
A B. P. Knight Company

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Hosting Policies

Host Knight is able to provide customers with unmatched speed, power and performance only by ensuring that all system policies are enforced.

It is the responsibility of all Host Knight customers to read and abide by our system policies. Below are the five policies that all customers acknowledge reading and agreeing to:

Appropriate Usage Policy

Spam / UCE Policy

CGI Scripts Policy

Bandwidth Usage Policy

Billing Policy

Web Hosting Support

Appropriate Usage Policy

1. Host Knight reserves the right to refuse service or cancel existing accounts for violations of our service agreement. In the event of an account cancellation by Host Knight for violation issues Host Knight will not issue a refund unless otherwise agreed to by Host Knight prior to cancellation. Depending on the violation, you may be given the chance to correct the violation.

2. Host Knight reserves the right to change fees at any time.

3. Host Knight is not responsible for lost revenue, traffic, or data caused by server down-time or failure, domain name transfers, or any other error - mechanical or human.

4. Customers of Host Knight are forbidden from partaking in any "abusive practice." The following is a list of current abusive practices. Host Knight reserves the right to add to or modify this list at any time.

Sending unsolicited commercial e-mail with your account is a violation and is incurred if any unsolicited email is reported relating to your domain with us in anyway, regardless of what SMTP (outgoing mail server) was used to transmit the message.
Upload, posting or reproducing in any way materials protected by copyright without the permission of the copyright holder is a violation.
Participating in an abusive practice will lead to an immediate account termination without prior notice or refund of any pre-payment.

5. Customers of Host Knight are bound to all system policies listed within this agreement. Violation of any of these system policies may result in an immediate account cancellation without refund or access to hosted files.

6. Host Knight hosting services may only be used for lawful purposes. Transmission of any material in violation of any U.S. or any state regulation is prohibited. This includes but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret.

The client specifically agrees to indemnify and hold harmless Host Knight, and any of its affiliates from any claim resulting from a breach of these terms, and/or the use of the service which damages another.

7. This agreement shall be governed by the Laws of the State of Texas. Any action in regard to this agreement or arising out of its terms and conditions shall be instituted and litigated in the State of Texas District Court for Jones County. Each of the parties consents to jurisdiction in such Court and agrees that service of process as provided by the statutes and rules of civil procedures of Texas shall be sufficient.

8. This agreement constitutes the entire agreement between the parties hereto. Host Knight reserves the right to make changes to these policies at any time without notification to customers.

Misuse of system resources:
To protect and maintain high availability of all servers, activities designed to cause harm to or monopolize the resources of any server in the Host Knight network is prohibited. This includes, but is not limited to, the use of programs that consume excessive CPU time; use of server space for backup or storage of material unrelated to the web site of an account; use of any provided mail services other than for the client's own account; resale of disk space without an appropriate reseller agreement; use of servers to engage in any malicious or illegal activity, including unauthorized access to remote systems or providing the means for such access or engaging in any activity that can be used as a means to begin remote system penetration; distribution of viruses, worms, or any other electronic destructive resource; or maintaining or creating any free for all (FFA) type sites.

Internet Relay Chat ("IRC") related materials are prohibited, without exception. This includes bots, bouncers, or any script or software package designed to facilitate the creation, maintenance, or access to any IRC server or channel. Client accounts found to have such software or scripts uploaded are subject to suspension or termination without notice. Scripts or software found to exist on any server will be deleted immediately upon discovery, without notice, and a warning issued. Further violations of this policy will result in account termination.

CGI or php-based shell scripts are prohibited. This includes any script that is used for the purpose of issuing shell-level commands or which acts as a proxy for shell access via a web browser rather than the use of the embedded SSH client in the control panel or the use of a standalone SSH client. Such scripts will be deleted without notice when found. Continued use of such scripts will be grounds for account termination.

Web proxy scripts are prohibited. This includes any script, such as nph-proxy, that allows anyone to browse to a third party web site from any server in the Host Knight network or that otherwise masks the true origination point of browsing activities by use of network information associated with Host Knight. Such scripts will be deleted when found. Repeated violations will result in account suspension or termination.

The weblog software Greymatter is not permitted on any Hosting Matters server. Filtering is performed on all servers to deny access to the scripts Greymatter utilizes due to the resource issues created by those scripts. Installations found will be noted to the account holder for removal and transitioning to a new weblog software package.

Spam / UCE Policy

Growth of the Internet has brought about more possibilities for abuse of this new communications medium. Host Knight has developed the following policies regarding abuse of Internet services. These policies were established to protect you, our customer, from Internet harassment and intrusions of privacy.

"Netiquette" is generally defined as the standards or practices an individual or organization engages in to insure responsible Internet citizenship on their behalf, as well as refraining from standards or practices which would impose undue financial, time, or social constraints on other users of the Internet. Every facet of the Internet is overseen by individual organizations (such as Host Knight) whose networks are interconnected to form the Internet. Every user of the Internet is responsible for their own behavior.

The Internet is simply an interconnected set of similar networks, each entity using the Internet assumes some liability for the cost associated with traffic and storage. When the costs of storage space and transmission are all figured together, a single posting can cost the collective Internet thousands of dollars! There are similar costs associated with the bandwidth required to transmit e-mail. A customer using e-mail or news postings for abusive purposes can create a large financial impact on the individual networks involved.

Individuals have fallen victim to some sort of Internet abuse have other costs including decreased effectiveness of the Internet. Someone besieged by SPAM e-mail (a massive bulk e-mail message to subscribers who did not indicate any desire to receive such e-mail) spends additional time downloading and responding to e-mail which was not requested in the first place.

When a Host Knight customer performs one of these abusive activities, Host Knight pays the price as well. The additional time Host Knight employees spend responding to complaints could be better spent providing other services. In particularly some incidents, angry Internet users have been known to "mail bomb" an ISP by setting up programs to send so much e-mail that the ISP’s mail server crashes thereby denying e-mail access to every customer of the ISP. Our system is robust enough to escape most of these types of activities. Host Knight cannot escape every undesirable activity.

Due to the potential consequences of this type of activity, Host Knight disapproves of this type of behavior by its customers. Any Host Knight customer who abuses the resources of the Internet in any of the following ways will lose their access to the Host Knight network permanently. This includes:

1. Excessive posting of e-mail to Internet users who previously have not indicated a desire to receive such e-mail.
2. Using the Host Knight network for any illegal purpose.
If the subject of Internet abuse is still unclear, please see one of the following URLs:

Federal Spam Laws

Government News Release

Any subscriber who violates the SPAM policies of Host Knight will be charged $100.00 per hour (one hour minimum charge) for the time it takes to "clean up" the SPAM. This shall include but not be limited to the time required to answer mail from recipients of your SPAM and/or repair any damage to the server due to the mail program locking up, "mail bombing" or other actions of the recipients in response to the SPAM.

Host Knight will in turn provide the name and personal information of any person found to be in violation of any laws to the appropriate state and/or federal officials for further legal action.

CGI Scripts Policy

Our servers are not to be used as your testing platforms. Customer accounts are on high end, live server responsible for maintaining many accounts. Your server space is being provided to display your product to the web - NOT for application or script testing. If you are uploading a script to our server, you acknowledge that you have already tested your script elsewhere and that you know how to install the script. Any script that the server administrator deems to be potentially threatening to the overall performance of our web server will be terminated immediately and your account access could be subject to suspension or terminated without refund of any pre-paid fees. Termination includes the purging of all customer files.

Any time spent by Host Knight to kill a script and/or to lock an account will be billed to the account at a rate of $85.00 per hour (one hour minimum charge). Malicious scripts are subject to immediate Account cancellation.

Please note the following Cgi script usage policies:

The script must use low system resources. Scripts that consume a large amount of server memory or CPU power will be subject to account review, possible mandatory upgrade to dedicated server and/or additional fee.
Each user account may not use more than 1% of system resources at any given time. Scripts may not interact with any server configuration or hardware. Users running scripts that interact with any server configuration or any hardware will be subject to account review, possible mandatory upgrade to dedicated server, and/or additional fee.
The script can be used and referenced from any site on the Net (i.e. free counters, etc.); however, scripts must stay within the allowable usage of our system resources. Users using more resources than a single user account is entitled to use will be subject to account review, possible mandatory upgrade to dedicated server, and/or additional fee.
The script must be executed in a timely fashion. Any script that uses the processor for more than a few milliseconds is subject to removal by system administrator.
Scripts must be secure. Unnecessarily setting permissions (chmod) of scripts to 777 is a policy violation. Placing scripts in a publicly viewable directory (one without an index.html files) is a policy violation and is subject to removal by system administrator.
Any accounts with scripts found in violation of any Host Knight, policy are subject to future scrutiny of all Cgi by our system administrator. If a script is found to be harmful to the system, it will be killed immediately and the account locked until the account owners have been contacted. Any time spent by Host Knight to kill a script and/or to lock an account will be billed to the account at a rate of $85.00 per hour (one hour minimum).
Malicious scripts are subject to immediate account cancellation.

Bandwidth Usage Policy

The official Host Knight policy is to provide enough monthly bandwidth so that any site using normal resources will be able to perform without a problem. If a site uses over it's allotment of bandwidth for its type of account, the customer’s type of account may automatically be upgraded and the customer charged the upgraded account type charges.

The customer will be e-mailed a notice once an upgraded account type is assessed to the customer. Warnings will not be sent to notify customer that the limit has been reached or exceeded.

Billing Policy

All customers of Host Knight must abide by all the terms set forth in this and all other policies. Violation of any of these terms can and will result in the possible termination of an account with no refund including any pre-payment. Billing payment is due the first of the month, depending on your account type. Prices are subject to change in the future, but are guaranteed through customers pre-paid billing period.
Checks and Money Orders must be payable to B. P. Knight

1. Payments via Credit Card: Host Knight accepts payment via all major Credit Cards through PayPal. Visa and Master Card are accepted with our shopping cart and processed without going through PayPal.
2. Payments via Check:
Host Knight accepts payments via check. For accounts paying by check, payment equivalent to the monthly or pre-arranged account fees must be received at our office before the order will be processed. All invoices are sent via email, unless specifically requested to send via US Postal Service by customer, on approximately the fifteenth of each month. Payments are due no later that the 10th of the each month. Customers are responsible for paying their account even if they do not receive their invoice via email or in the U.S. Postal Mail. If payments are made later than the 10th of each month, there will be an additional $10.00 late fee added to the next billing cycle.
3. Payments via International Checks:
Host Knight accepts payments via International checks paid in U.S. funds – check must note payment in U.S. funds on check. Checks that are written that do not draw from a U.S. bank will have processing fees imposed by the banks. Processing fees imposed by the bank will be billed to the customer. All fees must be paid in advance. All International Checks must be cleared with our bank before any work will be done.
4. Late Payments:
When customer payments are late, the account(s) may be suspended on the 10th of the month and cancelled at the end of the month if there is no payment made. The customer will have the option of reactivating the account after paying the full amount of the invoice due and an additional fee of $15.00 may be assessed for reactivation.
5. Accounts with Non-Usable credit cards:
Credit cards on file are non-usable when any of the following occur:

a. The card has expired.
b. The card declines our charges for any reason.
c. The card is reported lost or stolen.
d. The card is declared invalid by our processing system. If a credit card payment fails, the customer will be sent an e-mail with 15 days to rectify the situation either with a new payment method or by updating the credit card information. The customer’s account(s) will be suspended on the 10th of the month and cancelled at the end of the month if there is no payment made. The customer will have the option of reactivating the account after paying the full amount of the invoice due. An additional fee of $15.00 may be assessed for reactivation.

6. Frequently Delinquent Policy:
Host Knight considers a customer to be "frequently delinquent" after the third past due or credit card problem notice within any one year period. Customers who become "frequently delinquent" are required to have a positive account balance at all times to receive continued service. On the 30th day of any month, a "frequently delinquent" customer must have enough money in his/her account to cover the next month’s hosting fee. When a "frequently delinquent" customer fails to have sufficient funds to pay for the next month of service, the account may be suspended immediately and the account will remain suspended until the end of the month and cancelled if there is no payment made. This policy applies to all payment methods. This policy is non-negotiable.
7. Cancellation Policy:
A cancellation will only be accepted if it is done by one of the following methods:

a. When customer payments are late, the account(s) will be suspended on the 10th of the month and cancelled at the end of the month if there is no payment made.
b. The customer must submit his/her virtual authorization by requesting cancellation via email to: hk-sales 'at' hostknight.com
The request must include the following information:
Account name and password
Cancellation request
Your request will be confirmed via e-mail.
When a cancellation request is made, the technical department will remove all configuration information as well as all contents of the account. Host Knight will remove all files. This will include unread e-mail left on Host Knight servers.

8. Refund Policy:
If an account is canceled within the first 30 days of service, the customer will receive a full refund of all account fees except overage's. This 30 day policy shall include the 30th day. Any over usage fees including but not limited to additional bandwidth will not be refunded.
9. Refunds after the first 30 days:
All service rendered to date will be billed and must be paid in full.
10. Billing Records:
The customer is responsible for keeping records current at all times. Host Knight is not responsible for actions that are taken as a result of customer’s failure to respond to Host Knight notifications.

Web Hosting Support

For Support please use a contact: hk-webmaster 'at' hostknight.com

You can submit billing information changes to Host Knight via email to: hk-sales 'at' hostknight.com
Please keep your contact information up to date with us.