Hosting Terms of Service

Neal Murphy · Posted: Sat Mar 08, 2008 8:12 pm

This is the Terms of Service for A Project 4 Freedom Hosting

All Paid Members of A Project 4 Freedom are by law considered Clients.

This will be in accordance with applicable Laws of the United States, it includes all entities involved with A Project 4 Freedom, Murphy Marketing, and / or Partners and Clients of A Project 4 Freedom and Murphy Marketing, Located at 195 Sweden Rd.,Bridgton, Maine, 04009,USA. 207-408-9402

Authorized User Policy

AUP applies to all A Project 4 Freedom Hosting clients.
Policies apply automatically to all A Project 4 Freedom Hosting clients upon subscription to the Services including subscription through a third party or any commercial partner.

Customer agrees to use the Services only for lawful purposes, in compliance with all applicable law.

Specific activities that are prohibited include, but are not limited to:

* Threatening harm to persons or property or otherwise harassing behavior.
* Violating Canadian export control laws for software or technical information.
* Misrepresenting or fraudulently representing products/services
* Transmission, distribution or storage of any material in violation of any applicable law or regulation.
* Transmission, distribution or storage of any material protected by copyright, trademark, trade secret or other intellectual property right without proper authorization, and material that is obscene, defamatory, an invasion of privacy or constitutes an illegal threat, or is otherwise illegal.
* Facilitating, aiding, or encouraging any of the above activities, whether using A Project 4 Freedom Hosting's network or service by itself or via a third party's network or service.
* Interference with a third party's use of A Project 4 Freedom Hosting's network or service, or ability to connect to the Internet or provide services to Internet users.

Email
A Project 4 Freedom Hosting has a STRONG anti-spam policy and applies it. Spammers are NOT welcomed. This includes spamming through open proxy servers or any other kind of unsolicited email advertising. If a customer is found to be in violation of our SPAM policy, A Project 4 Freedom Hosting may, at its sole discretion, restrict, suspend or terminate customer's account. Further, A Project 4 Freedom Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. A Project 4 Freedom Hosting will notify law enforcement officials if the violation is believed to be a criminal offense. The customer acknowledges that he is responsible for any and all SPAM related actions which come from their account.

Sending unsolicited email messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited even if the lists are said to be opt-in. Customer will not use another site's mail server to relay mail without the express permission of the site.

It is strictly forbidden to send out unsolicited email from any other network that advertises, promotes or in any way points to a location inside A Project 4 Freedom Hosting network.

IRC networks
It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the irc server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation will result in immediate account termination.

Free Hosting Websites
It is absolutely forbidden to host any website that offers free web hosting on any A Project 4 Freedom Hosting web server. Account owners found to be in voilation of this rule will be warned and told to take the site down. If the formentioned account offers such services again, his account all accounts under him will be immediately suspended and remain so for the rest of eternity.

The term "free" can and will be used liberally in describing said services. For example, sites selling hosting for $0.01 sites selling hosting for $1.00 a year would fit into the free category. A Project 4 Freedom Hosting reserves the right to make judgements on its sole discretion about which sites are providing "free hosting".

Adult Content
A Project 4 Freedom Strictly forbids Adult Content sites, any sites found to be in violation of this policy will be terminated immediately.

Gambling Sites
We have no gambling site policy at this time as we lack exposure to this. Proceed with caution and expect the worst.

Warez and Warez Linking
Our servers are located in the US. Warez and Warez linking is strictly forbidden in US due to copyright laws.

System and Network Security
Customer is prohibited from utilizing A Project 4 Freedom Hosting services to compromise the security or tamper with system resources or accounts on computers at the Premises or at any third party site.

Hate Material
Use of, hosting, providing services to, or content pertaining to but not limited to the following items: racist, facist, gender hating material and anti civil liberties materials is prohibited on A Project 4 Freedom Hosting servers....You will be warned to take this down. If our warnings are not heeded in a timely fashion you will be suspended.

Specific activities that are prohibited include, but are not limited to:

* Threatening harm to persons or property or otherwise harassing behavior.
* Use or distribution of tools designed for compromising security.
* Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
* Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
* 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.
* Intentionally or negligently transmitting files containing a computer virus or corrupted data.

Resource usage
A Project 4 Freedom Hosting Shared Hosting: On shared hosting accounts, it is strictly forbidden, without prior written authorization, to allow a third party or the user of another web hosting service to use or access your account's resources. Without limitation, this applies to usage of an account to provide public online services like statistics, image hosting or any other service targeted to external web sites. At anytime, all shared hosting accounts must use an acceptable level of resources and stay below 2% of the total system resources.

Violation
A Project 4 Freedom Hosting, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violation of this AUP could also subject Customer to criminal or civil liability. A Project 4 Freedom Hosting may block access at the router level to the Customer's Equipment involved. If A Project 4 Freedom Hosting believes, in its sole discretion, that a violation of this AUP has occurred, such action may also include, but is not limited to, temporary or permanent blocking of access to Customer's Equipment or data, and the suspension or termination of Customer's services under this Agreement. A Project 4 Freedom Hosting may involve and will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers. A Project 4 Freedom Hosting and Murphy Marketing have no obligation to provide warnings under any circumstances and can terminate the account without prior notice if the Customer violates this policy.

Rights reserve
A Project 4 Freedom Hosting reserves the right to modify this AUP at any time without notice. Customer is responsible for all use of the Services by itself, its employees, agents, contractors, invitees and customers, whether such use is with or without the consent of Customer. A Project 4 Freedom and/or Murphy Marketing can require a signed copy of this documents.

_________________
Neal Murphy
A Project 4 Freedom
Achieving Freedom with Community Wisdom

"Successful People do the Things Unsuccessful People Refuse to Do"

neal@hosting4freedom.com

Kevin Cromwell · Founder Joined: 07 Mar 2008 Posts: 28 Location: Canada

Neal Just read the TOS and they sound good however I do have a question about the definition of "free hosting".
Just how tight is this term going to be interpreted because there are many good hosting companies that offer free trial periods or have a free service available as well as paid services.

Is this in there to prevent people from promoting free hosting as it would undermine our"bread and butter"?

If so,I believe that perhaps a little clarifying statement should be included, something like

"It is not permissible to use A Project 4 Freedom's hosting to promote or otherwise make available any service which is run in direct competition with A Project 4 Freedom's hosting services unless such service is providing and representing a fair and equitable competition environment. All such sites are subject to approval of the Administration"

I think in this way that not only could we prevent "free" but also have some control over how much space the competition gets courtesy of A Project 4 freedom.

I also think that this type of restriction should be placed in the forum rules as well so that in the advertising forum we do not end up with sites like freewebs.com

Just a suggestion

_________________
May God bless you always according to His Riches
Kevin G Cromwell - Owner/Administrator
www.surfingcountry.com
Surfing Country supports Aimee's Challenge
www.aimeeschallenge.faithweb.com

Neal Murphy · Posted: Sun Mar 09, 2008 10:38 am

The primary reason for not allowing "Free Hosting" is that free sites are a breeding ground for hackers, most hackers prefer not to create a trail, paid hosting limits them to some degree.
The other reason is the TOS is a mirror from my parent Host. I am liable for everthing thats in it.
Furthermore, I have a responsibility to assure that every website, that is generated from A Project 4 Freedom Hosting and/or Murphy Marketing is in compliance. The TOS will be required to be made available to all customers of any resellers, of Hosting services that originate from A Project 4 Freedom, Murphy Marketing and it's subsidiaries.

This does not really affect how you are able to market the Hosting. Free Trials and Sales, are
in compliance with the TOS,. You just cannot offer "Free Hosting" and allow it to be an ongoing free service. You are allowed to " Bundle" the hosting with other products as we are doing here. The hosting package is included with your paid membership, it's not 'Free". We will market it that way, and we will have to be careful to not mislead potential members. We will create an additional TOS for the membership site, as this TOS refers to Hosting specifically.

As far as your addition statement, your suggestion to adding it to the TOS, would not apply as the reasoning for not allowing "Free Hosting" is not competition related. Thats not to say it is not appropriate for the Forum rules or the TOS for the main site. So we will do that.

The Founders will be a good example, as they will receive a free membership. So how will they cover there hosting, this will be a "Free Trail" of sorts, when we go live and start to accept paid memberships. The Founders will have there hosting in place, anyone that does not join directly as a result of a Founders Affiliate link will be placed into their business, by me. I will spread them out as evenly as possible, to ensure that they are all in compliance with the TOS. The commission for Founders is 75% of the membership fee of Affiliates that join from there link,or placed in there business by me, the remaining 25% well cover their Hosting Package.
_________________
Neal Murphy
A Project 4 Freedom
Achieving Freedom with Community Wisdom

"Successful People do the Things Unsuccessful People Refuse to Do"

neal@hosting4freedom.com

Kevin Cromwell · Founder Joined: 07 Mar 2008 Posts: 28 Location: Canada

Thanks Neal

I appreciate you clearing that up for me.
Makes perfect sense now that you explained it that way.
Don't know why I didn't think of the hacker aspect either but that is why we do things this way Embarassed

_________________
May God bless you always according to His Riches
Kevin G Cromwell - Owner/Administrator
www.surfingcountry.com
Surfing Country supports Aimee's Challenge
www.aimeeschallenge.faithweb.com