1. Bulk Email:
Toxic Host has Zero Tolerance for Spam.
Spam is Unsolicited Bulk Email (UBE) or Unsolicited Commercial Email (UCE).
"Unsolicited" means the email recipient did not request the email,
but instead the sender initially contacted the receiver.
"Unsolicited" means the email sender made the first move. Email, even
bulk email, is not spam if the sender can demonstrate a prior relationship with
the recipient, for example: if the receiver requested information, is a current
or previous client, or joined an 'opt-in' mailing list or newsletter.
Websites on Toxic Host servers may not broadcast unsolicited
email, advertisements, site promotions, pleas for financial assistance, chain
letters, or any other sort of announcement for yourself
or for someone else. Nor may anyone fabricate or forge email headers that
implicate Toxic Host in any email campaign.
2. Illegal Trafficing:
Websites on Toxic Host Servers may not use our service in the
commission of any crime. Any scheme or activity that violates state, local,
federal or international law is forbidden and Toxic Host
reserves the right to terminate an account found to be in violation of a law,
statute, or regulation. Accounts promoting, pointing to, or re-directing
traffic to an illegal Website are culpable and will be terminated.
Please note that Spam is now an illegal enterprise in several states.
Software piracy, hacking, cracking, phishing, and preaching
are all illegal activities. Websites that promote or support those activities,
as well as Websites that engage in the upload, download, or distribution of
harmful or exploitative software are not welcome. Website Accounts that attempt
to run a robotic crawler, spider, or 'bots' that
harvests email addresses, collects private information, or usurps copyrighted
material will be terminated.
3. Banned Web Space Uses and Disallowed
File Types
- Excessively Downloaded Content and Unlinked Content.
- Game Sites including RPG scripts and downloadable files.
- MP3's, Gambling, Warez, Torrents, P2P, CGI Chat, Dead Sites that run in the
background , Download Sites unless your a software company that owns the
rights, Gamers, IRC, Spam, Hacks, Media Streaming are not allowed on our
servers.
- You may not use our server to backup your files or as a file storage server.
4. E-commerce:
Toxic Host applauds E-commerce and free trade. We welcome
entrepreneurs and small business, but your trade must be conducted legally.
If you choose to sell and/or distribute a product from our Webserver,
you must have any and all required local, state, and federal licenses and
permits in place before you engage in business. You must observe all
import/export laws, tariffs, and duties covering the sale and distribution of
your chosen product(s). Note: While the
Most countries around the world regulate the exportation of their antiquities
and items of historical importance or cultural significance. Likewise, most of
the world's sovereign nations ban or limit importation of certain restricted
items. This may include items considered innocent in a Western democracy, like
music, manuscripts,or even
T-shirts and jeans. Within the
5. Adult Content:
You may not publish adult-only sites. Visually depicting the sexual exploitation of children (under 18) is illegal
everywhere.
6. Violation of Good Taste
Blatant expressions of bigotry and hatred, and material that defames,
abuses, harasses, or threatens any person or group may be illegal. If not
illegal, it is still repugnant and socially unacceptable. Toxic Host
reserves the right to be the final judge as to what is or is not acceptable
content on our Servers.
7. Violation of Copyright Laws
You may neither upload nor offer for download any material that violates or
infringes on the copyright, trademark,
8. System Abuse
Any misuse of Toxic Host’s Servers that disrupts the normal
system activity is strictly prohibited. You will be hosted in a shared
environment which means other users have needs also. Repeat System abuse will lead to
termination of your account. Examples of system abuse include but are not
limited to process spawning and runaway processes that consume more than your
fair share of system resources. Programs that hog RAM or require excessive disk
swaps, or greedy code that steals CPU cycles, would be called bad programming
and system misuse.
9. Command Line Access
For security reasons, we do not allow shell access unless specified in account.
Attempts to penetrate server security will result in the termination of your
account without notice.
10. Binary Files
Your account may not be used solely as a storage or backup facility. All binary
files in your directory must be linked from publicly accessible HTML pages also
found in your directory. We prevent the theft of your bandwidth and the misuse
of your Website for download-only storage by limiting the linking ability from
other servers to HTML files only.
11. Culpable Parties
Just as there is one responsible party for a Domain Name Account,
a Website Account has but one responsible party. You alone, our Customer and
Subscriber, are responsible for the contents of your Website. Although a
Webspace may reflect content and collateral contributions from other persons,
each Subscriber is ultimately bound by the Terms of this Agreement. You will be
responsible for adherence to this Agreement.
We reserve the right to terminate any account without warning or notice if any
restriction in this Agreement is violated. If any law is violated,
repercussions both civil and criminal will be born solely by you as the account
holder and Webmaster of your domain.
12. False Identity
Impersonating another user or in any way falsifying one's online identity in
e-mail or other Internet Service(s) is illegal. Your Website impersonating
another Website in order to dupe visitors and/or gather private information is
also illegal. Falsifying internet headers with malicious intent is illegal.
13. Fair Use Policy
Although we refer to some of our plans as unmetered if there is
indications that the user is abusing the account then they could be
suspended. This includes but is not limited to: creating accounts with
huge amounts of space, other massive reseller accounts (maximum 5000GB space,
5000 GB transfer), and giving shell access to other accounts.
14. Service Interruptions
Toxic Host may periodically interrupt hosting service briefly
for routine or necessary maintenance. Otherwise we are committed to providing
uninterrupted Internet service.
Toxic Host may intentionally interrupt your hosting service by
suspending or cancelling it if your Subscription payments fall behind by ten
(10) or more days. Contact us and we will work with you to (a) restore service,
(b) rescue data left in our system, or (c) otherwise resolve your accounting
problem.
15. Limitation of Liability
Toxic Host and its third party suppliers make no
representations concerning the suitability, reliability, or accuracy of the
Content or the Service provided for any purpose. We and our third party
suppliers disclaim all warranties, expressed or implied, in connection with the
Content and the Service provided, including conditions of merchantability,
fitness for a particular purpose, title and non-infringement. In no case will
we or our third party providers be liable for any direct, indirect, punitive,
special or other damages including, without limitation, loss or delay of use,
lost profits, loss of data, or any other damage in contract, tort, equity, or
any other legal theory, even if advised of the possibility thereof.
Toxic Host provides opportunities to users of our Web Service
to use or buy services from third parties. Sites of those third parties may be
subject to terms and conditions different from those found here. Toxic
Host makes no warranty concerning third party provided goods or
services and you agree that any recourse for dissatisfaction or problems with
those goods or services will be sought from the third party provider and not
from Toxic Host.
Because some states/jurisdictions do not allow the exclusion or limitation of
liability for consequential or incidental damages, this limitation may not
apply in part to you. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB
SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SERVICE.
15. Refunds
Toxic Host in no situation will
offer a refund for any due reason. If you are unhappy with a service then
please use our Support Desk
to complain. Depending on the situation you maybe offered a partial refund or
upgraded service.
If you believe there is a violation of these Terms of Service, Toxic
Host requests that you direct a complaint to our Abuse Department at abuse@toxichost.co.uk
or to any other email address owned by Toxic Host.
If available, please provide the following information:
Forwarding an email with full header information provides all of the above,
as do syslog files. Other situations will require
different methods of providing the above information.
Toxic Host may take any one or more of the following actions
in response to complaints: