Terms of Use

Upon signing up for Spiderhost's services, all customers agree to comply with Spiderhost's Terms of Use. The spirit of this policy is to ensure our customers are using Spiderhost's services with due regard to the rights of other Internet users and in conformity with the requirements of Spiderhost's network environment. Please note that asterisked items (*) are not applicable to Dedicated Server customers.
NO SPAM! NO ADULT MATERIAL! NO ONLINE PHARMACIES!

Illegal Use

Spiderhost's servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots.

Adult Content

Due to the special system and network requirements of adult-oriented sites, pornography and sex-related merchandising are prohibited. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.

System and network security

Violations of system or network security are prohibited, and may result in criminal and civil liability. SPIDERHOST, INC will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.

Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.

Interference with service to any user, host or network including, without limitation, mailbombing, 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.

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 either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. Spiderhost shall 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.

CGI Scripts*

CGI script sharing with domains not hosted by Spiderhost is not permitted. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

Chat Rooms*

Spiderhost does not allow customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option.

IRC

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

SPAM

Spamming, the sending of unsolicited mass email from or through a Spiderhost server or using an email address that is maintained on a Spiderhost machine is STRICTLY prohibited. Spiderhost will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but reference in the spam a web site hosted on a Spiderhost server. Violators will be assessed a minimum fine of $200 and will face immediate suspension.

Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site.

Server Abuse

Any attempts to undermine or cause harm to a Spiderhost server or customer are strictly prohibited.

DSL Use

The ability to provide broadband products such as DSL at such a low price point is due to ISP’s “oversubscribing” their high capacity lines. This is necessary to ensure profitability and provide a high level of support to our Customers. In consideration of the above points, Spiderhost does not allow customers to abuse bandwidth. Abuse of bandwidth is defined as utilizing a significant amount of available bandwidth for long periods of time.

Spiderhost reserves the right to temporarily limit customer’s bandwidth as necessary in order to regulate available bandwidth.

Servers on customer DSL accounts are allowed. However, Spiderhost reserves the right to limit or block access to customers who overuse bandwidth. If you do not agree to be bound by these guidelines, please notify Spiderhost Customer Service, support@spiderhost.com so that we may initiate a closure of your account.

Software Distribution*

Spiderhost's shared web hosting accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact sales@spiderhost.com to make special arrangements.

Billing

Accounts past due are subject to suspension (web site and email are frozen and a notice posted on the website domain). Accounts over 10 days past due are subject to termination (files removed from server). If your account is terminated for any reason, Spiderhost is under no obligation to provide a backup copy of your website. In the event that we retain a backup of your website, an administrative fee to restore your website will be charged.

Backup

Spiderhost DOES NOT GUARANTEE backups of your website.  The owners and webmasters of any site hosted with Spiderhost are responsible to make backups of data on servers.  Spiderhost is not responsible for lost data on any server.

Actions Taken by Spiderhost

The failure by a customer to meet or follow any of the above Terms of Use is grounds for account deactivation. Spiderhost will be the sole arbiter as to what constitutes a violation of the Terms of Use. Spiderhost reserves the right to remove any account without prior notice. When Spiderhost becomes aware of an alleged violation of its Terms of Use, Spiderhost will initiate an investigation. During the investigation, Spiderhost may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Spiderhost 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, Spiderhost will notify the appropriate law enforcement authorities of such violation.

Spiderhost does not issue credits for outages incurred through service disablement resulting from Terms of Use violations.

Spiderhost customers agree to indemnify and hold harmless Spiderhost from any claims resulting from the use of our services that damages them or any other party. The Spiderhost 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. Spiderhost expressly disclaims any representation or warranty that the Spiderhost service will be error-free, secure or uninterrupted. No oral advice or written information given by Spiderhost, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Spiderhost 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.

Modification

Spiderhost reserves the right to add, delete, or modify any provision of its Terms of Use at any time without notice.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A SPIDERHOST, INC. CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.

Complaints regarding Illegal Use or System or Network Security issues should be sent to security@spiderhost.com.

Complaints regarding email abuse should be sent to abuse@spiderhost.com

Complaints regarding USENET abuse or SPAM should be sent to abuse@spiderhost.com