Above Average Hosting Terms and Conditions
Above Average Hosting
reserves the right to change this Policy any time, so please, check
this page at least once a month or when in doubt.
Above Average Hosting
strives to provide the best possible service to all our customers,
but we will not tolerate any unlawful activity or abuse on our servers.
We respect freedom of speech and expression unless it is harmful to
others. These brief guidelines are imposed to protect you, other Above
Average Hosting customers and us against such harm.
By requesting an account
with Above Average Hosting, accessing Above Average Hosting network
or servers for any reason, you agree to act as a responsible user
who understands the consequences of violating any of the terms and
agrees to act in accordance with these terms. You also agree that
any use of services that Above Average Hosting provides constitutes
as an agreement with these terms of service.
You confirm that you
are at least 18 years of age.
Payment
Policies, Fees, Refunds and Terms of Agreement
Full payment is required
before any hosting service is rendered, which includes renewals.
Prepayment for monthly
accounts is due each 30 days following the date the account was established.
Billing will continue until you cancel your hosting account.
You may cancel at anytime.
We will give clients a prorated refund when they cancel and delete
their files from our server.
Refunds only apply to
cancellation by the client. If cancellation is done by Above Average
Hosting due to restrictions violation, there will be no refund.
Above Average Hosting
will only refund if cancellation is not the fault of the client, as
determined by Above Average Hosting. All monetary transactions are
in $US dollars.
Additional features can
be requested at any time. Monthly feature prices are not prorated.
Above Average Hosting
reserves the right to change prices at any time.
Indemnification
Policy
You agree to use all
Above Average Hosting services and facilities at your own risk. Above
Average Hosting specifically disclaims all warranties of merchantability
and fitness for a particular purpose.
In no event shall Above
Average Hosting be liable for any loss, or loss of data, or other
commercial damage, including but not limited to special, incidental,
consequential or other damages.
Customer agrees that
it shall defend, indemnify, save and hold Above Average Hosting harmless
from any and all demands, liabilities, losses, costs and claims, including
reasonable attorney’s fees asserted against Above Average Hosting,
its agents, its customers, officers and employees, that may arise
or result from any service provided or performed or agreed to be performed
or any product sold by customer, it’s agents, employees or assigns.
Customer agrees to defend,
indemnify and hold harmless Above Average Hosting against liabilities
arising out of:
- Any injury to person or property caused by any products sold or
otherwise distributed in connection with Above Average Hosting’s
server;
- Any material supplied by customer infringing or allegedly infringing
on the proprietary rights of a third party;
- Copyright infringement
- Any defective products sold to customer from Above Average Hosting's
server.
Above Average Hosting
shall be the sole judge of what violates this Policy.
Server
abuse policy
If we determine that
any account on our servers is using too much of the server's resources
and therefore abusing the server, we have the right to suspend that
account without notice. It is up to you to contact us and formulate
a plan to get the account activated again. We are quick to suspend
any account that abuses the server's resources due to the shared nature
of the server and the negative impact an abusing account has on other
acount on the same server.
No mass email marketing
or free email businesses allowed!!
We do not allow mass
email marketing sites on our servers. It doesn't matter if it's opt-in
email marketing. We simply do not allow sites of that nature to be
hosted on this shared environment. Sites such as "safe lists"
and "free email" are also strictly prohibited.
We reserve the right
to shutdown such sites, that we consider harmful to the server's performance.
SPAM Policy
Above Average Hosting
is committed to a zero-tolerance, anti-Spamming policy. We prohibit
Spam or any unsolicited commercial email, from being sent either:
Over the Above Average Hosting network, by customers or any other
users of the Above Average Hosting network (including customers' customers);
AND/OR over ANY network— if the message sent advertises or mentions
a site hosted on the Above Average Hosting server.
We react quickly and
seriously to violations, and we further reserve the right to terminate
the services, without prior notice, of any customer disregarding this
policy. Sending unsolicited commercial email (a.k.a. "spam"),
cross-posting messages to a large number of Usenet groups, posting
obscene or threatening messages while using or referring to an Above
Average Hosting email address or web site URL is prohibited. The use
of Above Average Hosting servers as a mail drop for responses to activities
described above is also prohibited.
If your account is involved
in spamming activities and your account is subsequently terminated,
then you do not have the right for a refund. This also includes any
additional services you may have paid for.
No Free
Trial accounts allowed
We forbid the use of
our resources to supply free hosting or free email services. These
free trials and free accounts [subdomain or otherwise] open up the
servers to severe abuse from hackers and spammers. If we find an account
who is offering free trial accounts, or free hosting, we will suspend
that domain. We take this very seriously and there are no exceptions
to this rule.
Content
Policy
All services provided
by Above Average 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, trademark,
intellectual property, material we judge to be threatening or obscene,
or material protected by trade secret and other statute without proper
authorization.
The subscriber agrees
to indemnify and hold harmless Above Average Hosting from any claims
resulting from the use of the service which damages the subscriber
or any other party.
Pornography is prohibited
on all Above Average Hosting servers. This includes sites that may
infer sexual content, or links to adult content elsewhere. Above Average
Hosting will be the sole arbiter in determining violations of this
provision.
Also prohibited are sites
that promote any illegal activity or present content that may be damaging
to Above Average Hosting servers or any other server on the internet.
Links to such materials are also prohibited.
Examples of unacceptable
content or links -
- Pirated software.
- Hacker programs or archives.
- Warez sites.
- Online gambling.
Above Average Hosting
does not host sites of its competitors or web pages promoting sites
of its competitors.
Any illegal activity,
including adult content, links to adult content web sites, online
gambling, spamming or hacking will result in your site being shut
down and all files deleted without warning.
Above Average Hosting
will be the sole arbiter as to what constitutes a violation of this
provision.
SSH Policy
Above Average Hosting
enforces a strict "No SSH" policy. Any domain that uses
a script which can be used to elevate privileges or enable SSH services,
will be instantly suspended.
CGI Scripts
Policy
Each account comes with
its own cgi-bin. You are free to use any CGI scripts you wish other
than these…
- AlienForm (all versions)
- formmail.pl
- Greymatter (all versions)
- Open Webmail
- Ikonboard (all versions)
- IRC Egg Drops & IRC related programs.
- Chat software.
- lstmrge.cgi
- Proxy Servers & Scripts (EX: nph-proxy)
- Shell, SSH, Telnet Scripts and Shell, SSH, Telnet Alternatives (cgitelnet.pl)
- The Anonymizer
- UltimateBBS (all versions)
- YABB + YABB se (all versions)
- Any script that uses & processes a massive number of flatfiles
or large flatfile databases.
…however we reserve
the right to disable any CGI script that affects normal server operation
or service to other Above Average Hosting customers.
Above Average Hosting
is not responsible for scripts that you use in your hosting. It is
your responsibility to ensure your scripts function properly.
Traffic
Policy
Above Average Hosting
allows for very generous traffic unless they offer shareware, sound,
video, image and multimedia archives, are mirror sites or any site
whose primary purpose is file distribution. Above Average Hosting
customers are discouraged from storing any files that cause excessive
traffic on Above Average Hosting servers.
We reserve the right
to refuse service to anyone for any reason not prohibited by law.
Also we reserve the right to terminate service to any customer for
any reason not prohibited by law.
Any deliberate attempt
to cause damage to Above Average Hosting or any other Internet servers
will result in immediate account deactivation without prior notice.
No refund is given in this case.
Backups
Full backups are made
nightly. No guarantees are made of any kind, either expressed or implied,
as to the integrity of these backups. Backups are made for server
restoration purposes only. It is the client's responsibility to maintain
local copies of their web content any information.
The "Backup Manager"
is included in each hosting plan and client can use this tool to back
up their files. If loss of data occurs due to an error of Above Average
Hosting, we will attempt to recover the date for no charge to the
client. If data loss occurs due to negligence of client in securing
their account or by an action of the client, Above Average Hosting
will attempt to recover the data from the most recent archive for
a $50.00 fee.
Above Average Hosting
reserves the right to amend our Terms and Conditions at any time and
without notice. It is a good idea to check back every few weeks to
see any changes and additions.
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