|
AQHost, LLC provides web hosting to many
clients, and we have an obligation to protect each client and to
provide the best service possible. The following guidelines were
designed to ensure that those obligations are met.
Content:
All services provided by AQHost, LLC may be
used for lawful purposes only. Transmission, storage, or presentation of
any information, data or material in violation of any United States
Federal, State or City law is prohibited. This includes, but is not
limited to: copyrighted material, material we judge to be threatening or
obscene or material protected by trade secret and other statute, and
invasion of privacy. The subscriber agrees to indemnify and hold harmless
AQHost, LLC
from any claims resulting from the use of the service which damages the
subscriber or any other party.
All pornographic content and sex-related
merchandising is prohibited on all AQHost, LLC servers. This includes sites
that may infer sexual content or links to adult content elsewhere. AQHost, LLC
will be the sole arbiter in determining violations of this provision. Accounts that are found to
have such content uploaded to their web space are subject to immediate
suspension and/or termination without notice.
FFA (Free For All)
sites, sites that promote, sell, or
otherwise provide access to spamware products or products that are solely
for the purpose of extraction or sale of email addresses or which are used
to send bulk email are not permitted on any AQHost, LLC server. Accounts that are found to
have such content uploaded to their web space are subject to immediate
suspension and/or termination without notice.
All IRC-related
materials are prohibited. This includes any script or packages whose
purpose is to connect to an IRC server or provide any IRC-related services
whatsoever. Accounts that are found to
have such software uploaded to their web space are subject to immediate
suspension and/or termination without notice.
CGI or php-based
shell scripts are not permitted. This includes any script that is used for
the purpose of issuing shell-level commands rather than the use of a standalone SSH
client. Accounts that are found to
have such content uploaded to their web space are subject to immediate
suspension and/or termination without notice.
Proxy scripts are
forbidden. This includes any script that allows someone to surf from our
servers to a third party site, like nph-proxy. These types of scripts
cause an unnecessary burden on system resources when they are heavily used
and lend themselves to abuse complaints. Accounts that are found to
have such content uploaded to their web space are subject to immediate
suspension and/or termination without notice.
Surf for credit or
click/banner/exit exchange sites are not permitted, nor are randomizer sites.
These types of sites cause an unnecessary burden on system resources when
they are heavily used and lend themselves to spam/abuse complaints.
Accounts that are found to have such content uploaded to their web space
are subject to immediate suspension and/or termination without notice.
Also prohibited are sites that promote any
illegal activity or present content that may be damaging to AQHost, LLC
servers or any other server on the Internet. Links to such materials are
also prohibited.
Examples of unacceptable content or links:
AQHost, LLC will be the sole arbiter as to
what constitutes a violation of this provision. Accounts that are found to
have such content uploaded to their web space are subject to immediate
suspension and/or termination without notice.
Commercial Advertising - Email:
Spamming, or the
sending of unsolicited email, from an AQHost, LLC server or using an email
address or domain that is maintained on an AQHost, LLC machine as reference
is STRICTLY prohibited. AQHost, LLC will be the sole arbiter as to what
constitutes a violation of this provision. The sending of email by a
customer using a from address belonging to a domain other than that hosted
with us by the customer is not permitted from any AQHost, LLC server. Sites that promote, sell, or
otherwise provide access to spamware products or products that are solely
for the purpose of extraction or sale of email addresses or which are used
to send bulk email are not permitted on any AQHost, LLC server.
Commercial emails may only be sent to recipients who have specifically
opted in to receive email from the customer. The use of rented lists, or
any other form of mailing list consisting of email addresses belonging to
people who have NOT specifically opted to receive email from the customer,
is prohibited. Emails must comply with all relevant state and federal laws
and must include clearly defined opt-out instructions. Opt-out requests
must be honored in a timely fashion.
Any
account that violates this provision is subject to immediate
suspension and/or termination without notice.
Misuse of System Resources:
Any attempt to undermine or cause harm to
a server, or customer, of AQHost, LLC is strictly prohibited. This
includes, but is not limited to: using programs that consume excessive CPU
time; BitTorrent sites whether torrents themselves or torrent tracker
sites; allowing the use of mail services, mail forwarding capabilities, or autoresponders other than for the customer's own account; resale of disk
space, or any other resource/service supplied by AQHost, to a third party; hosting of sites/domains
not belonging to the customer whether for reward or not; use of servers for backup
of files unrelated to the web site of the account; use of servers for
storage of files primarily to be linked to site(s) hosted elsewhere; resale of remote
access to CGI scripts installed on our servers. Due to resource usage
issues the Greymatter blogging script is banned from our servers. No IRC related software is
permitted on our servers. This includes servers, bots, bouncers, or any
other software that is used for the purpose of creating, maintaining, or
providing access to IRC servers or channels. Accounts that are found to
have such software uploaded to their web space are subject to immediate
suspension and/or termination without notice.
Availability of
Service:
AQHost, LLC does not warrant that
client sites will be available at all times. We will make every effort to
ensure the maximum uptime possible, however we cannot accept liability for
any downtime suffered by our clients. By accepting these terms and
conditions you release us from any such liability.
Viruses and SPAM:
Please be aware that we cannot
guarantee to stop all SPAM or viruses, and that you should always have
anti-virus software installed on any internet-enabled computer. We cannot
be held liable for any damage or loss of any kind caused by emails
received through our servers or from our users.
Client Data:
AQHost, LLC cannot accept any liability for loss of client data, and we
strongly encourage you to create and maintain your own back-ups on a
regular basis.
Movable Type Licensing:
Licenses provided to you with your hosting plan under the Movable Type
Hosting Partner program are non-transferrable and remain valid only during
the period that you remain a customer. Should service provision be
terminated for any reason the license is invalidated and you must purchase
a replacement license from Six Apart in order to continue using the
software.
Account Payment Policies and Cancellation:
Customer agrees that due to the nature of the service provided, accounts
renew automatically unless notice of cancellation is given.
Cancellation requests can be submitted via
our ticketing system or via an
email to Billing@AQHost.com. We do
not accept cancellation requests by phone as written proof is better for
all parties concerned. There is no cancellation fee levied, however no
refunds will be made for unused portions of prepaid service. Cancellation
requests must be received by midday EST on the last day of the current
calendar month in order to take effect before invoices are produced on
the 1st of the following month. For example if an account is due to
renew on 1st September then notice must be received by midday EST on
31st August. Accounts for which the required notice
is received will be closed at midday EST on the last day of the month.
Accounts must be clear of any outstanding invoices before a cancellation
request is made. We reserve the right to take the appropriate legal
action to recover unpaid invoices including the use of a collection
agency and/or filing in small claims court.
New accounts are payable in
full before the account is created. Accounts are then billed on the 1st of
the month and payment in full is due by midday EST on the following dates:
Customers paying by credit card or PayPal: 7th of the month.
Customers paying by check: 14th of the month.
Customers paying by credit card will receive an invoice email on the 1st
of the month and their on-file card will be charged later that day. In the event
of a problem with the charge they will be notified by email and asked to
resolve the problem by the due date shown above.
Customers paying by PayPal will receive an invoice email on the 1st of the
month with a clickable link that will take them to the PayPal website with
all payment information pre-completed. This payment must be completed by
the due date shown above.
Customers paying by check will receive an invoice email on the 1st of the
month with all necessary payee and payment address information included.
Checks must be received by the due date shown above.
Any account not paid in full by midday EST on the due date,
regardless of payment method, will be subject to suspension for nonpayment. This will
result in all services for the account, including web and email, ceasing
to function. Any account not paid in full by midday EST on the last day of
the month will be terminated without further notice. We reserve the right
to take the appropriate legal action to recover unpaid invoices
including the use of a collection agency and/or filing in small claims
court.
Account Upgrades/Downgrades:
You may upgrade or downgrade your account at any time by visiting the
helpdesk and
opening a ticket for billing. There is no administrative charge for
upgrading or downgrading your account, however at our discretion a
pro-rated amount may be billed for an upgrade reflecting the period
between the upgrade request and the next invoice due date for the account.
No pro-rated refunds will be given for downgrades unless the prepaid
period on the account exceeds one month at the time the request is made.
Suspension and
Termination:
Accounts may be suspended or terminated for reasons including (but not limited to):
email abuse complaints; abusive behavior towards AQHost staff; use of
abusive/profane language in communications with AQHost staff; discovery of prohibited content within the
account; reversal of payment; exceeding the appropriate data transfer limit for the account
without prior arrangement; request from a duly empowered third party
such as law enforcement or a court order.
Activity which results
in suspension and subsequent
deactivation/termination of an account will result in a forfeiture of all fees paid.
Complaints made regarding abuses of an account will be grounds for
suspension.
Refusal of Service:
We reserve the right to refuse, cancel, or
suspend service at our sole discretion.
All sub-networks, distributive hosting
sites, and dedicated servers of AQHost, LLC must adhere to the above
policies. Please direct any reports of violations of the above policies to
Abuse@AQHost.com.
Accounts that are found
to have violated any section of these terms and conditions are subject to immediate
suspension and/or termination without notice.
|
