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Terms & Condition of Use Policy
Acceptable use policy
At A Plus Web Hosting
we wish to provide a
professional environment for the users of our servers. As such we have decided we will not
host sites which contain any of the following: material that is obscene,
pornographic, sexually explicit or of a adult
nature or provide links directly or indirectly to this type material. We also
will not host sites which are used for gambling or contain material which
is stolen, pirated or unlicensed copyrighted
material. Our systems may not be used to send spam,
receive replies to spam or be listed as a destination site as part of
spam. This includes both via e-mail and Usenet newsgroups. We will not allow the use of
custom, experimental or home grown DLL installation on our NT servers. We will consider
commercial programs on a case by case basis.
A Plus Web Hosting
Web Hosting Terms & Condition of Use
This Agreement is a mutually beneficial relationship for
both you, A Plus Web Hosting customer (hereby referred to as
"you"), and A Plus Web Hosting and Creative Technology
Solutions Services, Inc. and its affiliates apluswebhosting.net and
apluswebhosting.com (hereby referred
to as "A Plus Web Hosting ).
Unless apluswebhosting.net & apluswebhosting.com are otherwise properly notified
in writing, all Terms and Conditions are agreed to and applicable upon initiation of
services.
GENERAL
Apluswebhosting.net and apluswebhosting.com
supplies Internet access
and related services, including the hosting of Web Sites, through its system to its
customers. Apluswebhosting.net and apluswebhosting.com does not and cannot control the content, quality
or accuracy of information available through it’s system or over the Internet in
general.
LAWFUL USE
Your account with A Plus Web Hosting
may
only be used for lawful and legal purposes. Transmission, theft, procurement,
communication, alteration, publication or storage of any information, data, or material in
violation of any federal, state, or local law, statute, regulation or rule is prohibited.
This includes, but is in no way limited to: copyrighted material, material legally judged
to be obscene, threatening, in violation of any section of the Telecommunications Reform
Act of 1996, or material protected by trade secret.
You are expected to observe the rules of proper Netiquette in all
electronic mail, Usenet postings, and web site presentations. If A Plus Web Hosting
sees or hears of any user activity to the contrary, including, but not
limited to, "spamming", accessing A Plus Web Hosting or any
other user's confidential information without authorization, etc., we will investigate the
situation and take the necessary disciplinary action, which will include termination of
service and possible legal action. Some people break into networks just to show that it
can be done. Please do not attempt to prove this on A Plus Web Hosting system.
A Plus Web Hosting respects your privacy and will not deliberately
disclose your electronic mail, files, or postings to other users. Remember that the person
to whom you send electronic mail does not need to keep it secret. The sender/receiver of
the electronic mail has the right to make it public. If we believe certain electronic
mail, files, or postings are connected with unlawful activities as described in section
Lawful Use, A Plus Web Hosting may disclose them to the proper authorities
to protect our system, ourselves, and other users.
Note: The issue of Privacy & the Internet is highly controversial, with many
wide-ranging opinions on who is ultimately accountable for their actions, or the actions
of others. A Plus Web Hosting will do its best to stay current on new and
changing Policy and will make adjustments to these Terms and Conditions when necessary.
CHANGE OF SERVICE
A Plus Web Hosting services
provided are expected to change form time to time. A Plus Web Hosting
reserves the right to change any pricing, Terms, Use Conditions, service offered or the
features of any service offered or our system without notice, including changes to access
and use procedures, such as system hardware and software.
PAYMENT TERMS
You have the responsibility of keeping
A Plus Web Hosting informed of a current, valid mailing address. Invoice users also must
keep A Plus Web Hosting informed of a current billing address, if different
from the mailing address. Credit Card users must keep A Plus Web Hosting
informed on the status and validity of your VISA, MasterCard, or American
Express account that billings are made to, including - but not limited to - cancellation
of a credit card account or a new expiration date.
If the payment method is by credit card and payment is not
received by A Plus Web Hosting from the card issuer or its agents, the
customer agrees to pay all amounts due upon demand by A Plus Web Hosting.
Rate changes will be effective when published on-line or otherwise
provided to customers. The day of your request for service(s) becomes
your monthly billing date.
Billing Terms for Users paying by Credit Card:
If your credit card is declined by the issuing bank, you will be
promptly notified by electronic mail, at which time you must provide an
alternate card number by phone. If you do not respond within 10
days of your billing date your account is considered
delinquent. Delinquent accounts are subject to immediate suspension and /or termination
without notice. A Plus Web Hosting will charge you a reconnect fee of $100.00 and will only be
reactivated with credit card payment or 6 months payments of the account in advance.
Billing Terms for Users paying by Invoice: All invoices are due and
payable upon your receipt of the invoice(s), unless you are expressly granted payment
terms by A Plus Web Hosting. The day of your request for service(s) becomes your monthly billing date. Payment terms of monthly fees are net 10 days.
Payments not made within 10 days of billing date are
considered delinquent. Delinquent accounts are subject to immediate suspension and /or
termination without notice. A Plus Web Hosting will charge you a reconnect fee of $100.00 and 6 months
payments of the account in advance. Invoice accounts are pre-paid
and billed quarterly.
Termination of service by you or A Plus Web Hosting
in
no way waives your liability for outstanding charges. If we are required to seek legal
action to collect any outstanding charges, A Plus Web Hosting shall be
entitled to reasonable attorney fees and costs of litigation.
Effective 72 hours following the initiation of services to you by
A Plus Web Hosting, you consent to A Plus Web Hosting withholding access to you of your electronic mail, data from web site forms and/or files
received if your account becomes suspended, and removal of your electronic mail, web site,
and/or files if your account is terminated, under any of the terms and conditions of this
Agreement.
If a check sent to A Plus Web Hosting is returned unpaid, you agree to
pay immediately to A Plus Web Hosting an additional $25.00 service fee.
Fees: Domain Name Registration and Setup Fees are
non-refundable. Web Hosting Fees are refundable only for each full
month that is pre-paid. Pro-rated refunds are based on a full
month (30 day) period in which an account has been pre-paid. This
means that if an account has been pre-paid for 6 months and there are 45
days remaining in the pre-paid period, a refund will be given only for
30 days (1 month).
TERMINATION AND SUSPENSION
A Plus Web Hosting or customer may, at
its sole discretion, terminate the customer’s account at any time with or without
reason. A Plus Web Hosting may at it’s sole discretion, suspend a
customer’s account at any time with or without reason. Monthly charges will not be
pro-rated. Termination or suspension does not release liability for charges due.
A Plus Web Hosting may delete all data, files or other information that is stored in
customer’s account of hosted web site upon termination.
LIMITATION OF LIABILITY AND INDEMNITY
You agree that A Plus Web Hosting
shall
not be liable to you for any reason. A Plus Web Hosting shall not be liable
to you for any damages to you of any kind, either direct or indirect, including, but not
limited to, any compensatory, consequential, special or punitive
damage(s), incurred by
you, as a result of your use of A Plus Web Hosting system, or as a result
of your use of the data or other materials transmitted through or residing on
A Plus Web Hosting system, even if A Plus Web Hosting has been advised
of the possibility of such damage or loss. This includes, but is not limited to, loss of
data or any other loss whatsoever resulting from delays, non-deliveries,
mis-deliveries,
or service interruptions of any nature whatsoever. In addition, you agree to defend and
indemnify A Plus Web Hosting and hold A Plus Web Hosting harmless from and against any and all claims, proceedings, damages, injuries, liabilities,
losses, costs and expenses (including reasonable attorney's fees) relating to any acts by
you or materials or information transmitted by you or any use by you of A Plus Web Hosting services which leads wholly or partially to claims against
A Plus Web Hosting or A Plus Web Hosting system by you, by another
customer or by any other person or entity.
NON-TRANSFERABILITY
Your account and the right to use A Plus Web Hosting
services and system is not transferable without A Plus Web Hosting
consent. You agree to protect its password and account and to keep
them secure from unauthorized users and use.
CONFIDENTIALITY
A Plus Web Hosting treats e-mail messages
as private. The exceptions are those permitted by law, including the
Electronic
Communications Privacy Act of 1086 (The "ECPA). The ECPA permits A Plus Web Hosting
limited ability to intercept an/or disclose electronic messages, including,
for example the necessary to operate the system or protect A Plus Web Hosting
right and property, and upon legal demand such as court orders, warrants,
subpoenas or where A Plus Web Hosting receives information inadvertently
which appears to pertain to the commission of a crime. Customers should be aware that
electronic messages may be intercepted lawfully or unlawfully outside of
A Plus Web Hosting system. In addition, although A Plus Web Hosting
has implemented certain security measures, A Plus Web Hosting cannot
guaranty that its system or stored data of a customer will be free from unauthorized
intrusion or otherwise guaranty the privacy of information of any customers.
LIMITED WARRANTY
A Plus Web Hosting warrants that, if you
are dissatisfied with the services contracted for herein, A Plus Web Hosting
will, upon actual receipt of either written or e-mail notification from you,
effective on the date of actual receipt, refund the prorated unused service fees for the
current month, as well as any prepaid fees that you have made to A Plus Web Hosting
for future months. Other than the foregoing, no warranty is made by A Plus Web Hosting
regarding any information, services or products provided through,
in connection with, or located on the computer systems of A Plus Web Hosting, and
A Plus Web Hosting hereby expressly disclaims any and all
warranties, including without limitation:
any warranties as to the availability, accuracy, or content of information,
products, or services, and
- any warranties of merchantability or fitness for a particular purpose.
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