Acceptable Use Policy
BY ACCESSING HOSTEZ.IO OR ANY PORTION OF OUR WEBSITE AND SERVICES, YOU AGREE TO THE HOSTEZ.IO ACCEPTABLE USE POLICY
This acceptable use policy agreement by HEZIO Technology Limited CO (hereinafter referred to as 'HEZIO', ‘HostEZ.io’, ‘we’, ‘us’, ‘the company’) is pertains to the the use of our hosting services, commercial transaction portal, and website (hereinafter referred to as ‘Hosting Services’ or ‘Shared Hosting Services’) by you (hereinafter referred to as ‘customer’, ‘user’, ‘your’). Your use of the Hosting Services means that you accept, and agree to abide by, all the policies in this acceptable use policy and another terms terms and conditions applicable by use of the company's resources.
The hosting services comprise the provision of space on our servers and network. The shared Hosting Services allow you pre-provisioned server resources for normal routine usage. These limits are defined at the sole discretion of the company.
Distribution of streaming, video, audio or other files is prohibited.
In your use of the Shared Hosting Services (other than where you are using your own virtual private server), you may not:
- use more than a pre-determined threshold of our platform’s processing capacity
- run stand-alone, unattended server-side processes or any daemons.
- run any type of web spider or indexer; including (but not limited to) run any bit torrent application, tracker, or client.
- participate in any file-sharing/peer-to-peer activities
- run entries or other scheduled tasks other than by configuring them through our control panel
- give away web space under a domain (including Resellers giving away free websites)
- operate a VPN or proxy website or service, as a remote file host for other websites,
- operate self-hosted file sync or similar “cloud storage” based services
- You must not use the Hosting Services as an offsite backup facility.
We reserve the right to delete files or directories without giving notice to you.
You may use the Hosting Services only for lawful purposes. You may not use the Hosting Services:
- in any way that breaches any applicable local, national or international law or regulation
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
- for the purpose of harming or attempting to harm minors in any way
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below)
- to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (also known as SPAM – see below)
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware
These content standards apply to any and all material that you allow to be hosted through the Hosting Services and to any interactive services associated with it. You must comply with the spirit of the following standards. The standards apply to each part of any material as well as to its whole. Material must:
- be accurate (where they state facts)
- be genuinely held (where they state opinions)
- comply with applicable laws including but not limited to local, state, provincial, national law
Material must not:
- contain any material which is defamatory of any person
- contain any material which is obscene, offensive, hateful or inflammatory in accordance with the laws of applicable jurisdictions
- contain any material that is pornographic
- promote violence
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
- infringe any copyright, database right or trade mark of any other person
- be likely to deceive any person
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence
- promote any illegal activity
- be threatening, abuse or invade another’s privacy
- be used to commit fraud or reveal information that may place others in direct danger
- give the impression that they emanate from us, if this is not the case
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse
We take a zero tolerance stance against the sending of unsolicited email, bulk emailing and spam. We may terminate the account of any user who send out spam with or without notice.
- Websites advertised as spam may not be hosted on our servers. This provision includes, but is not limited to, spam sent via fax, phone, postal mail, email, instant messaging or newsgroups. Any user account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
- We reserve the right to require changes or disable as necessary any website, account, database or component that does not comply with our policy.
- We reserve the right to charge the holder of the account used to send any unsolicited email, a clean-up fee or any charges incurred for blacklist removal at our sole discretion.
You agree not to:
- re-sell or offer for the use of third parties any part of our Hosting Services unless a specific reseller product has been purchased
- access without authority, interfere with, damage or disrupt any part of the Hosting Services, any equipment or network used to provide the Hosting Services, any software used in the provision of the Hosting Services, nor any equipment or network or software owned or used by any third party
SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the Hosting Services. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the our terms and conditions of sale upon which you are permitted to use the Hosting Services, and may result in our taking all or any of the following actions:
- immediate, temporary or permanent withdrawal of your right to use the Hosting Services
- immediate, temporary or permanent removal of any material
- issue of a warning to you
- issue of legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach
- further legal action against you
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary
REFUNDS, CANCELLATIONS AND LATE PAYMENTS
Unless otherwise specified in communications by the company, the following shall apply to all transactions including but not limited to our services and any other charges to you by the company.
- Auto-renewal packages charges occur periodically, for example: monthly or yearly. All packages are not refundable. This means that no refunds will be provided.
- Cancellation of auto-renewal may be requested by opening a support ticket from your client portal. The cancellation will take place at the end of the billing period.
Late payment policy: If Customer for any reason fails to pay the Fees to HEZIO by the Due Date of any month during the Term hereof, Customer will be assessed an administrative charge in the amount which is equal to five (5%) of the overdue Fees (“Administrative Charge”); in addition, HEZIO may charge interest on all due but unpaid Fees at the lesser of 1.5% per month or the maximum non-usurious rate under applicable law (“Default Interest”) until paid in full. Customer agrees to and shall pay to HEZIO for all costs of collection of the Fees, Default Interest and Late Charges plus HEZIO’s attorneys’ fees, costs, expenses, and court costs and fees paid or incurred in connection therewith. Customer’s obligation to pay the Fees, Default Interest and Late Charges shall survive the expiration or earlier termination of the Agreement. If Customer requests that HEZIO provide services not specifically set forth herein and HEZIO agrees to provide such services, Customer agrees to pay HEZIO’s standard fee for such service at the time such service is rendered or such charge as the parties may mutually agree upon prior to the delivery of the service and such services shall be included within the definition of “Services”. HEZIO may suspend or otherwise cease performing any or all Services to Customer if payment for any Service is not timely paid in full. The terms of such suspension shall be made solely at the discretion of HEZIO. Time is of the essence with respect to Customer’s performance and the making of payments hereunder. A Reinstatement Fee of up to seventy-five dollars ($75.00) will be assessed for suspended Services and must be collected with the overdue Fees for the account to be reinstated. Fees not disputed within thirty (30) days of due date are conclusively deemed accurate and all Services subject to those undisputed Fees shall be deemed fully accepted and by HEZIO and in full compliance with this Agreement.
RELATIONSHIP OF THE PARTIES
Neither party shall be deemed to be the agent, partner, joint venturer, or employee of the other, and neither shall have any authority to make any agreements or representations on the other’s behalf. Neither party shall have any authority to make any agreements or representations on the other’s behalf without the other’s written consent. Additionally, HEZIO shall not be responsible for any costs and expenses arising from Customer’s performance of its duties and obligations pursuant to this Agreement.
Customer agrees to limit the liability of the company.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE LESSER OF EITHER: SERVICES RENDERED TO CLIENT WITHIN THE PAST MONTH, OR ONE HUNDRED DOLLARS.
Customer agrees that it shall defend, indemnify, save and hold us (or it’s employee’s/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against the company, 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. Customer agrees to defend, indemnify and hold harmless the company against liabilities arising out of; (1) any tort or injury to person or property caused by any products sold or otherwise distributed in connection with us; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement or other breaches of our Acceptable Use Policy or other imposed provisioning.
CHANGES TO OUR ACCEPTABLE USE POLICY AGREEMENT
This Acceptable Use Policy Agreement is effective as of December 1, 2020 and was last revised on April 29, 2023. We may revise this Agreement at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you.
In the event any provision or part of this Agreement is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Agreement, will be inoperative.
CHOICE OF LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, without giving effect to the provisions of conflict of laws thereof. All disputes arising out of or in connection with this Agreement shall be resolved by binding arbitration to be held in the State of Wyoming in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.