Terms of Service/ Acceptable Use Policy

Hurtdidit reserves the right to change this Policy any time, so please, check this page at least once a month or when in doubt. Hurtdidit strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other Hurtdidit customers, and us against such harm.

Payment Policies, Fees, Refunds and Terms of Agreement:

Full payment is required before any hosting service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. Prepayment is due each anniversary (annually) following the date the account was established. Billing will continue until you cancel your account. You may cancel at anytime. As a policy, we do not offer credits or refunds for hosting time already expended or remaining in the term of the contract (if you cancel any time after the initial 30 days, you will not be reimbursed for the rest of your contract).

If cancellation is done by Hurtdidit due to a violation of these Terms of Service/Acceptable Use Policy, there will be no refund. Hurtdidit will only allow for a discount if cancellation is not the fault of the client, as determined by Hurtdidit. All monetary transactions are in $US dollars. Additional features can be added at any time. Monthly feature prices are not prorated. Hurtdidit reserves the right to change prices at any time.

Account Cancellation:

You may cancel at anytime. Phone requests will not constitute acceptance of any cancellation. To cancel your account, please contact Hurtdidit Client Support at www.hurtdidit.com/contact_us/. Notification of cancellation must be received at least five business days prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the client's responsibility to secure email confirmation from Hurtdidit that their account has been cancelled. If the client has not yet received email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced.

If the client has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve client of any outstanding financial obligations.

Indemnification Policy:

You agree to use all Hurtdidit services and facilities at your own risk. Hurtdidit specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Hurtdidit be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. The client agrees that it shall defend, indemnify, save and hold Hurtdidit harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Hurtdidit, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. The client agrees to defend, indemnify and hold harmless Hurtdidit against liabilities arising out of:

(1) any injury to person or property caused by any products sold or otherwise distributed in connection with Hurtdidit's servers;

(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;

(3) copyright infringement and

(4) any defective products sold to customer from Hurtdidit's servers.

Hurtdidit shall be the sole judge of what violates this Policy.

SPAM Policy:

Hurtdidit is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the Hurtdidit network, by customers or any other users of the Hurtdidit network (including customers' customers); AND/OR over ANY network-- if the message sent advertises or mentions a site hosted on the Hurtdidit server.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of usenet groups, posting obscene or threatening messages while using or referring to a Hurtdidit email address or web site URL is prohibited. The use of Hurtdidit servers as a mail drop for responses to activities described above is also prohibited. Accounts canceled due to spam will be billed a "clean up" fee of $500.

If you have any complaints or comments regarding Spam on our network, please direct them to us at www.hurtdidit.com/contact_us/.

Content Policy:

All services provided by Hurtdidit may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Hurtdidit from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and sex-related merchandising is prohibited on all Hurtdidit servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Hurtdidit will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Hurtdidit servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

Pirated software
Hacker programs or archives
Warez sites
Eggdrops
MP3s of copyright music

Hurtdidit does not host sites of its competitors or web pages promoting sites of its competitors.

Any illegal activity, including adult content, links to adult content web sites, spamming or hacking will result in your site being shut down and all your files deleted without warning.

Hurtdidit will be the sole arbiter as to what constitutes a violation of this provision.

Email Policy:

Hurtdidit may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. We consider mass email any email message sent to more than 25 email addresses or more than 10 news groups.

CGI & PHP Scripts Policy:

Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation or service to other Hurtdidit customers. You will be notified in 24 hours about an offending cgi script.

- Sorry, we cannot provide free support for third-party scripts. Please consult the programmer where you purchased/downloaded the script from.

Chat Policy:

Hurtdidit allows only those chat rooms that do not run on our servers. You are free to link to chat rooms that are not hosted on our servers, provided the subject matter in those chat rooms does not violate any other provisions of this Policy.

Subhosting Policy:

Subhosting (hosting more than one web site with a single Hurtdidit user account) is generally not allowed on Hurtdidit servers. It is subject to Hurtdidit approval on a case-by-case basis. We do, however, allow sub-domain accounts.

Traffic Policy:

Hurtdidit allows for very generous traffic quotas (please see your plan description for specific details). Hurtdidit customers are discouraged from storing any files that cause excessive traffic on Hurtdidit servers. Please contact Hurtdidit Client Support team for more information. Most sites do not fall into this category and never reach our traffic limits.

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also, we reserve the right to terminate service to any customer for any reason not prohibited by law.

Any deliberate attempt to cause damage to Hurtdidit or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.

We will not host web sites which contain adult material.

All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $5.00 for every 500 MB of traffic exceeded. You will be charged for transfer that you use beyond our generous data transfer limits without prior notification. You can monitor your transfer at anytime in your Control Panel.

Backups:

Full backups are made weekly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, 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 any information.

If loss of data occurs due to an error of Hurtdidit, we will attempt to recover the data at 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, Hurtdidit will attempt to recover the data from the most recent archive for a $50.00 fee.

If you are planning on making frequent updates to your website, and/or desire quality off-site backups, please contact us for information on our Backup Management Plans.

- No pornographic or adult oriented materials or links to such material.
- No pirated software or links to such material.
- No hackers programs, archives or links to such material.
- No warez sites or links to such material.
- No content that may be considered prejudicial or abrasive to an individual's Race, Creed or Color.
- No business of any illegal nature may be transacted on our servers.
- We do not allow customers to install their own chat rooms.
- We do not allow IRC or IRC bots to be operated on the servers.
- We do not allow MP3 files on our servers.
- We do not allow spamming or unsolicited email to be sent from our servers or to be sent referring to any domain name or email address maintained on our servers.
- We do not allow email lists or bulk email software to be sold on our servers.
- Any background-running programs must first be approved by our staff and may incur additional charges depending on the amount of system resources it uses. (If 25% of the CPU is used).
- Any attempts to undermine or cause harm to our network or a client of ours is strictly prohibited.
- Sorry, we cannot provide free support for third-party scripts. Please consult the programmer where you purchased/downloaded the script from.

If any terms or conditions are failed to be followed it will result in grounds for account deactivation. We reserve the right to remove any account with 10 days prior notice. In extreme cases we will deactivate an account without prior notice (only in very rare and extreme cases). We will be the sole arbiter as to what constitutes a violation of any of the above policies and conditions. By purchasing one of our service plans you are agreeing to all of the above terms and conditions and agree to indemnify and hold us harmless from any claim or claims resulting from the use of our service.

Change of Conditions:

Hurtdidit retains the right to alter and amend these terms and conditions as required and without notification in the interest of our subscribers. All changes to this page will be applicable to previous versions. Where information regarding the terms and conditions of Hurtdidit's services become relevant this page will hold precedence over any other version, either printed, electronic or verbal. In the event of a conflict this page will considered valid above others.

This document was last modified on October 3, 2004 and supercedes all previous versions.