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Subscriber agrees not to allow Hummingbird Hosting equipment and services to be used for activities specifically prohibited by the Hummingbird Hosting stated below Hummingbird Hosting Acceptable Use Policy (AUP) The following activities are expressly prohibited: Spam. We do not allow our servers or resources to be used in any way to facilitate the sending or sending of Spam mail (unsolicited commercial email). Any subscriber who sends spam email through our server will have their account terminated without notice. Criminal and civil prosecution may also follow. Any subscriber that has sent spam email through another server with links to their site on a Hummingbird Hosting server will be treated as a spammer. Subscribers must ensure the resources from within their account cannot be used to send spam email. This includes password protecting SMTP mail servers and installing secure scripts. Subscribers should contact support@hummingbirdhosting.com if they believe server resources are being used to send spam email. Safe Lists. Sites that give away free email accounts or hosting accounts. Hacking or any perpetration of security breaches. IRC servers or gaming servers. Hummingbird Hosting does not allow games in any form to be serverd from our servers. The custom installation of phpMyAdmin on our servers. The installation of webmail interfaces or any other mailing related software without written permission from Hummingbird Hosting Support (we provide a webmail interface with all of Hummingbird Hosting accounts) The custom installation of any kind of webstatistic analysis script on their servers. Hummingbird Hosting provides clients with webstat statistics calculated using log files which are processed every 24 hours. The usage of formail.pl or formail.cgi, or other .cgi based formmails, to send results from webforms to email. Illegal activities. Any form of pornography. Child pornography or any activities harmful to minors. You must be 18 or above to be a Hummingbird Hosting customer. Fraudulent activity. Trademark or Copyright infringement. Network attacks or any unfriendly effort to effect service on another network or server. Virus distribution. Anonymous gateways. MLM (Multi Level Marketing) or MLM related type sites, or email promotion/marketing sites. Any scripts that can create shell login to the server. Investigations revealing the above activities where the terms of service have been broken will result in a charge to the client of $150.00 per hour for the duration of the investigation. ------------ Account Cancellations All plans can be canceled within seven days of the next billing cycle. This will prevent the next billing cycle from debiting the customer's credit card/check account. Excess Bandwidth Charges Charges for extra bandwidth transfer are calculated at $2.00 Per Gigabyte 30 Day Money Back Policy Hummingbird Hosting offers refunds on hosting for accounts cancelled within 30 days of opening. Refunds are always granted unless the account was closed due to a violation of our TOS. Pay Pal payments are charged a small fee from Pay Pal for refunds. Refunds are not available for domain registrations. All prices listed on our site are in US Dollars. IP Blocking Hummingbird Hosting reserves the right to block IPs from known spam addresses and high-risk IP adresses known for hacking and virus sending. Hummingbird Hosting does this to protect both servers and customers from viruses, spam emails and hacking. Customers who would like to report spam IPs can contact support@hummingbirdhosting.com. Customers who would like to have further information regarding IP blocking can contact support@hummingbirdhosting.com. Hummingbird Hosting DOES NOT block out entire country IP ranges. MySQL Databases A maximum size of 100 Megabytes is permitted. Log Files Log files for each domain are rotated on a monthly basis. Abuse. Hummingbird Hosting will not tolerate abuses of our servers including but not limited to, Applications/scripts/software that a client runs on our servers that cause the server to load beyond a reasonable level, as determined by us. Abuse of support. Hummingbird Hosting will not tolerate Abuse of support staff or the support system in general. ------------ Hummingbird Hosting reserve the right to terminate any subscriber's account who does not meet the AUP above. Please note that this AUP is subject to change and it is the Customer's responsibility to regularly check for modifications. Hummingbird Hosting does not issue refunds for terminating service due to suspected AUP violations. ------------ Limitation of Liability, Indemnification: A. Subscriber agrees to indemnify Hummingbird Hosting from any claim, demand, loss, cause of action, liability, cost or expense, including without limitation reasonable attorney's fees, which may be incurred by or asserted against Hummingbird Hosting which results from any active negligence on the part of Subscriber or Subscriber's employees, Subscribers or agents. B: Subscriber agress to idemnify Hummingbird Hosting from any claim for loss of service or data. Hummingbird Hosting reserves the right to amend or otherwise change this agreement by publishing the updated service agreement on the Hummingbird Hosting Web site.

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