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About Us Support Center Hosting Policies
HOSTING POLICIES
Revised 2/03/05


The MostlyHosting.com customer is expected to have a basic knowledge of how the Internet functions, the types of uses which are generally acceptable on the Internet, and the types of uses which are to be avoided. These policies are not a substitute, however, for the Terms and Conditions of Service which you have agreed to by applying for and using our service. These policies are non-exclusive, and are provided solely for guidance to you, and are revised from time-to-time. Please check back often to review the current version. If you are unsure whether any contemplated use or action is permitted, please send mail to support@select.net for assistance.

CONTENT

We make our servers available to subscribers of our hosting services, but do not necessarily endorse any of the items published through our servers. We reserve the right to refuse to serve the Web presence materials of any existing customer making inappropriate or unreasonable use of our services or an applicant whose planned Web presence activities are deemed to have the potential of creating negative impact on our abilities to serve our customers. The appropriateness and reasonableness of use, and potential of negative impact to us from your materials are matters which shall be determined in our sole judgement. The term "Web presence materials" is defined as data of any form that can be delivered by our Web presence software and hardware resources, including but not limited to our Web server software, hardware, and Internet link.

Examples of inappropriate or unreasonable use:

  • obscene or offensive materials (e.g.graphic and racist materials)
  • materials whose nature and/or volume compromises the ability of our servers to serve other users' Web presence materials, instances including but not limited to unreasonable consumption of disk space, Internet link bandwidth, CPU, and memory usage, as determined by us.
  • materials that violate the commonly accepted etiquette of the Internet
  • materials that are deemed by the government authorities as inappropriate or illegal. Any such government determinations will be binding on you, not us.
  • sending out Unsoliticed Commercial Email (UCE) or Unsolicited Business Email (UBE), both also known as spam via any one of SelectNet's mail servers, or sending out UCE/UBEs from other ISPs' mail servers in an attempt to entice new visitors to your web site(s) hosted with us.
  • using copyrighted materials without authorization
  • pirated software
  • hacker's programs or archives
  • warez sites
  • child Porn or links to child porn 
  • mp3 archives
  • pirated movies of any kind
  • music downloads unless you own the copyright
NOTE: Pornography and sex-related sites are prohibited on our servers. This includes sites that may infer sexual content, or links to adult content elsewhere. This is also true for sites that, in our opinion, promote or might promote any illegal activity or content that is or may be damaging to our servers or any other server on the Internet, or may harm our ability to provide service to our other customers. Links to such materials are also prohibited.

SERVER RESOURCES

Any website that in our opinion uses a high amount of server resources (such as CPU) so that other websites are compromised will be given an option of reducing the resource needed to an acceptable level or cancelling service. Misuse of system resources, including but not limited to employing posts or programs which consume excessive CPU time or storage space, permitting use of email services, mail forwarding capabilities, POP accounts, or auto-responders other than for your own account, resale of access to CGI scripts installed on our servers, or attempting to use a single customer account for third party web sites by allowing more than one domain pointer to be used to reference pages within the customer's site will not be allowed.

EXCESSIVE BANDWIDTH USAGE

The monthly bandwidth allowance is listed on your Plan's detail page. Our server monitors your bandwidth usage and we will notify you if your traffic is exceeding your allowance. Sites that exceed the traffic limits will be charged extra based on the current bandwidth charge listed on the Plan detail page.

FILE BACKUPS

You are solely responsible for backing up your data stored on our servers.

E-MAIL

Customers and affiliates of SelectNet Internet Services are prohibited from using Unsolicited Commercial Email (UCE) and Unsolicited Bulk Email (UBE) as a means of advertising data or services hosted on SelectNet's network, or using the network to distribute such materials. Infringments of this policy can result in termination of service.

Customers and affiliates will be held responsible for the actions of their employees in this matter, so it would be best for Customer or affiliate to implement a similar or stricter policy. Please review the information at http://spam.abuse.net for more information on what constitutes UCE, or 'Spam.' Harassment, whether through language, frequency, or size of messages, is prohibited.

These rules also apply to other types of Internet-based message distribution.
  • Do not send out any Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (also known as spam). We do not want to conduct business with anyone who does unsolicited bulk mailings.
  • Spam-tising your website, i.e. sending out unsolicited bulk email promoting your site at SelectNet but using another ISP's servers to transmit these messages is absolutely prohibited. These prohibitions also encompass newsgroups and public mailing lists and bulletin boards. Do not flood newsgroups or public mailing lists. Even bulk emails with "opt-out" instructions (e.g. those conforming to Section 301, Paragraph (a)(2)(C) of S.1618) are not permitted.
  • Customer will be held liable for such infringment even if the spamming action was done by a third party for Customer's benefit. (i.e. if your advertising agency or one of your employees does the spamming, you would still be held responsible. If a sublessee of your site spams, accountability still remains with you.)
In summary, mass e-mailing is prohibited except in those cases where the recipient is a current, active customer of yours or has signed up on an opt-in email list. You will need to be able to present irrefutable proof of the foregoing if a recipient challenges you on this.

Failure to observe the above mentioned restrictions may result in:
  • an immediate suspension of your account, with full forfeiture of all setup and remaining fees.
  • recovery of all costs incurred by SelectNet to undo any disruptions caused by the transmission of the UCE. Currently, State of California statutes allow us to recover USD $50 per individual message sent, up to a maximum of USD $25,000 daily, plus legal costs.
  • our submission of the the spammer's domain name(s) to all anti-spam blocking databases, making the domain virtually unuseable even when the spammer transfers to another provider.
If an account or Domain Name has been suspended it can only be reinstated when an e-mail is received from the account or Domain Name owner. This e-mail should be sent to:

abuse@select.net

The e-mail must, in the infringer's own words, explain (explaination e-mail):
  • Why the SPAM incident or other Abuse incident occurred;
  • If applicable, display understanding of why mass mailing is forbidden;
  • Commit to incident not occurring again.

    The same party that deals with incoming SPAM or Internet Abuse complaints will be the first arbiter in making a decision as to whether or not the account should be reinstated.

    In making a decision the arbiter shall take into consideration:
  • The authenticity of the e-mail (is it really from the address from which it purports to be);
  • The nature of the response and the understanding and commitment exhibited therein;
  • The history of Abuse on that Domain;
  • To the extent known, the history of Abuse by that customer across different domains.

    As mentioned above, by sending UCE's, we understand a spammer exposes himself to the following legal liabilities:
    • In California, the recovery penalties as prescribed above, i.e. USD 50 per individual message sent up to a maximum of USD 25,000 daily, plus legal costs. Furthermore, the State of California criminalized the use of forged headers with penalties up to 1 year in prison and a $5000 fine. Note that the California statute applies to any message that is routed through network facilities located in the state, whether or not the spam originated in California. It also applies if the site being promoted is hosted on a server in California. So, this includes all SelectNet hosted sites.
    Note that putting up a disclaimer stating that the email was sent in accordance to HR 3113 or proposed Section 301 is not acceptable. It may not dissolve you of any liability. Not only you would still be violating your service contract with SelectNet, but you may still be violating parts of several states' commercial law codes.

    SPECIAL CONSIDERATIONS FOR INTERNATIONAL USE

    Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

    100% SATISFACTION GUARANTEED

    Each of our hosting plans carries a 30 day money back guarantee. If you are not completely satisfied with our services within the first 30 days of usage, you will be given a full refund of the monthly fees excluding setup fees, overages, domain registration fees, or SSL digital certificate fees. Setup fee will be retroactively charged if waived or discounted in the original charge. Setup fees are only refundable if the account order is cancelled prior to activation (service date). SelectNet must be notified within the first 30 days following activation. No refund is available after the 30th day. All cancellations must be received in writing as per the deadlines indicated. Regular mail, e-mail and fax notifications are acceptable. Phone requests will not constitute acceptance of any cancellation.

    This policy only applies to our shared and e-commerce web hosting plans. This policy does not apply to any additional services such as transfer overages, disk space, e-mail accounts, additional domains, etc., or for services ordered after your activation date.

    CANCELLING YOUR SERVICE

    You may cancel your website hosting package upon payment of all past-due fees and fees due for the remainder of the current term. The request to cancel must be in writing at least 10 days prior to the end of your current term. You must send the cancellation request via an e-mail message to customerservice@select.net, by postal mail, or by fax. Website hosting fees paid are not refundable in whole or in part. Cancellation of your hosting package will be effective at the end of your current paid hosting period. Domain name registration fees and SSL Certificate fees are never refundable, in whole or in part. Please be aware that your Domain name expiration date may not coincide with your hosting account expiration date for a variety of reasons.
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