All users of AffordableWeb' services, and all customers upon signing up for AffordableWeb' services, agree to comply with AffordableWeb' Acceptable Use Policy ("AUP"). The spirit of the AUP is to ensure customers are using AffordableWeb' services with due regard to the rights of other Internet users and in conformity with the requirements of AffordableWeb' network environment. The AUP is not exhaustive and AffordableWeb reserves the right to add, delete, or modify any provision of its AUP at any time without notice, effective upon either the posting of the modified AUP or notification of the modified AUP. Any complaints about a customer's violation of the AUP should be sent to firstname.lastname@example.org. The AUP supersedes any other agreement with AffordableWeb, whether written, oral, by conduct, or otherwise.
A. AffordableWeb Shared Hosting Customer Restrictions
The following Acceptable Use Policies apply only to AffordableWeb' Shared Hosting customers, and supplement the terms in sections B and C that apply to all AffordableWeb customers:
Server Resources: Any web site that uses 10% of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required) or reduce the resources used to an acceptable level. AffordableWeb will be the sole arbiter of what is considered to be a high server usage level.
DDOS/Attacks: Any account that deploys an attack of any kind against AffordableWeb network resources or other networks will be immediately terminated from the AffordableWeb network. The customer will also be banned from further service with AffordableWeb. Any account that becomes the victim of an attack that immediately impacts the AffordableWeb network or servers will be immediately suspended. Upon suspension, AffordableWeb will investigate the attack and will decide on if the account will continue to be hosted on the AffordableWeb network.
Network Scanning/Hacking: Any customer that engages in network system scanning and or hacking will immediately terminated from the AffordableWeb network. The customer will also be banned from further service with AffordableWeb.
Spamming: Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to AffordableWeb' customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP and referencing in the spam a web site hosted on a AffordableWeb server, and selling or distributing software (on a web site residing on a AffordableWeb server) that facilitates spamming. Violators will be assessed a minimum fine of $200 and will face immediate termination. AffordableWeb reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
Support of Spammers: Any customer that supports, resells or hosts a known spammer will be immediately terminated from the AffordableWeb network. Violators will be assessed a minimum fine of $200 and will face immediate termination. AffordableWeb reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
Scripts: Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. AffordableWeb does not permit script sharing with domains not hosted by AffordableWeb.
Software Distribution: AffordableWeb' Hosting Services allows for distribution of all legal software. Legal means that the customer holds the legal rights or has been given written permission to distribute the software. Attempts to share or store software that is not of legal means will be removed immediately without notice. Further violations will result in termination of the customers Virtual Private Services.
Multimedia Files: Multimedia files are defined as any graphics, audio, and video files. AffordableWeb allows for distribution of all legal multimedia files. Legal means that the customer holds the legal rights or has been given written permission to distribute the multimedia files. Attempts to share or store multimedia files that are not of legal means will be removed immediately without notice. Further violations will result in termination of the Virtual Private Service.
Shared Reseller Services: Reselling of AffordableWeb Shared Hosting is allowed on the AffordableWeb network. Customer agrees to be the first point of contact for all support services. Customer also agrees that all services resold adhere to the AffordableWeb AUP. In the event that the resold customer requests a refund that is out of the AffordableWeb 3 day refund policy, customer agrees not to pursue a refund from AffordableWeb.
Billing for Network Resources: The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer's server to the Internet. The customer may request that the customer's server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.
Customer Security Responsibilities: The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer's account is involved in an attack on another account, server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack.
B. All AffordableWeb Customer Acceptable Use Polices
The following Acceptable Use Polices apply to ALL AffordableWeb customers.
AffordableWeb' services include, but are not limited to:
1. any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers' account (including all billing data and the space on the particular Web server that AffordableWeb provides to customers);
2. any use by customers, or any access provided to customers by AffordableWeb, of computing, telecommunications, software, information, hardware, and equipment;
3. any act, or provision of any service, by AffordableWeb to customers, related to web services and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not;
4. any provision by AffordableWeb to customers, of any space, Internet connectivity, or electrical power;
5. any access or use related to the AffordableWeb' web site, including the web site itself;
6. any other service mentioned in the AUP;
7. any other service provided by AffordableWeb to customers, whether used or not;
8. any other AffordableWeb services that are used by customers, whether offered or provided by AffordableWeb to customers.
Ownership of Service: The legal owner of customers' services with AffordableWeb will be the individual or organization whose name is listed in AffordableWeb' database as the owner. Customers will fully cooperate with and abide by any and all of AffordableWeb' security measures and procedures in the event of any dispute over ownership of customers' services with AffordableWeb.
Illegal Use: AffordableWeb servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing AffordableWeb services, all AffordableWeb customers certify that they and/or the organization they represent in procuring services from AffordableWeb are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, re not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
Spamming: Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to AffordableWeb' customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP and referencing in the spam a web site hosted on a AffordableWeb server, and selling or distributing software (on a web site residing on a AffordableWeb server) that facilitates spamming. Violators will be assessed a minimum fine of US $200 and will face immediate termination. AffordableWeb reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
System and Network Abuse: Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Viruses and Other Destructive Activities: Use of AffordableWeb' services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use AffordableWeb' services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
Copyright Violations: The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All AffordableWeb customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a AffordableWeb customer (per the DMCA) to AffordableWeb must follow the below procedures. Copyright infringement notifications submitted to AffordableWeb according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at AffordableWeb' sole discretion.
Adult Content: Pornography is not allowed on the AffordableWeb network. Furthermore, any illegal content will be forwarded over to the proper authority.
Customer Responsibility: Customers are required to use the AffordableWeb network responsibly. This includes respecting the other customers of AffordableWeb. AffordableWeb reserves the right to suspend and/or terminate service with any customer who uses the AffordableWeb network in such a way that adversely affects other AffordableWeb customers. While AffordableWeb may monitor its service electronically to determine that its facility is operating satisfactorily, as a general practice, AffordableWeb does not monitor its customers' communications or activities to determine whether they are in compliance with the AUP. However, when AffordableWeb becomes aware of any violation of the AUP or other user agreements, AffordableWeb may take any action to stop or correct such violation, including, but not limited to, denying access to AffordableWeb' services and equipment or to the Internet. In addition, AffordableWeb may take action against a customer or a customer of such customer because of the activities of such customer. AffordableWeb anticipates that customers who offer services will cooperate with AffordableWeb in any corrective or preventive action that AffordableWeb deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of AffordableWeb policy and AffordableWeb reserves the right to take any such action even though such action may affect other customers of the AffordableWeb customer.
Actions Taken by AffordableWeb: The failure by a customer to meet or follow any of the AUP is grounds for account termination. AffordableWeb will be the sole arbiter as to what constitutes a violation of the AUP. AffordableWeb reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When AffordableWeb becomes aware of an alleged violation of its AUP, AffordableWeb will initiate an investigation. During the investigation, AffordableWeb may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, AffordableWeb may, at its sole discretion, restrict, suspend, or terminate a customer's service and/or pursue other civil remedies. If such violation is a criminal offense, AffordableWeb will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the AUP if it is illegal, irresponsible, or constitutes disruptive use of the Internet. AffordableWeb does not issue credits for outages incurred through service disablement resulting from AUP violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by AffordableWeb.
Indemnification: AffordableWeb customers agree to protect, defend, hold harmless, and indemnify AffordableWeb, any third party entity related to AffordableWeb (including, without limitation, third party vendors), and AffordableWeb' executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as AffordableWeb, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of AffordableWeb' services.
Disclaimer: The AffordableWeb service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. AffordableWeb expressly disclaims any representation or warranty that the AffordableWeb service will be error-free, secure or uninterrupted. No oral advice or written information given by AffordableWeb, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. AffordableWeb and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Termination for Bankruptcy or Insolvency: If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, AffordableWeb may immediately terminate provision of AffordableWeb' services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against AffordableWeb in such event.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL AffordableWeb (INCLUDING, WITHOUT LIMITATION, AffordableWeb' EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS AffordableWeb, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING AffordableWeb' SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSE SINCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR AffordableWeb SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY AffordableWeb SERVICES EVEN IF AffordableWeb HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AffordableWeb' TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE AUP OR AffordableWeb' SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY AffordableWeb OR AffordableWeb' REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
Modifications: AffordableWeb may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with AffordableWeb' services. Certain changes to AffordableWeb' services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and AffordableWeb is not liable, for any and all such personalized applications and content, except as expressly agreed to by AffordableWeb in written form.
Backup of Data: Except where AffordableWeb has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and AffordableWeb is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with AffordableWeb services.
Third Party Licenses: AffordableWeb makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively ?Technologies?), part of which may be licensed, or co-branded, from or by, third party entities. However, AffordableWeb makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, AffordableWeb specifically disclaims all warranties of merchantability and and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold AffordableWeb liable in any way for the revocation of any license, which has been licensed to AffordableWeb. The use of the Technologies obtained from or through AffordableWeb, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.
Non-AffordableWeb Products: Any mention of non-AffordableWeb products by AffordableWeb, its employees, or any third party entity related to AffordableWeb is for information purposes only and does not constitute an endorsement or recommendation by AffordableWeb. AffordableWeb disclaims any and all liabilities for any representation or warranty made by the vendors of such non-AffordableWeb products or services.
AffordableWeb' Intellectual Property: Customers will not, without AffordableWeb' express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on AffordableWeb' web site, and customers will not use any of AffordableWeb' trademarks, service marks, copyrighted materials, or other intellectual property without AffordableWeb' express written consent. Customers will not, in any way, misrepresent their relationship with AffordableWeb, attempt to pass themselves off as AffordableWeb, or claim that customers are AffordableWeb.
Assignment: Customers may not assign or delegate their rights or obligations under the AUP or other agreement for AffordableWeb' services, either in whole or in part, without the prior written consent of AffordableWeb.
Minimum Age Requirement: AffordableWeb customers must be at least 18 years of age. Any individual under the age of 18 years (?Minor?) must have a parent or guardian accept the AUP in order for the Minor to become a AffordableWeb customer. A parent or guardian who accepts the AUP on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the AUP, including the timely and full payment of the charges for AffordableWeb services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains AffordableWeb' express written consent to the contrary. Any acceptance of the AUP or any other agreement for AffordableWeb' services will be deemed null and void to the extent that AffordableWeb will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of AffordableWeb' services.
Governing Law and Severability: The AUP, and any other agreement for AffordableWeb services, will be governed by and construed in accordance with the laws of the State of Oregon , USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and AffordableWeb will take place within the State of Oregon, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the AUP or other AffordableWeb agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the AUP or the agreement will continue in full force and effect.
Delay in Performance: AffordableWeb will not be liable for delays in its performance of the AUP or AffordableWeb services caused by circumstances beyond AffordableWeb' reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively ?Force Majeure?). AffordableWeb will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due. Waiver and Amendment any waiver, modification, or amendment of any provision of the AUP or other agreement for AffordableWeb services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of AffordableWeb.
Independent Contractors: Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between AffordableWeb and its customers. Each of AffordableWeb customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
C. All AffordableWeb Customer Billing Policy
The following Acceptable Use Policy constitutes AffordableWeb' Billing Policy and apply to ALL AffordableWeb customers:
Payments: All charges are shown in Canadian Dollars. Payments are to be made in Canadian dollars. AffordableWeb accepts the following types of payment: - Credit Card (VISA, MasterCard, American Express, Discover) and Paypal.
All payments are due on the Account Statement Date. The Account Statement Date is the first day of each month. If you provide AffordableWeb your credit card information, you authorize AffordableWeb to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with AffordableWeb' Billing Policy in the AUP. Charges subsequent to your initial order will accumulate in your account until such charges exceed $.01. AffordableWeb will then automatically charge your credit card on the next Account Statement Date. You are responsible for directly updating, or notifying AffordableWeb, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status).
Customers not paying by credit card agree to make payment of their balance due within three (3) days of the Account Statement Date.
Accounts that are three (3) days past due will be automatically suspended and terminated after five (5) days. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees.
Billing Cycles (Terms)
All additional features added to an account are charged monthly. Additional items are non-refundable.
Account Renewals: In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan's Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.
Statements: AffordableWeb does not mail paper invoices or statements. Statements can be viewed and printed through AffordableWeb' ePortal Member Area. Customers may elect to receive their monthly account billing statement via email. This option may be selected in ePortal Member's Area.
- Returned (NSF) Checks
AffordableWeb charges a $25.00 fee for returned (NSF) checks. Customers that issue an NSF check will be required to submit future payments with a certified check or money order.
- Credit Card Chargebacks
A $25.00 chargeback fee will be assessed for each credit card chargeback received by AffordableWeb.
Customers that wish to reactivate a closed account will be assessed a $15 reactivation fee.
- Service Changes
Customers electing to change to a lower priced service plan on the same platform will not be charged downgrade fee. There is no upgrade fee for upgrading to a higher priced plan, however, you will be charged any difference between the setup fee applicable to your new and former plans.
- Platform Change
Customers that elect to change plans to a different operating system platform will not be charged a platform change fee.
- Account Splits and Mergers
AffordableWeb encourages customers to merge services contained in two or more accounts into one account. There is no fee for this service. Customers may also request that AffordableWeb separate one or more services contained under one account into separate accounts.
Cancellations: Services will automatically renew until a plan is cancelled. In order to cancel service, you must use the REQUEST CANCELLATION button under each service within your ePortal Member Area. Please be aware that there are no refunds after the first 3 Days of service.
Cancellation requests must be received by AffordableWeb a minimum of 5 (5) days prior to the end of your Billing Cycle for dedicated server plans and a minimum of three (3) days prior to the end of your Billing Cycle for all other plans. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day before your Billing Cycle renewal. AffordableWeb will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact AffordableWeb as soon as possible.
AffordableWeb does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, your ISP, or any other secondary issues not directly related to AffordableWeb' services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. AffordableWeb Networks reserves the right to cancel any account, at any time, without notice, for any reason AffordableWeb Networks considers appropriate.
3 Day Money Back Guarantee: Each of AffordableWeb' services carries a 3 Day unconditional money back guarantee. If you are not completely satisfied with our services or support within the first 3 Days, you will be given a full refund of the fees paid in advance (excluding setup fees) upon service cancellation. The following services do not qualify for the 3 Day Money Back Guarantee: control panels; domain name registration; bandwidth overages.
Refund Policy: Refunds are only available in accordance with the 3 Day Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after 3 Days.
Credit Card Disputes/Chargebacks: AffordableWeb has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at AffordableWeb' discretion. A charge of $25.00 per chargeback will be assessed to all accounts that receive a chargeback.
Billing/Price Changes: AffordableWeb' policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.