each anniversary
month or period following the date the account was established.
If you signed up for a quarterly, bi-yearly or yearly account,
you will continue to be automatically billed and renewed
until you fill out a cancellation
Customers who provide
a credit card specifically grant us authorization to
automatically charge that card for any and all hosting
and incidental fees pertaining to that account until
the account is cancelled or the account is switched
to check payment. Customers may choose check, paypal or credit card
payment but not both. If you do not want us to automatically
charge your creditcard you must pre-pay via check only.
Any user-requested manual creditcard transaction will
be assessed a per-transaction processing fee of $10.00.
If for any reason the
card does not clear with the bank within 15 days of
the original invoice date, the account
is subject to suspension. If payment has not been received
within 30 days of the original invoice date then the
account will be terminated and all files removed from
The customer is responsible
for all money owed on the account from the time it was
established to the time that the customer properly submits
request form. Phone or normal e-mail requests will
not constitute acceptance
of any cancellation.
All payment-due notices
will be sent by e-mail. No bills or invoices will be
sent by postal mail or fax. Please ensure that we always
have a correct and valid email address on file to send
these notices to.
Checks returned unpaid
(NSF) or creditcard paying accounts issuing a charge back
will be assessed a $25 charge. If you are a check paying
customer, invoices will be sent to you via e-mail. Invoices
are payable immediately upon receipt, however, we allow
up to 30 days for payment to arrive. In the event we
do not receive payment for an invoice within 30 days
of the date of the invoice, we may apply late fees,
terminate your service for non-payment, or both.
In the event that your
account is deactivated for non-payment, a $25 reactivation
fee will be applied upon reactivation of your account.
If you signed up to billed monthly or quarterly, you
will now be required to pay for one full year of hosting,
plus any past due balance before your website is re-activated.
Credits on an account are applied to any new invoice
that is generated. If the amount of credit is greater
than the invoice, the balance will remain as a credit
until the next invoice is posted and the credit is applied
to it. Credits are to be used only to pay for services
and are not a refundable item.
The standard compounded
monthly late fee is $7.50, or 10% of the overdue amount,
which ever is greater. All payments are to be made in
Customers can cancel
service any time. The customers account comes with our
30 day money-back guarantee which is only valid for
the initial billing period. If you are not satisfied
with our service within the first 30 days of opening
an account and you submit a
request form, you will be give a full refund of hosting
fee paid with the exception of domain name registration, web design
and any other extra services such as extra disk space and extra
bandwidth use. The domain name that we registered for
you is yours to use for 1 full year; you may host it
wherever you wish. If you need this domain name renewed,
we can renew it for you at our standard renewal rate.
us and ask us to renew it when you receive a notice
If you wish to cancel
your account, you may do so by filling out the cancellation
request form. Your account will be automatically
renewed unless a cancellation form is submitted at least
seven (7) days prior to the renewal date. The cancellation
request form is the only method we accept to cancel
your account. Phone
or normal e-mail requests will not constitute
acceptance of any cancellation.
All monthly service fees
paid in advance of cancellation will be pro-rated and
refunded by Host Maker as long as the refund
amount due is greater than $5. Customers, who sign up
via their own 3rd party referral link, such as through
affiliate, will receive a pro-rated refund
minus the referral fee they received. If cancellation
is caused by the customer's violation of our policies,
then no refund will be given. Cancellation requests
should not be submitted more than 30 days in advance.
Any credits on your account, such as those given for
downtime or referrals, are not a refundable item. For
example, if you cancel your account that has a $0 balance,
but a $5 credit for downtime, you will not receive a
$5 refund. Credits are to be used only to pay for services.
reserves the right to cancel service at any time without
notice for any reason that Host Maker deems appropriate.
Customer agrees that
it shall defend, indemnify, save and hold Host Maker
harmless from any and all demands, liabilities, losses,
costs and claims, including reasonable attorneys
fees asserted against Host Maker, its agents, its customers,
officers and employees, that may arise or result from
any service provided or performed or agreed to be performed
or any product sold by customer, its agents, employees
or assigns. Customer agrees to defend, indemnify and
hold harmless Host Maker against liabilities arising
out of; (1) any injury to person or property caused
by any products sold or otherwise distributed in connection
with Host Maker's server; (2) any material supplied by
customer infringing or allegedly infringing on the proprietary
rights of a third party; (3) copyright infringement
and (4) any defective products sold to customer from
Host Maker's server.
Host Maker will not be
responsible for any damages your business may suffer
for any reason, including negligence on our part. This
includes loss of data resulting from delays, non-deliveries,
wrong delivery, and any and all service interruptions
caused by Host Maker and its employees. Host Maker makes
no warranties of any kind, expressed or implied about
the services we provide. Host Maker specifically disclaims
all warranties of merchantability and fitness for a