|| Terms of Service
||The following terms of service govern the provision by AceWebHosting of the AceWebHosting's services and products (hereinafter referred to as "Services and Products") to the customer ( hereinafter referred to as "Customer"). By placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by AceWebHosting, Customer agrees to be bound by the terms herein outlined. No modifications of said contract by Customer is allowed. Questions or comments regarding this document should be forwarded to AceWebHosting
If Customer violates these Terms of Service, AceWebHosting reserves the right to terminate Services and Products without notice. AceWebHosting may advise Customer of inappropriate behavior and any necessary corrective action, however based on the nature of the violation, could result in immediate termination of service.
1. Customer Responsibility:
1.1. Customer is solely responsible for the content stored on and served by AceWebHosting's servers.
2. Payments and Fees:
1.2. Customer must provide AceWebHosting with, and keep current, good contact information. E-mail, fax, and telephone contacts are used, in that order of preference.
1.3. Customer is responsible for any misuse of Customer's account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, Customer must take steps to ensure that others do not gain unauthorized access to Customer's account.
1.4. Customer may not use Customer's account to breach security of another account or attempt to gain unauthorized access to another network or server.
2.1. Establishment of Services and Products is contingent upon receipt of payment from Customer to AceWebHosting. Subsequent payments are due on the anniversary date of the month for that month’s service, unless Customer requests all monthly payments to be consolidated to one specific billing date. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services.
3. Prohibited Uses of Services and Products
2.2. Payment is due on the defined monthly recurring billing date of each month. Services and Products will be interrupted on accounts that reach 15 days past due. Services and Products interrupted for nonpayment is subject to a $25.00 reconnect charge. Accounts not paid by due date are subject to a $10 late fee. Accounts that are not collectable by AceWebHosting will be turned over to an outside agency for collection. If Customer's account is turned over for collection, Customer agrees to payAceWebHosting a “Processing and Collection” Fee of not less than Fifty ($50.00) nor more than One Hundred, Fifty($150.00)
2.3. AceWebHosting may temporarily deny Services and Products or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.
Customer may only use Services and Products in a manner that, in the AceWebHosting's sole judgment, is consistent with the purposes of such Services and Products. If Customer is unsure of whether any contemplated use or action is permitted, please contact AceWebHosting. By way of example, and not limitation, uses described below of the Services and Products are expressly prohibited.
4. Money Back Guarantee
3.1.1. Illegal Activities: Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. AceWebHosting reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
3.2. System and Network Abuse
3.1.2. Harm or Endangerment to other people: Customer shall not use Services or Products to harm, or attempt to harm, minors in any way, including, but not limited to child pornography, or transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.1
3.1.3. Copyright or trademark infringement: Customer shall not use Services or Products to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Customer shall not use Services or Products to collect, or attempt to collect, personal information about third parties without their knowledge or consent. Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following:
3.3. SPAM and Unsolicited Commercial Email (UCE) Policy:
3.2.1. Introduction of malicious programs into the AceWebHosting's network or servers (e.g., viruses and worms).
3.2.2. Effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which Customer is not an intended recipient or logging into a server or account that Customer is not expressly authorized to access. Disruption includes, but is not limited to, port scans, flood pings, packet spoofing and forged routing information.
3.2.3. Executing any form of network monitoring which will intercept data not intended for Customer's server.
3.2.4. Circumventing user authentication or security of any host, network or account.
3.2.5. Interfering with or denying service to any user other than Customer's host (for example, denial of service attack).
3.2.6. Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable, a user's terminal session, via any means, locally or via the Internet.
3.2.7. Creating an "active" full time connection by using artificial means involving software, programming or any other method.
3.2.8. Any attempt to circumvent or alter monitoring, bandwidth tracking or utilization reporting, or other actions which have the effect of complicating the normal operational procedures of AceWebHosting, including but not limited to altering, removing or in any way modifying or tampering with AceWebHosting created log files.
3.2.9. Any action which AceWebHosting determines, in its own judgment, will reflect poorly on AceWebHosting or negatively impact its operations.
3.2.10. Any action which AceWebHosting deems to be an unacceptable use of resources, business practice or otherwise unacceptable to AceWebHosting.
AceWebHosting takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over its network. Very simply this means that Customer may not use or permit others to use AceWebHosting's network to transact in UCE. Reseller of AceWebHosting may not host, or permit hosting of, sites or information that is advertised by UCE from other networks.
3.4. Scripts, Background Running Programs and Cron Jobs
Violations of this policy carry severe penalties, including termination of service.Violation of this SPAM policy will result in severe penalties. Upon notification of an alleged violation of its SPAM policy, AceWebHosting will initiate an immediate investigation (within 48 hours of notification). During the investigation, AceWebHosting may restrict Customer access to the network to prevent further violations. If Customer is found to be in violation of AceWebHosting's SPAM policy, AceWebHosting may, at its sole discretion, restrict, suspend or terminate Customer's account. Further, AceWebHosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. AceWebHosting will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an "Administrative Fee" of $50 and Customer's account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $200 and immediate termination of Customer's account. PLEASE, DO NOT SPAM.
Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. AceWebHosting does not permit scripts & programs sharing with domains not hosted by AceWebHosting or any scripts & programs that may be abused for UCE purposes.
3.5. Chat Rooms and IRC
AceWebHosting does not allow Customer to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. However, AceWebHosting provides other chat rooms that meet most users' needs and run without hindering system performance.
AceWebHosting does not allow IRC or IRC bots to be operated on AceWebHosting's servers.
AceWebHosting's hosting accounts include a nightly backup service, however these backups are for AceWebHosting's administrative purposes only, and are in NO WAY GUARANTEED! Customer is responsible for maintaining their own backups on their own personal computers. AceWebHosting does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on AceWebHosting's part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.
3.7. Prohibited Scripts and Programs:
The following scripts are banned because they are either resource hogs or harmful:
IRC, Game or Chat software
UltimateBBS (all versions)
Ikonboard (all CGI versions)
IRC Egg Drops
Any soap mailers
Auto email capturing script
formmail.pl - Please use provided formmail script!
Every shared hosting account ordered from AceWebHosting comes with a 30 Day Money Back Guarantee. In the event that Customer wishes to cancel Services and Products within the first 30 days, AceWebHosting will refund all fees paid to Customer except domain name registration fees, over-usage fees for disk space and bandwidth and dedicated server rental fees, they are nonrefundable.
5. Account Termination
5.1 AceWebHosting reserves the right to refuse, cancel or suspend service at its sole discretion in the judgment of network administrators Customer's account is the source or target of the violation of any of the other terms of the TOS or for any other reason which AceWebHosting chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. Customer will not be credited for the time the customer's machines were suspended.
5.2. Customer may terminate an account with AceWebHosting, given that the following provisions are meeting:
5.2.1. Account is in good standing, all payments have been made.
5.2.2. Account does not host content which is not allowed on AceWebHosting hosting network or servers.
5.2.3. Account has no pending warnings / complaints.
Customer agrees that it shall defend and hold AceWebHosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against AceWebHosting, 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 employees or assigns. AceWebHosting reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer
7. Miscellaneous Provisions:
A waiver by AceWebHosting of any breach of any provision of this Agreement by Customer shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
Customer shall not transfer or assign this Agreement without the prior written consent of AceWebHosting. AceWebHosting may assign Agreement at anytime without consent from or notice to Customer. AceWebHosting reserves right to cancel Customer rights under this contract at anytime without further obligation.
AceWebHosting takes no responsibility for any material input by others and not posted to AceWebHosting Network by AceWebHosting. AceWebHosting is not responsible for the content of any other websites linked to AceWebHosting; links are provided as Internet navigation tools only. AceWebHosting disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
AceWebHosting is not responsible for any damages your business may suffer. AceWebHosting does not make implied or written warranties for any of its services. AceWebHosting denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by AceWebHosting.
8. Revisions to the Terms of Service
AceWebHosting reserves the right to revise, amend, or modify this TOS and its other policies and agreements at any time and in any manner and any such modification shall be automatically effective as to all customers when adopted by AceWebHosting and published here.