Standard Policies  • Service Level Agreement  • Privacy Policy

At Hostahoy we value our Customers and wish to provide them with a positive experience. To offer you the best service possible, all Customers need to follow the same rules and guidelines. These policies are intended to make Hostahoy's Service available to all our Customers as consistently and efficiently as possible.

User-Supplied Content
All services may be used for lawful purposes only. Through Hostahoys Service, you may have access to Chat Areas, Bulletin Boards, Web Pages, eMail, or other Services that enable you to send or post materials ("content") and make that content available to others. You must not submit, publish, or display on the Network any defamatory, inaccurate, abusive, obscene, infringing, or threatening content. In addition, you may not submit, publish, or display any content that violates any US Federal, State, or Local Law. You are solely responsible for the content you make accessible through the Hostahoy Network. You may not use the Service to assist any other person or entity to violate any Federal, State, or Local Laws, Ordinances or Regulations.

Hostahoy is not obligated to monitor the Network to examine available content. You hereby acknowledge that if we are made aware of content that is determined to be, in its sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, Hostahoy has the right, but not the obligation, to edit, remove or deny access to such content. Hostahoy may disclose any content or records concerning Customer's account as required to satisfy any Law, Regulation, Governmental Request or Court Order.

Pornography and sex-related merchandising are prohibited on all Hostahoy Servers. This includes Sites that may infer sexual content, display nudity, or link to adult content elsewhere. This is also true for Sites that promote any illegal activity or content that may be damaging to Hostahoy's Servers or any other Server on the Internet. Links to such materials are also prohibited. In addition, any Site Selling or promoting Bulk eMail Service is not allowed. Below are some examples of non-acceptable content or links:

• Adult Sites - Any erotic or pornographic material, links to adult sites, or advertisements for adult sites.
• Pirated Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost; i.e. ROMs, ROM Emulators and MPEG Layer 3 files (MP3).
• Copyright Violations - Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer.
• Hacking/Phreaking - Includes sites with material, links, or resources for hacking, phreaking, viruses, anarchy, or any type of site that promotes or participates in willful harm to Internet Sites or Providers.

Network Security
Customers may not use the Hostahoy 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. Hostahoy 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..

CGI Scripts
Each Hostahoy Account comes fully equipped with its own pre-configured CGI-Bin. Customers are free to use any CGI-Scripts provided with their account or add any additional ones they require. Any CGI-Scripts deemed to be adversely affecting the Server performance or the Network integrity may be shut down without prior notice. CGI-Script sharing with Domains not hosted by Hostahoy is not allowed.

Chat Rooms
Hostahoy prohibits its Customers from installing outside chat rooms on their Domain, as these tend to be a resource problem. Hostahoy does provide its Customers a choice of Java Chat rooms to choose from for a nominal monthly charge. These chat rooms were designed to meet the growing needs of Customers and function without hindering the performance of the Servers for others.

Server Resources
Any Web Site that uses a high amount of Server resources (such as, but not limited to CPU Time, Memory Usage, and Network Resources) will be given an option of either upgrading their service level or reducing the resource used to an acceptable level.

Background Running Programs
Background Daemons in general are prohibited. Hostahoy will consider requests on a Per Application Basis. If allowed, extra charges will be assessed based on resource requirements for system maintenance.

IRC
Hostahoy prohibits its Customers from operating IRC or IRC Bots on any of the Servers in the Hostahoy Network.

Backups / Restores
As a courtesy, Hostahoy.com provides a backup service on shared hosting accounts. You can request our administrators to run a backup of your site or any files for a one time charge. Although Hostahoy tries to ensure these backups are complete and accurate, we cannot guarantee data integrity. It is possible that a site and/or file may not be able to be restored up without our knowledge. Hostahoy recommends that the customer periodically and frequently backup their site to their local computer. On most accounts there is a backup manager that can assist you in this process. A backup may not be included with a dedicated server type plan. We recommend dedicated server customers purchase a backup option to protect data.

Commercial Advertising/ Mass Mailings/Spam
You must not use the Hostahoy Network, Hostahoy Equipment or any Hostahoy 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 Hostahoy Network, Hostahoy Equipment or any Hostahoy 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, without warning, Hostahoy reserves the right to disable your Domain(s). In addition, Hostahoy may impose a $100 research charge for each reported spam policy violation. Hostahoy solely reserves the right to refuse or cancel service to known spammers. Lastly, Hostahoy reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

Distribution and/or Transmission of Obscene, Indecent Speech or Materials
Violation of Indecency and Obscenity Laws can result in Criminal Penalties.

Intellectual Property Rights
Material accessible to you through Hostahoy's Services may be subject to protection under the United States or other 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 Hostahoy 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 Hostahoy Network. If you use a domain name in connection with the Hostahoy Service or similar service, you must not use that Domain Name in violation of any Trademark, Service Mark, or similar rights of any third party.

Defamation
Defamatory speech distributed over the Internet can result in Civil Liability for the defamer.

Refusal of Service
Hostahoy reserves the right at its sole discretion to refuse or cancel service. Violation of any of Hostahoy Rules and Regulations could result in a Warning, Suspension, or possible Account Termination. Accounts terminated due to policy violations will not be refunded.

Service Cancellation
To authenticate a cancellation request, you must fill out the On-line Cancellation Form. If this is not possible, you may fax the notice to 941-364-9367 or mail the cancellation notice to Windward Web Services, 3800 S. Tamiami Trail, #26A, Sarasota, FL 34239. You must include your Account eMail Address, Account Name, Account Password and the Domain on which you want to cancel the hosting.

We cannot accept cancellation requests over the phone for security reasons.

30 Day Money Back Guarantee
Hostahoy provides a thirty (30) day “no nonsense” money back guarantee for all direct shared hosting accounts. If for any reason, you must request cancellation before your 1st bill date, Hostahoy will refund to you the first month’s service cost, plus applicable set-up fees. Please note that the set-up fees for dedicated servers, private servers, fees for resold domains and shopping cart set-up fees are non-refundable.

Annual Commitment/Prepayment
Hostahoy will waive the set-up fees, if the direct shared hosting account is prepaid for one year. If you should cancel your account before the expiration of the 12-month period, Hostahoy agrees to refund a prorated amount of the prepaid service cost, minus the previously waived applicable set-up and administrative fees, for which you will then be made responsible.

Indemnification
Customer agrees that it will protect, indemnify, save and hold Hostahoy harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's fees assessed against Hostahoy, its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it's customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold Hostahoy harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with Hostahoy's Services; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright violation and any defective products sold to a Customer from Hostahoy's Services.

Disclaimer
Hostahoy will not be responsible for any damages your business may suffer. Hostahoy makes no warranties of any kind, expressed or implied for services we provide. Hostahoy 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 Hostahoy and its employees. Hostahoy reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.

Hostahoy furthermore expects that its Customers or resellers who provide Internet services to others will fully comply with all applicable laws concerning the Privacy of On-line Communications. A Customer's failure to comply with those laws will violate this policy. Finally, Hostahoy wishes to emphasize that in accepting services, Customers indemnify Hostahoy for the violation of any law or Hostahoy policy, that results in loss to Hostahoy or the bringing of any claim against Hostahoy. This means that if Hostahoy is sued because of activities of the Customer that violate any law, or this policy, the Customer will pay any damages awarded against Hostahoy, plus costs and reasonable attorneys' fees.

This agreement is entered into in the State of Florida, County of Sarasota.