HostGrape provides Internet World Wide Web online hosting, Marketing, Development, related Services and Products. HostGrape has certain legal and ethical responsibilities consisting with the use of its server and equipment involved in these services.

HostGrape general policy is to act as a provider of Internet presence, Hosting Products and Services. HostGrape reserves the right to suspend or cancel a customer's access to any or all services provided by HostGrape when we decide that the account has been inappropriately used.

Credit Card Charges

HostGrape is a branded site of "Mindful Alliance Partners" Any credit card charges will appear on the Customer monthly statement from the credit card company as "Mindful Alliance".

Server Abuse

Any attempt to undermine or cause harm to a server, or customer, of HostGrape is strictly prohibited.

Unauthorized use of other people's accounts or computers HostGrape will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.

Any unauthorized use of accounts or computers by a HostGrape customer, whether or not the attacked account or computer belongs to HostGrape, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

IMPORTANT NOTE - HostGrape has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.

Unacceptable uses include, but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by HostGrape to be unacceptable use of HostGrape's services including abuse of server resources.

Hosting accounts may be terminated that include the following content or which have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual Displaying material containing obscene nudity or pornographic material. Displaying material that exploits children under 18 years of age Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities

To maintain the integrity of our shared hosting service the following limitations apply:

No sites using more than 30% of system resources for longer than 60 seconds shall be permitted. Sites running multimedia files (QuickTime, Real Audio, Real Video, MP3).

Bandwidth and Disk Space Usage Overage Charges

To help ensure that there are no unexpected costs, HostGrape accounts are not permitted to exceed the bandwidth (monthly transfer) and disk space allocated to their specific plans. If it your needs grow you may upgrade to a higher plan through the billing interface. If you are already at the highest available plan and need more, contact upgrade@hostgrape.com to arrange for a special plan.

Unsolicited Email (Spam)

Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation.

HostGrape takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers.

The following activities are not allowed:
Unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain. Forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing"). Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such. Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.

Note: If you use the services of another provider to promote a web site hosted by or through HostGrape (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers.

CGI, Executable Applications And Other Scripts

Each web hosting account comes with its own cgi-bin and the opportunity to install / use various other executable applications and scripts. You are free to use any CGI, executable applications and scripts you wish, however we reserve the right to disable ny or all of them that affects normal shared server operation or violates other site policies without prior warning.

Chat Rooms

We do not allow clients to install their own chat rooms within a hosting account, without approving it with the HostGrape Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others. Note: Parachat chat rooms do not apply to this rule. They are perfectly fine to install.

Abuse of SMTP Mail Server

We do not allow clients to send more than 2000 pieces of e-mail per day from a hosting account. If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 2000 per day your account will be moved to a special server that is specifically designed to handle high volumes of e-mail. You will be charged $125.00 / month in addition to your regular hosting charges if your account is moved to this server. Please contact noc@HostGrape.com to have your domain moved.

Background Running Programs

We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

IRC - (Internet Relay Chat)

We currently do not allow IRC or IRC bots to be operated on our servers. IRC servers are not permitted on our network.

Payment Policies

All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts as indicated in the plans page and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. HostGrape reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies HostGrape at cancel_account@HostGrape.com to request for termination of services. All payment is in U.S. currency. HostGrape will bill each client $50 per returned check, per wire transfer received and per credit card chargeback received. All HostGrape accounts are setup on anniversary billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle.

Cancellation

HostGrape reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by HostGrape if HostGrape institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)

All of HostGrape's web hosting plans are backed by a 15 day money back guarantee. If you are not completely satisfied with our services or support within the first 15 days of your contract, you will be given a full refund of the contract amount excluding setup fees, domain registration fees, addon/upgrade fees and overages. Setup fees are refundable only if the account order is canceled prior to account activation. For all web hosting clients who cancel, the full contract amount less any setup fees and overages will be refunded if HostGrape is notified within the first 15 days following activation. No refund is available after the 15th day. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, domain registration fees etc. Due to security concerns, all account cancellations must be done via our Help Desk ticketing system at HostGrape.com. Phone or email requests will not constitute acceptance of any cancellation. Refunds will be made by company check or issued back to your credit card within 30 days of receipt of cancellation.

Intellectual Property Rights

Material accessible to you through HostGrape's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use HostGrape or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the HostGrape network. If you use a domain name in connection with HostGrape or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security

Customers may not use the HostGrape network with an 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 the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. HostGrape will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Electronic Commerce

You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom.

You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.

Static / Dynamic Content Caching

You expressly (i) grant to HostGrape a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by HostGrape under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

IP Address Ownership

HostGrape shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by HostGrape and HostGrape reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

Domain Name Registration

Customer agrees to pay HostGrape prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the HostGrape price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if Customer's domain name registration is suspended, cancelled or transferred prior to the end of Customer's then current registration term. HostGrape reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer's requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed Customer's registration in an email from HostGrape to the email address indicated in Customer's registration application. In the event of a chargeback by a credit card company (or similar action! by another payment provider allowed by HostGrape) in connection with the payments of the registration fee for Customer's domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to HostGrape as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. HostGrape will reinstate Customer's domain name registration solely at HostGrape's discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

Lawful Purpose

HostGrape reserves the right to refuse service to anyone. Customers may only use HostGrape server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of HostGrape management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in Hennepin County, Minnesota, and any dispute will be litigated or arbitrated in Hennepin County, Minnesota. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Hennepin County courts. IN NO EVENT SHALL HOSTGRAPE'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.

Indemnification

CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD HostGrape HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST HostGrape, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLO YEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS HostGrape AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH HostGrape'S SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY
INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM HostGrape'S SERVER.

Disclaimer

HostGrape WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU, YOUR ORGANIZATION OR YOUR BUSINESS MAY SUFFER. HostGrape MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. HostGrape DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY HostGrape AND ITS EMPLOYEES. HostGrape RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF HostGrape MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.

Privacy Statement

HostGrape follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully. Please read our privacy statement posted on the left side of our home page at www.hostgrape.com.