Terms Of Use

The Service We Provide

The terms of use below constitute a legal agreement between you (The User) and Host First(the Company), which provides the Web hosting services described at HostFirst.com. Your agreement to be bound by these terms is acknowledged by your use of the Company Services, Support Services and/or any software made available to you by the Company to sign up for one of our custom design packages.

For us to host your website, it is necessary for you to upload your content to our servers. When you do this uploading, you are creating one or more copies of your content on our system. By purchasing hosting services from us, you acknowledge that these copies are being made, and give us the permission (a license) to maintain these copies and make them available to users of the Internet. You are solely responsible for providing all of the content and other data that make up your website. Please note that even though you upload a copy of your content to our servers, you must always retain a back-up copy of your content, databases and other web-files, as in effect from time to time, so you can reload them in the event of any technical issues, such as server problems, technical or system related issues, loss of that content from our servers, etc.

Backups

We will make every attempt to retain weekly backups. However, as with any data storage systems, backups can fail. We encourage you to perform your own backups on a periodic basis or sign up for our daily backup service.

Because the Services permit Users to electronically transmit or upload content directly to the User Web site, User shall be fully responsible for uploading all content to the User Web site and supplementing, modifying and updating the User Web site, including all back-ups.

Illegal Activities

Host First strives to maintain a high-level of service, and a lot of customers depend on our high standards of quality. As such, we will not provide services to those that are using our services for:
Hacking,Port scans,Stealth Scans, Fraudulent Credit Card "Phishing" Techniques.
Hosting of files or other data that infringes on another's copyright.
Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services, or by maintaining an open SMTP connection.
Hosting, storing, or distributing child pornography.
Hosting large amounts of data not specifically tied ("linked") to your hosting account.
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.
Offering video and/or audio streaming or downloads, MP3 Files, Games and shareware is also not permitted on any Host First server.

Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IPs being blacklisted will be immediately suspended.

About Unlimited

Hosting space is intended for normal use only, and is limited to Web files, active e-mail and content of the hosted Web sites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, electronic mail or FTP hosts. You are responsible for removing any files, e-mails or other data which do not meet these requirements, and for adhering to any usage requirements or limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials (including without limitation files and e-mails), and/or in discontinuation of your services or account, which actions we may take in our sole discretion.

Host First may monitor User's use of bandwidth, disk usage and other resources. Host First, in its sole discretion, shall have the right to take any corrective action if User's utilization of bandwidth, disk usage or other resources exceeds the normal usage by our typical shared hosting customer, resource usage, or is used for other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of User's Web site, User Content, User's electronic mail and e-mail services and/or other materials and services or termination the User's account and of this Agreement, which actions may be taken in Host First's sole and absolute discretion.

Resource Limitation

User may not:

Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

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

Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.

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

Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.

Participate in any file-sharing/peer-to-peer activities.

Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.

Run cron entries with intervals of less than 15 minutes.

While our shared services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 10% of the server resources and/or 10% of the server's CPU. This means that if your website is found to be utilizing more than 10% of the CPU and memory of the service, we reserve the right to take your site offline. If this becomes necessary, you can either upgrade your hosting package, or request a pro-rated refund of the amounts you have paid in advance for the services. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.

Domain Registration

Host Firsty will register or renew any domain name on behalf of the user with a registrar selected by Host First. User's rights to any domain name registration or renewal are not granted by Host First, but are granted by ICANN, the registrar and the applicable laws.

Each user can manage his/her domain registered or transferred to Host First. The access to the domain name management tool is granted after a user's request. The user can always change personal details from domain management portal. The user can transfer the domain name registered by Host First to another domain name registrar at any time.

Domain Transfer

The user can transfer a domain name to the Company. The domain transfer is possible only if the Customer ensures that:

1. The domain name to be transferred is not in 'locked' Status.
2. The user has access to the administrative contact email for the domain.
3. The user can provide the Company with the domain EPP key code, applying to domains for which there is such a code.
4. The domain name was registered for the first time more than 60 day ago.
5. The domain name has extension that Host First is able to register.

Host First charges the appropriate fee for the domain transfer, depending on the domain name extension. The Domain transfer fee is one-time and is non-refundable. Host First cannot be held responsible if a domain transfer is not successful due to the clients' failure to comply with the terms above.

Domain Renewal

When You register a domain name, the domain name be automatically renewed upon reaching the expiration date. Automatic renewal is the default setting, which You must deactivate if You do not want Your domain name(s) to be automatically renewed.

Host First will automatically renew, for a period equivalent to the length of your original registration, any domain name that is up for renewal and will take payment from the Payment Method You have on file with HostFirst.com, at HostFirst.com then current rates. Thus, if you have chosen to register your domain name for one year, HostFirst.com will automatically renew it for one year. If you have chosen to register your domain name for two years, HostFirst.com will automatically renew it for two years, and so on.

If for any reason HostFirst.com is not able to take the payment from the Payment Method You have on file, and You fail to respond to our notices, Your domain name registration will expire.It is Your responsibility to keep Your Payment Method information current, which includes the expiration date if you are using a credit card.

If you fail to renew your domain name, you agree that HostFirst.com may, at its sole discretion, renew your expired domain name on your behalf by charging additional fee.

If you do not renew domain during the Renewal Grace Period (10 days ) your domain name will be placed on Hold and flagged for deletion after which you will have a 30 day redemption period during which you may pay HostFirst.com a Redemption fee and redeem your domain name. The Redemption fee is currently $180 USD+ Renewal Fee and is subject to change under the terms of this agreement. If you do not redeem your domain name prior to the end of the 30 day redemption period HostFirst.com will not be responsible for your domain name deletion by principle registry. We at HostFirst.com do not have any control on domain once it is deleted.

If you do not redeem your domain name prior to the end of the Redemption Grace Period the Registry will release your name and it will become available for registration on a first-come-first-served basis.

Note: All domain registration,renewal,transfer charges will be non Refundable.