Acceptable Usage Policy

ImHosted is dedicated to providing an all-round top quality service. The terms and conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical responsibilities.

Failure to follow any term or condition will be grounds for immediate account deactivation without notice. ImHosted™ will be the sole arbiter as to what constitutes a violation of any of these provisions. Customer understands that prior to joining our services, they must agree to this policy.

Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension.

To report suspected abuses or any violations of these policies, please contact abuse @ imhosted.com


Sites We Do Not Host
We do not permit the hosting of excessive Anime, Manga, Movies, MP3 and Torrent Files. Sites using their accounts for Backup Storage and File Download/Mirror distribution services are also not permitted. Sites breeching this policy may have their files removed without notice. Accounts that repeately ignore this warning will be suspended.

Illegal Usage
ImHosted™ 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, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.  Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots.  The subscriber to ImHosted™ service agrees to indemnify and hold harmless ImHosted™ from any claims resulting from the use of the service that damages the subscriber or any other party.

ImHosted™ will be the sole arbiter as to what constitutes a violation of this provision.

Adult Content
Due to 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 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. Links to such materials are also prohibited.

Security
Violations of system 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, host 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.

Server Resource
Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra (which depends on the resource needed) or reducing the resource used to an acceptable level. ImHosted™ shall be the sole arbiter of what is considered to be a high server usage level.

CGI/PHP/ASP Scripts
Cgi script sharing with domains not hosted by ImHosted™.com is not allowed.  Any cgi-scripts deemed to be adversely affecting the server performance or the network integrity will be shut down without prior notice. See our Script usage policy for more details.

Chat Rooms
ImHosted™ does not allow clients to install their own chat rooms. Chat rooms tend to be large system hogs and we cannot permit it as an account option. ImHosted™ does provide a choice of Java chatrooms which should meet most users' needs and run without hindering the performance of the machine of our servers.

Background Running Programs and Cron Jobs
ImHosted™ does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation.

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

Backups
ImHosted™ performs backups on all servers to ensure critical files are never lost. However ImHosted™ is NOT responsible for lost data, time, income or any other resource due to faulty backups or non-existant backups.

Client Responsibility
The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of ImHosted's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of ImHosted™ to provide this knowledge or support outside matter specific to ImHosted servers.

UCE (Unsolicited Commerce Email) - SPAM
Spamming, or the sending of mass unsolicited email, from or through a ImHosted™ server or using an email address that is maintained on a ImHosted™ machine is STRICTLY prohibited. ImHosted™ will be the sole arbiter as to what constitutes a violation of this provision.  If you engage in any of the foregoing activities using the service of another ISP or IPP, but channeling activities through a ImHosted™ server as a maildrop for responses, you are in violation.  Violators will be assessed a minimum of $200.00 fine and will face an immediate suspension. See our NO SPAM Policy for more details.

Server abuse
Any attempts to undermine or cause harm to a ImHosted™ server or customer of ImHosted™ is strictly prohibited.

Any sub-networks of ImHosted™ and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.

Software Distribution
ImHosted.com's shared Web Hosting accounts are not to be used for the purposes of distributing software and multimedia products.  If you wish to distribute software and/or multimedia files, please contact sales @ imhosted.com for special arrangement.

Multimedia Files
Multimedia files are defined as any graphics, audio, and video files. Imhosted.com Web Hosting accounts are not to be used for the purposes of distributing and storing unusual amount of multimedia files.  Any Web site whose disk space usage for storing the multimedia files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of multimedia files.

Domain Names
ImHosted™ will take necessary steps to register domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. ImHosted™ does not take responsibility for failing to renew domain names. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire. We do not handle renewals unless specifically asked for by sending a ticket to our helpdesk.

We will make every effort to register, transfer and/or renew your requested domain name. This is not a guarantee that your requested domain name is available for registration, transfer and/or renewal. Your domain name may go unregistered, untransferred and/or renewed, due to circumstances beyond our control, such as registry, software and other problems or outages, and will not be grounds for compensation of financial loss.

An order for domain name registration, transfer and/or renewal, does not guarantee domain name registration, transfer and/or renewal. Domain names will not be registered, transferred and/or renewed until payment is received. If requested domain name is paid for, to us and subsequently not registered, transferred and/or renewed by by, the domain registration fee will be refunded.

If we register domain names on your behalf and you refute the entire charge or if we must issue a full refund, your domain name will be forfeited and your domain name becomes the property of ImHosted™. This also applies to any special promotional offers whereby a domain name is included as part of a promotional offer. Note, this only applies to domain names we register on your behalf.

Database
Any database stored on imhosted.com servers shall be limited in size to 20% of the total disk space allotted for a particular domain.

Actions Taken by ImHosted™
The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. ImHosted™ will be the sole arbiter as to what constitutes a violation of the AUP. ImHosted™ reserves the right to remove any account without prior notice.

When ImHosted™ becomes aware of an alleged violation of its AUP, ImHosted™ will initiate an investigation. During the investigation, ImHosted™ may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, ImHosted™ 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, ImHosted™ will notify the appropriate law enforcement authorities of such violation.

ImHosted™ does not issue credits for outages incurred through service disablement resulting from AUP violations.

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

Outstanding invoices
Invoices still outstanding after 40 days will result in account termination.

Governing Law
Customer understands that for all disputes, with regard to any of ImHosted™ services or any term listed in this policy, the only jurisdiction that shall be used in determining liability is the court situated in Queensland, Australia. If ImHosted™ is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse ImHosted™ for its legal fees, costs and disbursements if ImHosted™ is successful. You agree that the Courts of the State of Queensland, Australia are the agreed and appropriate forums for any such suit, and consent to service of process by registered mail or overnight courier with proof of delivery.

Severability
If any term or provision of this Agreement is found to be unenforceable for any reason, this Agreement shall remain in full force and effect and shall be fully enforceable on its remaining terms and conditions.

Modification
ImHosted™ reserves the right to add, delete, or modify any provision of this Policy at any time without notice.

Network Uptime & Credits
This policy also encapsulates our Network Service Level Agreement.

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

Order Screening
ImHosted utilizes FraudRecord services to screen new orders for previous fraudulent activity and report existing clients who violate our Terms of Service. In case of a violation, you may be reported to FraudRecord for misbehaviour using one-way hashed information.