Use Policy (AUP) and Terms of Service (TOS)
The company shall be known throughout this document as Harbor
Harbor Host agrees to provide the client web hosting for a monthly/annual
fee. Harbor Host will never require clients to advertise for Harbor
Host on their website in any way shape or form. Clients are allowed
to use the service for business/commercial or personal websites
All services provided by Harbor Host may be used for lawful purposes
only. Transmission, storage, or presentation of any information,
data or material in violation of any United States of America
(or any other country) law is prohibited. This includes, but is
not limited to: copyrighted material, material that is threatening
or obscene, material that is "adult only" content, or
material protected by trade secrets and other statue. The subscriber
agrees to indemnify and hold harmless Harbor Host from any claims
resulting from the use of the service, which damages the subscriber
or any other party.
Pornography and sex-related merchandising are prohibited on any
server. This includes sexual content, or direct 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. Harbor Host will be the sole arbiter as to what
constitutes a violation of this provision.
Examples of non-acceptable content or links:
- Pirated software
- Hacking programs or archives
- Warez Sites
- Spamming Software
We do not allow background-running programs. This includes any
IRC related software such as bouncers and bots. In certain cases
we may allow programs to run continually in the background, these
are considered on a one to one basis and an extra charge will
be incurred based on system resources used and operational maintenance
You are free to use any scripts you wish provided they do not
affect the normal operations of the server and they are not mentioned
specifically below. Scripts that are commonly known for causing
server disruption include large cgi-based message forums, auctions,
and banner exchanges. In the event a script affects normal server
and/or administrative operations, Harbor Host reserves the right
to disable the account pending client cooperation and resolution.
Scripts we do not allow include:
- Chat servers/scripts of any kind are strictly prohibited.
- Formmail is not allowed on our servers.
You can use Formmail scripts but they must be up to date and
not running with the filename "Formmail". Any files
named "Formmail" will be deleted without notice.
Distribution and/or Transmission of Obscene or Indecent Speech
Violation of indecency and obscenity laws can result in criminal
Intellectual Property Rights:
Material accessible to you through Harbor Host's Services may
be subject to protection under United States of America (or any
other country) copyright laws, or laws protecting trademarks,
trade secrets or proprietary information. Except when expressly
permitted by the owner of such rights, you must not use the Harbor
Host Service in a manner that would infringe, violate, dilute
or misappropriate any such rights, with respect to any material,
which you access or receive through the Harbor Host Network. If
you use a domain name in connection with the Harbor Host Service
or similar service, you must not use that domain name in violation
of any trademark, service mark, or similar rights of any third
Customers may not use the Harbor Host Network with an 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 the customer, logging into a server or account
the customer is not expressly authorized to access, password cracking,
probing the security of other networks in search of weakness,
or violation of any other organization's security policy. Customers
may not attempt to interfere or deny service to any user, host,
or network. This includes, but is not limited to, flooding, mail
bombing, or other deliberate attempts to overload or crash a host
or network. Harbor Host 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. Users who violate system or
network security may incur criminal or civil liability.
Defamatory speech distributed over the Internet can result in
civil liability for the defamer.
Refusal of Service:
Harbor Host reserves the right at its sole discretion to refuse
or cancel service. Violation of any of Harbor Host's Rules and
Regulations could result in a warning, suspension, or possible
account termination. Accounts terminated due to policy violations
will not be refunded. Domains terminated due to policy violations
will not be released to the customer.
Spam Or Unsolicited E-Mail:
You must not use the Harbor Host Network, Harbor Host equipment
or any Harbor Host email address in connection with the transmission
of Spam, flames, mail bombs, or substantially similar, unsolicited
email messages. Your domain may not be referenced as originator,
intermediary, or reply-to address in any of the above. This prohibition
extends to the sending of unsolicited mass mailings from another
service that in any way implicates the use of the Harbor Host
Network, Harbor Host equipment or any Harbor Host email address.
A message is considered unsolicited if it is posted in violation
of a newsgroup charter or if it is sent to a recipient who has
not requested or invited the message. For purposes of this provision,
merely making one's email address accessible to the public will
not constitute a request or invitation to receive messages.
If you are found to have spammed, Harbor Host reserves the right
to disable your domain without warning. In addition, Harbor Host
may impose a $100 penalty for each Spam policy violation. Harbor
Host solely reserves the right to refuse or cancel service to
known spammers. Lastly, Harbor Host reserves the right to determine
what violates this policy. As such, any violation may result in
cancellation of services without refund.
Any attempts to undermine, slander, libel, threaten, or cause
harm to a Harbor Host server, customer, employee, or the company
directly is strictly prohibited and is grounds for immediate termination
without refund. In addition, we will pursue all attempts to the
fullest extent of the law.
Customer agrees that it shall defend, indemnify, save and hold
Harbor Host (or it's employee's/owners) harmless from any and
all demands, liabilities, losses, costs and claims, including
reasonable legal fees asserted against Harbor Host, its agents,
its customers, officers and employees, that may arise or result
from any service provided or performed or agreed to be performed
or any product sold by customer, it's agents, employees or assigns.
Customer agrees to defend, indemnify and hold harmless Harbor
Host against liabilities arising out of; (1) any injury to person
or property caused by any products sold or otherwise distributed
in connection with Harbor Host server; (2) any material supplied
by customer infringing or allegedly infringing on the proprietary
rights of a third party and (3) copyright infringement. Customer
agrees to limit the liability of Harbor Host to the amount paid
You may cancel your account at any time before your monthly billing
date, and you will not be billed for the next month.
If you are paying annually for web site hosting services, we
will issue a pro-rata refund for months not used.
All domain registration fees are non-refundable, in whole or
in part, even if your domain name registration is suspended, cancelled
or transferred prior to the end of your then current registration
We do not offer any kind of "money back" guarantee.
Harbor Host will not be responsible for any damages your business
may suffer. Harbor Host makes no warranties of any kind, expressed
or implied for services we provide. Harbor Host disclaims any
warranty or merchantability or fitness for a particular purpose.
This includes loss of data resulting from delays, non-deliveries,
wrong delivery, and any and all service interruptions caused by
Harbor Host and its employees. Harbor Host makes no "uptime"
Harbor Host keeps backups of key server systems only and these
backups are not available for customer use. Harbor Host can accept
no responsibility for any loss of data or consequences arising
from this. Harbor Host always advises clients to back up their
site data regularly for their own protection.
Harbor Host furthermore expects that its customers who provide
hosting services (resellers) to others will ensure its customers
fully comply with all applicable laws concerning the privacy of
online communications and any other policy of Harbor Host. A customer's
failure to comply with those laws will violate this policy.
If a customer provides hosting services (resellers) to others
and decides to cancel their reseller hosting account with Harbor
Host then Harbor Host will not be responsible for maintaining
hosting for the resellers customers.
Finally, Harbor Host wishes to emphasize that in accepting services,
customers indemnify Harbor Host for the violation of any law or
Harbor Host policy, that results in loss to Harbor Host or the
bringing of any claim against Harbor Host. This means that if
Harbor Host is sued because of activities of the customer that
violate any law, or this policy, the customer will pay any damages
awarded against Harbor Host, plus costs and reasonable legal fees.
Failure to comply with any of our terms & conditions will
result in grounds for immediate account deactivation.
Harbor Host reserves the right to change, edit, or update the
policies contained in this document at any time for any reason