Terms of Service
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Terms of Service |
Aj's Hosting Company
Aj's Computer Systems, Inc., an South Dakota Business located at 1104 East Cherry St, Vermillion, SD 57069
(hereinafter referred to as ACS) and any divisions, agrees to provide, and the
User agrees to receive, access to the ACS Hosting according to the following
terms and conditions:
You must be a at least 18 years of age and legally able
to enter into contracts to qualify for ACS Hosting Service. The parent or legal
guardian of any minor under 18 years of age accepts full responsibility for the
actions of said minor regarding use of ACS Hosting Service.
ACS reserves the right to limit User to one free trial
or promotion that cannot be combined with other offers. User is responsible for
all use of User's account(s) and confidentiality of password(s).
ACS reserves the right to suspend access to service for
User's account(s) upon an indication of credit problems including, but not
limited to, delinquent payments. Neither ACS nor its Providers or Subsystems
are responsible for any damages arising from User's use of or inability to use
ACS Hosting Service.
ACS reserves the right to change without notice the ACS
Hosting Service, including, but not limited to, access procedures, hours of
operation, menu structures, commands, documentation, vendors, and services
offered.
ACS reserves the right to delete User's personal files
and/or e-mail on the server after one or both parties terminates agreement. The
following violations are grounds for immediate suspension of service pending
investigation by ACS and may result in termination of the account(s) which the
investigation determines to have originated or transmitted these types of
traffic, and further legal action:
>User may not send unsolicited mass e-mailings or
unsolicited bulk communications (i.e. to more than 25 users), including e-mail,
instant message, chat service, or other forms, which provoke complaints from
the recipients.
?Similarly, User may not authorize others to use Account or
sub-accounts to send unsolicited bulk communications, or to cause unsolicited
bulk communications to be sent by someone else.
?User may not harvest or collect information about ACS
users from ACS Services, including screen names, and use that information for
the purpose of sending unsolicited bulk communications or other personal
purposes
User agrees that ACS may take any legal and technical
action necessary to prevent unsolicited bulk communications from (a) entering,
(b) being utilized, or (c) remaining within ACS's
networks, User engaging in either (a), (b), or (c) from a provider other than
ACS and using an ACS account as a mail drop for responses, and/or continued
harassment of other individuals on the Internet after being asked to stop by
those individuals and by ACS.
User must register in their own
name and provide true and current information. ACS will open an Account for
User when registration is completed. User will select (or ACS will assign) a
primary screen name that will be identified with Users Account for the life of
Account. User may use this primary screen name to log onto ACS and to send
e-mail. User will not be able to change primary screen name; however, depending
on Users plan, User will have the opportunity to open sub-accounts by creating
additional screen names.
Screen names may not be vulgar, used by someone else,
or used to impersonate someone else. ACS may use its sole discretion to reject
the use or assignment of a screen name. All ACS Wireless Internet Service
screen names affiliated with Users Account are the property of ACS and, at ACSs sole discretion, expire upon the cancellation or
termination of Users Account. Impersonating another user or otherwise
falsifying one's user name in e-mail, Usenet postings, on IRC, or with any
other Internet service is grounds for termination of account(s). (This does not
preclude the use of nicknames in IRC or the use of anonymous re-mailer
services.)
Monthly fees must be paid on a timely basis to maintain
User's privileges. Monthly charges will continue regardless of use unless User
notifies ACS in writing that User wishes to cancel services, which User may do
at any time after agreement expires. When paying by check, User expressly
authorizes ACS to debit User's checking account for the amount of a check
returned unpaid by User's bank, plus a $35 returned check fee.
The User is in default of this Contract if:
a) Any User covered by this contract fails to obey any
present or future ACS rule or regulation; OR
b) ACS does not receive a monthly payment on or before
its due date; OR
c) Any material statement by the User in this contract
is false.
ACS is not responsible for e-mail stored on the ACS
mail servers. ACS may terminate Users account (and delete all information
related to account) immediately if not paid in advance or if User is found in
breach of this agreement. In either case, no refund will be paid. ACS may also
terminate Users account if ACS decides, in their sole discretion, to
discontinue offering accounts, in which event ACS will pay a pro-rated refund.
Consuming excessive bandwidth is a violation of this
contract and will result in bandwidth being restricted, with no change in
monthly charges . ACS Hosting Service offers 99.9%
uptime. This dictates that ACS will not be held responsible for times when the
service may be down for a short period of time, either for monthly updating, or
other problems.
ACS will not sell or share personal information of User
with other companies.
ACS is not held responsible for security issues. Such as stolen credit card information or any other personal
information. We cannot ensure that all private email will remain
private. ACS is not responsible if User receives a virus: User will be required
to pay all costs of repair in this case to ACS or to choose another company for
repair.
If User violates this term and distributes such
content, ACS may, without prior notice, ban User from any and all services,
terminate Users registration, delete Users messages or postings, and take any
other action deemed appropriate in the sole discretion of ACS.
This contract shall terminate upon death of the
contract signer; however, as to corporate or business entities shall be binding
successors in interest or assignees.
This document, and the rights and duties of the
parties, shall be governed by and interpreted according to the laws of the
State of
Content
All services provided 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, material we judge to be
threatening or obscene, or material protected by trade secret and other
statute. The subscriber agrees to indemnify and hold us harmless from any
claims resulting from the use of the service which damages the subscriber or
any other party. All provisions of ACS Service Agreement apply to the User's
Principal Account and Associate Accounts billed to the Principal Account. The benefits
of, or rights presented by, this agreement are non-transferable. The Use of ACS
accounts is expressly limited to the name that appears on the account of the
individual or business. The User agrees to use this service in a manner
consistent with any and all Official laws, including, but not limited to Local,
State, and Federal Laws. In the event that this account is not used in
accordance with all Official Laws, ACS reserves the right to cooperate with any
or all law enforcement agencies. The User agrees to follow the Acceptable Use
Policy of any network to which user connects, including ACS hosting Service
system. ACS Acceptable Use Policy may be found at
http://www.ajshosting.com/terms.html.
Pornography and sex-related merchandising is prohibited
on all our servers. This includes sites that may infer sexual content, or links
to adult content elsewhere. Also prohibited are sites that promote any illegal
activity or present content that may be damaging to our servers or any other
server on the Internet. Links to such materials are also prohibited.
The user is responsible for there username and password. Aj's Hosting is not responsible for what is on the servers, the user is responsible for the content that is on there server and site. We offer a 99.99% uptime. User must continue to pay for service even for down time. Aj's Hosting will not offer compensation for the down time.
Examples of unacceptable content or links:
We will be the sole arbiter as to
what constitutes a violation of this provision.
Commercial Advertising - Email: Spamming, or the
sending of unsolicited email, from our server or using an email address or
domain that is maintained on our machine as reference is STRICTLY prohibited.
We will be the sole arbiter as to what constitutes a violation of this
provision.
Server Abuse: Any attempt to undermine or cause harm to
a server, or customer is strictly prohibited. We also may move your site or
request cancellation if you use a majority of system resources which affects
other users. Refusal of Service: We reserve the right to refuse, cancel, or
suspend service at our sole discretion.
All accounts and customers using our services must
adhere to the above policies. Failure to follow any term or condition will be
grounds for immediate account deactivation.
Payment
Customers who are on recurring monthly plans are due
for automatic billing from their credit card one month after their sign up
date, and every month thereafter, on or about the same day of the month.
If your credit card information has changed, then you
must notify us immediately so we may change this information. If on your bill
date, your credit card is declined, or payment is not made, you will get a
notice that your account will be suspended in 5 days. If after this notice and
5 days has passed your account may be interrupted temporarily and an email will
be sent to the address on file to notify you of this problem. If payment is not
arranged within 14 days, we will close your account, and any files will be
lost. All prices are in US Dollars (USD). Any other payments, such as check or
bank transfer must be received to be posted by the due date for your account. If at anytime payment is made in advance, payment is not
refundable, unless it is fraud, ie. Client
pays for 2 years of hosting and wants to cancel at any point in time, the
payment is non-refundable, and early termination fees apply as well.
Credit Card Payments
We are happy to accept Visa, MasterCard, and Discover cards for
payment. We use various fraud prevention methods to protect us, our merchant
account, our bank and the customer who owns the credit card being used. This
includes tracking the IP number and ISP of the person who is using the credit
card, verifying the card matches the Zip Code and Address of the cardholder. If
anyone attempts to obtain service using a fraudulent or unauthorized credit
card, your hosting account will be terminated without warning, we will have the
right to place an 'account suspended' page on your IP, and we will cooperate
with authorities to report the incident and the information used to obtain the
account including your domain name. We will also bill you for all charges to
us, including but not limited to bank fees, amounts charged back, plus 5%. We
take credit card fraud very seriously. If you have received a credit card
statement with our name on it, and did not order our services, please email us
immediately. Your credit card statement will be billed as AJ's Computer
Systems. You also authorize us to run your credit card at each term. You agree
that any point in time you will not do a charge back on us.
You will be responsible for any charge back fees, court
fees, attorney fees, and any other fees. ACS agrees that they will not sell or
allow any other company to get access to your credit card information. You
agree to allow ACS to do a force charge on your account even if you dont have
the funds to cover it. You also agree that if ACS does a force charge on your card, that ACS is not responsible for any bank charges or
over limit charges, associated with the force charge, or with the first
payment. If ACS runs the card and is decline the transaction you have 14 days
to get the payment submitted to ACS, failure to do so will result in immediate
termination of the account plus will be taken further actions. This meaning
that decline non payment will result in early termination of the contract
resulting in the fees below.
Cancellation
If for any reason you are not satisfied with our services,
please let us know. We build our services around making hosting simple for the
customer and want you to be happy. If for some reason we cannot meet your
needs, you may notify us and we will discontinue your account during the first
30 days of service. You have 30 days to decide if you are satisfied with our
service. After 30 days the contract below applies.
Offered Storage Size
We add additional disk space by requests at $10 per gig
additional monthly charge. If requesting the additional storage you agree that
you must 1) be already utilizing 80% storage capacity with the files being
stored directly utilized for the website 2) not be utilizing storage capacity
for emails 3) agree to have storage increased in 1000 MB increments up to the
allotted maximum free storage offer.
Please contact us and
request it with the text "My site is already used XXXX Mb of YYYY Mb allowed.
Please add additional 1000 Mb of the disk space."
Excessive Resource Usage
Any web site that uses an excessively high amount of
server resources including but not limited to CPU time, memory, and network
bandwidth will be given an option of either upgrading their service level or
reducing the resource used to an acceptable level.
Spamming Not Permitted
You must not use any Aj's Hosting equipment or any Aj's Hosting
email address in connection with the transmission of spam, flames, mail bombs, or
substantially similar, unsolicited email messages. Your domain may not be
referenced as originator, intermediary, or reply-to address in any of the
above. This shall include the sending of unsolicited mass mailings from any
other service that in any way implicates the use of the Aj's Hosting equipment
or any Aj's Hosting email address. A message is considered to be unsolicited if
it is posted in violation of a newsgroup charter or if it is sent to a
recipient who has not requested or invited the message. Simply making one's
email address accessible to the public will not constitute a request or
invitation to receive messages, for purposes of enforcing this provision.
When any customer is found to have been engaged in
spamming in violation of this agreement, Aj's Hosting
reserves the right to disable that customer's web site without warning. In
addition, Aj's Hosting may impose a $200 penalty for each spam policy
violation. Aj's Hosting solely reserves the right to refuse or cancel service
to spammers. Aj's Hosting reserves the right to determine what violates this
policy. As such, any violation may result in cancellation of services without
refund. Such cancellation of services for cause, specifically the reasons
provided herein, shall automatically void Aj's Hosting 30 Money Back guarantee.
Refusal of Service
Aj's Hosting reserves the right at its sole discretion
to refuse or cancel service. Violation of any of Aj's Hosting Rules and
Regulations could result in a warning, suspension, or possible account
termination. Accounts terminated due to policy violations will not be refunded
including during the 30 Day money back guarantee period.
Contract
By signing up for AJ's Hosting service user automatically
agrees to a two (2) Year term Payments every 6 months of $37.50. Account must
be current before any terminations are allowed. Failure to stay with us for the
term will result in a $150 early termination fee. If you get a domain name
through us, you must stay with us for 2 years failure to do so will double the
early termination fee. You will not be locked into a contract if you sign up on
a non commitment setup, you will still be responsible for letting us know in
writing that you wish to do terminate your service. Failure to do so you will
still be charged the monthly service rate. If failure to continue the monthly
service fee with out letting us know you will be responsible for all previous
balance, and current, also the court cost and attorney fees. User is
responsible for all lawyer and court fees and all past and current and future
billing.
__________________________________ _____________________________
Signature Owner of Ajs Computer Systems
Site: (Aj Towne)
Web Space __________
Email Space __________
__________________________________ _____________________________
Printed Name Printed Name
__________________________________ _____________________________
Date Date
Credit Card Number________________________________
Exp.__-__-200_ CCV_______