Destxhost Terms of Service
Although we backup data on a regular basis we cannot be held liable for the loss of your data, please be sure to backup your web site.
We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Destxhost may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your Destxhost account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understand of Destxhost's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Destxhost's AUP:
We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.
You may not use your dedicated rack or virtual site to publish material, which we determine at our sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.
If an account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behaviour and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
VIOLATIONS OF THE ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
Illegal use: services may not be used for illegal purposes, or in support of illegal activities. We reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
Harm to minors: Use of our service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
Threats: Use of the our service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
Harassment: Use of our service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
Fraudulent activity: Use of our service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM): Use of the our service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited.
Violations of this type will result in the immediate termination of the offending account.
E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending account.
E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Network is in violation of this AUP.
Usenet SPAMing: Destxhost has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted. Unauthorized access: Use of our service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of our or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending accounts are subject to immediate termination.
Copyright or trademark infringement: Use of the our service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
Collection of personal data: Use of our service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
Network disruptions and unfriendly activity: Use of the service for any activity which affects the ability of other people or systems to use or service or the Internet.
This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. The Network will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offence will result in the immediate termination of the offending account.
Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Destxhost services could result in suspension service.
Third Party Accountability: Destxhost subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.
Violation Of Destxhost Virtual Accounts: It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
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.
Unlimited bandwidth Accounts: Unlimited Accounts are indeed unlimited. These accounts are not to be used to host a collection of MP3's, Warez, Backup Your Home Computer. The accounts may also not be used as a download distribution point for your bundled software. It is to be used for standard web practices and only standard web practices. If you have a questionable concern open a ticket with the helpdesk. If you know your site is going to use an un-normal usage, and sign up knowing this, we will require you to get a dedicated server. If you have any questions in regards to this contact our helpdesk. Un-Normal usage is anything that a shared server would not be able to provide. Again, contact us for approval if you feel you will fall into this clause.
Streaming Video and Audio: Streaming Video and Audio is not permitted on our servers. You must zip the content to prevent this if you wish to have it hosted.
Egg Drop - Egg Drop Scripts are Not allowed, These are grounds for immediate account deletion without a refund.
Legal - If it is not legal in the United States of America and United Kingdom, It is not permitted to reside on our server. If found sites will be suspended.
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
Your password provides access to your account. It is your responsibility to keep your password secure.
Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
SSH access is not permitted for any reason. Users who attempt to connect via SSH are subject to having their accounts either suspended or terminated.
You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host. You agree to pay for our hosting service in U.S. dollars unless otherwise stated and agreed to prior to your making a purchase.
Users who violate systems or network security may incur criminal or civil liability. Destxhost will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Our accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account. You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of our resources. We reserves the right to terminate or limit such activities.
Cancelling your account
If you decide to cancel your account at any time that is fine, although I wish you would contact me and let me know what the problem was so we could work something out. But, if you still wish to leave Destxhost cancelling your form of payment is your responsibility. If you have an automatic payment setup and Destxhost receives payment we will continue to provide hosting for you, we will not refund any “accidental payments” as we are providing a service when you pay for it and there is no way to prove when you cancelled your account if you paid us. So please just don’t pay us if you cancel your account, I know this sound very simple but this problem has occurred in the past.
REVISIONS TO THIS ACCEPTABLE USE POLICY
We reserve the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner, any changes will be posted at http://www.destxhost.com/tos.html first,please check these before you buy.. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).