Heroes.com Terms of Service

1. Your Acceptance

  1. By using or visiting the Heroes.com website or any Heroes.com products, software, data feeds, and services provided to you on, from, or through the Heroes.com website (collectively the “Service”) you signify your agreement to (1) these terms and conditions (the “Terms of Service”), (2) Heroes.com’s Privacy Policy, found at https://Heroes.com/privacy and incorporated herein by reference, and (3) Heroes.com’s Content Guidelines, found at https://Heroes.com/content-guidelines and also incorporated herein by reference. If you do not agree to any of these terms, the Heroes.com Privacy Policy, or the Content Guidelines, please do not use the Service.
  2. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version https://Heroes.com/terms). Heroes.com may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits. 

2. Service

  1. These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of Heroes.com, including but not limited to all products, software and services offered via the Heroes.com website.
  2. The Service may contain links to third party websites that are not owned or controlled by Heroes.com. Heroes.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Heroes.com will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Heroes.com from any and all liability arising from your use of any third-party website.
  3. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit. 

3. Heroes.com Accounts

  1. In order to access some features of the Service, you will have to create a Heroes.com Account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Heroes.com immediately of any breach of security or unauthorized use of your account.
  2. Although Heroes.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Heroes.com or others due to such unauthorized use.

4. General Use of the Service—Permissions and Restrictions

Heroes.com hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:

  1. You agree to adhere to the Heroes.com Acceptable Use Policy found at https://heroes.com/acceptable-use-policy
  2. You agree not to distribute in any medium any part of the Service or the Content without Heroes.com’s prior written authorization, unless Heroes.com makes available the means for such distribution through functionality offered by the Service.
  3. You agree not to alter or modify any part of the Service.
  4. You agree not to access Content through any technology or means other than the pages of the Service itself or other explicitly authorized means Heroes.com may designate.
  5. You agree not to use the Service for any of the following commercial uses unless you obtain Heroes.com’s prior written approval:
    • the sale of access to the Service;
    • the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
    • the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from Heroes.com appears on the same page and is of sufficient value to be the basis for such sales.
  6. Prohibited commercial uses do not include:
    • uploading your own content to Heroes.com to promote your business or artistic enterprise;
    • any use that Heroes.com expressly authorizes in writing.
  7. (For more information about what constitutes a prohibited commercial see the Heroes.com Acceptable Use Policy found at https://heroes.com/acceptable-use-policy.)
  8. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the Heroes.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Heroes.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Heroes.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
  9. In your use of the Service, you will comply with all applicable laws.
  10. com reserves the right to discontinue any aspect of the Service at any time.

5. Your Use of Content

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.

  1. The Content on the Service, and the trademarks, service marks and logos (“Marks”) on the Service, are owned by or licensed to Heroes.com, subject to copyright and other intellectual property rights under the law.
  2. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by Heroes.com on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Heroes.com or the respective licensors of the Content. Heroes.com and its licensors reserve all rights not expressly granted in and to the Service and the Content.
  3. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
  4. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Heroes.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Heroes.com with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Heroes.com, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.

 6. Your Content and Conduct

  1. As a Heroes.com account holder you may submit Content to the Service, including text, images, videos and user comments. You understand that Heroes.com does not guarantee any confidentiality with respect to any Content you submit.
  2. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Heroes.com all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
  3. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Heroes.com, you hereby grant Heroes.com a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Heroes.com’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in text, image, and video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your content from the Service. You understand and agree, however, that Heroes.com may retain, but not display, distribute, or perform, server copies of your content that has been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
  4. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Heroes.com all of the license rights granted herein.
  5. You further agree that you will not submit to the Service any Content or other material that is contrary to the Heroes.com Content Guidelines, currently found at https://Heroes.com/content-guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
  6. com does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Heroes.com expressly disclaims any and all liability in connection with Content. Heroes.com does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Heroes.com will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Heroes.com reserves the right to remove Content without prior notice.

7. Account Termination Policy

  1. com will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to be in violation of these Terms of Service and/or aforementioned Content guidelines (https://Heroes.com/content-guidelines).
  2. com reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or hateful or divisive content. Heroes.com may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these Terms of Service.
  3. com will not provide any refunds of any kind for accounts that are terminated due to violation of these Terms of Service.

8. Digital Millennium Copyright Act

  1. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
    • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
    • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may direct copyright infringement notifications to our DMCA Agent at 901 Cherry Ave., San Bruno, CA 94066, email: copyright@Heroes.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Heroes.com customer service by sending an email to support@heroes.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

  1. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
    • Your physical or electronic signature;
    • Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
    • A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
    • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Cincinnati, Ohio, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Heroes.com may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Heroes.com’s sole discretion.

9. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HEROES.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. HEROES.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. HEROES.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HEROES.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

10. Limitation of Liability

IN NO EVENT SHALL HEROES.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT HEROES.COM SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by Heroes.com from its facilities in the United States of America. Heroes.com makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

11. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Heroes.com, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

12. Ability to Accept Terms of Service

You affirm that you are either more than 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. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

13. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Heroes.com without restriction.

14. General

You agree that: (i) the Service shall be deemed solely based in Ohio; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Heroes.com, either specific or general, in jurisdictions other than Ohio. These Terms of Service shall be governed by the internal substantive laws of the State of Ohio, without respect to its conflict of laws principles. Any claim or dispute between you and Heroes.com that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Hamilton County, Ohio. These Terms of Service, together with the Privacy Notice at https://Heroes.com/privacy and any other legal notices published by Heroes.com on the Service, shall constitute the entire agreement between you and Heroes.com concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Heroes.com’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Heroes.com reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND HEROES.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Heroes.com Content Guidelines

You might not like everything you see on Heroes.com. If you think content is inappropriate, contact us at support@heroes.com to submit it for review by our staff. Our staff will review the content to determine if it is in violation of these Content Guidelines.

Here are some common-sense rules that’ll help you steer clear of trouble. Please take these rules seriously and take them to heart. Don’t try to look for loopholes or try to lawyer your way around the guidelines—just understand them and try to respect the spirit in which they were created.

Nudity or sexual content

Heroes.com is not for pornography or sexually explicit content. If this describes your content don’t post it on Heroes.com. Also, be advised that we work closely with law enforcement and we report child exploitation.

Harmful or dangerous content

Don’t post content that encourage others to do things that might cause them to get badly hurt, especially kids. Content showing such harmful or dangerous acts may get removed depending on their severity.

Hateful content or people

Our product is a platform for free expression. But we don’t support content that promotes or condones violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, veteran status, or sexual orientation/gender identity, or whose primary purpose is inciting hatred on the basis of these core characteristics or sites dedicated to people who support or promote this type of content. This can be a delicate balancing act, but if the primary purpose is to attack a protected group, the content crosses the line.

Violent or graphic content

It’s not okay to post violent or gory content that’s primarily intended to be shocking, sensational, or gratuitous. If posting graphic content in a news or documentary context, please be mindful to provide enough information to help people understand what’s going on in the video. Don’t encourage others to commit specific acts of violence.

Harassment and cyberbullying

It’s not ok to post abusive content and comments on Heroes.com. If harassment crosses the line into a malicious attack it can be reported and may be removed. In other cases, users may be mildly annoying or petty and should be ignored.

Spam and scams

Everyone hates spam. Don’t create misleading content. It’s not okay to use Heroes.com mail services to send untargeted, unwanted or repetitive content, including comments and private messages.

Threats

Things like predatory behavior, stalking, threats, harassment, intimidation, invading privacy, revealing other people’s personal information, and inciting others to commit violent acts or to violate the Terms of Use are taken very seriously. Anyone caught doing these things may be permanently banned from Heroes.com.

Copyright

Respect copyright. Only upload content that you made or that you’re authorized to use. This means don’t upload content you didn’t make or use content in your sites that someone else owns the copyright to, such as images or videos made by other users, without necessary authorizations. Visit our Copyright Center for more information.

Privacy

If someone has posted your personal information or uploaded a video of you without your consent, you can request removal of content based on our Privacy Guidelines.

Child endangerment

Learn what to do if you encounter inappropriate content. Also, be advised that we work closely with law enforcement and we report child exploitation.

Acceptable Use Policy

This Acceptable Use Policy (“AUP”) governs your use of the Services and is incorporated by reference into Heroes.com’s Terms of Service. Unless otherwise stated, defined terms in this AUP have the meanings provided in the Terms of Service. Heroes.com may modify this AUP at any time without notice.

The Services provided by HeroesHosting, LLC. (Heroes.com) may only be used for lawful purposes. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services.

The Services provided by Heroes.com may only be used for any commercial purposes whatsoever and may not engage in electronic commerce of any type unless specifically authorized by Heroes.com in writing and related only to accepting charitable donations to a currently registered charitable organization operating in the United States of America under 501(c)(3) regulation.

Heroes.com reserves the right to refuse service to anyone. Any material that in our judgment violates this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to an email from our abuse department within the specified time period in

  1. Prohibited Uses
    1. Infringement of Intellectual Property Rights.
      1. Use of the Services to infringe upon another party’s intellectual property rights is prohibited. This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. Any account found to be infringing on the intellectual property rights of others will be expeditiously removed or access to the material will be disabled and the related account and web site will be terminated.
      2. If you believe that your intellectual property rights are being infringed upon, please email support@Heroes.com. For copyright infringement claims, Heroes.com follows the Digital Millennium Copyright Act (“DMCA”) notice and takedown procedures. A list of the information required to submit a sufficient copyright infringement claim can be found here.
  2. Unacceptable Material
    1. No software or plugins may be installed on any hosted web site or in the Heroes.com hosting service with the exception of authorized WordPress plugins listed in our authorized plugin page and only then within a service tier that allows the site owner to install WordPress plugins as part of their service level. Unauthorized plugins will be removed and can result in account termination.
    2. Unacceptable material on our servers include without limitation:
      • Topsites
      • IRC Scripts/Bots
      • IRCD (irc servers)
      • Proxy Scripts/Anonymizers
      • Image Hosting Scripts (similar to Photobucket or Tinypic)
      • AutoSurf/PTC/PTS/PPC sites
      • IP Scanners
      • Bruteforce Programs/Scripts/Applications
      • Mail Bombers/Spam Scripts
      • Banner-Ad services (commercial banner ad rotation)
      • File Dump/Mirror Scripts (similar to rapidshare)
      • Commercial Audio Streaming (more than one or two streams)
      • Escrow/Bank Debentures
      • High-Yield Interest Programs (HYIP) or Related Sites
      • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
      • Sale or distribution of any controlled substance without prior proof of appropriate permit(s)
      • Prime Banks Programs
      • Lottery/Gambling Sites
      • MUDs/RPGs/PBBGs
      • Hacker focused sites/archives/programs
      • Sites promoting illegal activities
      • Forums and/or websites that distribute or link to warez/pirated/illegal content
      • Bank Debentures/Bank Debenture Trading Programs
      • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
      • Mailer Pro
      • Push button mail scripts
      • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
      • Tell A Friend Scripts
      • Anonymous or Bulk SMS Gateways
      • Bitcoin Miners
      • PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate progams, etc)
    1. Child Pornography Prohibited.

Content that is potentially harmful to minors, as determined in Heroes.com’s sole discretion, is strictly forbidden, including but not limited to, child pornography or content perceived to be child pornography. Any website found to host child pornography or linking to child pornography will be suspended immediately without notice and appropriate law enforcement agencies will be alerted.

    1. Other Prohibited Content.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our Terms of Service or this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice.

  1. Unacceptable Resource Usage
    1. You may not:
      1. Use twenty-five percent (25%) or more of our system resources for longer than ninety (90) seconds at a time. Activities that could cause this excessive use, include but are not limited to: CGI scripts, FTP, PHP, HTTP, etc.
      2. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
      3. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
      4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
      5. Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
      6. Participate in any file-sharing/peer-to-peer activities
      7. Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
      8. Run cron entries with intervals of less than fifteen (15) minutes.
      9. Run any MySQL queries longer than fifteen (15) seconds. MySQL tables should be indexed appropriately.
      10. Include the URL when using PHP include functions for including a local file. Instead of including ‘http://yourdomain.com/include.php’, use ‘include.php’ or ‘/home/username/public_html/include.php’.
      11. Force html to handle server-side code (like php and shtml) to help reduce usage.
      12. Use https protocol unless it is necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
    1. INODES.

The use of more than two hundred and fifty thousand (250,000) inodes on any shared or reseller account may result in a warning, and if no action is taken to reduce the excessive use of inodes, your account may be suspended. If an account exceeds one hundred thousand (100,000) inodes it will be automatically removed from our backup system to avoid over-usage, however, databases will still be backed up as a courtesy in our sole discretion. Every file (i.e. a webpage, image file, email, etc.) on your account uses up one (1) inode.

User accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes is typically due to Users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past an acceptable amount of inodes. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: “:fail: No such user here”.

  1. Zero Tolerance Spam Policy
    1. We take a zero-tolerance stance against the sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists,” purchased lists, and selling of lists will be treated as spam. We may terminate the account of any User who sends out spam with or without notice.
    2. Websites advertised via spam (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to, spam sent via fax, phone, postal mail, email, instant messaging, or usenet /newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any User account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
    3. Heroes.com reserves the right to require changes or disable as necessary, any website, account, database, or other component that does not comply with our policies, or to make any such modifications in an emergency that we deem necessary at our sole discretion.
    4. Heroes.com reserves the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee or any charges incurred for blacklist removal at our sole discretion.
  2. Defamation Policy

Websites hosted on Heroes.com’s servers in the U.S. are regulated by U.S. law. Accordingly, pursuant to Section 230(c) of the Communications Decency Act, Heroes.com’s policy is not to remove allegedly defamatory material from websites hosted on our servers unless the material has been found to be defamatory by a court, as evidenced by a court order. As a webhost, Heroes.com is not a publisher of User content and we are not in a position to investigate the veracity of individual defamation claims. We rely on the legal system and the courts to determine whether or not material is indeed defamatory. In any case in which a court order indicates that material is defamatory, libelous, or slanderous in nature, we will disable access to the material. Similarly, in any case in which a U.S. court has placed an injunction against specified content or material being made available, we will comply and remove or disable access to the material in question.

  1. AUP Violations
    1. Direct customers.

Your Services may be terminated with or without notice upon any violation of this AUP. If applicable, violations will be reported to the appropriate law enforcement agency.

    1. A failure to respond to an email from our abuse department within forty-eight (48) hours, or as otherwise specified in the email, may result in the suspension or termination of your Services. All abuse issues must be dealt with via trouble ticket/email and will receive a response within forty-eight (48) hours.
    2. If you feel you have discovered a violation of our AUP please report it to: support@Heroes.com.