The following words used in context of the Service Agreement are defined as follows:
“Client”: The person or entity who is applying for Server services from American Discount Web Hosting.
“ADWH.com”: American Discount Web Hosting
“Service”: Space on Servers provided by ADWH.com
“Bandwidth”: Monthly Allocation per Hosting Plan
“Disk Space”: Total Allocated Disk Space”
“Terms”: Terms and Conditions Agreement
“AUP”: Acceptable Use Policy
“TOS”: Terms of Service
“Website”: All content over which Client has control.
“Package” Hosting services selected by and paid for by Client from the menu of standard services offered by ADWH.COM
ADWH.COM services are “AS-IS”. No warrantee is expressed nor intended nor implied.
American Discount Web Hosting, here after referred to as “ADWH.com”, agrees to provide, and Client agrees to receive, access to the ADWH.com’s Server services according to the following Terms:
They may be accessed at Terms and Conditions. The Terms comprise the entire agreement between ADWH.com and Client, and supersedes any prior agreements between Client and ADWH.com with respect to the subject matter of the Terms. This agreement covers the hosting of one domain per hosting package. No package may host more than one domain. Each domain must reside in its own package.
By agreeing to the terms, or by paying for the services, the Client understands that this is a subscription style service and that all recurring fees (i.e. Hosting Fees) will be automatically deducted from a credit card if valid credit card information is present in the client account. Failure to pay will result in termination of services.
Acceptable Use Policy
Client agrees to conform to ADWH.com’s current Acceptable Use Policy (AUP). ADWH.com may modify, without prior notice, the AUP as ADWH.com deems appropriate and such modified AUP is effective upon Posting ADWH.com’s website. Client will use their Server services in a manner consistent with any and all applicable laws now in force or enacted in the future.
The email service provided as a part of the hosting packages is an “as-is” service without warrantee or guarantees and is not included as part of the Uptime Guarantee.
Money Back Guarantee
ADWH.com will refund the entire fee for hosting, excluding domain name registration fees, within 30 days from payment date. There will be no refunds at all after the first 30 days of service. In addition, there will never be a refund for any domain name registration bought through or transferred to ADWH.com. Clients purchase of hosting with a “free” domain name” is based on one full year of continual hosting. In the event this Service Agreement is terminated by Client or by ADWH.com for a violation of the TOS, the full amount of $15.00 shall be due and payable to ADWH.com for the registration fee. The registered domain name is and will continue to be the property of Client subject to the aforementioned fee, if applicable. If said fee is not paid by the Client, ownership of the domain reverts to ADWH.com.
Loss of Income
The ADWH.com service is provided on an “As Is, As Available” basis. ADWH.com gives no warranty, expressed or implied, for the Server Services provided, including, and without limitation, warranty of merchantability and warranty of fitness for a particular purpose. This “no warranty” expressly includes any reimbursement for losses of income due to disruption of service by ADWH.com or its Provider, beyond the fees paid by Client to ADWH.com for Services.
ADWH.com is not responsible for any damages arising from Client’s use of ADWH.com’s services or by Client’s inability to use the Server services for any reason with the exception of the above “Uptime Guarantee”. While ADWH.com shall make every reasonable effort to protect clients’ website, ADWH.com is not responsible for Client’s files residing on ADWH.com’s Servers.
Client hereby agrees that any material submitted for publication on ADWH.com’s Servers through Client Account(s) will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libelous or harmful. Any potentially illegal activity will be cause for immediate termination of service, without warning by ADWH.com. Client hereby agrees to indemnify and hold harmless ADWH.com for any claim resulting from the submission of illegal materials. The service must not be used for activities ADWH.com deems to impact its customers or its ability to deliver services to its customers. Such activities include, but are not limited to:
Obscene Speech or Materials
The distribution of pornography or any obscene, abusive, defamatory or threatening speech or material is expressly prohibited. You may not host any site containing adult oriented content, including nudity of any kind. Portal sites linking directly, or indirectly, to adult oriented content are also not acceptable.
Any products, or instructions to create any materials which, in the sole opinion of ADWH.com, could harm, or lead to the harm of, individuals residing anywhere, may not be loaded on our servers. This includes linking to sites offering such products or materials. There will be no refund of any monies paid to ADWH.com for a violation of this term.
Web sites containing anti-government or anti-religious material, or any other hate or porn type material which, in our sole discretion, we deem harmful to the international community, will be immediately removed from our servers. There will be no refund of any monies paid to ADWH.com for a violation of this term.
Due to the public nature of the Internet, all information should be considered publicly accessible,
any important or private information should be treated carefully. ADWH.com is not liable for
protection or privacy of electronic mail or other information transferred through the Internet or any
other network ADWH.com or its customers may utilize.
Use of distribution lists and sending unsolicited commercial bulk email (“UCE”) via unsolicited electronic mail or other mass electronic mailings including news postings or chain letters, advertising transmitting, or otherwise making available any software, program, product, or service this is designed to facilitate sending UCE; use of web pages that allow “spamming (known as ghost sites)” that directly or indirectly refers to domains or IP addresses hosted by ADWH.com is strictly prohibited. ADWH.com reserves the right to deactivate the Client’s Server Account(s) upon an indication of such activity. Client hereby agrees to indemnify and hold harmless ADWH.com from any claim resulting from the Client’s or another party’s use of electronic mail services on the Client’s Server Accounts). Clients may only send email to recipients who have joined mailing lists directly from their site.
Prohibited Use and Actions List
The following is a list of actions and account usage that is strictly prohibited. Such actions or use will be cause for immeditate termination of accounts.
- Maintaining an Open Email Relay: Allowing email to be sent through clients system by a third party (i.e. neither to or from Client or Clients accounts).
- Fraud: Using a false identity: storage or transmission of any intentionally incorrect data or packet is prohibited.
- Denial of Service: Using any technique to intentionally degrade or disable the delivery of any legitimate data is prohibited.
- Abuse of Servers: Oversized storage of any files that would unreasonably large: i.e. having hundreds of JPG (such as fan or celebrity sites, photo galleries, cartoon or Japanese anime are not allowed. There can be no applications stored in your web space, including but not limited to zip files and there can be no single file that is over 50 megabytes in size. Your web space is not to be used for data backup or storage of email. It is only for hosting real web sites.
- Unauthorized Access: Attempting to gain unauthorized entry to any site or network, or any network or host scanning, probing, monitoring or other information gathering associated with such activity including using the Service to guess passwords.
ADWH.com maintains control and any ownership of any and all IP numbers and addresses that may be assigned to Client and reserves, in its sole discretion, the right to change or remove any and all IP numbers and addresses. Each hosting account is permitted a maximum of one (1) IP address for an additional charge $5.00 monthly. Clients choosing to have a unique IP address may only use sub-domains with a shared IP address within the same hosting account. Abuse of this condition will result in an additional monthly charge of $5.00 per IP address from the date of inception of the hosting account.
IP addresses must point to the web site of the ADWH.com server for which the hosting account is named, i.e. www.yourdomain.xxx and may not be pointed to any other domain. Violation of this paragraph will result in immediate termination of the hosting account and forfeiture of all monies paid to ADWH.com.
Each hosting plan specifies an amount of bandwidth included with the hosting plan and may not be changed by Client. Any use in excess of the specified monthly bandwidth will be billed to Client at the rate of $2.00 per gigabyte, over the allocated bandwidth in the plan. The charges will be billed during the following month. This charge is for bandwidth already used and is not subject to negotiation.
Allocated Disk Space
Each hosting package provides for a specific limitation of allocated disk space. This allocation may not be changed by Client. Any excess disk space usage, not authorized by ADWH.com in writing, will be billed at the rate of one ($0.50) cents per megabyte during the following month, and is not subject to negotiation.
Application for Service
Applicant for hosting service must provide honest and accurate information including, name, address, city/state/zip and telephone number. Failure to provide accurate information will be cause for denial of hosting service. If it is later learned that fraudulent information was provided, all funds paid to ADWH.com will be forfeited.
Applicant agrees that if for any reason their account is suspended for non-payment or misuse of services, they will pay a reinstatement fee of 25% of the total bill. This fee is non-refundable. Reinstatement will only be implemented if the account has been deemed by ADWH.com management to be “in good standing”.
Sites may not use extreme unwarranted CPU usage. This includes usage of “heavy” scripts. By heavy we mean scripts that place consistent high demands on the server. This includes but is not limited to web traffic management scripts, traffic exchange scripts, surf for hits sites as well as large advertising management scripts or proxy server scripts. No single site may consume 25% of CPU usage for a sustained period of time.
Customer may not resell the Service and/or the disk space associated with the accounts) covered by these Terms and Conditions.
Site Content and Site Applications
Website content and applications installed to the site are the responsibility of the client.
File Repository or Site Dump
Client may not use disk space as a file repository, or dump site. This includes but is not limited to: warez, serialz, sound files, applications, zip files. This includes using the space in order to store content used on other sites (remote linking). Examples of this would be using the web space to store images for auction descriptions, flash or any other files used on another site but stored on our server.
Free Email / Hosting Sites /Disk Space Resale
We do not permit the free giving or selling of POP email accounts or the issuing of free hosting or the resale of disk space for any reason whatsoever.
Client Control Panel Limitations
Client is prohibited from changing, or attempting to change, the Disk Space and/or the Bandwidth allocated to Client in accordance with the Hosting Plan originally selected by Client.
Quarterly/Monthly Paying Customer and Domain Name Registration
Those paying quarterly or monthly for hosting that includes a domain name are subject to having their domain name locked for the remainder of the yearly renewal period if they terminate their hosting services prior to the end of the registration renewal year.
Acceptable Use Policy Enforcement
Violation of the AUP may subject Customer to international, federal, and/or state civil and/or criminal liability. ADWH.com reserves the right in its sole discretion and without prior notice to suspend and/or terminate Customer’s access to the Service at any time for violating this AUP. ADWH.com also reserves the right to suspend, filter or block, and/or terminate Customer’s access if Customer’s account is being used to exploit or attack the Service or the networks of others. If Customer’s account has been compromised and attempts to reach Customer and/or to have Customer repair a breach of security fail, ADWH.com reserves the right to suspend or terminate Customer’s service. If Customer’s access is suspended or terminated, ADWH.com, in its sole discretion, may refuse to accept all new e-mail sent to the terminated e-mail address and delete Customer’s data stored on Service. ADWH.com will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.
We will collect your hosting and other fees automatically on the due date via the credit card that you provide. We do this as a convenience to you to prevent interruption of your service due to non-payment.
Violation of Rules
Breaking any of these aforementioned rules may result in immediate account suspension without refund, as well as criminal prosecution where deemed necessary. Customers with multiple accounts may have all accounts terminated due to TOS violations on any single account.
LIMITATION OF LIABILITY:
ADWH.com shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from servers going off-line or being unavailable for any reason whatsoever. Our sole liability is limited to our Uptime Guarantee as shown above. Further, ADWH.com shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of ADWH.com servers. All damages against CLIENT shall be limited to the immediate termination of service.
ADWH.com shall be the sole arbiter of what is and is not a violation of these acceptable use policies. ADWH.com reserves the right to terminate an account at any time and for any reason that causes harm to any other customer’s web sites. ADWH.com reserves the right to delete all content and files upon termination. ADWH.com reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. ADWH.com reserves the right to refuse, cancel, or suspend service at our sole discretion.
Venue and Jurisdiction
Any civil litigation regarding the Terms and Conditions listed herein shall be interpreted under the laws of the Tarrant County Texas. ADWH.com reserves the right to change these Policies without prior notice or warning. Non-enforcement of any part of these Terms and Conditions does not constitute consent.
Either Client or ADWH.com may terminate use of ADWH.com’s services and/or Servers at any time. Client’s only right and sole remedy with respect to any dissatisfaction with any (i) Terms or policy or practice of ADWH.com, (ii) Content available through ADWH.com or change therein, or (iii) amount or type of fees or billing methods, or change therein, is to terminate Service by delivering notice to ADWH.com. Should such notice of termination be delivered and acknowledged as delivered by ADWH.com, termination will be effective within 48 hours. In the event that a Client’s Account is terminated or canceled by ADWH.com for a violation of these terms and conditions, no refund of any fees, including monthly or annual fees, will be granted. ADWH.com also reserves the right to deactivate any Server Account if the Account is in violation of any of the terms and conditions listed in this Agreement.