Last updated May 5th 2020
This acceptable use policy sets out the terms between you and us under which you may access our website hostbend.com (our site). This acceptable use policy applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use https://hostbend.com/legal/tos/.
hostbend.com is a site operated by HostBend LLC (“We”). We are registered in The Commonwealth of Virginia and have our registered office at 1835 Greenbrier Rd. Haysi, VA 24256, United States.
Zero Tolerance Towards Abuse
Customers are responsible for all scripts, data and other objects on their accounts. Abusive scripts are scripts which interfere with our systems and/or the accounts of other customers, cause harm to any other computer system or user, or engage in any type of fraudulent activity. Any account found to be the source of abusive scripts will be immediately suspended and investigated, and subject to action as detailed under Illegal Content below. We will always notify customers and, where necessary, fully co-operate with the authorities.
You must not use the service for the transmission of illegal material. You agree to refrain from sending or receiving any materials which may be deemed to be offensive, abusive, indecent, defamatory, obscene, menacing or otherwise as prohibited by current and future statutes in force. You agree to refrain from sending or receiving any material which may be in breach of copyright (including Intellectual Property Rights), confidence, privacy or other rights. If you are in any doubt as to the legality of what you are doing or propose to do, you should take independent legal advice.
- All content uploaded to your hosting service, including dedicated and VPS servers must conform to all applicable local, national and international law and regulation. It is the user’s sole responsibility to ensure this. Storage, distribution of or transmission of illegal materials may lead to an investigation and possible prosecution by the relevant authorities.
- You may only use a service for its intended purpose. Failing to do so will result in immediate termination, without reimbursement.
- You must not gain or attempt to gain unauthorized access to any computer systems for any purpose. Such action may lead to criminal prosecution under the Computer Misuse Act.
- You must not send data to the internet using forged addresses or data which is deliberately designed to adversely affect remote machines (including but not limited to denial of service (DDoS), worms and viruses, trojans and ping storms).
- You must ensure that local PCs and network connected servers are not configured to allow open relay and must not participate in the sending of unsolicited bulk email (commonly referred to as ‘spam’,’UBE’,’UCE’ ).
- You are prohibited from running ‘port scanning’ or other software intended to probe, scan, test the vulnerability of or access remote systems or networks except in circumstances where the remote user has given express permission for this to be done. We may ask for evidence of such permission.
- You must take all reasonable steps to ensure that your password and login credentials remain confidential.
- Open proxy servers are not permitted under any circumstances and will result in immediate termination of service.
- Sites must not contain ‘hateful’ material or content which seeks to incite hate.
- Sites must not contain images, videos, depictions or descriptions of pornography which is unlawful in the US or international territory, or which is deemed to be distasteful at our sole discretion.
- Sites must not contain ‘warez’, copyrighted music/videos or links to such content. It is the sole responsibility of the user to ensure that they have the rights to distribute any content displayed on their website.
- Sites must conform to all applicable local, national and international copyright law and regulation.
- We undertake to take action required under the provisions of the United States Law and will fully cooperate with the appropriate authorities.
The following activities are prohibited on HostBend LLC’s servers:
- Engaging in any activity that, in HostBend LLC’s sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, HostBend LLC’s business, operations, reputation, goodwill, Customers and/or Customer relations, or the ability of HostBend LLC’s Customers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, the failure of Customer to cooperate with HostBend LLC in correcting or preventing violations of these Terms by, or that result from the activity of, a subscriber, patron, customer, invitee, visitor, or guest of the Customer constitutes a violation of these Terms by the Customer.
- No Customer may utilize the Services to engage in the illegal distribution of prescription medications, including, but not limited to, promotion, marketing, or sale of prescription medications without a valid prescription.
- No Customer may utilize the Services to provide, sell or offer to sell the following: controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others’ intellectual property or information; information used to illegally harm any people or animals; or escort services.
- Profanity or profane subject matter in the site content and in the domain name are prohibited.
- Customers may not post or disclose any personal or private information about or images of children or any third party without the consent of said party (or a parent’s consent in the case of a minor).
- Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.
- Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.
- “Hacking” and related activities are prohibited. “Hacking” includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
- HostBend LLC does not allow the use of anonymous proxy scripts on its servers. They can be very abusive to the server resources, affecting all users on that server.
- The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. HostBend LLC is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.
- The use of the Services to engage in any activity that is determined by HostBend LLC, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available Ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, failure to comply with applicable online privacy laws or any executive orders, as well as any rules, regulations or orders issued by the Office of Foreign Asset Controls (“OFAC”). HostBend LLC will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
- Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.
- Our services should not be resold on third-party auction sites or online marketplaces without any value being added. Clients wishing to directly resell our services must adopt the ‘Value-Added Reseller’ model. This means our service must not be directly resold without adding additional features or services.
HostBend LLC OFFERS ITS SERVICES TO HOST WEB SITES, NOT TO STORE DATA. USING AN ACCOUNT AS AN ONLINE STORAGE SPACE FOR ARCHIVING ELECTRONIC FILES IS PROHIBITED AND WILL RESULT IN TERMINATION OF HOSTING SERVICES WITHOUT PRIOR NOTICE.
Some hosting plans operate an ‘unlimited’ transfer policy. This means that we do not actively limit your account on bandwidth. These plans are are not intended to be used as unlimited reseller plans.
However, this is subject to fair use and any customer using an amount of monthly bandwidth which we deem, at our sole discretion, to be excessive in comparison to the average usage by other customers on our platform may, at our sole discretion, be advised to upgrade to a bespoke solution and billed accordingly. Refusal to co-operate with our requests will result in account suspension and/or termination as we must ultimately ensure platform stability and service delivery at all times.
We reserve the right to withdraw support and suspend or terminate the service where hosting accounts are:
- excessively used to effectively resell our hosting services to multiple customers.
Acceptable Email Usage
We have a zero-tolerance policy against spam and the sending of bulk, unsolicited e-mail is prohibited at all times. Customers who abuse the email service will be notified that their behavior is unacceptable and may have their accounts suspended, terminated or blocked at our sole discretion.
- You agree not to send emails that might cause annoyance, inconvenience or anxiety to a recipient.
- You agree not to send any emails likely to cause distress or any material which is offensive, indecent, obscene, menacing or in any way unlawful.
- You must not use our mail services or network to send mailing lists, bulk email, newsletters or use e-mail sending systems. We have automated mechanisms in place to monitor such activities. Failure to comply may result in the automatic suspension of an email account or hosting account, automatic deletion of outgoing emails and the automatic imposition of outgoing email rate limiting. Such restrictions may be lifted at our sole discretion upon the client submitting a support ticket.
- You must not use our mail services or network to send email to any user who does not wish to receive it.
- You must not use our mail services or network to send unsolicited email, in bulk (commonly known as ‘spam’) or individually.
- You must not use our mail services or network with intent to deprive others of service (‘mail bomb’).
- You must not use false mail headers or alter the headers of mail messages in such a way as to conceal the identity of the sender.
- You must not use any email address that you are not authorized to use.
- You must ensure that any email servers connected to our network and operated by you are not configured to allow ‘open relay’.
- You must take full responsibility for your own email reputation; HostBend LLC cannot guarantee a positive reputation.
Failure to comply with any of the above rules, or fair use in general, may result in the suspension and/or termination of your hosting account. The customer also agrees to pay any additional charges incurred by HostBend LLC as a direct or indirect result of the customer’s inappropriate email usage, plus a $75USD administration fee.
Web usage includes the use of web space provided with client accounts, web hosting on our servers and the use of web services and space on customer colocated servers. We cannot and do not proactively monitor content on any web space maintained by customers (whether customer space, web hosted or colocated services) and cannot and do not guarantee that such sites are free of illegal content or other materials that may be considered unacceptable.
- You undertake sole responsibility for the content of web pages owned and/or operated by you – whether, on client pages, web-hosted space or colocated servers – within our domain or other domains hosted within our network.
- You undertake the sole responsibility to ensure that all materials on any website owned or operated by you contains material that you have created or have permission to use.
- You undertake sole responsibility for any dispute involving Copyright or Intellectual Property Rights associated with your site or service.
- You must not use your website or web service to promote or distribute any material or content that is illegal (under any current or future legislation). You should be aware that the internet is a global communications network and what may be legal in the US may be illegal elsewhere and leave you liable to prosecution in another country.
- Legal adult content as defined by US law is allowed on our hosting products. If the Customer wishes to host adult content on our network, a Dedicated IP Address is required. These can be rented for $5USD per month.
- You may not use our shared services for scam websites, hosting content that could be deemed illegal, politically controversial or unethical, file download or any other use that could use excessive disk space or impact the performance of other service users.
- If any client chooses to utilize our service for any of the aforementioned uses or any other use that we deem to be abusive, unethical, or illegal, we reserve the right to terminate the service with immediate effect, without notification or reimbursement.
We may undertake an investigation of content services if potential abuse is brought to our attention and we reserve the right to remove any web page on our servers at any time and for any reason. Any accounts found to be abusive, contain illegal content or otherwise break our terms of service will be liable for immediate termination with no refund.
Failure to comply with any of the above rules, or fair use in general, may result in the suspension and/or termination of your hosting account. The customer also agrees to pay any additional charges incurred by HostBend LLC as a direct or indirect result of the customer’s inappropriate web usage, plus a $75USD administration fee.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site or services. When a breach of this policy has occurred, we may take such action as we deem appropriate.
- Immediate, temporary or permanent withdrawal of your right to use our site and services.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site and services.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.