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This User Agreement (the "Agreement") governs the terms of use by HCC Hosting ("Provider"). Please read carefully. Client agrees to receive access to HCC Hosting's services according to the following terms and conditions:

This agreement may be terminated by the Client or the Provider at any time without prior notice and without cause. If either party is in default under this agreement (which includes nonpayment), then the nondefaulting party may also choose to immediately terminate the Agreement without prior notice to the other party.

Client is solely responsible for independent backup of data stored on Provider's service. Provider has the right to erase all files upon termination of service.

All services must 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 may not be limited to: any material which violates or infringes upon any copyright, trademark, trade secret, patent statutory, common law or other proprietary rights of others; any material that deemed libelous or slanderous; any material which has, or contains, anything obscene or pornographic; distribution lists to be used via unsolicited electronic mail or any other mass mailings; sites that refer to, contain, support or imply "hacker" or "hacker like activity" in any way.

NOTE: Pornography and sex-related merchandising are prohibited on all servers. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited. This is your first and last warning. If you violate this condition your service will be terminated at once!

For security reasons, we don't allow IRC bots or pretty much anything else to do with IRC to run on our systems. If we get spam complaints against your account, we will first warn you, but if excessive spamming persists we will terminate your account. Even spamming from a system not on hcchosting.us can cause your account to be terminated as we don't like to harbor spammers. Please send your spam complaints to us at contact@hcchosting.com and we will take care of the problem. Please note that due to the large amount of complaints we normally get from just one spam, it is unlikely that you will get a personal reply when you complain about a spammer, however the spammer will be punished. hcchosting.us customers can send copies of known spammers to contact@hcchosting.com and we will consider adding those companies to our filters.

HCC Hosting is not responsible for any damages your business may suffer. HCC Hosting does not make implied or written warranties for any of our services. HCC Hosting denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by HCC Hosting. If we incur legal expenses due to a customer, we reserve the right to recover these expenses from the customer. For example, if you have violated a copyright and we are sued (although we shouldn't be), we will require you to pay our legal fees and any losses we may have.

HCC Hosting wishes to emphasize that in agreeing to the Terms of Service (TOS), customer indemnifies HCC Hosting for any violation of the Terms of Service (TOS) that results in loss to HCC Hosting or the bringing of any claim against HCC Hosting by any third-party. This means that if HCC Hosting is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against HCC Hosting, plus all costs and attorney's fees.

PROVIDERS SERVICES WILL BE PROVIDED ON AN "AS IS AS AVAILABLE" BASIS. PROVIDER SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTING ABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. We reserve the right to refuse or terminate service at any time that we deem necessary without prior notification.

The Internet is a powerful information and entertainment tool, we would expect our customers to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users.
Our acceptable use policy is actively and strictly enforced. Offending content or users are removed from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken.
Common sense is the best guide as to what is considered acceptable use, however the following are unacceptable uses.

Illegality in any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material.

Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software downloads may only be hosted if you are the writer and/or copyright owner of the software, or have the written permission of the writer and/or copyright owner of the software. Freeware and shareware downloads are permitted, provided that the writer/copyright owner permits distributing their work. Audio and video downloads may only be hosted if you are the creator and copyright owner of the work.

The use of our network to send bulk email whether opt-in or otherwise, and the use of bulk email to promote a site on our network is strictly forbidden.

Including but not limited to employing applications which consume excessive CPU time, memory or storage space. Chat/IRC, web proxy and mailing list scripts are not allowed on our network under any circumstances. Streaming media can be a drain on web server resources and as such is not allowed. CGI based message forums which use flat file databases are often found to use excessive system resources, to avoid disappointment please use a PHP/ASP message forum. The use of web cam applications which maintain a constant FTP connection uploading an image at regular intervals is forbidden.
If you are unsure about content you intend to place on our network, please check with us before you do. We reserve the right to determine what constitutes acceptable use.

HCC Hosting is not responsible for notifying the client of excessive usage. By requesting hosting, the client hereby agrees that his/her account may be suspended for such things as exceeding the allotted bandwidth, sub-domains, or disk space allotted on the package selected are the sole responsibility of the client. Tools are provided within the control panel to allow you to keep track of your site resource usage. If the client exceeds these limits, his/her account shall be suspended until the next billing cycle. On behalf of the user, to ensure the highest possible quality service and customer satisfaction, upon exceeding the limits set per the package agreement, users may upgrade their plan to become unsuspended.