HOSTING AND WEB DESIGN TERMS OF SERVICE
The use of services from Anne Rogers Web Design & Hosting, [hereafter referred to as "ARWD&H"] constitutes agreement to these terms.
1.) Account Setup / Email on file
We will setup your account after we have received payment directly from you (and these payments are "cleared") and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account.
Transfers
If you have an existing site, and require help moving it to our servers, we will make every effort to help you move your site to us, however, we cannot make guarantees of the transfer process. We provide this as a courtesy service and cannot make guarantees regarding its availability or the amount of time it may take as each host is configured a little differently. We will try our best, however, in some cases we may be unable to assist you in a transfer of data from an old host.
2.) Content
All services provided by ARWD&H may only be used for lawful purposes. The laws of the State of Florida, the State of Texas, and the United States of America apply, as do the laws of Australia and South Australia. Additionally you should be aware of and abide by the laws for the country you live and operate in, they affect you too.
The customer agrees to indemnify and hold harmless ARWD&H from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email with abuse in the subject box with the information required. If the request is of a licensing issue, we may require further documentation.
Examples of unacceptable material include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, ".img" / image hosting only sites that do not host an actual domain name, Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities or terrorist activities. Your services will be terminated with or without notice.We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via email and will have a response within 48 hours.If in doubt regarding the acceptability of your site or service, please contact us at ARWD&H and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.Your services will be terminated with or without notice.Violations will be reported to the appropriate law enforcement agency.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. Any user who sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO http://www.spamhaus.org/rokso/index.lasso may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
ARWD&H reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
ARWD&H reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of ARWD&H.
4.) Payment Information
You agree to supply appropriate payment for the services received from ARWD&H, in advance of the time period during which such services are provided. You agree that until and unless you notify ARWD&H of your desire to cancel any or all services received, those services will be billed on a recurring basis. Cancellations must be done in writing via email with cancellation in the subject box.Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal.
Refunds
Hosting accounts may receive a refund if cancelled before the end of 30 days. Web design fees are non refundable. Setup fees are non refundable. Domain names can not be cancelled or refunded once registered.
Late Payment
Any account whose payment status is not current as of the start of the next billing period is deemed late. Generally, customers are given a 10 day grace period after which the account is put on suspension.
You will receive a payment reminder 2 weeks from the start of your payment due date. If after 30 days payment has not been received or we have not been contacted regarding payment, you will receive a final notice reminder. If after another 7 days you still have not paid the account your account will be terminated without any further notice. Reactivation of closed accounts due to delinquency incurs a $15 reactivation fee as well as payment of the balance due in full.
ARWD&H reserves the right to change service fees and any other charges at anytime without prior notice.
5.) Backups and Data Loss
Your use of the service is at your sole risk. ARWD&H is not responsible for files and/or data loss residing on your account. Although all possible measures will be taken to backup your data.
6.) Cancellations and Refunds
ARWD&H reserves the right to cancel the account at any time with or without notice.Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
ARWD&H do not give refunds on accounts, administrative fees, install fees for custom software, or domain name purchases. Your account will remain active for the period of your term. You can request that we remove your account from the server at no additional cost to you, after this has been done, no access will be possible.
7.) Resource Usage
User may not: a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed. c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. d) Run any software that interfaces with an IRC (Internet Relay Chat) network. e) Run any bit torrent application, tracker, or client.f) Participate in any file-sharing/peer-to-peer activitiesg) Run any gaming servers such as counter-strike, half-life, battlefield 1492, etch) Run cron entries with intervals of less than 15 minutes
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
9.) Uptime Guarantee
If your site has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of ARWD&H dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services. To request a credit, please contact ARWD&H with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.
10.) ARWD&H Responsibility
ARWD&H is responsible for supporting their clients. ARWD&H is also responsible for all content stored or transmitted.
11.) Dedicated Servers
ARWD&H reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our data center. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. ARWD&H reserves the right to audit servers as needed and to perform administrative actions at the request of our data center.
12.) Price Change
Prices may change, due to local/global exchange rates and local tax rate changes, We reserve the right to change prices listed on ARWD&H, and the right to increase the amount of resources given to plans and the plans at any time.
13.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold ARWD&H harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against ARWD&H, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless ARWD&H against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with ARWD&H; (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 customers from ARWD&H's servers.
14.) Arbitration
By using any ARWD&H services, you agree to binding arbitration. If any disputes or claims arise against ARWD&H's or its subsidiaries, such disputes will be handled by an arbitrator of ARWD&H's choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.
15.) Disclaimer
ARWD&H shall not be responsible for any damages your business may suffer. ARWD&H makes no warranties of any kind, expressed or implied for services we provide. ARWD&H disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by ARWD&H and its employees.
16.) Disclosure to law enforcement
ARWD&H may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.We will cooperate fully with law enforcement agencies.
17.) Changes to the TOS
ARWD&H reserves the right to revise its policies at any time without notice.
ARWD&H Terms of Service Version: 1.1
Last Edited: 29/8/2007
1.) Account Setup / Email on file
We will setup your account after we have received payment directly from you (and these payments are "cleared") and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account.
Transfers
If you have an existing site, and require help moving it to our servers, we will make every effort to help you move your site to us, however, we cannot make guarantees of the transfer process. We provide this as a courtesy service and cannot make guarantees regarding its availability or the amount of time it may take as each host is configured a little differently. We will try our best, however, in some cases we may be unable to assist you in a transfer of data from an old host.
2.) Content
All services provided by ARWD&H may only be used for lawful purposes. The laws of the State of Florida, the State of Texas, and the United States of America apply, as do the laws of Australia and South Australia. Additionally you should be aware of and abide by the laws for the country you live and operate in, they affect you too.
The customer agrees to indemnify and hold harmless ARWD&H from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email with abuse in the subject box with the information required. If the request is of a licensing issue, we may require further documentation.
Examples of unacceptable material include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, ".img" / image hosting only sites that do not host an actual domain name, Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities or terrorist activities. Your services will be terminated with or without notice.We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via email and will have a response within 48 hours.If in doubt regarding the acceptability of your site or service, please contact us at ARWD&H and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.Your services will be terminated with or without notice.Violations will be reported to the appropriate law enforcement agency.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. Any user who sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO http://www.spamhaus.org/rokso/index.lasso may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
ARWD&H reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
ARWD&H reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of ARWD&H.
4.) Payment Information
You agree to supply appropriate payment for the services received from ARWD&H, in advance of the time period during which such services are provided. You agree that until and unless you notify ARWD&H of your desire to cancel any or all services received, those services will be billed on a recurring basis. Cancellations must be done in writing via email with cancellation in the subject box.Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal.
Refunds
Hosting accounts may receive a refund if cancelled before the end of 30 days. Web design fees are non refundable. Setup fees are non refundable. Domain names can not be cancelled or refunded once registered.
Late Payment
Any account whose payment status is not current as of the start of the next billing period is deemed late. Generally, customers are given a 10 day grace period after which the account is put on suspension.
You will receive a payment reminder 2 weeks from the start of your payment due date. If after 30 days payment has not been received or we have not been contacted regarding payment, you will receive a final notice reminder. If after another 7 days you still have not paid the account your account will be terminated without any further notice. Reactivation of closed accounts due to delinquency incurs a $15 reactivation fee as well as payment of the balance due in full.
ARWD&H reserves the right to change service fees and any other charges at anytime without prior notice.
5.) Backups and Data Loss
Your use of the service is at your sole risk. ARWD&H is not responsible for files and/or data loss residing on your account. Although all possible measures will be taken to backup your data.
6.) Cancellations and Refunds
ARWD&H reserves the right to cancel the account at any time with or without notice.Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
ARWD&H do not give refunds on accounts, administrative fees, install fees for custom software, or domain name purchases. Your account will remain active for the period of your term. You can request that we remove your account from the server at no additional cost to you, after this has been done, no access will be possible.
7.) Resource Usage
User may not: a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed. c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. d) Run any software that interfaces with an IRC (Internet Relay Chat) network. e) Run any bit torrent application, tracker, or client.f) Participate in any file-sharing/peer-to-peer activitiesg) Run any gaming servers such as counter-strike, half-life, battlefield 1492, etch) Run cron entries with intervals of less than 15 minutes
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
9.) Uptime Guarantee
If your site has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of ARWD&H dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services. To request a credit, please contact ARWD&H with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.
10.) ARWD&H Responsibility
ARWD&H is responsible for supporting their clients. ARWD&H is also responsible for all content stored or transmitted.
11.) Dedicated Servers
ARWD&H reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our data center. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. ARWD&H reserves the right to audit servers as needed and to perform administrative actions at the request of our data center.
12.) Price Change
Prices may change, due to local/global exchange rates and local tax rate changes, We reserve the right to change prices listed on ARWD&H, and the right to increase the amount of resources given to plans and the plans at any time.
13.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold ARWD&H harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against ARWD&H, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless ARWD&H against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with ARWD&H; (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 customers from ARWD&H's servers.
14.) Arbitration
By using any ARWD&H services, you agree to binding arbitration. If any disputes or claims arise against ARWD&H's or its subsidiaries, such disputes will be handled by an arbitrator of ARWD&H's choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.
15.) Disclaimer
ARWD&H shall not be responsible for any damages your business may suffer. ARWD&H makes no warranties of any kind, expressed or implied for services we provide. ARWD&H disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by ARWD&H and its employees.
16.) Disclosure to law enforcement
ARWD&H may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.We will cooperate fully with law enforcement agencies.
17.) Changes to the TOS
ARWD&H reserves the right to revise its policies at any time without notice.
ARWD&H Terms of Service Version: 1.1
Last Edited: 29/8/2007
Designed and Hosted by Anne Rogers Web Design Hosting
Copyright 2007-2009 All Rights Reserved
Copyright 2007-2009 All Rights Reserved