Acceptable Use Policy

HostDime Global Corp. (hereafter referred to as "HostDime," "we," "us" or "our") is dedicated to providing its customers (hereafter referred to as Customer, you, or your) with an all-round top quality service, while at the same time satisfying our legal and ethical responsibilities. To this end, we have set out below our Acceptable Use Policy ("AUP"). Our AUP is incorporated into our Terms of Service ("TOS") and any other contracts we have with you by this reference. Terms not defined in this AUP have the meaning given to them in the TOS.

We reserve the right to make changes to this AUP at any time. We will provide you with notice of these changes by sending a notice to the email registered on file and/or posting a notice in your CORE Client Area. If you do not agree to the AUP as revised, you may terminate the affected Services without penalty by providing written notice of your desire to terminate within thirty (30) days following our notification to you of the changes to the AUP as described in the TOS. If you have not provided written notice of your desire to terminate the Services, you will be deemed to have accepted the revised AUP. The most recent version of the AUP can be found on our website at: https://www.hostdime.com/support/legal/acceptable-use-policy.

Failure to abide by the terms of this AUP shall be grounds for remedial action by us, including, without limitation, immediate account suspension or termination, in some cases without notice, and forfeiture of all fees paid. Please note that the evolving nature of the Internet prevents us from including in this AUP all possible unacceptable uses of the Services. We reserve the right to determine, in our sole discretion, what other activities are unacceptable.

It is your responsibility to ensure that your End Users comply with the terms of this AUP. Your failure to do so constitutes a violation of this AUP and you may be held liable for the violations of this AUP by your End Users.

To report suspected abuses or any violations of these policies, please contact our abuse department at Abuse Report Form | HostDime .

The AUP contains three sections:

1. Provisions for All Customers
2. Additional Provisions for Shared Hosting Customers Only
3. Additional Provisions for Dedicated and VPS Customers Only
4. Domain Names

A. Provisions for All Customers

1. Prohibited Uses

HostDime servers may be used for lawful purposes only. Transmission, storage, presentation, or distribution of any information, data, or material in violation of any applicable law, rule, or regulation or this AUP (including the Content Standards listed below) is prohibited. The below list is intended as a guide for you and your End Users, and does not represent all possible prohibited uses of the Services. Examples of violations of this AUP include using the Services:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
• Except as permitted as described in the “Unsolicited Commerce Email & Material – SPAM” section below, to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To operate or otherwise host any online pharmacies or similar operations.
• To engage in, or to enable others to engage in, gambling or other similar activities such as HYIP (High Yield Investment Programs), Ponzi schemes, and pyramid schemes.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.

Additionally, you agree not to:

• Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.
• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
• Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent, including, without limitation, for the purposes of training artificial intelligence or large language models.
• Use any device, software, or routine that interferes with the proper working of the Services.
• Introduce, create, or send any viruses, Trojan horses, worms, logic bombs, floor or mail bombs, or other material that is malicious or technologically harmful or engage in any denial of service attacks using the Services.
• Forge, misrepresent, omit, or delete message headers, return mailing information, or Internet Protocol (IP) addresses to conceal or misidentify the origins of any message sent through or using the Services.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services, including by hacking and/or subverting, or assisting others to hack or subvert, the security or integrity of the Services or HostDime’s systems.
• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Services.
• Operate or otherwise run background Daemons such as, but not limited to, IRC bots, eggdrop, BitchX, XiRCON, and any other program that interferes with normal server operation.
• Operate or otherwise run on our network or in connection with our Services any IRC server, IRC bots, or IRC shells

Content Standards

All information, data, or material transmitted, stored, presented, or distributed in connection with the Services must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this AUP and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, solicit, or assist any unlawful act, regardless of if the unlawful act is performed.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
• Involve any activities that might subject HostDime to unfavorable regulatory action, any liability for any reason, or adversely affect HostDime’s public

2. Unsolicited Commerce Email & Material - SPAM

The only email marketing activities allowed under this AUP are those compliant with the CAN-SPAM Act. We strongly encourage you to familiarize yourself with this act before engaging in any email marketing activities using our services. Please note that activities permitted under the CAN-SPAM Act can still be violations of this AUP for other reasons, and may result in immediate suspension or termination of your account, without notice, as determined by us in our sole discretion.

Spam is strictly prohibited under this AUP. Violations of our spam policy shall result in a minimum $250 fine and possible termination and/or suspension of your account or Services. We reserve the right to determine, in our sole discretion, what constitutes a violation of this spam policy, but include the following as a guide: unsolicited or unauthorized advertising and promotional materials such as "junk mail," "instant messaging," "chain letters," or "pyramid schemes." An electronic message is "spam" IF: (1) the recipient's personal identity and context are irrelevant because the message is equally applicable to many other potential recipients; AND (2) the recipient has not verifiably granted deliberate, explicit, and still-revocable permission for it to be sent; AND (3) the transmission and reception of the message appears to the recipient to give a disproportionate benefit to the sender.

The sending of Unsolicited Bulk Email (UBE) from another service provider advertising a web site, email address or utilizing any resource hosted on HostDime's servers, is also prohibited. All bulk e-mail must be solicited, meaning that the sender has an existing and provable relationship with the e-mail recipient and the recipient has not requested not to receive future mailings from the sender. Documentation of the relationship between the sender and the recipient must be made available to HostDime upon request. HostDime accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.

Running Unconfirmed Mailing Lists

Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by HostDime customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to or from any HostDime-hosted domain, or referencing any HostDime account, is prohibited.

Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is also prohibited.

3. Security

This AUP also prohibits any actions that compromise our system and/or network security, the security of our customers, and that of the Internet generally. We reserve the right to immediately suspend or terminate your account, without notice, as a result of such actions by you or your End Users. You may also be exposed to criminal and civil liability based on your actions. Examples of such actions include, but are not limited to, unauthorized access, use, probe, or scan of a system security or authentication measure, 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.

You are aware that the Internet can be an insecure environment, and are responsible for ensuring the security of your data, passwords, username and confidential information. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this AUP.

4. Violation of Rights

HostDime is registered with the United States Copyright Office pursuant to the Digital Millennium Copyright Act ("DCMA"). For more information about how HostDime addresses copyright infringement claims in connection with the Services, please see our Copyright Infringement (DMCA) Policy.

You shall not, and your End Users shall not, use our services to violate the intellectual property rights of others, including, but not limited to, copyright, trademark, trade secret and patent rights. You shall not, and your End Users shall not, use our services to violate the recognized rights of others, including, but not limited to, acts that defame, harass, abuse or threaten others. Users found to repeatedly violate the rights of others may have their accounts immediately suspended or terminated in HostDime’s reasonable discretion.

5. Child Pornography, Child Erotica and Bestiality

Use of the Services to disseminate or display images classified under U.S. law as child pornography, child erotica and/or bestiality is strictly prohibited. We will immediately terminate the accounts of any customers and/or End Users who are using the Services in this manner, and report them as required by law, without prior notice. Further information about child pornography may be found at https://www.ncmec.org

6. U.S. Export Laws

Use of the Services by you and/or your End Users is governed by, and must be in compliance with, U.S. export control laws. These laws apply regardless of whether you and/or your End User actually reside in the United States. You may not use our services in violation of these laws, or to conduct business with third parties from sanctioned countries. More information about U.S. export laws may be found at: https://www.trade.gov/us-export-controls

The Services may not be used in any country prohibited or subject to applicable sanctions by the U.S. Office of Foreign Assets Control (OFAC), available at: https://ofac.treasury.gov/sanctions-programs-and-country-information

7. IP Addresses

We own the IP numbers and addresses that may be assigned to you pursuant to your use of the Services. These addresses may not be assigned or transferred, and are recycled upon termination of the Services. We reserve the right to change these numbers at any time for any reason in our sole discretion. We are required to comply with ARIN policies and procedures regarding IP addresses. You may not terminate your Services should a change in ARIN policy affect your use of the Services.

8. Customer’s Responsibilities

You are responsible for both making all arrangements necessary for you to have access to the Services, except to the extent that such access must be provided or enabled by HostDime, and ensuring that all persons who access the Services through your internet connection are aware of this AUP and comply with it. To access the Services or some of the resources the Services offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including, but not limited to, through the use of the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You are responsible for ensuring that materials disseminated or posted using our Services comply with this AUP and relevant laws, including materials that have been posted by third parties. We do not review, edit, censor, or take responsibility for any information customers or End Users may create. Therefore, we cannot accept any responsibility from customers, users of our services through third parties, or third parties, that results from inaccurate, unsuitable, offensive, or illegal content or transactions.

Use of our Services 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 of the services. Customer agrees that he or she has the knowledge and skills necessary to properly use the Services. It is not our responsibility to provide such knowledge or skills beyond our commitment to support your use of our servers as set forth in the TOS.

9. Actions Upon AUP Violations

Your violation of any of the terms of this AUP may result in immediate suspension or termination of your account, without notice. We are the sole arbiter of what constitutes a violation of this AUP.

Upon learning of an alleged violation, we will initiate a reasonable investigation. During this time, it may be necessary to restrict your access to the Service to prevent further potentially unauthorized activity. If such violation could constitute a criminal offense as determined by us in our reasonable discretion, we may notify the appropriate law enforcement authorities.

We have the right to:

• Remove any materials disseminated or posted using our Services in our sole discretion.

• Take any action with respect to any materials disseminated or posted using our Services that we deem necessary or appropriate in our sole discretion, including if we believe such materials violate this AUP, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for HostDime.

• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

• Take legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

• Terminate or suspend you access to all or part of the Services for any violation of this AUP.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS HOSTDIME AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Under no circumstances will we issue credits for suspension of your Service because of an AUP violation. You agree to defend, indemnify, and hold HostDime harmless from any claims that a suspension or termination of Services for this reason has damaged an End User.

However, we cannot and do not undertake to review material before it is posted on the Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

10. Other Abuse

The use, and misuse, of our services changes over time. If we determine that your use of our services negatively impacts our ability to provide services to other customers, may subject us to liability, extends beyond the product's normal intent of use, indicates your unfamiliarity with use of the services, or if you abuse our support staff, we may terminate your account.

B. Additional Provisions for Shared Hosting Customers Only

The provisions of this section also apply to all customers with shared hosting accounts:
You agree to restrict your use of the shared hosting services to the direct serving of web content over the HTTP protocol. Misuses include, but are not limited to, scientific/grid/distributed computing, data warehouse/backup storage, and bandwidth sinks. We shall determine, in our sole discretion, what constitutes a misuse of the shared hosting services. If you are unsure of an application’s fitness for the shared hosting services, you should consult with us before using the Services in that manner.

Any customer who uses an unacceptably high level of server resources, including, but not limited to, CPU time, memory usage, and network resources, must either: (1) pay extra for a dedicated server or semi-dedicated server, depending on the resources needed; or, (2) reduce their use to an acceptable level. Our Resource Abuse Policy sets out these standards. We shall be the sole arbiter of what is considered a high vs. acceptable server usage level. For more information, please see our Resource Abuse Policy, available at: https://www.hostdime.com/support/legal/resource-abuse-policy

Shared hosting accounts cannot be transferred or used by anyone other than a customer. You may not sell, lease or assign the connection or parts of the connection to any party other than those named in our records. Allowing ftp access and hosting websites of End Users is not a violation of this AUP.

Shared web hosting accounts may not be used for distributing software or multimedia products. If you wish to distribute software and/or multimedia files, please contact core.desk@hostdime.com for permission.

Our web hosting accounts shall not be used to distribute and store an unusual amount of multimedia files. Multimedia files are defined as any graphics, audio, and video files. An unusual amount refers to any web site with disk space usage for storing multimedia files exceeding 70% of its total usage, either in terms of total size or number of files. For more information, please see our Bandwidth Usage Policy, available at: https://www.hostdime.com/support/legal/bandwidth-usage-policy

We do not allow chat rooms on our shared hosting environments. We also do not allow proxy servers or scripts, torrent trackers, or torrent clients to be run from our shared/reseller hosting servers, and will not register or install any third-party DLLs/EXEs or software on our shared/reseller hosting servers. If we determine that you are operating any prohibited activity on the Services, we may immediately suspend or terminate your account.

C. Additional Provisions for Dedicated and VPS Customers Only

The provisions of this section also apply to all customers with Dedicated and VPS accounts:

You are solely responsible for any breaches of security affecting the servers under your control. If your server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such an event, you shall be responsible for the cost to rectify any damage done to your server and any other requirement affected by the security breach.

You may not engage in activities designed to monitor Internet traffic other than your own. This means, that you may not monitor our Internet traffic, nor the Internet traffic of any other entity. If we determine that you are engaging in activities designed to monitor Internet traffic other than your own, we may immediately suspend or terminate your account.

D. Domain Names

We will take necessary steps to register domain names on your behalf when requested. However, you are responsible for renewing your domain names. We do not take responsibility for failing to renew domain names. If your domain name was registered by us, you must check and take appropriate actions to renew your domain when it is about to expire. We do not handle renewals unless you send, within seven (7) days prior to its expiration, a ticket to our helpdesk