This Hosting Agreement (the “Agreement“) governs your purchase and use, in any manner, of all hosting services ordered by you (the “Subscriber“) and accepted by Hardhat, Inc. (“Hard Hat Hosting“). The hosting services subject to this Agreement are those services including in the Service Options selected by you during the ordering process (collectively, the “Services“). The available Service Options are posted at http://www.hardhathosting.com. This Agreement describes the terms and conditions that apply to such purchase and use of the Services. You must accept the terms of this Agreement to use the Services.
BY CHECKING THE BOX THAT SAYS “I HAVE READ AND ACCEPTED THE TERMS OF SERVICE” AND REGISTERING FOR AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ANY MODIFICATION, DO NOT CHECK THE BOX OR CONTINUE TO USE THE SERVICES.
1. Hosting Services.
1.1 General. Subscriber has ordered, and Hard Hat Hosting agrees to provide (upon acceptance of Subscriber’s purchase request), the Services pursuant to the Service Options selected by Subscriber. As part of the Services, Hard Hat Hosting will (a) configure, install, house, maintain, upgrade, monitor, modify and operate the computer equipment, server(s), operating software, network equipment and components (collectively, “Hard Hat Hosting’s Systems“) and (b) secure and maintain connectivity with third-party telecommunication providers, all as necessary to host and serve the Subscriber’s Content (as defined below) via the Internet in accordance with the Service Options. Subscriber acknowledges that, as a part of Hard Hat Hosting’s Systems, Hard Hat Hosting may retain one or more third-party service providers to supply the necessary facilities, equipment, and connectivity to provide the Services hereunder. Subject to the specific terms of this Agreement, Hard Hat Hosting retains sole right and control over the programming, content and conduct on Hard Hat Hosting’s Systems. Subscriber is responsible for securing and maintaining its own Internet connectivity to access Hard Hat Hosting’s Systems.
1.2 Domain Name Services.
1.2.1 General. At the election of Subscriber and in accordance with the Service Options selected by Subscriber, Hard Hat Hosting may provide Domain Name Services, including the hosting of one or more domain names held by Subscriber (“DNS Services“) as part of the Services. If Subscriber purchases DNS Services under its Service Options, Subscriber shall provide Hard Hat Hosting with one or more registered domain names (each a “Subscriber Domain“). Hard Hat Hosting shall host the Subscriber Domain(s) during the effective term of this Agreement; provided that, such domain does not violate any registrar’s policies, or any laws or regulations. Hard Hat Hosting agrees to transfer the Subscriber Domain at the direction of Subscriber or upon termination of this Agreement. Subscriber shall retain all right, title, and interest in the Subscriber Domain, and, in no event, shall Hard Hat Hosting acquire any ownership, title, interests or rights in the Subscriber Domain.
1.2.2 ICANN. Any Subscriber Domain shall be hosted and administered in accordance with terms of ICANN’s then current domain name dispute resolution policy and/or the policies of the registrar of the Subscriber Domain. The inability to use a domain name shall not entitle Subscriber to a refund by Hard Hat Hosting of any fees paid with respect to the registration of such unusable domain name.
1.2.3 IP Addresses. Hard Hat Hosting may assign IP addresses to Subscriber as part of the Services. Any IP addresses or other network numbers assigned to Subscriber by Hard Hat Hosting are and shall remain the property of Hard Hat Hosting. If Subscriber terminates this Agreement and/or Hard Hat Hosting ceases to provide domain name services, Hard Hat Hosting may, in its sole discretion, reassign or reuse the IP addresses. Hard Hat Hosting has sole discretion as to the Internet routing of any Hard Hat Hosting network numbers. Upon termination, Hard Hat Hosting will not have, and Subscriber hereby releases Hard Hat Hosting from, any responsibility or liability for any actions or costs related to the reassignment or reconfiguration of Subscriber’s system for any new IP addresses.
1.3 Uptime Goal. Hard Hat Hosting shall use commercially reasonable efforts to make Hard Hat Hosting’s Systems and the Service available 99.5% of the time (the “Uptime Goal“). The Uptime Goal shall be measured within Hard Hat Hosting’s System on a monthly basis calculated to include twenty-four (24) hours per day over each month, but excluding from the numerator and denominator in the calculation the duration in time of any temporary shutdowns due to scheduled maintenance (which will not exceed in the aggregate ten (10) hours per month), telecommunications or power disruptions caused by third parties, and any other causes beyond Hard Hat Hosting’s reasonable control. Any failure of Hard Hat Hosting to satisfy the Uptime Goal shall not constitute a breach of this Agreement. SUBSCRIBER FURTHER ACKNOWLEDGES AND AGREES THAT ITS SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OF HARD HAT HOSTING TO PROVIDE THE SERVICES IN ACCORDANCE WITH THE UPTIME GOAL IS TO TERMINATE THIS AGREEMENT PURSUANT TO SECTION 4.1.
1.4 Bandwidth and Storage Allowances. If Subscriber uses any bandwidth or storage space in excess of the Service Options, Hard Hat Hosting may, in its sole discretion, assess Subscriber with additional charges, suspend the performance of the Services, or terminate this Agreement. In the event that Hard Hat Hosting elects to take any corrective action, Subscriber shall not be entitled to a refund of any unused pre-paid fees. Subscriber’s use of the Services and access to it is Subscriber’s responsibility. Subscriber is responsible for any unauthorized access to the Services resulting in bandwidth and/or storage usage exceeding the limits in the Order Form and resultant charges. Should shared server customers exceed the specified limits, they will be asked to convert to a dedicated server plan.
1.5 Modifications to Services. Hard Hat Hosting reserves the right to change or modify the Services, any Service Options, the terms and conditions of this Agreement, or any policy or guideline applicable to the Services, at any time in its sole discretion. Hard Hat Hosting will send a notice to Subscriber of any such changes and will post a notice of such changes on Hard Hat Hosting’s web site at http://www.hardhathosting.com. Changes to this Agreement or Service Options will be effective the later of fifteen (15) days or Subscriber’s next monthly billing cycle. Changes to any policy or guidelines governing the Services, including the Acceptable Use Policy, shall be effective upon posting to the Hard Hat Hosting site. If Subscriber does not agree to any change to this Agreement, the Service Options, or any governing policy or guideline, Subscriber’s sole remedy is to immediately terminate this Agreement pursuant to Section 4.1 (notwithstanding any notice period). Subscriber’s continued use of the Services following Hard Hat Hosting’s posting of any changes to this Agreement, the Service Options, or any policy or guideline will constitute Subscriber’s acceptance of such changes or modifications.
1.6 Service Option Changes. Subscriber may change Service Options under the Agreement with appropriate prior notice but will be subject to a change fee for such.
2 Subscriber Content; Acceptable Use.
2.1 Subscriber Content. Subscriber hereby grants Hard Hat Hosting a limited, non-exclusive, royalty-free, non-sublicensable license to host, reproduce, transmit, cache, store, exhibit, publish, display, distribute, perform, edit, adapt, modify, create derivative works from, and otherwise use the Subscriber Content solely as necessary to provide the Services for Subscriber. “Subscriber Content” means all materials, code, data, text (whether or not perceptible by users), multimedia information (including, but not limited to sound, data, audio, video, graphics, photographs, or artwork), Subscriber Domain(s), e-mail, chat room content, bulletin board postings, or any other items or materials of Subscriber or any third party that are provided or permitted by Subscriber to reside on Hard Hat Hosting’s Systems.
2.2 Subscriber’s Sole Responsibility. Subscriber shall be solely responsible for all Subscriber Content, including, without limitation, any content or materials of a third party that Subscriber permits or enables to be posted onto or through Hard Hat Hosting’s Systems. Subject to the terms of this Agreement, Subscriber shall (a) be solely responsible for the creation, posting, updating and maintenance of the Subscriber Content; and (b) manage, renew, create, delete, edit and otherwise control the editorial content of the Subscriber Content. Hard Hat Hosting will not be responsible for reviewing the Subscriber Content prior to its posting by Subscriber.
2.3 Compatibility. Subscriber is responsible for ensuring that the Subscriber Content will be “server ready” and otherwise remain fully compatible with Hard Hat Hosting’s Systems (including all software and operating systems). Subscriber acknowledges that it is responsible for having the necessary knowledge and expertise to maintain the Subscriber Content on Hard Hat Hosting’s Systems. Hard Hat Hosting reserves the right to remove any Subscriber Content that is not compatible with Hard Hat Hosting’s Systems. Upon request from Subscriber, and at Subscriber’s sole expense, Hard Hat Hosting may assist Subscriber in resolving any compatibility problems on a time and materials basis.
2.4 Acceptable Use.
2.4.1 Subscriber Obligation. Subscriber shall at all times adhere to all applicable laws, rules, and regulations and to Hard Hat Hosting’s then current Acceptable Use Policy (or such other location as Hard Hat Hosting may specify). A current version of the Acceptable Use Policy can be found below, or by clicking here.
2.4.2 Hard Hat Hosting’s Rights. Hard Hat Hosting may inspect the Subscriber Content or investigate any alleged violation of this Agreement, Hard Hat Hosting’s policies or any third-party complaints. Hard Hat Hosting will not access or review the contents of any e-mail or other stored electronic communications except as required or permitted by applicable law or legal process. In the event that Hard Hat Hosting determines in its sole and reasonable discretion that any Subscriber Content or conduct or actions of Subscriber (including its employees and users) are objectionable, unlawful, potentially infringing or otherwise violate this Agreement, the Acceptable Use Policy, or other applicable policy, Hard Hat Hosting may take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, subscribers and/or third parties. Such corrective action includes, but is not limited to: (a) issuing a warning; (b) immediately suspending or terminating the Services; (c) restricting or prohibiting access to any Subscriber Content that is objectionable or otherwise violates this Agreement or applicable policy; and/or (d) disabling or removing hypertext links, Subscriber Content or the content of any third party from Hard Hat Hosting’s Systems. In the event Hard Hat Hosting takes corrective action, Hard Hat Hosting shall not refund any fees paid in advance of such corrective action. Without limiting the foregoing, it is Hard Hat Hosting’s policy to terminate its services for repeated violations of Hard Hat Hosting’s Acceptable Use Policy.
2.4.3 Disclosure Rights. To comply with applicable laws and lawful governmental requests, to protect Hard Hat Hosting’s Systems and Hard Hat Hosting’s customers, or to ensure the integrity and operation of Hard Hat Hosting’s business and systems, Hard Hat Hosting may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and Subscriber Content residing on Hard Hat Hosting’s Systems.
3 Fees and Payment Terms.
3.1 General. Subscriber agrees to pay to Hard Hat Hosting’s then current set up and service fees in accordance with the Service Options and any and all costs and expenses incurred by Hard Hat Hosting in connection with the Services provided to Subscriber by Hard Hat Hosting under this Agreement. For billing purposes, fractions of units shall be rounded up. All fees shall be billed by Hard Hat Hosting in advance of providing the Services on a monthly basis. All charges are considered valid unless disputed in writing within thirty (30) days of the invoice date. Subscriber agrees to pay all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services provided to Subscriber, other than taxes based on Hard Hat Hosting’s net income. Subscriber’s failure to fully pay any fees and taxes within fourteen (14) days after the applicable due date will be deemed a breach of this Agreement, justifying Hard Hat Hosting’s suspension of its performance of the Services and, in Hard Hat Hosting’s sole discretion, termination of this Agreement. Accounts in default are subject to $25 reactivation fee and an interest charge on the outstanding balance equal to the lesser of 1.5% per month or the maximum rate permitted by law. Any termination by Hard Hat Hosting for Subscriber’s failure to pay will not relieve Subscriber from paying past due fees plus interest. In the event of collection enforcement, Subscriber shall be liable for any costs associated with such collection, including, but not limited to, reasonable attorneys’ fees, court costs and collection agency fees.
3.2 Price Changes. Subscriber acknowledges that the Services are being provided on a monthly basis and Hard Hat Hosting reserves the right to change the monthly fees associated with the Service Options selected by Subscriber. In such event, Hard Hat Hosting will give Subscriber at least fifteen (15) days notice prior to Subscriber’s next billing date. If Subscriber does not agree to pay the new fees, Subscriber may terminate this Agreement by providing written notice to Hard Hat Hosting within the fifteen-day notice period. If Subscriber does not elect to cancel its service, Subscriber hereby consents to pay the new fee under the same terms and conditions, including the method of payment, as the previous fee.
3.3 Checks or Money Orders. Subscriber may pay fees by check or money order in U.S dollars only. HardHat, Inc. will not accept international checks in foreign currency. In the event that a check is returned as unpayable, Subscriber will be assessed a $25.00 returned check fee. If Subscriber fails to pay all fees by the Payment Date, Subscriber will be sent a suspension of service Services email which will grant Subscriber fourteen (14) days to make payment.
3.4 Credit Card. Subscriber may pay fees by Mastercard, Visa, American Express and Discover(Credit Cards) Credit Cards shall be charged seven (7) days prior to the Payment Date to the Credit Card given at the time Subscriber submits the Service order. Payment by credit card includes the authorization to charge all future recurring fees and charges to the Credit Card on file with HardHat, Inc. If Subscriber’s Credit Card is denied, for any reason, Subscriber will be sent a notice by email, If payment is not received by the Payment Date, HardHat, Inc. may make one final attempt to charge Subscriber’s credit card on or around the Payment Date. If payment is not secured by the Payment Date, Subscriber will be sent a Suspension of Services e-mail which will grant Subscriber fourteen (14) days to make payment. In the event Subscriber intiates a charge back, HardHat, Inc. may immediately suspend all Services to Subscriber until such time as full payment is received in addition to a $25.00 charge back fee and $25.00 reactivation fee.
3.5 Renewals. Subscriber understands that Web Hosting services and Domain Name registrations renew automatically according to the term selected during initial sign-up unless cancelled in writing 14 days prior to the Renewal Date.
4 Term of Service.
4.1 Term and Cancellation Policy. Services will automatically renew until service is cancelled. If you do not wish to renew your Monthly, Quarterly, Semi-Annually, Annual, or Bi-Annual Service agreement you must cancel your account by going to our Customer Service department at https://www.hardhathosting.com/support-ticket, select department “billing”, provide Account Domain Name, Username, and last 4 digits of billing Credit Card on file. The Agreement shall remain in full force and effect until terminated by either party. Either party may terminate this Agreement for any reason by providing the other party fourteen (14) days prior written notice; provided that, Hard Hat Hosting may immediately terminate or suspend the Services and this Agreement upon written notice for Subscriber’s or its users’ violation of the Acceptable Use Policy. Upon any termination of this Agreement, Hard Hat Hosting will not refund, and Subscriber is not eligible for, any remaining portion of any monthly, quarterly or annual fee that already has been charged.
4.2 Effect of Termination. Should this Agreement be terminated for any reason, Hard Hat Hosting will not be liable to Subscriber because of such termination for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with Subscriber’s business, or for any other reason whatsoever flowing from such termination. Subscriber is solely responsible for procuring any new or replacement service upon termination. Any termination of this Agreement shall not relieve Subscriber of any obligations to pay fees and costs accrued prior to the termination date and any other amounts owed by Subscriber to Hard Hat Hosting as provided in this Agreement. Upon termination of this Agreement, the following sections shall survive and remain in effect in accordance with their terms: Sections 4.2 and 5 through 9.
4.3 Refund Policy. Subscriber shall have 14 days from the sign-up date to cancel their service for any reason, in writing, for a full refund minus the costs of domain name registrations or software aquired at the time of purchase of web hosting services. Subscriber is not eligible for, any remaining portion of any monthly, quarterly or annual fee that already has been charged after the initial 14 day period.
5 Reservation of Rights.
Hard Hat Hosting is the exclusive owner of and retains all right, title and interest (including, but not limited to, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights thereto (collectively, “Proprietary Rights“)) to all materials, including but not limited to any computer software (in object code and source code form), data or information developed or provided by Hard Hat Hosting or its suppliers pursuant to this Agreement, and any know-how, methodologies, equipment, or processes used by Hard Hat Hosting to provide the Services to Subscriber. Subscriber is the exclusive owner of and retains all right, title and interest (including all Proprietary Rights) to the Subscriber Content. Note that Hard Hat Hosting does not guarantee retention of Subscriber Content beyond thirty (30) days after termination
6 Warranties and Representations
6.1 Subscriber. Subscriber represents, warrants and covenants to Hard Hat Hosting that: (a) the Subscriber Content or its use shall not violate, misappropriate or infringe any Proprietary Rights or any other personal, privacy or moral right arising under the laws of any jurisdiction of any person or entity, nor shall same constitute a libel or defamation of any person or entity; (b) the Subscriber Content will not contain any harmful components, including, but not limited to, viruses, trap doors, hidden sequences, hot keys, or time bombs; (c) Subscriber has all right, power and authority necessary to enter into this Agreement and use the Subscriber Content as described herein; and (d) Subscriber shall comply with all applicable laws, rules and regulations (including, but not limited to, export control, decency, privacy and intellectual property laws).
6.2 Disclaimer. Hard Hat Hosting exercises no control over, and accepts no responsibility for, third-party content of the information passing through HARD HAT HOSTING’s System, network hubs and points of presence, or the Internet. SUBSCRIBER ACKNOWLEDGES THAT Hard Hat Hosting’S SYSTEMS (INCLUDING ANY SOFTWARE AND ANY OTHER ITEMS USED OR PROVIDED BY HARD HAT HOSTING IN CONNECTION WITH ANY SERVICES HEREUNDER) ARE PROVIDED “AS IS.” HARD HAT HOSTING DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE SERVICES (INCLUDING THE DNS SERVICES THEREIN) OR HARD HAT HOSTING’S SYSTEMS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. HARD HAT HOSTING MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER THAT THE SERVICES AND HARD HAT HOSTING’S SYSTEMS WILL BE UNINTERRUPTED, ALWAYS ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE.
7 Limitation of Liability
HARD HAT HOSTING SHALL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF HARD HAT HOSTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HARD HAT HOSTING HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. THE TOTAL LIABILITY OF HARD HAT HOSTING TO SUBSCRIBER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO HARD HAT HOSTING BY SUBSCRIBER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM AROSE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY HARD HAT HOSTING HEREUNDER HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK.
Subscriber will indemnify, hold harmless, and defend Hard Hat Hosting and all employees, officers, directors and agents of Hard Hat Hosting and any of its affiliates from and against any and all claims, suits, actions, demands or proceedings (whether threatened, asserted, or filed) and all related damages, losses, liabilities, cost and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or relating to: (a) any violation or breach by Subscriber of any term, representation or warranty, or policy of this Agreement; (b) Subscriber’s unlawful or improper use of the Services; (c) any damages caused to Hard Hat Hosting’s Systems by the Subscriber Content; (d) any actual or alleged violation of any Proprietary Rights or non-proprietary rights (including, but not limited to, defamation, libel, rights of privacy or publicity) by Subscriber Content.
9 General Provisions.
9.1 Force Majeure. Hard Hat Hosting shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control, including but not limited to, acts of God (fire, storm, floods, earthquakes, etc.), civil disturbances, disruption of telecommunications, power or other essential services, or interruption or termination of service by the service provider being used by Hard Hat Hosting to link its servers to the Internet, or any malicious or unlawful acts of any third party.
9.2 Independent Contractors. Hard Hat Hosting and its personnel, in performance of the Services, are acting as independent contractors and not as employees or agents of Subscriber.
9.3 Waiver; Amendment. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights. Except as expressly provided by this Agreement, no term or condition of this Agreement may be modified without the prior written consent of the parties.
9.4 No Assignment. Subscriber may not assign, without the prior written consent of Hard Hat Hosting, any rights, duties or obligations under this Agreement to any person or entity, in whole or in part, whether by assignment, merger, transfer of assets, sale of stock, operation of law or otherwise, and any attempt to do so shall be void.
9.5 Governing Law; Attorneys’ Fees; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. Venue for any action or proceeding under this Agreement shall be in a federal or state court of competent jurisdiction located in Jackson County, Missouri.
9.6 Headings. Headings herein are for convenience of reference only and shall in no way affect interpretation of this Agreement.
9.7 Notice. All notices and other communications required or permitted hereunder shall be in writing and delivered in person, by courier, prepaid certified or registered U.S. mail, facsimile with confirmation, or e-mail with return receipt to the parties. Notice shall be effective when received. Hard Hat Hosting shall send notice to the Subscriber in accordance with the information submitted by Subscriber during registration or as otherwise specified by Subscriber in writing. Subscriber shall provide notice to Hard Hat Hosting at the following:
1627 Main Street, Suite 300
Kansas City, MO 64108
Facsimile: (816) 303-4447
9.8 Entire Agreement; Severability. This Agreement, the incorporated policies and the Service Options selected by Subscriber constitute the complete and exclusive statement of agreement between the parties, and supersedes and merges all prior proposals and all other agreements, oral and written, between the parties relating to the subject matter of this Agreement. In the event that any provision of this Agreement shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
This Acceptable Use Policy (the “Policy“) describes the proper kinds of conduct and prohibited uses of the hosting and e-mail services (the “Services“) provided by Hardhat, Inc. (“Hard Hat Hosting“). This Policy is not exhaustive and Hard Hat Hosting reserves the right to modify it at any time, effective upon posting of the modified version to http://www.hardhathosting.com/about/terms-of-service or such other location designated by Hard Hat Hosting. By using Hard Hat Hosting’s Services, you agree to abide by the then current version of this Policy.
ANY VIOLATION OF THIS POLICY MAY RESULT IN THE SUSPENSION OR TERMINATION OF THE SERVICES AND SUCH ACTION AS HARD HAT HOSTING DEEMS APPROPRIATE AS FURTHER DESCRIBED IN THE HOSTING AGREEMENT. ANY REPEATED VIOLATION OF THIS POLICY WILL RESULT IN THE TERMINATION OF THE HOSTING AGREEMENT. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY YOU.
Hard Hat Hosting’s Services enable you to host and serve your Web site and all related content, including, but not limited to, programs, program scripts, e-mail, text, bulletin board postings, hypertext links, meta tags, domain names, pictures, graphics, forums, interactive media, and audio/visual materials that you or a third party (collectively, “Subscriber Content“) posts on your Web site or other equipment, servers, software and network of Hard Hat Hosting (collectively, “Hard Hat Hosting’s Systems“). Generally, Hard Hat Hosting does not actively monitor, censor, or directly control any information that is stored on or transmitted over Hard Hat Hosting’s Systems. Hard Hat Hosting cannot and does not warrant, verify or guarantee the quality, accuracy, safety or integrity of your Subscriber Content or other materials or information that you or a third party may post or access through the Services. You are solely responsible for all of the Subscriber Content and your and your users’ use of Hard Hat Hosting’s Services and your Web site.
No Illegal or Harmful Uses
Hard Hat Hosting’s Services and Systems may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is strictly prohibited. The following non-exhaustive list describes the kinds of illegal or harmful conduct that are prohibited. Hard Hat Hosting reserves the right to restrict or prohibit any and all uses or content that it determines in its sole discretion is harmful to its systems, network, reputation, good will, other Hard Hat Hosting customers, or any third party.
- Infringement. Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret or other intellectual property right used without proper authorization. Infringement may result from the unauthorized copying and posting of pictures, logos, software, articles, musical works, and videos.
- Illegal Materials. Disseminating or hosting material that is, without limitation, unlawful, libelous, defamatory, obscene, harmful, invasive of privacy or publicity rights, abusive, or otherwise objectionable.
- Harmful Content. Disseminating or hosting harmful content or software including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots, including pronography or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
- Fraudulent Conduct. Offering or disseminating fraudulent goods, services, schemes, or promotions (i.e., make money fast schemes, chain letters, and pyramid schemes); fraudulent submission or use of personal or financial information; or engaging in any practice that constitutes an unfair or deceptive trade practice.
- Export Violations. Posting or sending of software or technical information in violation of U.S. export laws, including, without limitation, the Export Administration Regulations maintained by the Department of Commerce.
Maintenance of Security and Integrity
Violations of system or network security are prohibited, and may result in criminal and civil liability. Hard Hat Hosting 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:
- Hacking. 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.
- Interception. Unauthorized monitoring of data or traffic on any network or system of Hard Hat Hosting or any third party.
- Intentional Interference. Interference with service to any user, host or network including, but not limited to, denial of service attacks, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks.
- Falsification of Origin. Forging of any TCP-IP packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers.
- Avoiding System Restrictions. Using manual or electronic means to modify usage details for billing reasons or to avoid any use limitations placed on the Services such as access and storage restrictions.
No Adult Sites or Pornography
Pornography and sex-related merchandising are expressly prohibited on Hard Hat Hosting’s servers. This includes implying sexual content, display of nudity, or any link to adult content anywhere else.
No E-Mail Abuses
You may not distribute, publish, send or incite unsolicited mass e-mailings, promotions, advertising, or solicitations (such as “spam”), including, without limitation, commercial advertising, informational announcements, and mail bombing. You may not use Hard Hat Hosting’s mail server or a third party mail server to relay mail without the express permission of the account holder or the third party site. Posting the same or similar message to one or more newsgroups (including, but not limited to, the use of chain letters, excessive cross-postings or multiple-postings) is explicitly prohibited.
No Service Bureaus
You may not sell, assign, rent, transfer, distribute, act as a service bureau, or grant rights in the Service to any other person without the express prior written consent of Hard Hat Hosting.
Enforcement by Hard Hat Hosting
Hard Hat Hosting reserves the right, but does not assume the obligation, to investigate any violation of this Policy or misuse of Hard Hat Hosting’s Systems. As described in the Hosting Agreement, Hard Hat Hosting reserves the right and has absolute discretion to (a) enforce this Policy and the terms of the Hosting Agreement and (b) remove or disable access, screen or edit any Subscriber Content that violates these provisions or is otherwise objectionable. Without limitation, Hard Hat Hosting also reserves the right to report any activity (including the disclosure of appropriate subscriber information) that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Hard Hat Hosting also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct by providing network and systems information related to allegedly illegal, harmful or objectionable content.
If you want to report any violations of this Policy, please contact firstname.lastname@example.org
Last updated: 08/11/05