Privacy Policy

HostPortal.com has created this privacy statement in order to demonstrate our firm commitment to privacy within our interactive products and services. The following discloses our information gathering and dissemination practices:

This privacy policy applies to www.HostPortal.com.

Our inquiry form(s) requires users to give us contact information (like name, address, company name, phone number and email address); and demographic information (like their Zip Code and Country).

The customer's contact information is used to contact the visitor when necessary. HostPortal.com may also occasionally use customer's contact information to send users notices, promotional materials and newsletters. Our site uses User ID and Passwords from customers who request services. Contact information is used to verify the customer's identity.

Security:
This site has security measures in place to protect the loss, misuse and alteration of the information under our control.

Choice Opt-In/Opt-Out:
Our site provides users the opportunity to choose whether to be included in, or removed from our database and mailing list.

Contacting the Web Site:
If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, please write to:

HostPortal Inc., 591 West Hamilton Avenue Suite 210 , Campbell , CA 95008 , info@hostportal.com.

Disclosure of customer information and communications:

HOSTPORTAL will not otherwise disclose its customers' personal and account information unless HOSTPORTAL has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of HOSTPORTAL, HostPortal’s customers, or others, or where HOSTPORTAL has a good faith belief that the law requires such disclosure.
HOSTPORTAL also will not, except for reasons stated below, disclose to third parties the contents of any electronic mail or other electronic communications that HOSTPORTAL stores or transmits for its customers. The circumstances under which HOSTPORTAL will disclose such electronic customer communications are when:

1. it is necessary in order to provide service to the customer;
2. it is necessary to protect the legitimate interests of HOSTPORTAL and its customers;
3. it is required to cooperate with interception orders, warrants, or other legal process that HOSTPORTAL determines in its sole discretion to be valid and enforceable; and
4. it is necessary to provide to a law enforcement agency when the contents are inadvertently obtained by HOSTPORTAL and appear to pertain to the commission of a crime.

HOSTPORTAL disclaims any intention to censor, edit or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by customers or others. HOSTPORTAL will, however, review, delete or block access to communications that may harm HOSTPORTAL, its customers or third parties. The grounds on which HOSTPORTAL may take such action include, but are not limited to, actual or potential violations of HostPortal’s Acceptable Use Policy.

Terms of Services - Acceptable Use Policy

As a provider of Internet access, Web site hosting, and other Internet-related services, HostPortal offers its customers (also known as subscribers), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. HostPortal respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, HostPortal reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, HostPortal has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing HostPortal’s services. This AUP will be revised from time to time. A customer's use of HostPortal’s services after changes to the AUP are posted on HostPortal’s web site, www.HostPortal.com, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that HostPortal cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because HostPortal cannot monitor or censor the Internet, and will not attempt to do so, HostPortal cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

When subscribers disseminate information through the Internet, they also must keep in mind that HostPortal does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over HostPortal’s network and may reach a large number of people, including both subscribers and nonsubscribers of HostPortal, subscribers' postings to the Internet may affect other subscribers and may harm HostPortal’s goodwill, business reputation, and operations. For these reasons, subscribers violate HostPortal policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

Spamming: Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward HostPortal, but also because it can overload HostPortal’s network and disrupt service to HostPortal subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, HostPortal has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.

Intellectual Property Violations: Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. HostPortal is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also HostPortal’s policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Obscene Speech or Materials: Using HostPortal’s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. HostPortal is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through HostPortal’s network.
Defamatory or Abusive Language -- Using HostPortal’s network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

Forging of Headers: Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks: Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities: Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.

Facilitating a Violation of this AUP: Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
Export Control Violations -- Exporting encryption software over the Internet or otherwise, to points outside the United States .

Usenet Groups: HostPortal reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities: Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
Other Activities -- Engaging in activities, whether lawful or unlawful, that HostPortal determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. HostPortal will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with HostPortal policy or applicable law. When HostPortal becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.

HostPortal also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching HostPortal’s facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. HostPortal does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. HostPortal has the right to directly take action against a customer of a subscriber. Also, HostPortal may take action against the HostPortal subscriber because of activities of a customer of the subscriber, even though the action may effect other customers of the subscriber. Similarly, HostPortal anticipates that subscribers who offer Internet services will cooperate with HostPortal in any corrective or preventive action that HostPortal deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of HostPortal policy.

HostPortal also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, HostPortal urges its subscribers to assume that all of their on-line communications are insecure. HostPortal cannot take any responsibility for the security of information transmitted over HostPortal’s facilities.

HostPortal will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. HostPortal may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, HostPortal may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. HostPortal assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, HostPortal may disclose subscriber information or information transmitted over its network where necessary to protect HostPortal and others from harm, or where such disclosure is necessary to the proper operation of the system.

HostPortal expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate HostPortal policy. Finally, HostPortal wishes to emphasize that in signing the service agreement, subscribers indemnify HostPortal for any violation of the service agreement, law, or HostPortal policy, that results in loss to HostPortal or the bringing of any claim against HostPortal by any third-party. This means that if HostPortal is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against HostPortal, plus costs and reasonable attorneys' fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including HostPortal and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to abuse@HostPortal.com .