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Acceptable Use Policy & Terms of Service
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AUP ( Acceptable Use Policy ) TOS (Terms of Service)

Hosting & Management Inc (DBA: Biggest-Hosting.com)) Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what Hosting & Management Inc (DBA: Biggest-Hosting.com) expects of them while using the service. All users of Hosting & Management Inc (DBA: Biggest-Hosting.com) 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 AUP and our TOS (Terms of Service).

Use of Hosting & Management Inc (DBA: Biggest-Hosting.com) Service constitutes acceptance and agreement to Hosting & Management Inc (DBA: Biggest-Hosting.com) AUP as well as Hosting & Management Inc (DBA: Biggest-Hosting.com) TOS (Terms of Service)


This Acceptable Use Policy & Terms of Service constitute the entire agreement with respect to the subject matter hereof, and supersede all prior written agreement, arrangement, communications and understandings and all prior and contemporaneous oral agreement, arrangements, communications and understandings between the parties with respect to the subject matter hereof. This Acceptable Use Policy &Terms of Service shall be deemed to apply since you first signed up with Hosting & Management Inc. (DBA: Biggest-Hosting.com). By accepting these terms, you expressly waive the right to a trial by jury or to participate in a class action.

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 TOS (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 AUP.  Hosting & Management Inc (DBA: Biggest-Hosting.com) may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your Hosting & Management Inc (DBA: Biggest-Hosting.com) account.

This document is intended to provide a basic understand of Hosting & Management Inc (DBA: Biggest-Hosting.com) Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Hosting & Management Inc (DBA: Biggest-Hosting.com) AUP:
  • 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 & Management Inc (DBA: Biggest-Hosting.com) intends to provide its customers access to everything the Internet has to offer. While the Hosting & Management Inc (DBA: Biggest-Hosting.com) is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the Hosting & Management Inc (DBA: Biggest-Hosting.com) and the Internet and cannot be permitted under the guise of free speech. The resources of the Hosting & Management Inc (DBA: Biggest-Hosting.com) 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 virtual site to publish material, which Hosting & Management Inc (DBA: Biggest-Hosting.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 & Management Inc (DBA: Biggest-Hosting.com) account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service. 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 & Management Inc (DBA: Biggest-Hosting.com).

Any dispute relating to service provided by Hosting & Management Inc (DBA: Biggest-Hosting.com) will be governed by, and construed in accordance with, the Laws of the State of New York, without regard to any choice or conflict of laws provision or rule (whether of the State of New York or any other jurisdiction) that are not mandatorily applicable by law and would permit or require the application of the laws of another jurisdiction. Each of account holder irrevocably agrees that any and all legal actions, proceedings or counterclaims (whether based on contract, tort or otherwise) arising out of or relating to service provided by Hosting & Management Inc (DBA: Biggest-Hosting.com) brought by the account holder or its successors or assigns shall be brought and determined in any New York State or federal court sitting in Kings County, New York (or, solely if such court lacks subject matter jurisdiction, in any appropriate New York State or federal court), and each account holder hereby irrevocably submits to the exclusive jurisdiction of the aforesaid courts for itself and with respect to its property, generally and unconditionally, with regard to any such action or proceeding arising out of or relating to service provided by Hosting & Management Inc (DBA: Biggest-Hosting.com). Each account-holder irrevocably and unconditionally waives, and agrees not to assert, by way of motion or as a defense, counterclaim or otherwise, in any legal action or proceeding arising out of or relating to the service provided by Hosting & Management Inc (DBA: Biggest-Hosting.com) that (A) the action or proceeding in any such court is brought in an inconvenient forum, (B) the venue of such suit, action or proceeding is improper or (C) this Agreement, or the subject matter hereof, may not be enforced in or by such courts.

VIOLATIONS OF Hosting & Management Inc (DBA: Biggest-Hosting.com) ACCEPTABLE USE POLICY
The following constitute violations of this AUP:

Illegal use: Hosting & Management Inc (DBA: Biggest-Hosting.com) services may not be used for illegal purposes, or in support of illegal activities. Hosting & Management Inc (DBA: Biggest-Hosting.com) reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

Harm to minors: Use of the Hosting & Management Inc (DBA: Biggest-Hosting.com) service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.

Threats: Use of the Hosting & Management Inc (DBA: Biggest-Hosting.com) service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

Harassment: Use of the Hosting & Management Inc (DBA: Biggest-Hosting.com) service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

Fraudulent activity: Use of Hosting & Management Inc (DBA: Biggest-Hosting.com) 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."

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 infrmation is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the Hosting & Management Inc (DBA: Biggest-Hosting.com) 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 & Management Inc (DBA: Biggest-Hosting.com) account.
 

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 & Management Inc (DBA: Biggest-Hosting.com) account.

E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Hosting & Management Inc (DBA: Biggest-Hosting.com) service is in violation of this AUP.

Usenet SPAMing: Hosting & Management Inc (DBA: Biggest-Hosting.com) 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.

Unauthorized access: Use of the Hosting & Management Inc (DBA: Biggest-Hosting.com) service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Hosting & Management Inc (DBA: Biggest-Hosting.com) 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 & Management Inc (DBA: Biggest-Hosting.com) account is subject to immediate termination.

Copyright or trademark infringement: Use of the Hosting & Management Inc (DBA: Biggest-Hosting.com) service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret 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.

Collection of personal data: Use of the Hosting & Management Inc (DBA: Biggest-Hosting.com) service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

Network disruptions and unfriendly activity: Use of the Hosting & Management Inc (DBA: Biggest-Hosting.com) service for any activity which affects the ability of other people or systems to use Hosting & Management Inc (DBA: Biggest-Hosting.com) 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 Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber 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 & Management Inc (DBA: Biggest-Hosting.com) will not tolerate any subscriber 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. Hosting & Management Inc. (DBA: Biggest-Hosting.com) is not responsible for any data loss. The client is responsible to keep the back ups of his files in case of any emergency such as a hard drive failure.

Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

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.

Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using  Hosting & Management Inc (DBA: Biggest-Hosting.com) services could result in suspension service. Proxy sites are not allowed to be hosted on our servers. Any robot/bot scripts are not allowed to be hosted. Running a shoutcast server / media sharing sites are not allowed. 

Third Party Accountability: Hosting & Management Inc (DBA: Biggest-Hosting.com) subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.

Violation Of Hosting & Management Inc (DBA: Biggest-Hosting.com) Virtual Accounts: It is absolutely forbidden to host illegal pornographic content whereas the subjects are under the age of majority, or IRC servers on hosting Accounts. Accounts found hosting this material will be subject to immediate cancellation without refund.

SLA: Hosting & Management Inc (DBA: Biggest-Hosting.com) guarantees 99.9% uptime per month.  If server uptime is lower than the guarantee you may receive one month credit for the future month.  Approval for credit is at discretion of Hosting & Management Inc (DBA: Biggest-Hosting.com).

Refund/Cancellation: After initial sign-up, a refund can be requested within 7 days. After the 7 days grace period, the payment made to Hosting & Management Inc (DBA: Biggest-Hosting.com) is non-refundable.  Refunds are not provided for plan upgrades or when a member purchases a second plan.  Pro-rated refunds for annual plan purchases are not offered; the  member is given a choice of whether to choose a month-to-month agreement or an annual agreement. Pre-payments are non-refundable but are eligible for credit to be used on purchase of any hosting plan offered.  Cancellation requests must be received 10 days before the next renewal date. In order to cancel, you must email or submit a cancellation ticket. Please note a cancellation request is not considered final unless the user confirms by replying to the cancellation ticket that they indeed want the indicated account cancelled.  It is the user's responsibility to cancel his Paypal subscription when submitting a cancellation request; Hosting & Management Inc (DBA: Biggest-Hosting.com) is not responsible for any recurrent billing if the Paypal subscription is not cancelled after the cancellation ticket request.  Hosting & Management Inc (DBA: Biggest-Hosting.com) is not responsible for any duplicate billing if the member decides to create more than one paypal subscription.  Any payment resulting from double billing due to more than one paypal subscription that's created by the member  is non-refundable but eligible for service credit only.

Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a client, 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 may 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 & Management Inc (DBA: Biggest-Hosting.com) 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.



REPORTING VIOLATIONS OF Hosting & Management Inc (DBA: Biggest-Hosting.com) AUP

Hosting & Management Inc (DBA: Biggest-Hosting.com) requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse@Hosting & Management Inc (DBA: Biggest-Hosting.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 & Management Inc (DBA: Biggest-Hosting.com) may take any one or more of the following actions in response to complaints:

  • Issue written or verbal warnings

  • Suspend the Member's newsgroup posting privileges

  • Suspend the Member's account

  • Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations


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