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AffordableSite
Web Hosting
TERMS OF SERVICE
Revised 12/31/02
You must accept these terms of service in order to use
our service. These terms of service may be updated as needed
at any time without notice. The main purpose of this agreement
is to protect all users on our servers.
Read these terms of service carefully and return here frequently.
1.) Suspension
Violation of these terms of service could result in
suspension or removal of your account depending upon the
circumstances. Suspension means that your account is put
into a limbo state and is unreachable through any means.
During suspension no files are lost or altered. Accounts
found to be running a script which is causing a very high
cpu load or mail script being used to send spam will almost
always be suspended without notice to prevent further damage.
Poorly written scripts must be removed in order for us to
restore your service. Reports of spam are taken very seriously
usually resulting in immediate account suspension and investigation
without notice. We reserve the right to suspend any or all
accounts held by you without notice if we deem it necessary
to do so.
2.) Scope of Service
Our servers and pricing has been designed to be low cost
and therefore, in that spirit we are simply providing basic
http, mail & ftp level hosting services. This also means
that applications or scripts set up by users to run on the
server which cause high cpu load may be asked to move to
a dedicated server.
High CPU load is defined as using an average of more than
2% of the server processor in a 24 hour period beginning
and ending at midnight, as determined by our server.
*For reference the average medium traffic website uses about
.5% of system resources.
Script support or other "how-to" services are
not provided. It is the responsibility of the user to become
learned in setting up and administering their account including
script installs, file permissions, uploading procedures,
etc. All script engines are checked many times per day to
be sure that they work server wide. Support will be strictly
limited to making sure that running scripts is possible
by running our test script. AffordableSite Web Hosting
staff or other members may however be able to answer script
or how-to related questions posted to our forum for the
benefit of all users.
3.) Limitation of Liability
You expressly understand and agree that AffordableSite Web
Hosting shall not be liable for any direct, indirect, incidental,
special, consequential or exemplary damages, including but
not limited to, damages for loss of profits, goodwill, use,
data or other intangible losses (even if AffordableSite
Web Hosting has been advised of the possibility of such
damages), resulting from: (i) the use or the inability to
use the service; (ii) the cost of procurement of substitute
goods and services resulting from any goods, data, information
or services purchased or obtained or messages received or
transactions entered into through or from the service; (iii)
unauthorized access to or alteration of your transmissions
or data; (iv) statements or conduct of any third party on
the service; or (v) any other matter relating to the service.
4.) Content
All services provided by AffordableSite Web Hosting 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 secrete and other statue.
The subscriber agrees to indemnify and hold harmless AffordableSite
Web Hosting from any claims resulting from the use of the
service which damages the subscriber or any other party.
4.1) Pornography and sex-related merchandising are
prohibited on any AffordableSite Web Hosting server. This
includes sites that may infer sexual content, or link to
adult content elsewhere. This is also true for sites that
promote any illegal activity or content that may be damaging
to AffordableSite Web Hosting servers or any other server
on the internet. Links to such materials are also prohibited.
This policy is in effect because of the excessive load this
material puts on our servers and bandwidth, and the legal
ramifications of such sites.
4.2) You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available
any Content that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically
or otherwise objectionable.
5.) Examples of non-acceptable content or links
Pirated software
Hackers programs or archives
Warez Sites
Adult Sites
Illegal MP3s
AffordableSite Web Hosting will be the sole arbiter as to
what constitutes a violation of this provision. Any websites
found in violation of this policy will be cancelled and
any resulting monetary damages to us will multiplied by
a factor of two (2) and charged to the account holder.
6.) Chat Rooms
We do not allow clients to install their own CGI chat rooms.
These tend to be large system hogs and we cannot allow it
as a account option. We do provide a choice of JAVA chat
rooms free of charge that more than fill your needs and
run without hindering the performance of the machine for
others.
7.) Background running programs
We may allow programs to run continually in the background,
these are considered on a one to one basis and an extra
charge will be incurred based on system resources used and
operational maintenance needed.
8.) IRC
We currently do not allow IRC or IRC bots to be operated
on our servers. Examples include but are not limited to:
- Any IRC Bouncers such as, but not limited to, psyBNC.
- IRC Eggdrops.
- Proxy Servers
Any account found to be running IRC or IRC bots or proxy
servers will be suspended forever.
9.) Discussion Forum Scripts
We have recently had issues with popular websites and their
associated discussion scripts. To protect all users please
use the following guidelines. You are encouraged to use
PHP MySQL based discussion scripts whenever possible. Flat
file discussion scripts such as Ultimate Bulletin Board
(UBB) are not allowed. Scripts which are found to be using
excess system resources will be asked to move to a dedicated
server or be disabled. This is to protect all users on our
servers.
10.) BANNED SCRIPTS
The following are scripts which either cause a great load
on our servers or pose a serious security risk, therefore
can not be run on our servers.
Any gaming server software
UltimateBBS (all versions)
Ikonboard (all versions)
IRC Egg Drops
Proxy Servers
nph-proxy
The Anonymizer
any soap mailers
These scripts are on the banned list because they have at
one time been installed by customers and have had a serious
impact on the rest of our user accounts.
11.) Commercial Advertising - Email or Usenet
Spamming, or the sending of unsolicited email, from a AffordableSite
Web Hosting server or using an email address that is maintained
on a AffordableSite Web Hosting machine is STRICTLY prohibited.
Equally, any email or usenet spam which points to any domain
hosted on a AffordableSite Web Server will result in immediate
suspension of that domain name account and a full investigation.
Any form mail script running on your account is done at
your own risk. Ignorance of the risks of such scripts is
no defense. AffordableSite Web Hosting will be the sole
arbiter as to what constitutes a violation of this provision.
Reports of spam are given top priority if you have arrived
at this page in the course of a spam investigation and wish
to report abuse send all details and headers to spam@AffordableSite.com
as soon as possible.
12.) Server abuse
Any attempts to undermine or cause harm to a AffordableSite
Web Hosting server or customer of AffordableSite Web Hosting
is strictly prohibited. No user is allowed to use more than
2% of the server's resources. In the event there is a problem
the account holder will be notified. If the user continues
to use more than 2% of the server's resources the account
will be suspended. *For reference that average medium traffic
site uses about .5%.
13.) Damages
If you violate these terms of service and it results in
damage to our servers or causes AffordableSite Web Hosting
any additional expense or legal fees you agree to compensate
us in full for the amount of monetary damages multiplied
by a factor of two (2) as determined by us.
14.) Liability
AffordableSite Web Hosting is in no way responsible for
down time either resulting from a users actions, or natural
fluctuations in internet consistency. AffordableSite Web
Hosting will however, do everything within it's power to
assure that each and every client site is up as consistently
as possible.
15.) Indemnity
You agree to indemnify and hold AffordableSite Web Hosting,
and its officers, agents or other partners, and employees,
harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising
out of your Content, your use of the Service, your connection
to the Service, your violation of the TOS, or your violation
of any rights of another.
16.) Billing
AffordableSite Web Hosting's billing period is typically
every 30 days. Each account may be automatically debited
each month for the total amount due, until email notice
of cancellation is received and confirmed. If the credit
card on file is declined for any reason or check/money order
isn't received, the customer will receive notification via
email. Response to this email is required within 24 hours.
In the event there is no response from the account holder
the account will be suspended until payment is received.
After the account has been suspended for 30 days it will
be deleted. You agree that any chargeback action through
your credit card company on your part will not release your
of your debt. Any and all chargebacks will impose additional
fees of $100.00 per chargeback plus collection, filing and
legal costs.
17.) Refunds (30 day guarantee):
We hope that you are fully satisfied with your hosting from
us, but in the event you are not, we offer a 30 day money
back guarantee. Setup fees and bandwidth usage less than
1gb are refundable within 30 days of ordering your account.
refunds are not made on accounts canceled due to violation
of our terms of service.
18.) Refunds (past first 30 days):
While we will do everything in our power to make your hosting
experience with us as satisfactory as possible, we can in
no way please everyone all the time. Refunds past 30 days
are subject to review and partial months can not be refunded.
We must reserve the right to use our business discretion
in refunds past 30 days.
19.) Canceling Service
To cancel service send an email to accounts@affordablesite.com
sindicating that you wish to cancel service. Please supply
your account username and password for verification purposes,
or we will need to verify via email for your protection.
We will immediately stop recurring billing on your account
delete your account at the end of its current billing cycle
for the domain name or domain names affected. Once canceled
you should receive confirmation from us and your billing
service
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