PilotHost - Linux, ASP, Windows 2000, Web Hosting, Reseller Hosting, and Adult Web Hosting

Acceptable Use Policy

PilotHost.com services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secrets and other statutes. PilotHost.com is not responsible for any claims resulting from the use of our service. This is also true for sites that promote any illegal activity or content that may be damaging to PilotHost.com servers or any other server on the internet. Links to such materials are prohibited. This includes, but is not limited to illegal adult sites, warez/pirated software, serialz, hacker programs/archives, and MP3 files.

Legal rights of others:
Unacceptable activities in this regard include posting private information about a person without their consent, infringing intellectual property rights, defaming a person or business, and knowingly making available code which will have a deleterious effect on third party computers. PilotHost.com supports free speech on the Internet, and will not suspend or cancel a customer's account simply because it disagrees with the views expressed by the customer. Where there are allegations that a customer's on-line activity has violated the legal rights of a third party, PilotHost.com will not substitute itself for a court of law in deciding tort claims raised by the third party.

Server Resources
Running programs in the background on a PilotHost.com server without prior written authorization, or running Internet Relay Chat, IRC bots, more then 1000 emails a day and the like are not acceptable uses of PilotHost.com servers. Further, any usage of fifteen percent (15%) or more of our system resources is an undue burden on our system and is unacceptable. If your usage ever exceeds fifteen percent (15%) of system resources, your account may be suspended and or terminated immediately and without prior notice.

Hacking/Cracking
PilotHost.com reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution. If you have any question regarding this abuse policy please feel free to contact PilotHost.com at policycompliance@pilothost.com

Uses Policy and Service Guidelines

PilotHost.com provides web hosting services internationally and has a responsibility to ensure security and provide the highest quality of web hosting available. The following information and guidelines have been designed to ensure the safety and security of our entire hosting network, servers and clientele.

Content
All services provided by PilotHost.com may be used for lawful purposes only.

Adult Content Prohibited.
Adult-oriented sites demand special system, network, and bandwidth
requirements. Pilothost does not accommodate those extraordinarily
large requirements in its standard shared, reseller hosting plans.
Therefore you may not use Pilothost's services for adult-oriented and
pornography sites.
This includes sites that may include sexual content, or links to adult
content elsewhere.

Adult-oriented sites includes :
1- Sites that advertises an adult service and provides information about how to contact the service online (staitc content, link to another website) or offline (by telephone, facsimile, or postal mail ).
2- Sites that display any sexually explicit content and/or link to any Web page or site displaying any sexually explicit content.

In some jurisdictions, even the notice and advertisement of
adult-oriented services may be illegal. It is your sole responsibility
to learn the laws that govern what you are and are not allowed to post
on your Web site.
As part of your agreement with Pilothost, you must comply with all
such applicable laws.

However, Pilothost cannot and does not advise you or make any recommendations to you about the existence of any such laws in a particular jurisdiction.
Nor does Pilothost advise you about how to comply with any such laws. Furthermore, laws vary throughout the United States of America and all over the world, so you should contact your legal advisor for more information and specific recommendations concerning the kinds of online materials that are legal in your region.

If you use Pilothost's service to publish any content that any applicable law deems "harmful," "inappropriate," or "unsuitable" for minors (persons under 18 years of age) then you must provide appropriate protection to prevent minors from accessing that content.
Such protection is your sole responsibility because Pilothost does not censor the content of your Web sites and pages.

If you have a reseller account with Pilothost, you may not resell
our hosting services to any clients or customers that sell adult
content.

You may not use Pilothost's services to sell or solicit sales for any
of the following items, products or services because they are or may
be illegal in one or more jurisdictions where Pilothost's services are
offered, or where they can be viewed through Pilothost's services:

Online pornography or adult content for which a viewer must subscribe
to access it.
Adult content-related products or services (including X-rated videos,
pictures, etc. especially of individuals under 18 years of age), and
Obscene materials, as defined by law.

If we find any of your sites (or any of the sites of your customers, if you have a reseller account) to be selling any of the prohibited products or services, the offending accounts shall be subject to immediate account termination.

copyright Infringement Notice Information
In accordance with the Digital Millennium Copyright Act, PilotHost.com has adopted a policy that provides for termination of websites hosted by PilotHost.com that are found to infringe on copyrights of third parties. If a copyright holder believes that there has been a violation of his or her copyright on a website that is hosted by PilotHost.com or its subsidiaries, and the copyright holder wants PilotHost.com to remove the website or disable the material in question, PilotHost.com will remove the website or disable the material if the copyright holder provides us with all of the following information:

A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Identification of the copyrighted work that is claimed is being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works.
Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an electronic mail address at which such person may be contacted.
A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Notices should be directed to:

            PilotHost.com
            Legal Services
            P.O. BOX 36
            Mentor, Ohio 44061

Commercial Advertising - E-mail
Spamming, or the sending of unsolicited e-mail, from a PilotHost.com server or using an e-mail address or domain that is maintained on a PilotHost.com machine as reference is STRICTLY prohibited. PilotHost.com will be the sole arbiter as to what constitutes a violation of this provision.

Misrepresentation of Transmission Information
Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of an message is prohibited.

IRC
IRC, IRC bots, or IRC content is strictly prohibited.

Forum Software: Only one instance of an online forum should be run from a single hosting account (even those with multi-hosted domains enabled). We recommended the forum software phpBB (mySQL version). Forum software using flat-file databases (e.g. UltimateBB, YaBB, IkonBoard flat-file version) are strongly discouraged and may result in the suspension of the affected account should usage levels become abnormal.

Data Transfer: Each account is allocated a pre-specified amount of data transfer per calendar month. Sites are not restricted to a traffic rate but if your account's monthly usage is above your monthly total allotment you may choose to either upgrade to a higher package or purchase additional data transfer. We will work with clients to keep their sites alive and fast at all times.

Backups: PilotHost.com performs nightly, weekly, and monthly backups of critical system files and user files for emergency purposes. Clients should not rely on PilotHost.com to perform site/data backups for them and are responsible for backing up their own data. An easy-to-use instant backup facility is available via the client control panel, cPanel. MySQL data dumps can be easily performed by the client via cPanel, phpMyAdmin, or SSH. Clients are advised to backup all of their own files to their local drives. PilotHost.com is NOT responsible for lost data, time, income or any other resource due to hardware failure, faulty backups or non-existent backups.

Billing: The first payment is due on the signup date. Subsequent payments are due every 30 days following this date (for monthly billing cycles), or every 365 days following this date (for annual billing cycles). Accounts 5 days past due will be de-activated. Accounts 10 days past due will be deleted from the server without a refund of any payments made thus far. Should your account default with any of our sister companies, your PilotHost.com account may be de-activated or removed from our servers. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. You are also giving us permission to register your domain name for you when selecting "new domain" in the order form of our site.

Price Freeze Guarantee: Each client is guaranteed to enjoy the pricing structure that they're currently on for their account(s), for as long as they're on the same account(s) and payment is up-to-date. This guarantee applies even if there are pricing and/or package changes reflected at our main site. New accounts (including those opened by existing clients) always take on the latest pricing structure.

Cancellation: Cancellation can be made via email to billing@pilothost.com. Although no notice is required, and there is no cancellation fee, all fees paid for service up to the notice of cancellation are non-refundable. If cancellation is made within the first 30 days of service and no terms are breached all hosting fees will be refunded. This does not include fees for domain registration. We reserve the right to remove any account without prior notice for any reason.

Server Abuse
Any attempt to undermine or cause harm to a server or customer of PilotHost.com is strictly prohibited.

Refusal of Service: We reserve the right to refuse, cancel, or suspend service at our sole discretion.

IN NO EVENT WILL PILOTHOST.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE PILOTHOST.COM SERVICES OR ANY CONTENT THEREON. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED BY ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION; COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM OUTAGE; OR THEFT, DESTRUCTION, ACT OF GOD, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.

If you have any question regarding this abuse policy please feel free to contact PilotHost.com at policycompliance@pilothost.com

These terms may be modified at any time and without notice. All users previous and new are always subject to the newest terms posted here at all times. It is recommended that you view this page periodically to see if any changes have been made. By filling out an order form, purchasing an account, or paying for an account, you automatically agree to these policies.

LAST UPDATED June 21, 2006

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