All users of hornhost services, and all customers upon signing up for our services, agree to comply with hornhost Terms of service ("TOS"). The spirit of the TOS is to ensure customers are using Hornhost services with due regard to the rights of other Internet users and in conformity with the requirements of Hornhost network environment. The TOS are not exhaustive and Hornhost reserves the right to add, delete, or modify any provision of its TOS at any time without notice, effective upon either the posting of the modified TOS to hornhost.com or notification of the modified TOS. Any complaints about a customer's violation of the TOS should be sent to firstname.lastname@example.org. Except when expressly agreed to the contrary in writing by an authorized representative of Hornhost, this TOS supersedes any other agreement with Horhost, whether written, oral, by conduct, or otherwise..
Acceptable usage policy: Prohibited Contents/Sites:
- SPAM - Any site owner who uses/stores any kind of spamming software, or whose spamming activities affect Hornhost servers negatively in any way, will have their accounts terminated without warning.Mailing lists/Mass emailing software - Mailing lists, such as mailman, majordomo, and PHPlist, are not allowed to run from Hornhost servers.
- Illegal Material/files - This includes copy-righted works, commercial audio, video, or music files and any files in violation of any Federal, State or Local regulation. Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer.
- Adult files- Includes all pornography, erotic images..
- Child Pornography - The use of Hornhost services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Hornhost is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
- Shell scripts - Shell scripts, such as those that try to gain shell access or run system command lines, are prohibited.
- Warez/werez linking - Includes pirated software, ROMS, emulators, freaking, hacking, password cracking or cheating, IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" such material.
- IRC - Hornhost does not allow IRC or IRC bots to be operated by Web Hosting and Ecommerce customers.Chat Sites - Hornhost does not allow clients to install chat rooms/softwares. Chat rooms are taking large system resources and we cannot permit to such activities. Note: Movies, MP3, File Download sites whose main purpose is for storage/archival and distribution. Such sites will be removed from Hornhost
- Security Violations of server or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, server or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
- 30-Day Money Back Guarantee: All Web Hosting plans include a 30 day money back guarantee. If you are dissatisfied with your service for any reason, you will receive a full refund if you cancel your account within 30 days of the activation of your account. Please note No refunds are available after 30 days maximum 60 days.Accounts canceled/terminated by Hornhost for violating our Terms of Service (TOS) do not qualify for the 30-day money back guarantee. For example, if your account is canceled due to spamming, you will not be given any refund.
Disclaimer: Hornhost 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. Hornhost expressly disclaims any representation or warranty that the Hornhost service will be error-free, secure or uninterrupted. No oral advice or written information given by Hornhost, its employees, will create a warranty; nor may you rely on any such information or advice. Hornhost 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.
LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL Hornhost (INCLUDING, WITHOUT LIMITATION, Hornhost'S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING Hornhost'S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR HornHost SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY Hornhost SERVICES EVEN IF Hornhost HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Hornhost'S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR Hornost'S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY Hornhost OR Hornhost'S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE..
- Server Resources: Any Web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to reduce the resources used to an acceptable level, or upgrade its service to a VPS plan. Hornhost will be the sole arbiter of what is considered to be a high server usage level. Any Web Hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
- Backup of Data: Except where Hornhost has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and Hornhost is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with Hornhost services. Hornhost servers are also not be used as a backup storage and is only intended for hosting web files. Hornhost reserves the right to cancel the service at any time and, prorate refund will be issued.
- Payments and Fees: An invoice will be raised and can be paid from the Client Area, please note that service may be suspended on accounts that reach 7 days past due. You must renew your domain names before 21 days from it's due date. The service will be terminated on accounts that reach 15 days past due.
- Account Cancellation: All requests for canceling any service/services must be submitted at our client area in writing with at least 7 days notice.