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.