2 - HOST OBRIGATIONS
2.1 Provision of Services
2.1.1. HOST will provide the Services, subject to the terms of the Service Agreement. HOST grants You a non-exclusive, non-transferable, non-sublicenseable, revocable right to: (a) use and access the Services for internal purposes; and (b) use the Services to create, offer and provide Customer Offerings. HOST retains the right to reject a request for Services. HOST may change, discontinue, add, modify, re-price or remove features or functionality from the Services upon notice to You provided through the Customer Services Portal. It is Your responsibility to review the Customer Services Portal for such notices on a frequent basis. If You continue to use the Services following any such modification, You will be deemed to have accepted such modification.
3 - CUSTOMER OBLIGATIONS AND MUTUAL AGREEMENT
3.1. In order to maintain greater security for the parties here agreeing, the CUSTOMER must keep a backup copy of all his sites on his computer, as also the backup offered by HOST, which is an optional service. HOST offers resources through its control panels and FTP servers to the customer in order to perform backup of his data, whenever wanted.
3.2. CUSTOMER cannot:
(A): transmit or store any information, data or material that violates any federal, state or municipal law in their home country or any laws of the United States;
(B): provide or store any copyrighted materials, intellectual property or copyright, including MP3, MPEG, ROM or ROM emulators, videos, anime, distribution disclosure of passwords to access other people's programs, insults, defamation of people or business, claims considered as dangerous or obscene, secrets protected by the state or other legal status or any other content protected by Property Law for which customer has no right.
(C): promote or provide instructional information about illegal activities, promote or induce physical or moral harm against any group or individual;
(D): make, use or store any material that exploits somehow, children and teenagers under eighteen (18) years of age;
(E): provide, use or store any grotesque or offensive content to the Web community, which may include, but not limited to this, fanaticism, racism, hatred or profanity;
(F): transmit, store or disclose any material related with hacking / cracking or child pornography, including links to other sites with similar content.
(G): send generalized emails on an abusive way or send them without request of the recipient(s), from a HOST server. (HOST's servers are monitored 24 (twenty four) hours per day and will use SMTP to characterized as SPAM a single unsolicited e-mail advertising or disclosing that is sent to any recipient)
(H): send emails on an abusive and general way, or send them without request of the recipient(s), from any other server external to the "HOST ONE" network with the intention of promoting any domain hosted at the "HOST ONE" servers or whose return e-mail belongs to a domain hosted on these servers.
(I): attempt to operate IRC or IRC bots on our servers.
(J): transfer to third parties or allow them to use an account, which is for the exclusive use of the CUSTOMER (if case of wanting to change something, the CUSTOMER must notify HOST previously);
(K): try, or effectively break passwords or invade other parties' sites from a HOST server.
(L): provide to HOST false data on the service request form.
(M): HOST CUSTOMERS only may accept customer that strictly comply with all usage policies and the CUSTOMER will be responsible for the compliance of these clauses by his customers, failing to receive punishments provided for in the contract and all judicial responsibility, found its negligence or bad faith.
3.2.1. Disrespect of prohibitions set out in paragraphs "A" to "J" contained in clause "3.2" of this contract, shall be punished with immediate suspension of service by HOST for a period of 24 (twenty four) hours without prior notice. Giving the opportunity to CUSTOMER to claim and commit not to repeat the violation. In case of repetition, section 3.2.2 of this term is applied.
3.3. It is stipulated that in order to maintain greater security of the parties here agreeing and others, the CUSTOMER agrees and accepts that the HOST temporarily suspends the operation of a site or group of CUSTOMER sites if they are under attack, by third parties via the internet (DDOS or DOS) in which case it will be the responsibility of the CUSTOMER to define if the attacked websites(s) should be suspended. It should be noted that this measure aims not only to protect the HOST, but also ensure the integrity and operation of the entire network, including the service to the CUSTOMER.
3.3.1. The CUSTOMER that has contracted HOST is responsible to inform his customers (or third parties) of any interruptions in service provision because of the circumstances mentioned in clause "3.3" of this contract and be legally responsible before them if perhaps be required.
3.3.2. It is forbidden the use of HOST servers to keep backups of any kind or use the service as a virtual disk, hosting video or audio files with content of movies, TV shows, music (with or without copyright license for this purpose) and downloadable software.
3.3.3 Any payment processed by third party services as PayPal are subject of third party services’ terms and conditions. Host One makes no representation or any king of warranties with respect of these services.
3.3.4 To guarantee excellent performance by our service, we may temporary perform routine maintenance. This type of technique may require raking Service offline, typically during off-peak hours. We take the responsibility to advise CUSTOMER of any maintenance requiring Service to be taken offline by publishing notice on our website. In any case, we do not accept any complein or dispute in this sense.