Client Site Terms and Conditions

Terms and Definitions

“The Website” refers to any website, web property, domain name, or hosted content that is:

1. actively hosted, maintained, managed, and controlled by Hostphyl, and
2. has these Terms and conditions linked to the said website or web property.

“The Website Owner”, “Client”, “Customer” refers to any individual, business, or other entity associated with The Website that employs Hostphyl to build, host, support, manage and maintain The Website on their behalf.

• “User” and “Users” includes human users and non-human, automated systems like bots, content scrapers, web crawlers, etc.
• “You”, “Your”, “User”, “Users” refers to the person or entity that owns The Website and has contracted Hostphyl to manage, maintain, and support The Website.

Document Validity

This document is only valid on our client's website and any web property that the client has contracted with Hostphyl to operate on their behalf. This document does not apply to Hostphyl-owned websites or any other web properties that Hostphyl does not directly own or operate.

By accessing or using The Website, you agree to comply with and be bound by all sections of these Terms and Conditions to the fullest extent enforceable by law. If you do not agree to these terms, do not use The Website.

Company Information

Hostphyl is a web design and technology company dedicated to creating exceptional user experiences. We build, support, manage, and maintain websites and other digital spaces for businesses, individuals, and nonprofits in both B2B (Business to Business) and B2C (Business to Consumer) contexts.

Content Ownership

The Website Owner owns all content and/or holds licenses and/or possesses rights for exclusive and/or non-exclusive use of various content on The Website and provides permission and/or a license to Hostphyl to use the content exclusively on The Website on behalf of the The Website Owner.

By providing Hostphyl access to the content, The Website Owner declares that they own the content or have secured the relevant licenses and rights to use the content. Hostphyl strictly prohibits the use of content that we or The Website Owner does not own or hold license or rights to use on The Website.

User Conduct

Users are expected to behave respectfully and refrain from any negative behavior, including but not limited to harassment, discrimination, digital attacks such as DDoS (Distributed Denial of Service) attacks, and any other activities that may harm other users or disrupt the functioning of Hostphyl web properties. Hostphyl reserves the right to block access to the site and its services based on offenses included in, but not limited to, this section.

AI, Content Scrapers, and Web Crawlers

Hostphyl reserves the right to allow or block any and all content crawling and scraping on The Website on behalf of the client, at the client's request, or at its own discretion.

Generally, Hostphyl welcomes all legitimate crawlers, content scrapers, and AI data-gathering efforts, both human and automated.

However, all are required to adhere to the following rules:

1. Access Control Compliance

• They MUST obey any and all robots.txt, .htaccess, and similar files designed to control access to different areas of a website.
• They MUST respect any rate limiting, access control, or authentication mechanisms implemented by Hostphyl.
• They MUST immediately cease operations if blocked or requested to do so by Hostphyl.

2. Prohibited Malicious Activities and Impersonation

• Any crawler that engages in malicious activities, including but not limited to DDoS attempts, brute force attacks, or vulnerability scanning, is strictly prohibited.
• Impersonating legitimate crawlers (such as Googlebot, Bingbot, or other known service crawlers) through User-Agent spoofing or other means is expressly forbidden.
• Attempts to circumvent security measures through IP rotation, proxy networks, or other evasion techniques will be considered a violation of these terms.
• Crawlers must not engage in activities designed to gather sensitive information, exploit vulnerabilities, or compromise system security.
• Any attempt to mask or obscure the true identity or purpose of the crawler is prohibited.

3. Rate Limiting and Server Load

• Crawlers MUST maintain reasonable request rates that do not adversely affect site performance or user experience.
• Hostphyl monitors server load and user experience metrics, and may take action against any crawler whose activity negatively impacts these metrics.
• Crawlers must be designed to gracefully handle server responses indicating high load or temporary unavailability.
• Hostphyl reserves the right to implement rate limiting or access restrictions at any time based on server load and performance requirements.

4. Identification and Transparency

• All automated crawlers MUST identify themselves through proper User-Agent strings.
• Crawlers MUST provide valid contact information in their User-Agent string or through appropriate HTTP headers.

5. Content Usage and Attribution

• All content on The Website is either owned or licensed for exclusive or non-exclusive use by The Website Owner and give Hostphyl permission or license to use the content on The Website on behalf of The Website Owner, as detailed in our Content Ownership section
• Unauthorized use of any content on client web properties is strictly prohibited and may result in legal action by the client or Hostphyl or both.
• You must obtain explicit written permission from The Website Owner before using any and all content on The Webite.
• Any reproduction, distribution, or use of content must follow The Website Owner's terms for using the content.
• Content must not be modified, misrepresented, or used in any way that could damage the client's reputation or brand.

6. Privacy and Data Protection

• The collection of personal data through crawling or scraping activities is strictly forbidden.
• Crawlers must not attempt to circumvent any privacy protection measures.
• Crawlers must not attempt to access non-public areas of the website.
• Any inadvertently collected personal data must be immediately deleted and reported to Hostphyl. See our Responsible Disclosure Policy

7. Commercial Usage and Agreements

• While Hostphyl reserves the right to block or rate limit any web crawler, scraper, or automated system, entities may enter into written agreements and contracts jointly with Hostphyl and the client to ensure uninterrupted access and specified rate limits for their legitimate crawling activities.
• Such agreements may include terms for guaranteed access levels, dedicated resources, and specific usage parameters.
• Contact Hostphyl directly to discuss commercial access agreements.

8. Compliance and Enforcement

• Hostphyl reserves the right to block any crawler that violates these terms.
• Violations may result in various types of access restrictions, including but not limited to:
  • IP address bans
  • Regional blocking
  • Geolocation-based restrictions
  • User-Agent blocking
  • Network-level bans
• Hostphyl may modify these terms at any time with or without notice.

9. Liability and Indemnification

• Operators of crawlers agree to indemnify Hostphyl and The Website Owner against any damages resulting from their crawling activities.
• Crawler operators are responsible for any costs incurred by Hostphyl and/or our client due to excessive server load or system disruption.

Hostphyl maintains the right to modify these rules at any time and may revoke access to any crawler, scraper, or AI system on behalf of the client, at the client's request, or at its own discretion. Failure to comply with these rules may result in immediate termination of access and potential legal action.

Termination of Service

Hostphyl and The Website Owner reserve the right to terminate access to The Website for any user who violates these Terms and Conditions.

Limitation of Liability

Hostphyl and the client shall not be held liable for any direct, indirect, incidental, special, or consequential damages resulting from the use of The Website and any other web properties actively hosted, maintained, managed, and controlled by Hostphyl on behalf of its clients. The client may provide their own written liability agreement, in which case will override this section and be binding in accordance with applicable law.

Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of Washington, USA, to the extent that the law allows. Any disputes arising out of or related to these terms will be resolved in the courts of Washington, USA.

Changes to Terms and Conditions

Hostphyl reserves the right to modify these Terms and Conditions at any time, with or without notice. Your continued use of The Website and web properties actively hosted, maintained, managed, and controlled by Hostphyl on behalf of its clients after any changes are made constitutes your acceptance of the new terms.