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VIRTUAL HOSTING

JSP SERVLET HOSTING

RESELLER HOSTING

DEDICATED SERVERS
 
 
TERMS OF SERVICE
 
 
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Description

Assorted Internet Ventures LLC (The Company) agrees to furnish services to the Customer, subject to the following Terms of Service (TOS).

Use of AssortedInternet.com services constitutes acceptance and agreement to the TOS as listed here.

The TOS may be changed from time to time at the discretion of the Company. The Customer understands that change to the TOS by the Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of Hawaii, county of Kauai applicable to contracts enforceable in that state. Venue will be Kauai County, Hawaii.

Limitation of Liability

The Company shall not be responsible or liable for any material, financial or other damages to the Customer beyond the total amount paid by the Customer for web hosting services rendered by The Company.

For example: if the Customer has paid a total of $100 for web hosting services, the maximum liability of the company for any material, financial or other damages shall be $100.

Indemnification

The Company wishes to emphasize that in agreeing to the TOS, The Customer indemnifies The Company for any violation of the TOS that results in loss to the Company or the bringing of any claim against The Company by any third-party. This means that if The Company is sued because of a Customer's or a Customer of a Customer's activity, the Customer will be fully financially responsible for any damages awarded against The Company, plus all applicable costs and attorney's fees.

Legal Usage

This TOS specifically prohibits the use of our service for illegal activities. The Customer may not use our service to perform or facilitate any unlawful activity.

The governing law in all cases will be that of the United States, the State of Hawaii and the County of Kauai.

SPAM and Unsolicited Commercial e-mail (UCE)

The Customer may not use our service or server facilities to send out unsolicited or permit the mailing of UCE or SPAM e-mails to anyone, anywhere at anytime. There are no exceptions to this policy. We use several technology tools to track the source of each and every e-mail sent from our servers. Rest assured, if you send SPAM, we will find out.

In addition, the Customer may not advertise a web site hosted by the Company using UCE or SPAM from other networks. The Customer may not use SPAM or UCE to promote a domain hosted on our servers. Regardless of where the SPAM or UCE was sent from, it may not be used to direct the recipient to any domain name served on our servers. Users found to be using SPAM or UCE to promote a domain on our servers will have their accounts suspended or terminated at the sole discretion of the Company.

For our customers who have legitimate mailing lists and opt-in subscription services - we ask that you keep detailed records of user subscriptions. If we receive complaints about your mailings, you will need to provide proof that the receiving user has opted to receive your mailings.. If you cannot provide reasonable proof that the user requested the mailing, it will be considered SPAM.

Violations of this policy will result in immediate account suspension. Accounts will only be re-activated once the Company is satisfied that the Customer will no longer participate in SPAM or UCE.

Every violation of this policy after the first violation will result in account suspension and a $250 Reativation Fee for every SPAM or UCE e-mail reported to abuse@assortedinternet.com. User accounts WILL NOT be reactivated until such fees are paid. The Customer will be held liable for this fee and will be pursued in court and/or by collection agencies if necessary to collect the Fees. Accounts with unpaid fees for more than 30 days may be terminated at any time.

In addition, the Customer will be financially liable for any and all financial damages incurred by the Company as a direct or indirect result of SPAM or UCE.

In short, do not send SPAM, do not send UCE.

System or Network Abuse

The Customer may not use the Company's service or facilities to abuse common facilities on the Internet.

This includes willful proliferation of viruses, denial of service attacks, mail bombing, using a nonexistent mail address, excessive cross posting in USENET, or any other activities that are malicious and abusive.

In addition, The Customer may not use server or network facilities unless specifically authorized. This includes the use of IP addresses, server usernames and/or network services not specifically assigned to The Customer.

Support Boundaries

The Company provides 24 / 7 technical support for the Customer.

The Company limits technical support to the services and features specifically provided and listed as included with our web hosting services. This includes all services and features advertised as part of the Company's web hosting services on the AssortedInternet.com web site.

The Company will make a good-faith effort to assist the Customer in all problem areas. However, the Company will not provide support for third party or custom developed applications that are not part of our standard offered web hosting services. This includes things like 3rd party shopping carts, CGI scripts, PHP applications, Java code, or custom software configurations.

Support for third party or custom developed applications can be provided as an additional fee-based service should the Customer require it. Support for third party or custom developed applications can be provided for an additional "Special Support Service" fee of $100 per hour. All Special Support Services are billed in 1/2 hour increments, with a 1/2 hour minimum.

Misuse of System Resources

The Customer may not use the Company's service or facilities to perform any functions other than hosting web sites. The Customer may not use our servers to run any background processes. In addition, the Customer may not use the Company's service or facilities for any purpose other than web hosting.

This includes but is not limited to IRC bots, chat bots, game servers, cracking programs, SETI at home, or any other program not directly related to web hosting.

The Customer will need prior approval from The Company before running any background process on our web servers. Unauthorized background processes will be terminated and programs removed from the server without notice and at the sole discretion of the Company. In addition, repeat violations of this policy may result in suspension or termination of the Customer's account.

Problem Resolution Procedure

In most cases, the Customer will be notified via e-mail of violations to this policy and given a chance to correct them. If problems are not corrected within 24 hours, or the violations are of a severe nature, the account may be suspended or terminated immediately without refund.

The Company retains final judgment and authority to determine the resolution to violations of the TOS.

30 Day Money Back Guarantee

We offer clients of our shared hosting services a 30 Day Money Back Guarantee. For complete details, visit:

http://www.assortedinternet.com/hosting/learn-about/30-day-money-back-guarantee.jsp

All Dedicated Server purchases are NON-REFUNDABLE. The 30 day money back guarantee does not apply to Dedicated Server purchases.

99% Uptime Guarantee

We offer clients of our shared hosting services a 99% Uptime Guarantee. For complete details, visit:

http://www.assortedinternet.com/hosting/learn-about/99-percent-uptime-guarantee.jsp

All Dedicated Server purchases are NON-REFUNDABLE. The 99% uptime guarantee does not apply to Dedicated Server purchases due to the nature of the service provided.

Backup and Data Retention Policy

We create and maintain backups of only a limited set of client files, e-mail, databases or other data that is stored on our servers. Specifically, we provide backups of the previous day's data for Shared Hosting, JSP Servlet Hosting, Bulk Reseller Hosting and Basic Reseller Hosting accounts. It is possible due to technical constraints that backups may be more than one day out of date.

Dedicated Servers are not backed up by the Company.

The Company creates and maintains backups on a best efforts basis only. We do not make any specific guarantee regarding the availability of backup copies of client files, e-mail, databases, or other server data in the event of a disaster. Such disasters could include, but are not limited to: accidental deletion, hardware failure, software failure, natural disaster, or power surges.

We very strongly recommend that clients make and maintain their own regular backups of critical files and data.

Termination of Service Policy

Unless otherwise specifically stated in a specifically worded, written contract with The Company - web hosting service accounts with The Company can be terminated at any time by either The Company or the client, for any reason.

Client Account Termination Policy

Should the client wish to cancel services with The Company, notice must be provided via our online helpdesk within 10 days of receiving invoice for services located at:

http://www.assortedinternet.com/perldesk/

The Company reserves the right to require written confirmation of the cancellation request, should The Company deem it necessary. If The Company chooses to exercise this right, the client must provide a written, signed document indicating their request to cancel their account. This document can be delivered via email, FAX or via traditional postal mail.

Billing & Payment Policy

Methods of Payment:

Payments for web hosting services can be made with:

  • Credit Cards, including VISA, Master Card, American Express, and Discover
  • Paypal Funds (can be Credit Card, from Bank Accounts, or existing Paypal funds.)
  • Paper Check

Payment via Wire Transfer IS NOT accepted at this time.

New Accounts:

New Web Hosting service accounts will not be setup prior to receipt of the initial service fees, including setup fees -- if applicable. Exceptions to this policy can be made to existing clients, or under very special circumstances with management approval.

Existing Accounts:

Invoices for existing accounts are delivered via email to the client email address on file with The Company five days prior to the due date.

If the client has paid for their web hosting services with a credit card, invoices will automatically be processed and charged to the credit card on file, on the due date of the invoice. If a problem occurs with the credit card on file, The Company will notify the customer via email to the client email address on file. That email will include instructions on how to make alternate payment arrangements, including but not limited to using a different credit card.

If the client is making payment via Paypal or Paper Check - the client will need to send payment for each Invoice.

Overdue Accounts:

An account is considered overdue if it has at least one invoice more than 1 day overdue. Overdue accounts are handled in the following manner:

  • 1 to 5 days Overdue: Email sent to client with instructions on making alternate payment arrangements.
  • 5 to 30 days Overdue: Client account will be suspended until overdue payments are made in full.
  • 30 or more days Overdue: Clients will be given a final 24 hour notice to make payment via email to the email address on file. After 24 hours, if payments are not made to bring an account up to date, the client account will be terminated.

Amendments to this Agreement

The Company reserves the right to modify or otherwise amend the TOS at any time, without prior notification.

Customers can always visit this page:

http://www.assortedinternet.com/hosting/faq/faq-usage.jsp

to view the most recent version of the TOS.

Complaints

Complaints or Violations of this TOS should be forwarded to abuse@assortedinternet.com

 

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