The use of services from AWebSight4Me.com.
We will setup your account after we have received payment 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. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
2.) Content
All services provided by AWebSight4Me.com 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.
The customer agrees to indemnify and hold harmless AWebSight4Me.com 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
admin@awebsight4me.com with the
information required. A list of required information may be found here. 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), Bank Debentures, Bank Debenture Trading
Programs, and Prime Banks Programs, lottery sites, muds / rpg's, hate sites,
hacker focused sites/archives/programs, sites promoting illegal activities
We reserve the right to refuse service to anyone. Any material that in our judgement that 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.
If in doubt regarding the acceptability of your site or service, please contact us 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.
Resellers: we will suspend the site in question and will notify you so you
may terminate the account. We will further monitor your activity; more than
one infraction of this type may result in the immediate termination of your account.
Direct customers: Your services will be terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail,
bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as
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 may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
AWebSight4Me.com 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.
AWebSight4Me.com 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 AWebSight4Me.com .
4.) Payment Information
You agree to supply appropriate payment for the services received from
AWebSight4Me.com, in advance of the time period during which such services are
provided. You agree that until and unless you notifyAWebSight4Me.com 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 the
cancellation form
provided.
AWebSight4Me.com reserves the right to change the monthly payment amount and any
other charges at anytime.
5.) Backups and Data Loss
Your use of the service is at your sole risk. AWebSight4Me.com is not responsible
for files and/or data residing on your account. You agree to take full
responsibility for files and data transferred and to maintain all
appropriate backup of files and data stored on AWebSight4Me.com servers.
6.) Cancellations and Refunds
AWebSight4Me.com 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.
Customers may cancel at any time via a
Cancel My Account.
AWebSight4Me.com gives you an unconditional 30 day money back guarantee on managed
shared hosting, and reseller solution's. There are no refunds on dedicated
servers, administrative fees, install fees for custom software, or domain
name purchases. Refund requests after 30 days will be refunded on a prorated
basis of any unused time.
Only first-time accounts are eligible for a refund. For example, if
you've had an account with us before, cancelled and signed up again, you
will not be eligible for a refund or if you have opened a second account
with us.
Violations of the Terms of Service will waive the refund policy.
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 activities
g) Run any gaming servers such as counter-strike, half-life,
battlefield1492, etc
h) Run cron entries with intervals of less than 15 minutes
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
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.
9a.) Money back Guarantee
On dedicated servers and colocation no full refund will be honored --
the 30 day money back guarantee does not apply. We reserve the right to
refund a prorated amount or no refund at all.
Each of AWebSight4Me.com managed shared and reseller servers carry a 30 day
unconditional money back guarantee on them. If you are not completely
satisfied with our services within the first 30 days of your service, you
will be given a full refund of the contract amount. Remember, this is only
for monthly shared or reseller packages and does not apply to dedicated
servers, administrative fees, install fees for custom software, or domain
name purchases.
9b.) Uptime Guarantee
If your shared / reseller server 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 refund is at the discretion of AWebSight4Me.com 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 refund, please contact sales@AWebSight4Me.com 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 refund is prorated for the amount of time the server is down which is not related to our uptime guarantee.
10.) Reseller: Client Responsibility
Resellers are responsible for supporting their clients. AWebSight4Me.com does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their client's behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. AWebSight4Me.com will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.
11.) Shared (non-reseller accounts)
Shared accounts may not resell web hosting to other people, if you wish
to resell hosting you must use a reseller account.
12.) Dedicated Servers
AWebSight4Me.com 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 datacenter. 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. AWebSight4Me.com reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter.
13.) Price Change
The amount you pay for hosting will never increase from the date of
purchase. We reserve the right to change prices listed on AWebSight4Me.com, and
the right to increase the amount of resources given to plans at any time.
14.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold AWebSight4Me.com
harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable attorney's fees asserted against AWebSight4Me.com, 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 AWebSight4Me.com against liabilities arising out of;
(1) any injury to person or property caused by any products sold or
otherwise distributed in connection with AWebSight4Me.com ; (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 AWebSight4Me.com's server.
15.) Disclaimer
AWebSight4Me.comshall not be responsible for any damages your business may suffer.
AWebSight4Me.com makes no warranties of any kind, expressed or implied for services
we provide.AWebSight4Me.com 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 AWebSight4Me.com and its employees.
16.) Disclosure to law enforcement
AWebSight4Me.com 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
AWebSight4Me.com reserves the right to revise its policies at any time without
notice.
