Agile Hosting Acceptable Use Policies

Agile Hosting/Agile Web Media Terms and Conditions

Background
Our Terms and Conditions ("T&Cs") have been written in order to protect our clients and ourselves to ensure we can deliver stable, reliable and high quality products and network. Following our policies will assist us in keeping our servers and network free of abuse, which will ensure quality performance for everyone. The Terms & Conditions are not exhaustive and Agile Hosting reserves the right to modify them at any time, effective upon either the posting of the modified T&Cs to www.agilehosting.com or notification of the modified T&Cs.

On This Page

Agile Hosting Service Agreement
Terms of Service

Definitions
Payment Policies and Fees
Late Fees
Refunds
Return Item Fees
Taxes
Reinstatement / non-payment fees

Acceptable Use Policy

Shared Web Hosting Server Email Policy:
SPAM / UCE (Unsolicited Commercial E-mail)
"One Strike, You're Out" Spam Termination Policy
Content
Child Pornography on the Internet
CGI Scripts Policy
Resource Abuse: Shared Web Hosting Servers
Traffic Policy
Disk Space
Backups
Customer Security Responsibility
System and Network Security
Internet Etiquette

Copyright Infringement Policy

Reporting Alleged Copyright Infringement

Privacy Policy

What Personal Information does Agile Hosting collect?
Data Security
How is customer information used?
Will Agile Hosting ever send me direct mailings?
How do I protect my Personal Information in public forums?
What about privacy on sites that Agile Hosting links to?

Resellers Policy

Agile Hosting Service Agreement

This Web Hosting Agreement (this "Agreement") sets forth the terms and conditions of your use of Agile Hosting ("Agile Hosting") for web hosting services. You ("Customer" and/or "Reseller") certify that you are at least 18 years of age. To become a Agile Hosting account holder, you must read and agree to be bound by all terms and conditions of this Agreement, the terms and fee schedules on the Online Order forms and any policies that may be published by Agile Hosting, including, but not limited to, Terms of Service, Acceptable Use Policy, Copyright Infringement Policy, Privacy Policy, and Reseller Policy.

By clicking on the "Place Order" button and/or using the services, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Agile Hosting site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "Agile Hosting Site" refers to the Site located at the URL http://agilehosting.com, or any other successor Sites owned or maintained by Agile Hosting.

This Agreement defines the terms and conditions of Agile Hosting's services as offered by Agile Hosting and used by you, including the provision of web hosting services on Agile Hosting's servers and connectivity to the Internet (the "Services"). Agile Hosting will provide the Services in exchange for payment of fees and full compliance with the terms and conditions of this Agreement.

Agile Hosting reserves the right to monitor its systems electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its account holders or for any other reason it in good faith deems necessary. Agile Hosting will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of. It is not Agile Hosting's intention that its Services or facilities be used in contravention of the Communications Decency Act of 1996 (the "CDA") or any other applicable law.

You agree to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the "DMCA") and acknowledge that Agile Hosting is a "service provider" under the DMCA and is therefore immune from liability under the DMCA, including 17 U.S.C. § 512. Consistent with the DMCA, Agile Hosting will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, Agile Hosting has a policy of terminating account holders who are copyright infringers. For more information, please visit the Copyright Infringement section of this Agreement.

The content of web sites located on Agile Hosting's servers and/or the links to other web sites are not screened, approved, reviewed or endorsed by Agile Hosting. Agile Hosting is acting solely as an Internet web-hosting service provider. The text and other material on such web sites are the opinion of the specific author and are not Agile Hosting's statements of advice, opinion or information.

The validity, terms, performance and enforcement of this Agreement shall be governed and construed by its provisions and in accordance with the laws of the State of Wisconsin (without regard to conflicts of laws principles).

By submitting the order, Customer hereby agrees to be bound by the service term and billing period selected on the online order form or via applicable promotional codes. This Agreement begins on the date you register for the Services and shall continue in effect for each billing period unless otherwise specified by separate agreement. Termination must be in accordance with the provisions of this Agreement.

Definitions:

• term = minimum term commitment, e.g. monthly, annually, etc.
• billing period = length of time you paid for your subscription, e.g. one month, three month, six month, one year, two years.
• cycle date = cycle date being the day of the month you sign up.
• current cycle = between last cycle date and the next cycle date.

Payment Policies and Fees

Full payment is required before any hosting service is rendered, which includes renewals. Over usage fees are calculated and invoiced at the beginning of each cycle for the previous cycles usage.

All invoices are due upon receipt. Any invoices not paid within 7 days of the invoice date will result in the customer's website being suspended (shared hosting) or dedicated servers unplugged (dedicated clients).

If paying by credit card, your card will automatically be charged for renewing your subscriptions each billing period. If you do not want your card automatically charged each term, you can change the settings in the Online Billing Center by clicking on the "My Account" Tab.

All payment-due notices will be sent by electronic mail. Prepayment is due each billing period (one month, three month, six month, one year, two years) following the date the account was established. (Billing period for your subscription can be changed within your control panel Dashboard). Billing will continue until you cancel your hosting account.

The Customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Agile Hosting of cancellation. All monetary transactions are in $US dollars. Agile Hosting reserves the right to change prices at any time. For international customers, if you are sending a check/money order the amount must be drawn in US dollars and any transaction fees applied by the bank(s) will be passed on to the customer.

Late Fees

If your account has an overdue balance 8 days after the due date, our automated billing system will suspend your service until you pay the overdue balance. Access to your account in our Online Billing Center will continue to be available for you to make payments until your account is closed. Please note that it is your responsibility to keep your account current. You can check your account through your control panel dashboard by clicking on the Account/Billing tab.

If your account has an overdue balance 20 days after the due date, the account will be assessed a late fee of one and one-half percent (1 1/2%) per month or the highest rate allowed by applicable law, whichever is lower, with a minimum of a $5.00 fee.

Refunds

Direct Shared Web hosting accounts with Agile Hosting feature a 30-day money back guarantee. If you choose to cancel your account within the first 30 days and notify us by submitting a ticket through our Online Support Desk, we will refund your subscription fees, exclusive of any set up fee, domain name registration fees, and/or over usage fees. Accounts closed after 30 days do not qualify for refund of any pre-paid fees. Agile Hosting will only allow for the refund if cancellation is not the fault of the client, as determined by Agile Hosting. Accounts closed for violating Agile Hosting policies do not qualify for a refund.

Due to the considerable hardware investment cost, Dedicated Server subscriptions and setup fees are non-refundable and do not qualify for the 30 day money back guarantee.

Domain registration fees are non refundable.

The 30 day money back guarantee does not apply to resold accounts by resellers, or any fees associated with these accounts.

Please allow up to 7 business days for refunds of credit card payments and at least 4-6 weeks for refunds of check or money order payments.

Return Item Fees

Accounts with returned checks and/or e-checks will be assessed a $25.00 returned item fee. New payment must be made by credit card immediately or account will be in delinquent status.

Credit Card charge backs by the customer will be assessed a $50.00 returned item fee.

Taxes:

Customer will be responsible for payment in full of any taxes and similar fees imposed on the transaction and/or the delivery of Services. Agile Hosting shall have the right at any time, to invoice customer any new or increased taxes, fees, assessments, or other charges imposed or required by any governmental agency. Customer will indemnify and hold harmless Agile Hosting from any and all taxes associated with or arising from Customer's use of the Services. These include any penalties and interest as well as any costs associated with the collection or withholding thereof.

Reinstatement, and Non-payment Fees

Agile Hosting will retain Client's data files for (10) days after suspending services for non-payment. Customer shall be able to reinstate use of the Services within (10) days upon approval and full payment of balances due. A re-instatement fee of $25.00 will apply to Shared and VPS hosting, and the customer's website(s) will be activated within 24 hours. A $50.00 re-instatement fee of $50.00 will apply to Dedicated Servers and the customer's servers will be activated within 48 hours.

Indemnification Policy

You agree to use all Agile Hosting services and facilities at your own risk. Agile Hosting specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Agile Hosting be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD AGILE HOSTING HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY AGILE HOSTING. CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD AGILE HOSTING HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS, CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST AGILE HOSTING, 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, ITS AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS AGILE HOSTING AGAINST LIABILITIES ARISING OUT OF:

1. any injury to person or property caused by any products sold or otherwise distributed in connection with Agile Hosting’s server;
2. any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
3. copyright infringement and
4. any defective products sold to customer from Agile Hosting’s server.

Agile Hosting shall be the sole judge of what violates this Policy.

Termination and Account Cancellation

To cancel your subscription(s), services and/or account, please submit a ticket through our Online Support Desk 5 days prior to your subscription billing period cycle date.

Over usage fees will be calculated and invoiced at the time of cancellation.

IMPORTANT NOTE: Phone requests will not constitute acceptance of any cancellation. Notification of cancellation must be received at least five business days prior to your next cycle date, with the cycle date being the first day of the next calendar month, in order to avoid charges in full for the next cycle. It is the Customer's responsibility to secure e-mail confirmation from Agile Hosting that account has been cancelled. If the client has not yet received e-mail confirmation of account cancellation, then the account remains active, and you may continue to be invoiced.

If Customer has a balance due at the time of cancellation, including any over usage fees accrued, this balance must be paid in full. Cancellation does not absolve Customer of any outstanding financial obligations. All Agile Hosting accounts must be paid in full before the cancellation will be considered complete.

Transferring your domain to another provider or nonuse of your hosting account does not constitute canceling your account. You must notify Agile Hosting to formally cancel your account to avoid further charges.

Account Ownership:

Agile Hosting is only responsible to the present owner of the Web hosting space. We verify ownership by credit card number (if paid for by credit card), name, address, email address, username, & password.

lf you give this information to any other party or give access to your e-mail address on your account to another party, you risk having your Web site and any other information on your account changed and/or deleted. We are not responsible for any information on your account if you reveal this information to another party who causes damage to your account and/or Web site.

If you are a Web designer and you are not the person paying for the hosting account, we advise you to receive payment for your work before you publish it to our servers. Once the Web site is published to our servers the account owner has retained ownership of that content.

Reporting Alleged Copyright Infringement

If you believe your copyrighted work is being infringed on an Agile Hosting server, please notify us as follows:

Agile Hosting
Agile Hosting
E-Mail: legal@agilehosting.com
US Mail: 326 Country Walk Dr., STE B3, Sister Bay WI 54234

In notifying us of the alleged copyright infringement, please be sure to include the following information:

a description of the copyrighted work that is the subject of the claimed infringement (if multiple works are being infringed at a single site, a representative list of such works at that site is adequate);
a description of the infringing material and information sufficient to permit Agile Hosting to locate the material;
contact information for you, including your address, telephone number and/or email address;
a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law;
a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and
a physical or electronic signature of the copyright owner or a person authorized to act on its behalf.

Failure to include all of the above-listed information may result in a delay of the processing of your complaint.

For more information on copyright infringement and the DMCA:
http://www.copyright.gov/onlinesp/

Acceptable Use Policy

Shared Web Hosting Server Email Policy:

Mail Lists: We have a strict policy regarding UCE/Spam on our network, but we do allow use of mailing lists within the constraints of our spam policy. However, sending thousands of e-mails off of a given server can impact the performance of the server. Therefore we limit the amount of e-mail allowed on our Shared Web Hosting Servers to no more than 5,000 e-mails per day and 15 emails in 60 seconds per e-mail account or mailing script.

If running an email mailing list, all recipients must have double-opted in to receive mail from that particular list. We do NOT allow:

mailing to any email address for which full double-opt-in records are not on file and readily accessible (you may be asked to provide these records at any time);
mailing to any email address which did not double-opt-in to the exact list doing the mail-out;
mailing to any email address which has been rented, borrowed, purchased, or otherwise acquired by any means other than a direct double-opt-in subscription to that exact list;
mailing to any email address through a "joint venture" unless your list subscribers were advised prior to sign-up they would be receiving emails about other businesses as a result of subscribing to your list;
mailing to any email address more often than the frequency cited upon sign-up;
mailing to an email address after the recipient has unsubscribed. Once they have unsubscribed, they are gone. Do not contact them again.

SPAM / UCE (Unsolicited Commercial E-mail)

Agile Hosting is committed to a zero-tolerance, anti-Spamming policy on our network. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the Agile Hosting network, by customers or any other users of the Agile Hosting network (including resellers' and customers' customers); AND/OR over ANY network— if the message sent advertises, mentions or involves a site hosted on the Agile Hosting server. This also includes:

Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of usenet groups;
Posting obscene or threatening messages while using or referring to a Agile Hosting email address or web site URL;
The use of Agile Hosting servers as a mail drop for responses to activities described above;
Bulk UCE, promotional material, or other forms of unrequested solicitation sent via e-mail that advertise any IP address belonging to Agile Hosting or any URL (domain) that is hosted by Agile Hosting;
Unsolicited postings to newsgroups advertising any IP or URL hosted by Agile Hosting.
The use of web pages set up on ISPs that allow spamming (also known as "ghost sites") that directly or indirectly reference customers to domains or IP addresses hosted by Agile Hosting;
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate a means to spam;
Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy.

If you have any complaints or comments regarding Spam on our network, please use our support desk (no registration required!) to submit your complaint to our abuse department.

"One Strike, You're Out" Spam Termination Policy

Violation of Agile Hosting Spam policy will result in severe penalties. We have severe penalties in place in the hopes of discouraging users from participating in spamming.

Upon notification of an alleged violation of our Spam policy, Agile Hosting will initiate an investigation within 48 hours of notification. During the investigation, Agile Hosting may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our Spam policy, Agile Hosting will terminate the customer's account. Further, Agile Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Agile Hosting will notify law enforcement officials if the violation is believed to be a criminal offense. Accounts canceled due to spam will be billed an Administrative Fee of $500.

In the event an account is closed due to violation of the Spam policies, the customer's data and backups will be destroyed immediately. A customer who violates our Spam policies forfeits their right to access any material they have uploaded to our servers.

Agile Hosting also reserves the right to publish terminated clients' information, domain names and account activity data on anti-spam resource websites to assist other web hosts in protecting themselves from sign-ups from individuals who have a confirmed spamming history.

Content

All services provided by Agile Hosting may 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, or in violation of the laws of any country, is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, material that advocates or calls for the commission of crimes or civil harms to any person, group of people, corporation, country, or any entity, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Agile Hosting from any claims resulting from the use of the service which damages the subscriber or any other party.

Also prohibited on all Agile Hosting servers are sites that promote any illegal activity or present content that may be damaging to Agile Hosting servers or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

Pirated software
Hacker programs or archives
Warez sites
Any illegal activity, including adult content, links to adult content web sites, spamming or hacking will result in your site being shut down and all your files deleted without warning.

Agile Hosting will be the sole arbiter as to what constitutes a violation of this provision.

Pornography and Adult Content is prohibited on all Agile Hosting Shared Web Hosting servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Agile Hosting will be the sole arbiter in determining violations of this provision and includes but is not limited to the following:

Any site whose revenue is gained in part or whole from its adult content;
Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes;
Hyperlinks to adult sites, including but not limited to sites who violate these policies;
Sites that have discussion boards and share information that is 'adult' in nature;
Sites that sell or promote 'adult' material, including but not limited to adult toys.

Child Pornography on the Internet

Our policy on child pornography is zero tolerance. Agile Hosting will cooperate fully with any criminal investigation into any customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers, if they are resellers, are ultimately responsible for the actions of their clients over the Agile Hosting network, and will be liable for illegal material posted by any of 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 will be reported to the U.S. Customs Agency at 1-800-BEALERT

CGI Scripts Policy

Unfortunately, many good things are turned on us to be used for nefarious activities. Commonly used scripts are frequently exploited to allow unauthorized access to the systems they are running on. Others just require more resources than is allocated on a shared server environment.

Consequently, in order to keep Agile Hosting network and servers safe, we may need to take actions that inconvenience our good customers. Any time we find scripts or other commonly used tools that can become easily compromised or impact other users by using too many server resources, we may need to disable scripts or other tools installed and used by our customers.

Although our Dedicated Servers are semi-managed, we do not monitor or restrict the programs and scripts you run on your servers unless they place our network at risk. We do recommend that you keep your scripts current to reduce the risk of exploitation.

Whenever possible, we will notify our customers in advance.

Please contact our technical support team if you have questions regarding for 3rd party scripts.

Resource Abuse: Shared Web Hosting Servers

System resource abuse is defined as any site whose traffic, programs and/or processes are using excessive amounts of system resources, such as cpu usage and memory, for example. Excessive amounts is defined as any amount that results in degradation of server performance. Agile Hosting is the sole determinant of what constitutes degraded server performance.

Examples of banned software, processes and programs include, but are not limited to:

Flat file database/text driven Forums/Bulletin Boards: high resource usage, we recommend you use mysql data base driven forums;
IRC bots and clients: resource intensive;
Proxy servers: often used to hide identity;
Hivemail: high resource/abuse risk;
Matt's Formmail v. 1.91 and older, and Jack's Formmail PHP: please check with our technicians for recommendations. The common Formmail scripts tend to be easily exploited.
Background Running Processes: Background Daemons in general are prohibited on Agile Hosting Shared Web Hosting servers, including, but not limited to, IRC bots, eggdrop, BitchX, XiRCON, warez sites and any other program that interferes with normal server operation;
Persistent MySQL Connections: Due to the fact that persistent mySQL connections have the ability to use considerable server resources, this configuration is not allowed on our shared servers. It is understood that in some situations, persistent connections may actually reduce resource usage on a server. However, we have found that connections are commonly not released properly and are, therefore, more detrimental to a shared hosting environment than they are helpful.
Mail Lists: We have a strict policy regarding UCE/Spam on our network, but we do allow use of mailing lists within the constraints of our UCE/Spam policy. However, sending thousands of e-mails off of a given server can impact the performance of the server. Therefore we limit the amount of e-mail allowed on our Shared Web Hosting Servers to no more than 5,000 e-mails per day, and 15 emails in 1 minute. Our daily email limit is a hard limit, meaning that any email from your domain over this limit will be bounced. Please use mailing list software that allows you to control the number of emails per number of seconds to reduce chance of outgoing email bouncing.
Any CPU process which consumes more than 29% of the CPU for longer than 10 consecutive minutes. Any combination of processes which consume more than 20% of the CPU time for longer than 30 minutes combined within a 24 hour period.
Offsite search engines: Resource intensive.

We allow customers to set up cron jobs to perform routine functions automatically. Due to the impact on the server, running some automated processes can take up considerable server resources and in those cases, our technicians may disable the cron job without prior notice.

Traffic Policy:

Agile Hosting allows for very generous traffic, and most sites never exceed 2 GB per month, unless they offer shareware, sound, video, image and multimedia archives, or are mirror sites or any site whose primary purpose is file distribution. Agile Hosting customers are discouraged from storing any files that cause excessive traffic on Agile Hosting shared web hosting servers. Please contact the Agile Hosting Technical Support team for more information. Again, most of the sites do not fall into this category and never reach our traffic limits. For customers with this type of traffic, you may want to consider a Dedicated Server plan which provides more resources and less expensive over bandwidth fees.

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.

Any deliberate attempt to cause damage to Agile Hosting or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.

We will not host Web sites which contain adult material on our shared web hosting servers.

In the event you exceed the transfer limit allowed on your hosting plan, you will be charged over usage fees. We do not cap your data transfer at your hosting account limit. You can monitor your monthly transfer through your control panel.

Disk Space

Agile Hosting allows generous disk quota's for storing your files, graphics, pictures, etc. We do have some limits on our disk space that impact server performance:

Mail Box quota:
Our mail box quota is 100 MB per POP account. This should be adequate storage for email users and even Web Mail users. Once the quota exceeds 100 MB, using the Web Mail features can cause high loads on the server as it has to process all email in the mail box. If you travel and need to view your email online, we recommend using an email client software (Outlook, Outlook Express) to set the mail to be left on the server for 'x' number of days (as required for your travels), but use the email client to download your email for retention purposes.
DataBases:
We do not have a server level Database quota, it is part of your overall disk quota, but as your database grows, using the supporting software can begin using more server resources and begin impacting server performance. We highly recommend you maintain/optimize your databases and trim them on occasion. Many software vendors include trimming tools (a common example is forum software).

Backups

For our Shared Web Hosting Servers, backups are made daily off server and are kept for server restoration purposes. We do offer recovery service of files and directories for a per incident fee. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. It is the clients' responsibility to maintain local copies of their Web content and information. There are backup tools provided in the customers control panels to assist them with backing up their data.

On our Managed Dedicated Servers, we do not backup the data by default. There are fee-based Backup options available and there are tools available in your control panel for backing up your data. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups.

Customer Security Responsibility

The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer's server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is solely responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach. The labor used to rectify any such damage is categorized as emergency security breach recovery and is currently charged at $275 USD per hour. Inquiries regarding security matters may be directed to abuse@agilehosting.com

System and Network Security

Violations of system or network security are prohibited, and may result in criminal and civil liability. Agile Hosting may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

• 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.

• Interference with service to any user, host or network including, without limitation, mail bombing, flooding, 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 e-mail or a newsgroup posting.

• High-risk services, which are services which tend to attract denial of service attacks, are strictly prohibited. This includes, but is not limited to, IRC related services and selling of shell accounts.

Violators of the policy are responsible, without limitations, for the cost of labor to clean up and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Agile Hosting. Such labor is categorized as emergency security breach recovery and is currently charged at $275 USD per hour required. Inquiries regarding security matters may be directed to abuse@agilehosting.com. Agile Hosting is concerned with the privacy of online communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Agile Hosting urges its customers to assume that all of their online communications are insecure. Agile Hosting cannot take responsibility for the security of information transmitted over Agile Hosting facilities.

Internet Etiquette

The customer is expected to be familiar with and to practice good Internet etiquette (Netiquette). The customer will comply with the rules appropriate to any network to which Agile Hosting may provide access. The customer should not post, transmit, or permit Internet access to information the customer desires to keep confidential. The customer is not permitted to post any material that is illegal, libelous, and tortuous, indecently depicts children or is likely to result in retaliation against Agile Hosting by offended users. Agile Hosting reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.

Privacy

What Personal Information does Agile Hosting collect?

In the course of serving its customers, Agile Hosting acquires, stores and transmits customer communications and information that customers may regard as private or sensitive. Some of this information - such as the customer's name, address, telephone number, and credit card data - is provided to Agile Hosting by its customers in order to establish service. Other information - such as the customer's account status, choice of services, and customer logs - is created and maintained by Agile Hosting in the normal course of providing service. Agile Hosting also uses cookies, which are small pieces of information that a web site can store in a designated file on a user's computer for various reasons. In addition, Agile Hosting may store customers' electronic mail and other communications as a necessary incident to the transmission and delivery of those communications.

Data Security

Agile Hosting will protect the confidentiality of its customers' information, account information and personal communications to the fullest extent possible and consistent with the law and the legitimate interests of Agile Hosting, its partners, its employees and other customers of Agile Hostings services. To protect the loss, misuse, and alteration of information that is collected from customers, Agile Hosting has appropriate physical, electronic, and managerial procedures in place.

How is customer information used?

Agile Hosting may share customer information with selected partners, for example, to provide customers with information about products which might be of interest to the customer or to enable the customer to take advantage of special partner programs. Agile Hosting may also use customer information to provide its customers with system information or information about new or upgraded products. To opt out of these mailings, please open a support ticket with our Sales Department here.

Will Agile Hosting ever send me direct mailings?

Yes, Agile Hosting may notify you when your service is impacted, such as notifications for maintenance windows, in the event of a service problem, etc. From time to time, Agile Hosting may send its customers information about various products and services that may be of interest. To opt out of these mailings, please open a support ticket with our Sales Department here. Please note, customers who opt out of mailings, will not receive any notifications of service interruptions or other issues.

How do I protect my Personal Information in public forums?

Agile Hosting may offer interactive forums, such as message boards and chat. Agile Hosting users should be aware that when they voluntarily disclose Personal Information to other users or to third parties on the Agile Hosting system, through e-mail, or outside of the Agile Hosting system, that information can be collected and used by others and may result in unsolicited messages from other members or third parties. While Agile Hosting strives to protect your Personal Information, Agile Hosting cannot guarantee the security of any information that you transmit to Agile Hosting, and you are solely responsible for maintaining the secrecy of any passwords or other account information.

What about privacy on sites that Agile Hosting links to?

Agile Hosting may provide links to its partners and other Internet sites. These sites have separate data and privacy practices independent of Agile Hosting, and Agile Hosting disclaims any responsibility or liability for their policies or actions.
Disclosure of customer information and communications

Agile Hosting will not otherwise disclose its customers' personal and account information unless Agile Hosting has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of Agile Hosting, Agile Hostings customers, or others, or where Agile Hosting has a good faith belief that the law requires such disclosure.

Agile Hosting also will not, except for reasons stated below, disclose to third parties the contents of any electronic mail or other electronic communications that Agile Hosting stores or transmits for its customers. The circumstances under which Agile Hosting will disclose such electronic customer communications are when:

it is necessary in order to provide service to the customer;
it is necessary to protect the legitimate interests of Agile Hosting and its customers;
it is required to cooperate with interception orders, warrants, or other legal process that Agile Hosting determines in its sole discretion to be valid and enforceable; and
it is necessary to provide to a law enforcement agency when the contents are inadvertently obtained by Agile Hosting and appear to pertain to the commission of a crime.

Agile Hosting disclaims any intention to censor, edit or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by customers or others. Agile Hosting will, however, review, delete or block access to communications that may harm Agile Hosting, its customers or third parties. The grounds on which Agile Hosting may take such action include, but are not limited to, actual or potential violations of Agile Hostings policies.

Resellers Policy

We consider our resellers our partners and as such we attempt to establish a friendly but professional relationship. Whenever we have questions or issues regarding your resold accounts, we will work directly with Resellers to resolve the issues. It is also important for Resellers to understand that our policies are written to protect all of our customers and provide them with high quality products and services. All Resellers agree to the following terms when they sign up or continue to use our services:

Resellers agree to our Shared Web Hosting Terms and Conditions for all of their accounts and their customers.

We ask that Resellers post on their web site policies consistent with Agile Hosting, but regardless of what you disclose to your customers, actual or attempted violations of policy by a reseller's end user shall be considered violations of the policy by the reseller regardless of intention and will be acted upon accordingly.

Resellers provide direct support to their customers.
Resellers invoice and collect payments from their customers.
Agile Hosting will not have direct communication with Resellers customers. In the event Resellers customers contact us, we will refer them back to the Reseller for support.
Resellers will be charged for over usage fees as applicable to the packages being used. They can pass these cost down to their customers as appropriate.
Reseller agrees that neither Reseller nor Resellers' customers can hold Agile Hosting responsible for services that you offer.
If Reseller abuses our services, we reserve the right to cancel your account, which may also cancel your customers accounts.