• Acceptable Use Policy
• Terms of Service
• Privacy Policy
• Billing Policy
• Digital Millenium Copyright Act
• Uniform Domain Name Dispute Resolution Policy (ICANN)
• Pharmacy and Prescription Drug Sale Website Policy

Acceptable Use Policy

If you violate our AUP, and we suspend or terminate the Service, you will not receive a refund of any fees paid to us. Your failure to abide by any of the items set out in this AUP is grounds for suspension or termination of the Service. Any termination or suspension may be undertaken with, or without, notice to you. You agree to hold us harmless from any claims that a suspension or termination of products for this reason has damaged you.

1. Customer's Responsibilities

   1. Customer is solely responsible for the quality, performance and all other aspects of the Customer Content and the goods or services provided through the Customer Web site.
   2. HOSTLANTIC does not intend to systematically monitor the content that is submitted, stored, distributed or disseminated by you via the Services (the "Your Content"). Your Content includes content of your end users and/or users of your website. Accordingly, you are responsible for your end users' content and all activities on your website. HOSTLANTIC, in its sole and exclusive discretion, may immediately take corrective action, including, but not limited to, removal of all or a portion of Your Content and suspension and/or termination of your Services, in the event of notice of any possible violation of the TOS by you or your end users. You agree that HOSTLANTIC will have no liability to you or any of your end users due to any corrective action that HOSTLANTIC may take and that you will not be entitled to a refund of any fees paid in advance prior to the corrective action.
   3. Customer warrants that Your Content does not violate or infringe any copyright, trademark, patent or intellectual or other proprietary property right of any third party or contain any obscene or libelous material or otherwise violate any law or regulation.
   4. Customer will cooperate fully with HOSTLANTIC in connection with HOSTLANTIC 's performance of the Services. Customer must provide any equipment or software that may be necessary for Customer to use the Services. Delays in Customer's performance of its obligations under this Agreement will extend the time for HOSTLANTIC 's performance of its obligations that depend on Customer's performance on a day for day basis. Customer will notify HOSTLANTIC of any change in Customer's mailing address, telephone, e-mail or other contact information.
   5. Customer assumes full responsibility for providing end users with any required disclosure or explanation of the various features of the Customer Web site and any goods or services described therein, as well as any rules, terms or conditions of use.
   6. Because the Services permit Customer to electronically transmit or upload content directly to the Customer Web site, Customer shall be fully responsible for uploading all content to the Customer Web site and supplementing, modifying and updating the Customer Web site, including all back-ups. Customer is also responsible for ensuring that the Customer Content and all aspects of the Customer Web site are compatible with the hardware and software used by HOSTLANTIC to provide the Services, as the same may be changed by HOSTLANTIC from time to time.
   7. Specifications for the hardware and software used by HOSTLANTIC to provide the Services will be available on HOSTLANTIC's Web site. Customer shall periodically access HOSTLANTIC's Web site to determine if HOSTLANTIC has made any changes thereto. HOSTLANTIC shall not be responsible for any damages to the Customer Content, the Customer Web site or other damages or any malfunctions or service interruptions caused by any failure of the Customer Content or any aspect of the Customer Web site to be compatible with the hardware and software used by HOSTLANTIC to provide the Services.
   8. Customer is solely responsible for making back-up copies of the Customer Web site and Customer Content.
   9. Customer expressly (1) grants to HOSTLANTIC a license to cache the entirety of Your Content and your web site, including content supplied by third parties, hosted by HOSTLANTIC under this Agreement, and (2) agrees that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
   10. If HOSTLANTIC assigns to you an Internet Protocol address for your use, you may use that Internet Protocol address only as expressly permitted by HOSTLANTIC in connection with your use of the Services during the term of this Agreement. HOSTLANTIC will maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to you by HOSTLANTIC. HOSTLANTIC reserves the right, in its sole and exclusive discretion, to change or remove any and all such Internet Protocol numbers and addresses.
   11. Customer agrees that you will not use excessive amounts of CPU processing on any of HOSTLANTIC 's servers. HOSTLANTIC, in its sole and exclusive discretion, may immediately take corrective action, including, but not limited to, assessment of additional fees and suspension and/or termination of Services, in the event you violate this policy. You agree that HOSTLANTIC will have no liability to you or any of your end users due to any corrective action that HOSTLANTIC may take and that you will not be entitled to a refund of any fees paid in advance prior to the corrective action.
   12. Customer agrees that you will not use bandwidth and disk usage amounts that exceed the limits applicable to your Services as published on the HOSTLANTIC website for the particular brand of Services you ordered ("Agreed Usage"). HOSTLANTIC will monitor your bandwidth and disk usage. HOSTLANTIC, in its sole and exclusive discretion, may immediately take corrective action, including, but not limited to, assessment of additional fees and suspension and/or termination of Services, in the event you exceed the Agreed Usage. You agree that HOSTLANTIC will have no liability to you or any of your end users due to any corrective action that HOSTLANTIC may take and that you will not be entitled to a refund of any fees paid in advance prior to the corrective action.



2. Prohibited Uses

   Customers and Users may not:
   1. Utilize the Services to send unsolicited bulk and/or commercial messages over the Internet (known as "spam" or "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward HOSTLANTIC, but also because it can overload HOSTLANTIC 's network and disrupt service to its Customers subscribers. Maintaining an open SMTP relay is prohibited) Any direct action, configuration, or setting that causes excessive outbound email traffic is subject to review and possible action. When a complaint is received, HOSTLANTIC has the absolute and sole discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list, or whether the outbound email traffic generated from an account is suitable for a shared hosting environment.
   2. Utilize the Services in connection with any illegal activity. Without limiting the general application of this rule, Customers and Users may not:
      1. Utilize the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;
      2. Utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;
      3. Utilize the Services to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law;
      4. Utilize the Services to export encryption software to points outside the United States in violation of applicable export control laws;
      5. Utilize the Services to Forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message; or
      6. Utilize the Services in any manner that violates applicable law.
   3. Utilize the Services in connection with any tortuous or actionable activity. Without limiting the general application of this rule, Customers and Users may not:
      1. Utilize the Services to publish or disseminate information that (A) constitutes slander, libel or defamation, (B) publicizes the personal information or likeness of a person without that person's consent or (C) otherwise violates the privacy rights of any person. Utilize the Services to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law.
   4. Utilize the Services in connection with any other disruptive or abusive activity. Without limiting the general application of this rule, Customers and Users may not:
      1. Utilize the Services to cause denial of service attacks against HOSTLANTIC or other network hosts or Internet users or to otherwise degrade or impair the operation of HOSTLANTIC 's servers and facilities or the servers and facilities of other network hosts or Internet users; or Post messages or software programs that consume excessive CPU time, or storage space, or network bandwidth; or
      2. Utilize the Services to offer mail services, mail forwarding capabilities, POP accounts or auto responders other than for the User's own account; or
      3. Utilize the Services to resell access to CGI scripts installed on HOSTLANTIC 's servers; or
   5. Utilize the Services to subvert, or assist others in subverting, the security or integrity of any HOSTLANTIC systems, facilities or equipment; or
   6. Utilize the Services to gain unauthorized access to the computer networks of HOSTLANTIC or any other person; or
   7. Utilize the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code; or
   8. Utilize the Services to (A) forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity (including "spoofing") to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous re-mailers or Internet nicknames); or
   9. Utilize the Services to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services; or
   10. Utilize the Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator); or
   11. Utilize the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or Spam; or
   12. Utilize the Services to solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or Spam; or
   13. Utilize the Services in any manner that might subject HOSTLANTIC to unfavorable regulatory action, subject HOSTLANTIC to any liability for any reason, or adversely affect HOSTLANTIC 's public image, reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by HOSTLANTIC in its sole discretion; or
   14. While on a shared hosting platform, utilize, operate, enable, execute, compile, upload or publicly store source code, executable code, programs, or software packages designed to perform tasks not directly associated with website/email hosting, including, without limitation, (A) directly opening any listening port, (B) starting any 'daemon' process, (C) performing local/remote security scans, (D) simulating local shell/OS access by means of a tunneled/encapsulated connection to a remote host, (E) circumventing firewall restrictions, (F) connecting to any IRC/Peer to Peer file sharing server/network, (G) providing 'tracker' services to 'BitTorrent' clients and/or (H) exploiting web browser vulnerabilities, as determined by HOSTLANTIC in its sole discretion; or Attempt to attack, disrupt, or abuse the support- and contact-related mechanisms of HOSTLANTIC, including, but not limited to, telephone lines, email addresses, fax lines, bulletin boards or contact/signup forms; or
   15. utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons;



3. UNSOLICITED COMMERCIAL EMAIL/UNSOLICITED BULK EMAIL (UCE/UBE)

   Unsolicited commercial email (UCE) is defined by HOSTLANTIC as any electronic communication (e-mail, ICQ, IRC, Instant Messenger, etc…) sent for purposes of distributing commercial information of any kind, soliciting the purchase or sale of products or services or soliciting any transfer of funds to a recipient who has not agreed to receive such communication.

   Unsolicited bulk e-mail (UBE) is defined by HOSTLANTIC as any electronic communication (e-mail, ICQ, IRC, Instant Messenger, etc…) to multiple recipients who have not agreed to receive such communication.

   Use of the HOSTLANTIC network, servers or services to transmit any unsolicited commercial or unsolicited bulk-e-mail is expressly prohibited, as is hosting web sites or services on a server which are advertised in any UCE/UBE. HOSTLANTIC also prohibits the sending of any fraudulent, malicious, harassing, false or misleading electronic communications, including, without limitation, chain letters, pyramid schemes, or e-mails with forged headers. Posting off-topic advertisements to Usenet discussion groups, ICQ, Instant Messenger, etc., is also expressly prohibited. Additionally, HOSTLANTIC customers are expressly prohibited from sending any UCE/UBE from our network or any email from another network that in any way references a document, image, or Web site that resides on any HOSTLANTIC Servers or anywhere on the HOSTLANTIC network. Violations of this type may result in the termination of the offending HOSTLANTIC account. Our customers are ultimately responsible for any violations of the TOS by their clients, and any violation of the TOS by a client of a HOSTLANTIC customer shall be deemed a violation of the TOS by such HOSTLANTIC customer.

   Customers whose actions directly or indirectly result in HOSTLANTIC IP space being listed in any of the various abuse databases may be subject to having the offending domain(s), server(s), or user(s) immediately removed from our network. In addition, if HOSTLANTIC in its sole discretion determines that a customer is in violation of our TOS, HOSTLANTIC may, at its sole discretion, restrict, suspend or terminate a customer's account. HOSTLANTIC will, in most cases, attempt to contact a customer prior to suspension or termination of a server(s), but can not guarantee prior notification. Any server suspended or terminated for AUP violations will be reconnected only after the customer agrees to cease all activities that violate the HOSTLANTIC TOS and pays all applicable reconnect fees and related charges. Any server suspended a second time for TOS violations WILL be immediately and permanently removed from our network.

   Customers that HOSTLANTIC determines in its sole discretion to be in violation of the HOSTLANTIC TOS may be subject to additional fees or fines including, without limitation, any applicable reconnect fees. Violation of HOSTLANTIC's UCE/UBE policy may be reported by submitting a ticket to Hostlantic.




4. Adult Content

   Adult content, pornography and sex-related merchandising are prohibited within the Hostlantic Network. This includes sites that may infer sexual content or link to adult content elsewhere.

   Because the Internet is a global communication tool, it is difficult to dictate what is considered "adult content." It is not our function to discriminate against those who choose to utilize adult content or adult related material. However, Hostlantic has chosen to enforce its “no adult sites/products” policy.

   What is Adult Content?

   1. Sexually explicit pictures, writing, or other material/products whose primary purpose is to cause sexual arousal.
   2. Sexually explicit pictures, writing or any material/products that involves children (anyone under the age of 18) is strictly prohibited.
   3. Photos, videos or animated depiction showing nudity in women or men for non-scientific or non-artistic purposes.
   4. Any site whose revenue is gained all or in part from its adult content or products.
   5. Revenue-generating hyperlinks to sites that violate any part of descriptions 1-4.

   Hostlantic reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related".




5. Child Pornography

   Our policy on child pornography is zero tolerance. Hostlantic will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the Hostlantic network, and will be liable for illegal material posted by their clients.

   According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.

   Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT




6. Violations

   1. Disclaimer. HOSTLANTIC expressly disclaims any obligation to monitor its Customers and other Users with respect to violations of this TOS. HOSTLANTIC has no liability or responsibility for the actions of any of its Customers or other Users or any content any User may post on any Web site.
   2. Reporting Violations. HOSTLANTIC encourages Users to report violations of this policy by submitting a ticket, including in any such report the name of the offending domain (for example, xyz.com) and the type of abuse (for example, Spam, illegal acts, harassment, etc.) in the "subject" field of the e-mail.
   3. Remedies. If HOSTLANTIC learns of a violation of this TOS, HOSTLANTIC will respond to the applicable Customer and may, in HOSTLANTIC 's sole discretion, take any of the following actions, in accordance with the severity and duration of the violation:
      1. Warning the Customer; and/or Suspending the offending Customer from the Services; and/or
      2. Terminating the offending Customer from the Services; and/or Imposing fees or charges on the offending Customer account in accordance with the applicable service contract; and/or
      3. Removing the offending content; and/or Taking other action in accordance with this TOS, the applicable service contract or applicable law.

Best Coldfusion Hosting Provider
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100MostDynamic.com selected Hostlantic as one of the premier Coldfusion web hosting companies based on factors such as reliability, support, cost, scalability and innovative products and services. We are honored to receive this distinction.

Testimonial
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I have been very pleased with Hostlantic. From the start, I switched flawlessly with no downtime from another hosting company and to add features was a breeze. Your 24/7 tech support is literally 24/7 as I do most of my personal web work in the middle of the night.

Mark Swanzey
New York, New York
United States of America