BlackHOST TOS (Terms of service)
By accessing the Site or registering for or using the Services, you agree to these Terms in their entirety.
All clients of BlackHOST LTD. also warrant that they are at least 18 years of age, and that they have the right and authority to bind themselves, or the company that they represent, to the terms of this TOS. This TOS, may be modified from time-to-time. All clients of BlackHOST LTD. agree to be bound by these modifications. The most recent version of this TOS can always be found here.
While we facilitate your business on the Internet, we are an independent contractor. We only have control of the products and services we provide directly, and are not liable for your actions, the actions of our third party service providers, or the actions of individuals who use your products and services (End Users).
Subscriber affirms that they are either more than eighteen (18) years of age or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service contained herein.
If you are under the age of eighteen (18) years of age and between thirteen (13) and seventeen (17) years of age, then you must find a legal parent or guardian to purchase and activate this service for you. If you are unable to find a legal parent or guardian to purchase and activate this service for you or if you are under thirteen (13) years of age, you are not permitted to use this website or its services.
You are required to provide us with accurate information when setting up your account, during the course of our relationship, and when corresponding with us. On occasion, we may need to communicate with you by e-mail about the Services. You agree to maintain a working e-mail address that is monitored daily. We have no responsibility, or liability, for interruptions in the Services, or damages of any sort, based on communications that are misdirected as a result of your failure to provide us with updated contact information.
Changes to the Terms
We may add to, change or remove any part of these Terms, at our sole discretion and at any time without prior notice to you. Such modification shall be effective immediately upon posting at the Site. As your next visit to a Site or use of the Services may be governed by different Terms, we encourage you to look for a new effective date on these Terms when you visit the Site or use the Services. It is your responsibility to check these Terms periodically for changes. If we make any material changes to these Terms, we will endeavor to provide registered users with additional notice of any changes, such as at your e-mail address of record, when you log-in to your account, or when you log-in to the Services. Your use or continued use of the Site or Services following the posting and/or notice of any changes to these Terms or any other posted policies shall constitute your acceptance of the changed Terms or policies.
Please review paragraph 2.1.1 of the cPanel End User License Agreement (http://cpanel.com/legal-store.html). It is expressly incorporated into this TOS by reference.
1. BlackHOST LTD. ("the Company") maintains a zero tolerance policy for use of its network in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail ("SPAM"). You may not use any our services or network to send SPAM. In addition, e-mail sent, or caused to be sent, to or through our network may not:
o Use or contain invalid or forged headers;
o Use or contain invalid or non-existent domain names;
o Employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path;
o Use other means of deceptive addressing;
o Use a third party's internet domain name, or be relayed from or through a third party's equipment, without permission of the third party;
o Contain false or misleading information in the subject line or otherwise contain false or misleading content;
o Fail to comply with additional technical standards described below;
o Otherwise violate the Company's terms and conditions.
3. The Company does not permit or authorize any attempt to use its network in a manner that could damage, disable, overburden or impair any aspect of any of our services, or that could interfere with any other party's use and enjoyment of any the Company product or service.
4. We monitor all traffic to and from our servers. Customers suspected of using the Company's products and services for the purpose of sending SPAM will be investigated. It is the Company's policy to immediately remove and deactivate any offending web site sending SPAM.
5. Customers may be asked to produce records that verify that explicit affirmative permission was obtained from a recipient before a mailing was sent. The Company may consider the lack of such proof of explicit affirmative permission of a questionable mailing.
6. Customers are prohibited from maintaining open mail relays on their servers. Ignorance of the presence or operation of an open mail relay is not and will not be considered an acceptable excuse for its (the open mail relay) operation.
7. Customers are prohibited from providing hosting services for websites that have been included in SPAM. Hosting includes, but is not limited to, hosting website(s), providing DNS services as well as website redirect services.
8. If the Company believes that unauthorized or improper use is being made of any product or service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. The Company may immediately terminate any account on any product or service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.
9. The Company reserves the right to suspend and/or cancel permanently any and all services provided to a User without any notification. If a Customer is in violation of any term or condition of this SPAM Policy, the Acceptable Use Policy, User Agreement or uses of our services to disrupt or, in the Company's sole judgment, could disrupt the Company's business operations, the Company reserves the right to charge such Customer an administrative fee equal to $100.00 per each piece of SPAM sent.
10. To report an incidence of SPAM, please send an email to [email protected]
11. Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, our network. Failure to enforce this policy in every instance does not amount to a waiver of the Company's rights.
12. Unauthorized use of the Company's network in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil and criminal penalties against the sender and those assisting the sender, including those provided by state and federal laws.
2 TOS only for DMCA IGNORE and nothing more
2.1 About Hosting Content:
We try to keep an open mind as possible but have few simple rules you as a customer have to follow:
Threatening, Racial, or otherwise Abusive content
Fraud, MLM (Multi-Level Marketing), Pyramid schemes, or any other activities deemed to be fraudulent
DDoS/Flood attack sending traffic is against policies & law
Botnets/Virus/Malware/IRC or IRC Bots
Anything than can result in Spamhaus listing
Network Abuse / IP Spoofing
The use of any such uses gives us the right to cancel their service without notice, and without any right to refund.
2.2 About Security
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.
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.
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.
Users who violate systems or network security may incur criminal or civil liability.
You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
2.3 Virtual Private Server
If you purchase Virtual Private Server services from us, you also agree to be bound by “Part II” of this TOS which provides additional terms and conditions that govern our Virtual Private Server services.
2.3.1 IP Address
We will provide, at no cost to you, one primary IP address by default, which will be subject to change at any time. You may use this address only in association with the Services, it may not be transferred.
You will have no physical access to the Virtual Private Server.
While the Virtual Private Server may appear to be dedicated solely to your use, the server it is on will be shared with other BlackHOST customers. You will take no actions to limit the use of the Equipment by our other customers or other entities in general. You will not alter, or attempt to alter mechanisms, including software, implemented by us to facilitate the sharing of a server. You understand that certain aspects of the Virtual Private Server designed to facilitate use by multiple parties may affect your use and administration of the Virtual Private Server. You may not terminate this Agreement based on the implementation of these features.
3 TOS only for Anonymous servers and nothing more
3.1 Anonymous Anti-spam
Anti-spam policy is not applied for clients who use this servers.
3.2 Anonymous Protection
BlackHOST will keep your servers online "no matter what". BlackHOST will protect your servers from hurricanes, earthquakes, crashing airplanes, (nuclear) bombs, floods and anything else that could interrupt the hosting of your servers. However the biggest threat usually is the hosting provider that takes your servers offline if they receive complaints from others. As long as your hosting fee is paid BlackHOST will do anything in its power to keep your servers up. In addition BlackHOST protects your servers also from others who might want to take your servers down like the DMCA, your competitors, authorities, burglars, governments and terrorists.
3.3 Impenetrable Hosting Facility
The BlackHOST data center is located in a nuclear bunker that was designed to survive a nuclear war. Even without war the bunker remains impenetrable.
3.4 Concealed Location
The physical limitations to enter the building are not the only reason why customers choose to host their servers at BlackHOST. BlackHOST offers a unique routing system in order to confuse parties that are eager to discover the physical location of the servers. Many known and unknown customers use our services for their online presentation without revealing the actual location. Sometimes it happens that one of our customers is exposed by the media. e.g. see: TorrentFreak. And even then we are able find a suitable solution in order to conceal the location of the servers again.
3.5 Anonymous Hosting
Most of our customers desire to stay anonymous. In most cases we have no idea as to who or where our customers actually are. We do not know and we simply don't care. Who ever you are, it is our business to keep you online
3.6 Mind Your Own Business
BlackHOST does not poke around on your servers. Customers are allowed to host any content they like, except child porn and anything related to terrorism. Everything else is fine. BlackHOST has adopted a policy not to mind our clients business.