The use of Host by Design services is governed by the below Acceptable Use Policy (AUP).

This document was last updated on: Sunday, March 14, 2004.

1. Terms of Service
Host by Design provides worldwide webpage hosting. Host by Design reserves the right to suspend or cancel a customer's access to any or all services provided by Host by Design at any time without notice or reason. Host by Design also reserves the right to cancel or suspend a customer’s account if they breach this AUP.

2. Account-Holder Identification Information
You agree that you, as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name. You agree to supply Host by Design with a current and truthful name, postal address, email address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us or our payment partner(s), and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.

Host by Design reserves the right to refuse service to anyone without notice or reason.


3. Sharing or Reselling of account
You are the individual solely responsible for all use of the account, whether someone you have given access to the account causes damage or not. You understand this includes but is not limited to; breach of the hosting account due to negligence on your part.


4. Account Setup
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under.


5. No warranties
Host by Design makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Host by Design or its agents or employees shall create a warranty. Host by Design provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Host by Design be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.


6. Resource Usage
Users may not initiate the following:

a) Run any process that requires more than 5Mb of memory space, more than 15 CPU seconds, or use more than 5% of all available system resources at any time.

b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.

c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

d) Run any software that interfaces with an IRC (Internet Relay Chat) network.

e) Run any process which interacts with the MySQL Database Management Server using persistent connections. The use of persistent connections to connect to the MySQL Database Management Server on Host by Design servers is strictly prohibited. Any account found to be in violation of this policy will be immediately suspended.

7. Account Use
Host by Design does not allow any of the following content to be hosted:

a) Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation.

b) Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of Host by Design.

c) Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

d) Other Material - Any material we feel to be abusive, effect or could effect the operation of the service and/or effect other internet users. The designation of "abusive" is left entirely to the discretion of Host by Design. All rights reserved.

e) Shell (SSH) Access - A valid reason must be provided for this service to be enabled. Host by Design reserves the right to not enable it or disable it at anytime. Misuse (Spamming etc.) of this service may lead to a fine and/or legal action. This service is not enabled as default.

8. Termination of Sub Account
Host by Design reserves the right to terminate a sub account of your Multiple Domain Hosting Plan or Reseller Plan at anytime and without notice or reason. All rights reserved.


9. Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account terminated without notice.

Host by Design reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. Host by Design also reserves the right to make any such modifications in an emergency at our sole discretion.

Host by Design reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the “clean up fee” is left entirely to the discretion of Host by Design. All rights reserved.


10. Mass-mailing lists
No account hosted on Host by Design servers may send in excess of one-hundred (100) emails per ten (10) minutes or one thousand (1000) emails per twenty-four (24) hours. Any account found in violation of this policy will be immediately suspended.


11. Payment Information
You agree to supply appropriate payment for the services received from Host by Design, in advance of the time period during which such services are provided. You agree that until and unless you notify Host by Design of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Host by Design reserves the right to change the monthly payment amount and any other charges at anytime.


12. Backups and Data Loss
Your use of the service is at your sole risk. Host by Design is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Host by Design servers.


13. Cancellation and Refunds
Host by Design reserves the right to cancel the account at any time.

Customers may cancel their account at any time. Host by Design gives you an unconditional 30 day money back guarantee. Refund requests after 30 days will not be negotiated.

Accounts cancelled/terminated by Host by Design do not qualify for the 30 day money back guarantee. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Accounts where a domain is purchased through Host by Design do not qualify for the money back guarantee. A refund will be given in this circumstance less US$11.99 Per Year for Domain Registration.


14. Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages.


15. Indemnification
Customer agrees that it shall defend, indemnify, save and hold Host by Design harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Host by Design, 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 Host by Design against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Host by Design' 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 Host by Design server.


16. Disclaimer
Host by Design will not be responsible for any damages your business may suffer. Host by Design makes no warranties of any kind, expressed or implied for services we provide. Host by Design disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Host by Design and its employees.

17. Changes to the AUP
Host by Design reserves the right to revise its policies at any time without notice