Policies / User Agreement
These Policies, Guidelines, and Disclaimer are intended for all domains residing on Huntington Beach Hosting servers, including regular hosting clients, resellers, and their clients. We ask that all clients reselling our hosting services in any way, including those providing non- virtual hosting services, implement these same Policies, Guidelines, and Disclaimers into their own web sites to ensure that the same are understood and met by their clients.
UNACCEPTABLE ACTIVITIES:
SPAM and Unsolicited Commercial Email (UCE):
huntingtonbeachhosting.com takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of huntingtonbeachhosting.com may not use or permit others to use our network to transact in UCE. Customers of huntingtonbeachhosting.com may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Violation of Huntington Beach Hosting SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, huntingtonbeachhosting.com will initiate an immediate investigation (within 48 hours of notification). During the investigation, huntingtonbeachhosting.com may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, huntingtonbeachhosting.com may, at its sole discretion, restrict, suspend or terminate customer's account. Further, huntingtonbeachhosting.com reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. huntingtonbeachhosting.com will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that huntingtonbeachhosting.com personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account. Further if customer fails or deny to pay such charges, he is responsible to pay charges for collection agencies appointed by huntingtonbeachhosting.com to recover such charges.
As our Customers are ultimately responsible for the actions of their clients over the huntingtonbeachhosting.com network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
Bulk Emailing Policy:
huntingtonbeachhosting.com do not allow bulk emailing through its servers. Account / Domain relaying more then 400 emails recipients per day is considered bulk emailing account. If account falls under bulk emailing account category then you must email support at huntingtonbeachhosting.com and ask for permission. Doing bulk emailing without prior permission from huntingtonbeachhosting.com support may result in immediate account suspension without any notice. huntingtonbeachhosting.com host lot of business customers. It has been our experience that bulk emailing do result in server blocking, let it be legit and fully opt-in. The policy also apply to all resellers and accounts hosted under resellers. Our bulk emailing Policy is not applicable for dedicated server customers.
Other activities:
Other activities include spamming (sending unsolicited advertising to those with which the customer has no existing business relationship, posting off-topic advertising in newsgroups); spoofing (using a return email address which is not the valid reply address of the sender or sending an email message which does not contain enough information to enable the recipient to identify the party who is really sending the message; passive spamming (promoting a web site hosted by huntingtonbeachhosting.com by spamming from some other source), trolling (posting controversial messages in newsgroups to generate responses), mailbombing (inundating a user with email without any serious intent to correspond), generating a higher volume of outgoing mail than a normal user (20% or more of available system resources), and subscribing someone else to an electronic mailing list without that person's permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distributed unsolicited email. Any customer repeatedly "mailbombed" or that attracts such behavior will be asked to leave. If you are not sure if your actions will be in violation, please ask first abuse@huntingtonbeachhosting.com
Age:
The client must be 18 years of age to obtain our service.
Abuse of the legal rights of others:
Examples of 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. huntingtonbeachhosting.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, huntingtonbeachhosting.com will not substitute itself for a court of law in deciding tort claims raised by the third party.Abuse of the law:
Huntington Beach Hosting services may be used for lawful purposes only. Illegality includes but is not limited to: drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEG's, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating Indian export restrictions; stalking; or violating other state or federal law such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited. huntingtonbeachhosting.com reserves the right to check system files, email, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary.
Pornography:
Pornography and sex-related merchandising, or links to such material, even if legal, is not an acceptable use of Huntington Beach Hosting servers.
Abuse of Huntington Beach Hosting Server Resources:
Running programs in the background on a Huntington Beach Hosting server without Huntington Beach Hosting prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses of Huntington Beach Hosting servers. Further, any usage of ten percent (10%) or more of our system resources is an undue burden on our system and is unacceptable. If your usage ever exceeds ten percent (10%) of system resources, you will be contacted and asked to eliminate the problem. In addition, any domain that exceeds more then 1 gigabytes of bandwidth traffic then the allotted traffic can be paused without prior notice.
Hacking/Cracking:
huntingtonbeachhosting.com reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution.
OTHER BEHAVIOR:
The following examples of unacceptable behavior are non-exclusive, and are provided for guidance purposes. If you are unsure if your actions will be a violation of our policies please ask abuse@huntingtonbeachhosting.com Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network Attempt to circumvent any user authentication or security of host, network, or account. Accessing data not intended for user. Probing the security of any network. Spawning dozens of processes. Port scans, ping floods, packet spoofing, forging router information, Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land, teardrop. Promulgation of viruses. IRC bots such as eggdrop or BitchX. Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken. The presence of any of these programs, whether or not run, will result in action against the user including suspension or termination.
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. Use of Huntington Beach Hosting 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 huntingtonbeachhosting.com to provide this knowledge or support outside matter specific to Huntington Beach Hosting servers.
BACKUPS:
Full backups are made frequently. No guarantees are made of any kind, either expressed or implies, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content or any important information. If loss of data occurs due to an error of huntingtonbeachhosting.com, huntingtonbeachhosting.com will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, huntingtonbeachhosting.com will attempt to recover the data from the most recent archive for a $20.00 fee.
IP NUMBERS:
huntingtonbeachhosting.com maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
MONEY BACK Policy:
All sales and orders made are final. There will be No Refunds on any payment made to huntingtonbeachhosting.com under any circumstances.
ChargeBacks:
There is $50 chargeback fees charged by huntingtonbeachhosting.com in addition to the actual amount in case of any chargebacks on any payments made to huntingtonbeachhosting.com. Further huntingtonbeachhosting.com reserves rights to handover such cases to collection agencies for recovery of funds. Customer is responsible to pay charges for collection agencies appointed by huntingtonbeachhosting.com to recover payments.
DOMAIN NAME REGISTRATION:
huntingtonbeachhosting.com does not guarantee registration of any domain name ordered. If domain name become unavailable due to delay in payment transaction or any other fault which may include transaction error or any other reasons including any human error at huntingtonbeachhosting.com, huntingtonbeachhosting.com will be bound only to the invoice amount charged for that particular domain name.
huntingtonbeachhosting.com is not registrar for domain names. huntingtonbeachhosting.com register domain name through third parties. If client is registering domain name through huntingtonbeachhosting.com he is bound by all the policies or Agreement of InterNIC and TUCOWS Inc. For more information about InterNIC user agreement / policies you may visit www.nic.org or TUCOWS Inc domain registration agreement page.
In order to change any of your account information for domain registration, you must use your Account Identifier and Password that you selected when you are registering your domain. You agree to safeguard your Account Identifier and Password from any unauthorized use. In no event shall we or our domain registrar be liable for the unauthorized use or misuse of your Account Identifier or Password.
huntingtonbeachhosting.com is not bound in any conflict with any third party, individual, InterNIC or any other legal body related to domain name. Any such conflict which may arise will be handled by the customer who is registering domain name directly with domain registrar used for domain registration.
Jurisdiction:
huntingtonbeachhosting.com is property of Matson Ink, LLC . All legal matters are subject to jurisdiction of California, USA.
LIMITATION OF LIABILITY:
huntingtonbeachhosting.com shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Huntington Beach Hosting servers going off-line or being unavailable for any reason whatsoever. Further, huntingtonbeachhosting.com shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Huntington Beach Hosting servers. All damages shall be limited to the immediate termination of service. huntingtonbeachhosting.com shall be the sole arbiter of what is and is not a violation of these acceptable use policies. huntingtonbeachhosting.com reserves the right to terminate an account at any time and for any reason that causes harm to any huntingtonbeachhosting.com customer's web sites. huntingtonbeachhosting.com reserves the right to delete all content and files upon termination. huntingtonbeachhosting.com reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. huntingtonbeachhosting.com reserves the right to refuse, cancel, or suspend service at our sole discretion.
huntingtonbeachhosting.com reserves the right to change these Policies without prior notice or warning. Non-enforcement of any part of these Policies does not constitute consent.
Violations of these Policies should be referred to
All complaints will be investigated promptly.