|
This page contains both our Acceptable Use Policy (AUP) and our Web hosting Agreement.
A1 Web Hosting Solutions Acceptable Use Policy ("AUP")*
This AUP governs the use of A1 Web Hosting Solutions's web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between yo u and A1 Web Hosting Solutions regarding the interpretation of this AUP, A1 Web Hosting Solutions's interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this AUP, contact support@a1whs.com.
Table of Contents
Offensive Content
Security
Bulk Commercial E-Mail
Unsolicited E-Mail
Material Protected by Copyright
Copyright Infringement Notice
Other
Disclaimer
Internet Abuse
Newsgroup, Chat Forums, Other Networks
Offensive Content
You may not publish or transmit via A1 Web Hosting Solutions's service any content that A1 Web Hosting Solutions reasonably believes:
constitutes child pornography,rape, and beastiality ;
is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
is defamatory or violates a person's privacy;
creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
improperly exposes trade secrets or other confidential or proprietary information of another person;
is intended to assist others in defeating technical copyright protections;
clearly infringes on another person's trade or service mark, patent, or other property right;
promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to A1 Web Hosting Solutions; or
is otherwise malicious, fraudulent, or may result in retaliation against A1 Web Hosting Solutions by offended viewers.
Content "published or transmitted" via A1 Web Hosting Solutions's service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by A1 Web Hosting Solutions.
Security
You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.
Bulk Commercial E-Mail
You must obtain A1 Web Hosting Solutions's advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to A1 Web Hosting Solutions's reasonable satisfaction:
Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
You retain evidence of the recipient's consent in a form that may be promptly produced on request, and you honor recipient's and A1 Web Hosting Solutions's requests to produce consent evidence within 72 hours of receipt of the request.
The body of the e-mail must describe how the e-mail address was obtained, for example, "You opted in to receive this e-mail promotion from our Web site or from one of our partner sites," and information on how to request evidence of the consent, for example, "If you would like to learn more about how we received your e-mail address please contact us at support@a1whs.com.
You have procedures in place that allow a recipient to easily revoke their consent - such as a link in the body of the e-mail, or instructions to reply with the word "Remove" in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;
You must post an abuse@**yourdoman.com** e-mail address on the first page of any Web site associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
You must have a Privacy Policy posted for each domain associated with the mailing;
You have the means to track anonymous complaints;
You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the "TO" line of the e-mail; and
You otherwise comply with the CAN SPAM Act and other applicable law.
These policies apply to messages sent using your A1 Web Hosting Solutions service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your A1 Web Hosting Solutions service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.
A1 Web Hosting Solutions may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.
A1 Web Hosting Solutions may, and will charge a spam listing fee of $200.00 to 12,000 per occurance if your domain and/or account fail to comply with its requirements, which result in a listing at any RBL Black lists such as spamcop.net or any legal cases against A1 Web Hosting Solutions due to failure to comply with the CAN SPAM Act and other applicable law. In Case of legal law suites the owner of domain who fails to comply will be responsible for the payment of all the fees incured upon A1 Web Hosting Solutions.
Failure to comply with A1 Web Hosting Solutions's requirements will result in immediate suspention, and will not be un-suspended until -
a) Proof is provided that the sent messages where not spam within 72 hours or b) A re-activation fee of $20.00 has been paid, and; c) Proof is provided that the domain and account in question will not be used to breach the TOS and AUP as set down by A1 Web Hosting Solutions
Unsolicited E-Mail
You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it.
You must comply with the rules of any other network you access or participate in using your A1 Web Hosting Solutions's services.
Material Protected by Copyright
You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:
you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
you are otherwise permitted by established United States copyright law to copy the work in that manner.
A1 Web Hosting Solutions will terminate the service of repeat copyright infringers.
Disclaimer
A1 Web Hosting Solutions is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers' activities and disclaims any responsibility for any misuse of the A1 Web Hosting Solutions network.
Inquiries regarding this policy should be directed to support@a1whs.com.
Internet Abuse
You may not engage in illegal, abusive, or irresponsible behavior, including:
Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to A1 Web Hosting Solutions and its customers) without express authorization of the owner of the system or network;
Monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
Use of an Internet account or computer without the owner's authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
Any conduct that is likely to result in retaliation against the A1 Web Hosting Solutions's network.
Use of A1 Web Hosting Solutions's network in a way that unreasonably interferes with A1 Web Hosting Solutions's other customers use of the network
Newsgroup, Chat Forums, Other Networks
You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.
Web Hosting Agreement
This Web Hosting Agreement (this "Agreement") is between A1 Web Hosting Solutions and the person (individual or legal person) whose signs or submits A1 Web Hosting Solutions's service order and set up form (the "Order") incorporating this Agreement by reference ("Customer"). This Agreement governs Customer's use of A1 Web Hosting Solutions's Web hosting service.
Table of Contents
Services
Term
Payments
Law/AUP
Customer Information
Indemnification
Disclaimer of Warranties
Limitation of Damages
Suspension of Services/Termination
Request for Customer Information
Back Up Copy
Notices
Force Majeure
Cancellation
Miscellaneous
1. Services.
Subject to the terms of this Agreement, and contingent on Customer's satisfaction of A1 Web Hosting Solutions's credit approval requirements, A1 Web Hosting Solutions agrees to provide the web hosting services described in the Order for the fees stated in the Order.
2. Term.
The initial service term of the Agreement shall begin on the date that A1 Web Hosting Solutions generates an e-mail or online message to Customer announcing the activation of the Customer's account (the "Service Commencement Date") and shall continue for the number of months stated in the Order (the "Initial Term"). Upon expiration of the Initial Term, this Agreement shall automatically renew for up the same length as the Initial Term (each a "Renewal Term") unless A1 Web Hosting Solutions or Customer provides the other with written notice of non-renewal at least thirty (30) days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the "Term."
3. Payments.
(a) Fees.
Fees are payable in advance on the first day of each billing cycle. Customer's billing cycle shall be monthly or annually as indicated on the Order, beginning on the Service Commencement Date. A1 Web Hosting Solutions may require payment for the first billing cycle before beginning service. If the Order provides for credit/debit card billing, Customer authorizes A1 Web Hosting Solutions to bill subsequent fees to the credit/debit card on or after the first day of each successive billing cycle during the Term of this Agreement; otherwise A1 Web Hosting Solutions will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order. Invoiced fees may be issued on or before the 1st day of each billing cycle, and the fees shall be due on the 7th day following invoice date, but in no event earlier than the first day of each billing cycle.
Payments must be made in United States dollars. Customer is responsible for providing A1 Web Hosting Solutions with changes to billing information (such as credit card expiration, change in billing address) At its option, A1 Web Hosting Solutions may accrue charges to be made to a credit/debit card until such charges exceed $10.00. A1 Web Hosting Solutions may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum non-usurious rate under applicable law. A1 Web Hosting Solutions may suspend the service without notice if payment for the service is overdue. Fees not disputed within sixty (60) days of due date are conclusively deemed accurate. Customer agrees to pay A1 Web Hosting Solutions's reasonable reinstatement fee following a suspension of service for non-payment, and to pay A1 Web Hosting Solutions's reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.
(b) Fee Increases.
A1 Web Hosting Solutions may increase its fees for services effective the first day of a Renewal Term by giving notice to Customer of the new fees at least five (5) days prior to the beginning of the Renewal Term, and if Customer does not give a notice of non-renewal as provided in Section 2 above, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).
(c) Early Termination.
Customer acknowledges that the amount of the fee for the service is based on Customer's agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event A1 Web Hosting Solutions terminates the Agreement for Customer's breach of the Agreement in accordance with Section 9 (Termination), or Customer terminates the service other than in accordance with Section 9 (Termination) for A1 Web Hosting Solutions's breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement.
4. Law/AUP.
Customer agrees to use the service in compliance with applicable law and A1 Web Hosting Solutions's Acceptable Use Policy posted at http://www.a1whs.com/tos.php (the "AUP"), which is hereby incorporated by reference in this Agreement. Customer agrees that A1 Web Hosting Solutions may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer's use of the Services. Amendments to the AUP are effective on the earlier of A1 Web Hosting Solutions's notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with A1 Web Hosting Solutions's reasonable investigation of any suspected violation of the AUP. In the event of a dispute between A1 Web Hosting Solutions and Customer regarding the interpretation of the AUP, A1 Web Hosting Solutions's commercially reasonable interpretation of the AUP shall govern.
5. Customer Information.
Customer represents and warrants to A1 Web Hosting Solutions that the information he, she or it has provided and will provide to A1 Web Hosting Solutions for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to A1 Web Hosting Solutions that he or she is at least 18 years of age A1 Web Hosting Solutions may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contract.
6. Indemnification.
Customer agrees to indemnify and hold harmless A1 Web Hosting Solutions, A1 Web Hosting Solutions's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.
7. Disclaimer of Warranties.
A1 Web Hosting Solutions DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW A1 Web Hosting Solutions DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS.
8. Limitation of Damages.
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF A1 Web Hosting Solutions AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.
9. Suspension/Termination.
(a) Suspension of Service. (refund is not offered if your account is suspended for any of the following reasons listed below)
Customer agrees that A1 Web Hosting Solutions may suspend services to Customer without notice and without liability if:
(i) A1 Web Hosting Solutions reasonably believes that the services are being used in violation of the AUP;
(ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP;
(iii) A1 Web Hosting Solutions reasonably believes that the suspension of service is necessary to protect its network or its other customers, or
(iv) as requested by a law enforcement or regulatory agency. Customer shall pay A1 Web Hosting Solutions's reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.
(v) Sites running scripts/boards/forums that are out of date and pose secruity threat to their account and server itself or cause high server loads and hinder proper functioning of the server.
(vi) Sites that result in heavy load will be suspended till issue is resolved within two (2) days, failing to correct the problem will result in termination of account without any refund.
(vii) Sites/Forums with sqldb larger than 10 mb are allowed only if the load generated is below the threshold limit, failing which will result in suspension.
(b) Termination.
The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if A1 Web Hosting Solutions fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. The Agreement may be terminated by A1 Web Hosting Solutions prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows:
(i) upon ten (10) days notice if Customer is overdue on the payment of any amount due under the Agreement;
(ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within seven (7) days of a written notice from A1 Web Hosting Solutions describing the violation in reasonable detail;
(iii) upon one (1) days notice if Customer's Service is used in violation of a material term of the AUP more than once, or
(iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
10. Requests for Customer Information.
Customer agrees that A1 Web Hosting Solutions may, without notice to Customer,
(i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that A1 Web Hosting Solutions believes violates applicable law, and
(ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
11. Back Up Copy.
Customer agrees to maintain a current copy of all content hosted by A1 Web Hosting Solutions nothwithstanding any agreement by A1 Web Hosting Solutions to provide back up services.We do not provide any backup solutions, so please backup your site data regularly, we cannot be held liable for any data loss.
12. Changes to A1 Web Hosting Solutions's Network.
Upgrades and other changes in A1 Web Hosting Solutions's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. A1 Web Hosting Solutions reserves the right to change its network in its commercially reasonable discretion, and A1 Web Hosting Solutions shall not be held liable for any resulting harm to Customer.
13. Notices.
Notices to A1 Web Hosting Solutions under the Agreement shall be given via electronic mail to the e-mail address posted for customer support. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
14. Force Majeure.
A1 Web Hosting Solutions shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond A1 Web Hosting Solutions's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
15.Cancellations
Hosting plans will automatically renew until a plan is cancelled. In order to cancel service, you must contact A1 Web Hosting Solutions Billing Department via support@a1whs.com. A1 Web Hosting Solutions customer service representatives will assist you with the cancellation process. Please be aware that there are no pro-rated refunds after the first 30 days of service. Cancellation requests must be received by A1 Web Hosting Solutions a minimum of ten (10) days prior to the end of your Billing Cycle for shared hosting . Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by A1 Web Hosting Solutions . A1 Web Hosting Solutions is unable to cancel your account effective for a future date. A1 Web Hosting Solutions will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact A1 Web Hosting Solutions as soon as possible. A1 Web Hosting Solutions will not provide partial refunds for early terminations. Annual service agreements paid on a monthly recurring basis will require 100% payment in full for remaining agreement length at the time of any early termination. A1 Web Hosting Solutions does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to A1 Web Hosting Solutions services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. A1 Web Hosting Solutions , reserves the right to cancel any account, at any time, without notice, for any reason A1 Web Hosting Solutions considers appropriate.
16. Miscellaneous.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer's purchase order or other business forms are not binding on A1 Web Hosting Solutions unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without A1 Web Hosting Solutions's prior written consent. A1 Web Hosting Solutions's approval for assignment is contingent on the assignee meeting A1 Web Hosting Solutions's credit approval criteria. A1 Web Hosting Solutions may assign the Agreement in whole or in part.
This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supercedes and replace any prior understanding or communication, written or oral.
|
