Terms of Service | Acceptable Use Policy

HostingRQ provides web hosting to many clients, and we have a responsibility to protect each client and to provide the best services available. The following guidelines were designed to ensure these obligations are met.

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Content

All services provided by HostingRQ 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. We do not police sites for copyrighted material or other illegal activity, however if we are notified of such violations we will comply with all valid take down demands and cooperate with law enforcement requests for data, information or otherwise.

Pornographic content and Sex-related

We do allow any legal adult content on our servers as long as it is legal under US law.

Sites We Do Not Host

Any site which is involved in illegal activities such as carding, fraud, theft or any other content prohibited by US law.

Illegal Usage

As stated above must simply comply with US law. We do not allow any type of hacking scripts such as mail bombers, php shells, and similar malicious content. All is up to our discretion. In most cases in the event of account compromises we will work with cli9ents to clean everything up and prevent future occurrences, however if we know the account holder is responsible for violations we will terminate account immediately.

CGI/PHP/ASP Scripts

Cgi script sharing with domains not hosted by HostingRQ.com is not allowed. Any cgi-scripts deemed to be adversely affecting the server performance or the network integrity will be shut down without prior notice. Chat Rooms HostingRQ does not allow clients to install their own chat rooms. Chat rooms tend to be large system hogs and we cannot permit it as an account option. HostingRQ does provide a choice of Java chatrooms which should meet most users' needs and run without hindering the performance of the machine of our servers.

Background Running Programs and Cron Jobs

HostingRQ does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation.

IRC

HostingRQ does not allow IRC or IRC bots to be operated on our servers.

Backups

HostingRQ performs backups on all servers to ensure critical files are never lost. However HostingRQ is NOT responsible for lost data, time, income or any other resource due to faulty backups or non-existant backups. All users are encouraged to perform their own backups, especially before editing, updating or changing site files or content. We provide backups for hardware failure or mass hacks only.

Client Responsibility

The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of HostingRQ's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of HostingRQ to provide this knowledge or support outside matter specific to HostingRQ servers.

UCE (Unsolicited Commerce Email) - SPAM

Spamming, or the sending of mass unsolicited email, from or through a HostingRQ server or using an email address that is maintained on a HostingRQ machine is STRICTLY prohibited. HostingRQ will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP or IPP, but channeling activities through a HostingRQ server as a maildrop for responses, you are in violation. Violators will be assessed a minimum of $200.00 fine and will face an immediate suspension.

Server abuse

Any attempts to undermine or cause harm to a HostingRQ server or customer of HostingRQ is strictly prohibited.

Any sub-networks of HostingRQ and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.

Software Distribution

HostingRQ.com's shared Web Hosting accounts are not to be used for the purposes of distributing software and multimedia products. If you wish to distribute software and/or multimedia files, please contact sales @ HostingRQ.com for special arrangement.

Multimedia Files

Multimedia files are defined as any graphics, audio, and video files. HostingRQ.com Web Hosting accounts are not to be used for the purposes of distributing and storing unusual amount of multimedia files. Any Web site whose disk space usage for storing the multimedia files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of multimedia files.

Domain Names

HostingRQ.com will take necessary steps to register domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. HostingRQ.com does not take responsibility for failing to renew domain names. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire. We do not handle renewals unless specifically asked for by sending a ticket to our helpdesk.

We will make every effort to register, transfer and/or renew your requested domain name. This is not a guarantee that your requested domain name is available for registration, transfer and/or renewal. Your domain name may go unregistered, untransferred and/or renewed, due to circumstances beyond our control, such as registry, software and other problems or outages, and will not be grounds for compensation of financial loss.

An order for domain name registration, transfer and/or renewal, does not guarantee domain name registration, transfer and/or renewal. Domain names will not be registered, transferred and/or renewed until payment is received. If requested domain name is paid for, to us and subsequently not registered, transferred and/or renewed by by, the domain registration fee will be refunded.

If we register domain names on your behalf and you refute the entire charge or if we must issue a full refund, your domain name will be forfeited and your domain name becomes the property of HostingRQ. This also applies to any special promotional offers whereby a domain name is included as part of a promotional offer. Note, this only applies to domain names we register on your behalf.

Database

There are no special limitations for databse usage as long as you stay within acceptable resource limits.

Actions Taken by HostingRQ

The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. HostingRQ will be the sole arbiter as to what constitutes a violation of the AUP. HostingRQ reserves the right to remove any account without prior notice. When HostingRQ becomes aware of an alleged violation of its AUP, HostingRQ will initiate an investigation. During the investigation, HostingRQ may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, HostingRQ may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, HostingRQ will notify the appropriate law enforcement authorities of such violation.HostingRQ does not issue credits for outages incurred through service disablement resulting from AUP violations.

Costomers agreement

HostingRQ customers agree to indemnify and hold harmless HostingRQ from any claims resulting from the use of our services that damages them or any other party. The HostingRQ service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement.HostingRQ expressly disclaims any representation or warranty that the HostingRQ service will be error-free, secure or uninterrupted. No oral advice or written information given by HostingRQ, its employees, licensors or the like, will create a warranty; or may you rely on any such information or advice. HostingRQ and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service. HostingRQ will be the sole arbiter as to what constitutes a violation of this provision.

Commercial Advertising - Email

Spamming, or the sending of unsolicited email, from a HostingRQ server or using an email address or domain that is maintained on an HostingRQ machine as reference is STRICTLY prohibited. HostingRQ will be the sole arbiter as to what constitutes a violation of this provision.

Misuse of System Resources

Any attempt to undermine or cause harm to a server, or customer, of HostingRQ is strictly prohibited. This includes, but is not limited to: using programs that consume excessive CPU time; allowing the use of mail services, mail forwarding capabilities, or autoresponders other than for the customer's own account; resale or subleasing or subletting (free) use of disk space without an appropriate reseller agreement; use of servers for backup of files unrelated to the web site of the account; or resale or remote access to CGI scripts installed on our servers. Operation of IRC servers or IRC bots on our servers will result in an immediate suspension of service.

Cancellation

Cancellation can be made via email to billing department along with your username and domain name. Although no notice is required, and there is no cancellation fee, all fees paid for service up to the notice of cancellation are non-refundable.

Suspension

Activity which results in a suspension or deactivation of an account will result in a forfeiture of fees paid. Complaints made regarding abuses of an account will be grounds for suspension. Disclaimer: HostingRQ will not be responsible for any damages your business may suffer. HostingRQ makes no warranties of any kind, expressed or implied for services we provide.

HostingRQ disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by HostingRQ and its employees. HostingRQ reserves the right to revise its policies at any time. All sub-networks, distributive hosting sites, and dedicated servers of HostingRQ must adhere to the above policies.

Failure to follow any term or condition will be grounds for immediate account deactivation. Please direct any reports of violations of the above policies to This e-mail address is being protected from spambots. You need JavaScript enabled to view it

 

Limits

There is a 500 outgoing email hourly limit per domain. This limit is also applied towards Mailman. If you send over this amount in any hour, most of the e-mails will bounce back with an undeliverable error. If this occurs, it will then take some time for your account to be able to send again so we recommend waiting at least 1 hour after this issue occurs to begin sending email again. Many of our servers have a limit of 30 POP3/IMAP checks per hour per each user's connecting IP address. If you go over this you're likely to get a wrong password error message or an error stating "login incorrect". If this occurs, please wait an hour and it will automatically unblock you. To prevent this from happening again, please make sure to disable auto checking or at least set it to something higher such as once every 10 minutes. Any mailing list larger than 5,000 addresses will require a dedicated server or VPS hosting solution from us. Note: Dividing one large list into smaller lists to get below this limit is not allowed. There is also a limit to the number of Mailman mailing lists permitted as follows (NOTE: This does not apply to other mailing list programs such as PHPList. This only applies to Mailman.) Hatchling package: 20 Mailman mailing lists Baby package: 25 Mailman mailing lists Business package: 50 Mailman mailing lists Reseller and Dedicated packages: Unlimited number of Mailman mailing lists.

Mailing Lists Rules

1. Any time you're sending a message no matter how large your e-mail list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 8 seconds. (Sending 1 every 8 seconds would send 450 emails within 1 hour, keeping you below the 500 outgoing email limit.) If the mailing list software you're using does not allow you to throttle you must switch to an application or script that will. We recommend PHPList, which can be found in your CPanel under Fantastico. We do not allow marketing email under any circumstances! We do not allow sites that send more then 2-3 mass emails a week.

IMPORTANT: As we use cloud based services that isolate each user's resource usage to prevent you from effecting other clients we do not typically throttle any service such as mail. However we cannot isolate mail services as it is a server level service that is shared among all users. So abusing this service and causing high server loads or problems with other user's mail will result in suspension. please throttle your mail and limit mass mailings and newsletters.

2. Any mailing list over 900 email addresses is only allowed to be sent to during off-peak times to prevent high server loads. Off peak times qualify as all day Saturday and Sunday, and 1AM - 8AM Eastern Standard Time, Monday through Friday.

3. The list must be a Double Opt-In list. This means a user has subscribed for a newsletter or other email marketing messages by explicitly requesting it and confirming the email address to be their own. Confirmation is usually done by responding to a notification/confirmation email sent to the email address the end user specified. The double opt-in method eliminates the chance of abuse where somebody submits someone else's email address without their knowledge and against their will. You will not be permitted to mail any mailing list that you were given or purchased. In doing so, this will also be considered spamming and may result in termination of the offending account.

4. Any unsolicited e-mail being sent will result in suspension or termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail and other forms of spam.

5. Any mailling list MUST comply with all guidelines set forth by the United States government. These can be found at:
http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm.

6. No direct SMTP mailers are allowed. An example of this would be a Darkmailer or The Bat!. Any mail should be sent through the local mail server/MTA for further delivery by the server and not done directly by scripts

7. No eMail Marketing are allowed on our shared hosting.