Terms of Use & AUP Agreement


Our AUP (Acceptable use Policy) and TOS (Terms of Service) policies are provided to give our customers and users a clear understanding of what My365Host expects of them while using the service.
To all users of My365Host 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 (Acceptable use Policy) and our TOS (Terms of Service). Use of My365Host Service constitutes acceptance and agreement to My365Host AUP as well as My365Host TOS.
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, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP.
My365Host 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 your My365Host account(s). This document is intended to provide a basic understanding of My365Host AUP.
The following are guidelines for the establishment and enforcement of My365Host 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 My365Host intends to provide its customers access to everything the Internet has to offer.

While My365Host is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the My365Host and the Internet and cannot be permitted under the guise of free speech. The resources of the My365Host 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 our service to publish material, which My365Host 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 an My365Host service is used to violate the AUP 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 AUP 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 My365Host.

Domains

Any Domains that are purchased by My365Host are owned by the My365Host.
If at anytime a client wishes to leave Hosting provided by My365Host, My365Host may transfer the Domain to the Clients Name.
As long as a Client is using the Services of My365Host, the Domain will renew for Free every year (UK Domains 2 Years).
If a client has a domain, but is no longer using the Services of My365Host, they must renew the Domain themselves. My365Host reserves the right to deny transfering Domains to any client at anytime.
For the Domain to be transfered to the client, the client must be a client for atleast THREE months. The Price of the Domain will then be deducted from the Monthly Bill, and the client will have to pay the rest (if necesary).

VIOLATIONS OF My365Host TERMS OF SERVICE (Some apply for only OnShore Hosting!)

• Pirated Software
• Fake Contact Information / Information that does not match method of payment information.
• Sharing Account information with third parties. - One account per customer, no sharing accounts. (This also applies to the selling of Accounts / Domains)
• Using a Proxy to register with our Services.
• Bulk email / spam related products
• Illegal pornography / nudity
• Illegal adult content
• Illegal material or material that is against public policy
• Content or links to sites that are detrimental to public policy, health and welfare
• Abuse our staffs of any kind
• Run any type of web spider or indexer on shared servers

Scripts: The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.

• IRC egg drops
• RapidLeech & TorrentFlux (or any similar)
• Proxy servers
• Mail bombers
• Anonymous mailers
• IP spoofers
• Port scanners
• Hivemail
• Telnet or SSH Access Scripts
• nph-proxy (and other scripts what operates like proxy)
• UBB (Ultimate Bulletin Board, all versions)
• lstmrge.cgi
• phpShell
• FormMail.cgi, FormMail.pl from Matt's Script Archive are not allowed.

Background Running Programs: Background daemons in general are prohibited, we will consider requests on a one on one basis. If allowed extra charges will be assessed based on resources on system maintenance needed.

IRC: We currently do not allow IRC or IRC bots to be operated on our servers.

VIOLATIONS OF My365Host ACCEPTABLE USE POLICY

• Illegal use: My365Host services may not be used for illegal purposes, or in support of illegal activities. My365Host 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 My365Host service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
• Threats: Use of the My365Host 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 My365Host service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
• File backup: The users are responsible for files in their hosting account. So they must backup their important files in local pc, If your account is terminated / suspended because of breaking our TOS, then we can not provide you your files. So all users are requested to take their account's backup at least once in a week. We are NOT responsible for any file loss / modifications in your account due to hacking / illegal activity problems.
• Fraudulent activity: Use of My365Host service to make fraudulent offers to sell or buy products, items, or services.
• Fcomery 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 fcomed headers or other identifying information 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 My365Host 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 My365Host 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 My365Host account.
• E-mail / Message Fcoming: Fcoming any message header, in part or whole, of any electronic transmission, originating or passing through the My365Host service is in violation of this AUP.
• Usenet Spamming: My365Host 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 My365Host service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of My365Host 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 My365Host account is subject to immediate termination. Accessing shell without permission is prohibited and may cause the account suspension.
• Copyright or trademark infringement: Use of the My365Host 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 My365Host 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 My365Host service for any activity which affects the ability of other people or systems to use My365Host 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 My365Host 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.
• 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 My365Host services could result in suspension service.
• Third Party Accountability: My365Host 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 My365Host Virtual Accounts: It is absolutely forbidden to host illegal pornographic content. Accounts found hosting this material will be subject to immediate cancellation without refund.
• 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.
• Security: The selling of Accounts is Prohibited. This applies for hosting plans, vps and domains. If you wish to transfer a domain or service to another user, they must make an account, validate it, then ask for a transfer with a support ticket / email to our administrators. -- My365Host.com has the right to deny the transfer of services / domains to a new account at any given time.
• Other: Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
• Other: You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
• Other: 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.
• Other: 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.

Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a 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. My365Host 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 My365Host AUP & TOS

My365Host requests that anyone who believes that there is a violation of this AUP & TOS to direct the information to the Abuse Department at My365Host 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.

My365Host may take any one or more of the following actions in response to complaints:

• Issue written or verbal warnings
• Suspend the Member's account
• Terminate the Member's account
• Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations

Users who violate systems or network security may incur criminal or civil liability. My365Host 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. My365Host reserves the right to suspend/close any accounts with/without any prior notice or at their discretion.

Warnings

If we find you breaking any of these rules listed, you will get 1 warning. After that, if you break the same rule again, we will terminate your site immediately!

My365Host.com reserves the right to suspend or terminate an account of any client at any time without prior warning. - This includes terminating or canceling any accounts due to non-payment.
When applying for Web Hosting, User's must fillout Valid Contact Information to prevent fraud. This includes having method of payments match the client information provided at sign up. Fail to doing so may lead to suspension of account until information is updated, or termination of account without refund.

Disputes
Any Dispute via Paypal or any other merchant, the customer agrees to pay an administrative fee of $20.00 or more for every $10.00 disputed for.
A dispute, will also result in the immediate cancellation and termination of any hosting account you may have with My365Host.com. My365Host.com is not liable for any lost files or domains in result to any disputes. My365Host.com also reserves the right to give all client information regarding any disputes to paypal.


My365Host.com has the right to charge an administration fee to any user violating the terms. This can include the release or unsuspension of any files.
There will be no warning given if a user violates any strict terms, such as the use of Shells, BotNets, RapidLeech, TorrentFlux, or any similar scripts - failing to comply with our regulations, will end in termination of account.

Refunds
Please note that we have a 7-Day Money Back Guarantee.
My365Host.com has the right to deny Refunds before / after 7 Days.
Our Money Back Guarantee does not apply to users are suspended or terminated within the first 7 Days for reasons such as, but not including: violation of terms, high cpu usage, hacking attempts, etc. Payments made via Credit Card Gateways are Non-Refundable. (Such as Google Checkout, 2Checkout, etc).

Administrative Fees
My365Host has the right to charge a fee to a client if deemed necessary.
This includes but is not limited to: Violating Terms, Unsuspending / Suspending Accounts, Server Transfers, Restoration of Backups,
Account Changes, etc.

Changing the Terms of Service
At any time, My365Host reserves the right to edit, modify, or delete any content of the TOS and AUP at anytime without notice. To ensure your safety, we suggest that you read the TOS and AUP to ensure it still meets your approval.

Contacting My365Host
For any Questions or Comments about our TOS or AUP, please use our Contact Form or the email below

Last Edited: August 16th, 2009