Acceptable Use Policy
General
Use of any HGNX, LLC (HGNX) services and/or products for illegal activities of any
kind, including unauthorized use (or attempted unauthorized use) of HGNX's machines
or other machines on the Internet, forging header information or user identification
information, and software piracy, is prohibited.
E-mail
Sending harassing, mass, or unsolicited e-mail is prohibited. Forging header information
in e-mail is prohibited. Use of programs such as mflash or storage of such programs
on HGNX's servers is prohibited.
HGNX takes a zero tolerance stance on unsolicited e-mail (spam). Spam is prohibited
and we enforce this strictly. If spam is sent utilizing (including simply passing
through) any HGNX service, the sender will be charged $1.00 for each attempted recipient.
We will also charge the sender for clean-up costs and any damage caused by the spam.
Configure your E-mail client to check your HGNX hosted E-mail less than once every
5 minutes. Once (or less than) every 10 minutes is preferred. Checking your mail
more than once every 5 minutes is considered abusive, and you may be denied service,
for some period of time, until we contact you to ensure your email client has been
reconfigured.
No bulk mailings may be performed using HGNX's outbound email servers -- this includes
legitimate mailing lists, as well as legitimate one time mailings. Failure to comply
will result in your inability to send email.
If you have been given permission to use HGNX's outbound email servers as a smart
host, you may not allow anyone or anything to use your server as a SMTP Proxy/Smart/Relay
Host.
Using any E-Mail address hosted on HGNX's shared E-Mail servers as a testing target
by robot(s) and/or other automated tools is strictly prohibited.
Any mailing list(s) that you may use to advertise (or otherwise include) any domain
being hosted on HGNX shared servers or HGNX IP addresses must conform to very specific
guidelines. These minimum guidelines are:
* Confirmed opt-in subscription
1. all subscribers must request to be added to your list
2. each subscriber must be sent an informative confirmation e-mail
3. the subscriber must reply to the confirmation email
4. once you receive the confirmation, you may add the user to the specific list
* Web or E-Mail based user friendly un-subscription system
* Each email sent to any subscriber must clearly define the un-subscription instructions.
* Each email sent to any subscriber must clearly define the recipient's email address
in the body.
* Honoring of all removal requests
* Bounce messages must be analyzed and subscriber(s) found within must be removed
from the list.
World Wide Web and FTP Space
Use of web pages or FTP Space for advertising purposes or taking credit card orders
requires a HGNX Business Account. Reselling web space is prohibited, unless written
authorization has been given by HGNX. Pages containing illegal pornography (such
as child or bestiality) may not be stored on HGNX's servers. Any other adult-oriented
material must have warning suitable to minors prior to displaying any nudity. Use
of text or images created by others without their permission is copyright infringement
and is prohibited.
Creating or storing programs that allow an anonymous user to send email to arbitrary
E-mail address(es) is strictly prohibited. Programs such as "FormMail" must be specifically
crafted to only allow a small, static set of recipient E-mail addresses. These programs
will constantly be reviewed by HGNX staff, and if a security flaw is found, the
program will be immediately disabled, and you will be contacted. HGNX highly recommends
contacting our staff to ensure your programs' security before putting it into production.
Please be aware that updating to your shared site more than once every 2 minutes
with an automated utility (such as a web-cam) is strictly prohibited unless you
have been given written permission by HGNX. Failure to comply may result in your
loss in ability to update your website, for some period of time, until HGNX is able
to contact you and resolve your issue.
The HGNX User Agreement
HGNX agrees to provide and User agrees to receive access to the HGNX service according
to the following terms and conditions:
* All provisions of HGNX's Service Agreement ("Agreement") apply to the User's Principal
Account and Associate Accounts billed to the Principal Account.
* The benefits or rights conferred by this agreement are nontransferable. Use of
HGNX accounts is expressly limited to the individual or business whose name appears
on the account and dependents of the account holder living at the same address.
* User agrees to use the service in manner consistent with any and all applicable
laws. In the event that this account is not used in accordance with all Applicable
Laws including, but not limited to Local, State or Federal Laws, HGNX reserves the
right to cooperate with all or any law enforcement agencies.
* User agrees to follow the Acceptable Use Policy of any network user connects to,
including HGNX's system. HGNX's Acceptable Use Policy may be found above.
* Use of HGNX for advertising or promotion of a commercial product or service without
a HGNX business account is prohibited. Reselling of web space on HGNX servers is
prohibited without proper written approval.
* User is responsible for all use of User's account(s) and confidentially of password(s).
HGNX will suspend access or change access to User's account(s) immediately upon
notification by User that his her password has been lost, stolen or otherwise compromised.
HGNX is not liable for any usage and or charges prior to HGNX making the necessary
account alteration.
* User agrees to pay HGNX all charges relating to the use of User's account(s) according
to rates and prices stated on said sales order at the time of commencement.
* User is responsible for charges at the time the service is used and HGNX may apply
the amount due to User's credit card at any time.
* HGNX reserves the right to change prices on 30 days notice published online.
* HGNX reserves the right to suspend access to service for User's account(s) upon
an indication of credit problems including delinquent payments or rejection of any
credit card charges.
* The HGNX service is provided on an "as is, as available" basis. No warranties,
Expressed or implied, including, but not limited to, those of merchantability or
fitness for a particular purpose, are made with respect to HGNX or any information
or software therein. This in no way includes any reimbursement for losses of income
due to disruption of service by HGNX or its providers.
* Neither HGNX nor its Information Providers are responsible for any damages arising
from User's use of HGNX or by User's inability to use HGNX service.
* HGNX reserves to right to change without notice the HGNX service, including, but
not limited to, access procedures, hours of operation, menu structures, commands,
documentation, vendors and services offered.
* HGNX is not responsible for User's files residing on HGNX servers. User is responsible
for independent backup of his/her data.
* HGNX reserves the right to delete User's files after one or both parties terminates
agreement.
* HGNX reserves the right in its sole discretion to delete any information entered
into HGNX systems by User. HGNX and its authorized representatives shall have the
right, but shall not be obligated, to edit publicly viewable information.
* User hereby agrees that any material submitted for publication on HGNX systems
through user's account(s) does not violate or infringe any copyright, trademark,
patent, statutory, common law or proprietary rights of others, or contain anything
obscene or libelous. Software intended to facilitate any such violations or infringements
may not be stored on HGNX systems.
* HGNX, at its sole business judgment, may terminate this membership Agreement immediately
or suspend User's access to the service upon any breach of this membership Agreement
by User, including, but not limited to, refusal or failure to pay for services provided
or by sole judgment of HGNX that User may be performing activities harmful to HGNX
or its Users, employees, vendors, business relationships or any other users of the
Internet.
"Netiquette"
The following violations of "netiquette" are grounds for immediate suspension of
service pending investigation by HGNX and will result in termination of the account(s)
the investigation determines to have originated or transmitted these types of traffic.
* Sending unsolicited email which provoke complaints from any or all the recipients.
* Sending solicited mass emails which provoke complaints from any or all the recipients.
* Engaging in either (a) or (b) from a provider other than HGNX and using an account
on HGNX as a mail drop for responses.
* Engaging in either (a) or (b) from a provider other than HGNX and using a foreign
account as a mail drop for responses.
* Continued harassment of other individuals on the Internet after being asked to
stop by those individuals and by HGNX.
* Impersonating another user or otherwise falsifying one's user name in email,
* Usenet postings, on IRC, or with any other Internet service. (This does not preclude
the use of nicknames in IRC or the use of anonymous remailer services.)
* Users whose accounts are terminated for any of the above infractions are also
responsible for the cost of labor to cleanup and respond to complaints incurred
by HGNX.
* This document and the rights and duties of the parties shall be governed by and
interpreted according to the laws of the Commonwealth of Pennsylvania.
* HGNX may modify these terms and conditions upon notice published online via HGNX.
User's use of HGNX services after such notice shall constitute User's acceptance
of the modifications to this Agreement.
* Non-enforcement of any section of this Agreement does not constitute consent and
HGNX reserves the right to enforce this Agreement at its sole discretion.
* If any one or more paragraphs in this Agreement is found to be unenforceable or
invalid, User's and HGNX's agreement on all other paragraphs shall remain valid.
* Monthly Dues must be paid on a timely basis to maintain User's membership privileges.
Monthly dues charges will continue regardless of your use unless and until you notify
us in writing that you wish to cancel your membership, which you may do at any time,
unless bound by a specific term or agreement. Payments more than 15 days late may
be assessed a 5% late payment charge.
* When paying by check, User expressly authorizes HGNX to debit User's checking
account for the amount of a check returned unpaid by User's bank, plus up to a $55
returned check fee.
* The User is in default of this Contract if: 1. Any User covered by this contract
fails to obey any present or future HGNX rule or regulation; or 2. We do not receive
a monthly payment on or before its due date; or 3. Any material statement by the
User in this contract is false.
* Failure to use this account(s) does not relieve the User of payment obligations,
except as specifically provided in this contract.
* In the event the User defaults on this contract, HGNX may suspend or revoke the
User's membership privileges and the User may have to reapply for membership at
the price HGNX is charging to new members. The User agrees to pay HGNX's reasonable
attorney's fees and court costs, where permitted, in collecting the amount remaining
in the User's contract as stated in the sales order.
* Communication systems are subject to degradation of service from phenomena such
as so-called "Line-Noise" interference and other causes beyond the reasonable control
of HGNX.
* HGNX may assign this order, its rights here under and its ownership of said service
and commitment at anytime without notice.
* In addition to any price specified herein, User shall pay the gross amount of
any present or future sales, use, excise, value added or other similar taxes applicable
to the price, sales or delivery of any products or services furnished here under
or to their use by customer.
* HGNX reserves the right to terminate or change priority of any process started
by said user.
* HGNX reserves the right to collect damages (software, hardware & man hours)
if any harm is done to HGNX which requires repair or reconfiguration of any kind.
* HGNX may offer a trial period during which the User may cancel membership without
incurring any costs. It is the responsibility of the User to contact HGNX to cancel
during the trial period and receive verification that cancellation has occurred.
HGNX may offer trial periods at a discounted rate at the end of which the account
will automatically convert to the then applicable monthly rate unless explicitly
canceled by the user prior to the end of the trial period. Failure to use the account(s)
does not constitute cancellation.
* HGNX may offer credits to users who refer additional users who sign up for and
keep HGNX accounts through at least three billing cycles, provided that the new
users signing up mention at the time of signup the login name or accounting ID number
of the user who referred them.
Other Important Information
HGNX is not responsible for any damage incurred by the account holder.
No service is guaranteed. There are many factors which can affect hosting performance,
such as Network congestion, non-company routers, natural disasters, or other "Acts
of God". The account holder agrees to indemnify HGNX of any debt or liability resulted
from a lack of service.
If your account is cancelled due to abuse, no refund will be issued. You may be
warned once or notified, at the sole discretion of our administrators.
No refund will be issued on cancellations requested by the account holder or HGNX,
unless this request is received within twenty-four (24) hours of original activation.
This agreement is subject to change by HGNX at any time. Changes are effective without
notice upon each Subscriber.
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