Web Hosting Policies (please read before signing up)
You must accept these terms of service in order to use our
hosting service. These terms of service may be updated as needed
at any time without notice. The main purpose of this agreement
is to protect all users on our servers.
Read these terms of service carefully and return here frequently.
1.) Suspension
Violation of these terms of service could result in suspension or removal of
your account depending upon the circumstances. Suspension means that your account
is put into a limbo state and is unreachable through any means. During suspension
no files are lost or altered. Accounts found to be running a script which is
causing a very high cpu load or mail script being used to send spam will almost
always be suspended without notice to prevent further damage. Poorly written
scripts must be removed in order for us to restore your service. Reports of
spam are taken very seriously usually resulting in immediate account suspension
and investigation without notice. We reserve the right to suspend any or all
accounts held by you without notice if we deem it necessary to do so.
2.) Scope of Service
Our servers and pricing has been designed to be low cost and therefore, in
that spirit we are simply providing basic http, mail & ftp level hosting
services. This means that applications or scripts set up by users to run
on the server which cause high CPU load may be asked to move to a dedicated
server.
High CPU load is defined as using an average of more than 2% of the server
processor in a 24 hour period beginning and ending at midnight, as determined
by our server.
Script support or other "how-to" services are not provided. It is the responsibility
of the user to become learned in setting up and administering their account
including script installs, file permissions, uploading procedures, etc. All
script engines are checked many times per day to be sure that they work server
wide. Support will be strictly limited to making sure that running scripts
is possible by running our test script. Avalon Web Site Design Web Hosting
may, however, be able to answer script or how-to related questions via email ( support@avalonwebsitedesign.com ).
3.) Limitation of Liability
You expressly understand and agree that Avalon Web Site Design Web Hosting
shall not be liable for any direct, indirect, incidental, special, consequential
or exemplary damages, including but not limited to, damages for loss of profits,
goodwill, use, data or other intangible losses (even if Avalon Web Site Design
Web Hosting has been advised of the possibility of such damages), resulting
from: (I) the use or the inability to use the service; (ii) the cost of procurement
of substitute goods and services resulting from any goods, data, information
or services purchased or obtained or messages received or transactions entered
into through or from the service; (iii) unauthorized access to or alteration
of your transmissions or data; (iv) statements or conduct of any third party
on the service; or (v) any other matter relating to the service.
4.) Content
All services provided by Avalon Web Site Design Web 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,
material we judge to be threatening or obscene, or material protected by
trade secret and other statute. The subscriber agrees to indemnify and hold
harmless Avalon Web Site Design Web Hosting from any claims resulting from
the use of the service, which damages the subscriber or any other party.
4.1) Pornography and sex-related merchandising are
prohibited on any Avalon Web Site Design Web Hosting server. This
includes sites that may infer sexual content, or link to
adult content elsewhere. This is also true for sites that
promote any illegal activity or content that may be damaging
to Avalon Web Site Design Web Hosting servers or any other
server on the Internet. Links to such materials are also
prohibited. This policy is in effect because of the excessive
load this material puts on our servers and bandwidth, and
the legal ramifications of such sites.
4.2) You agree to not use the Service to:
upload, post, email, transmit, or otherwise make available any content that
is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically, or otherwise objectionable.
5.) Examples of non-acceptable content or links
Pirated software
Hackers programs or archives
Warez Sites
Adult Sites
Illegal MP3s
Avalon Web Site Design Web Hosting will be the sole arbiter
as to what constitutes a violation of this provision. Any websites
found in violation of this policy will be canceled and any
resulting monetary damages to us will be multiplied by a factor
of two (2) and charged to the account holder.
6.) Chat Rooms
We do not allow clients to install their own CGI chat rooms. These tend to
be large system hogs and we cannot allow it as a account option. We do provide
a choice of JAVA chat rooms for a small charge that more than fill your needs
and run without hindering the performance of the machine for others.
7.) Background running programs
We may allow programs to run continually in the background, these are considered
on a one to one basis and an extra charge will be incurred based on system
resources used and operational maintenance needed.
8.) IRC
We currently do not allow IRC or IRC bots to be operated on our servers. Examples
include but are not limited to:
- Any IRC Bouncers such as, but not limited to, psyBNC.
- IRC Eggdrops.
- Proxy Servers
Any account found to be running IRC or IRC bots or proxy servers will be canceled
immediately.
9.) SSH (secure shell)
Secure shell access is available to customers by request. SSH is not set up
by default.
10.) Discussion Forum Scripts
To protect all users, please use the following guidelines:
You are encouraged to use PHP MySQL based discussion scripts
whenever possible. Flat file discussion scripts such as Ultimate
Bulletin Board (UBB) are not allowed. Scripts
which are found to be using excess system resources will be
asked to move to a dedicated server or be disabled. This is
to protect all users on our servers. A dedicated server will
increase your monthly hosting fees.
11.) BANNED SCRIPTS
The following are scripts which either cause a great load on our servers or
pose a serious security risk, therefore can not be run on our servers.
Any gaming server software
UltimateBBS (all versions)
Ikonboard (all versions)
IRC Egg Drops
Proxy Servers
nph-proxy
The Anonymizer
any soap mailers
These scripts are on the banned list because they can have a serious impact
on the rest of our user accounts.
12.) Commercial Advertising - Email or Usenet
Spamming, or the sending of unsolicited email, from a Avalon Web Site Design
Web Hosting server or using an email address that is maintained on a Avalon
Web Site Design Web Hosting machine is STRICTLY prohibited. Equally, any email
or usenet spam which points to any domain hosted on an Avalon Web Site Design
Web Server will result in immediate suspension of that domain name account
and a full investigation. Any form mail script running on your account is done
at your own risk. Ignorance of the risks of such scripts is no defense. Avalon
Web Site Design Web Hosting will be the sole arbiter as to what constitutes
a violation of this provision.
Reports of spam are given top priority if you have arrived at this page in
the course of a spam investigation and wish to report abuse send all details
and headers to support@avalonwebsitedesign.com as soon as possible.
13.) Server abuse
Any attempts to undermine or cause harm to an Avalon Web Site Design Web Hosting
server or customer of Avalon Web Site Design Web Hosting is strictly prohibited.
No user is allowed to use more than 15% of the server's resources. In the
event there is a problem the account holder will be notified. If the user
continues to use more than 15% of the server's resources the account will
be suspended.
14.) Damages
If you violate these terms of service and it results in damage to our servers
or causes Avalon Web Site Design Web Hosting any additional expense or legal
fees you agree to compensate us in full for the amount of monetary damages
multiplied by a factor of two (2) as determined by us.
15.) Liability
Avalon Web Site Design Web Hosting is in no way responsible for down time either
resulting from a users actions, or natural fluctuations in Internet consistency.
Avalon Web Site Design Web Hosting will however, do everything within it's
power to assure that each and every client site is up as consistently as
possible.
16.) Indemnity
You agree to indemnify and hold Avalon Web Site Design Web Hosting harmless
from any claim or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of your Content, your use of the Service,
your connection to the Service, your violation of the TOS, or your violation
of any rights of another.
17.) Billing
You are HIGHLY encouraged to use PAYPAL for hosting payments. The reasons range
from ease of bookkeeping to their automatic billing cycle. If mailed in payments
become a chronic problem, you will be encouraged to sign up for the PayPal
Echeck package. If you do not wish to do this, we may have to make other
arrangements including (but not limited to) suspending your account until
all fees are paid.
Avalon Web Site Design Web Hosting's billing period is typically
every 30 days. If using PayPal, each account may be automatically
debited each month for the total amount due, until email notice
of cancellation is received and confirmed. If the credit card
on file is declined for any reason or check/money order isn't
received, the customer will receive notification via email.
Response to this email is required within 24 hours. In the
event there is no response from the account holder, the account
will be suspended until payment is received. After the account
has been suspended for 30 days it will be deleted. You agree
that any chargeback action through your credit card company
on your part will not release you of your debt. Any and all
chargebacks will impose additional fees of $100.00 per chargeback
plus collection, filing and legal costs.
18.) Refunds (30 day guarantee):
We hope that you are fully satisfied with your hosting from us, but in the
event that you are not, we offer a 30 day money back guarantee. Refunds are
not made on accounts canceled due to violation of our terms of service.
19.) Refunds (past first 30 days):
While we will do everything in our power to make your hosting experience with
us as satisfactory as possible, we can in no way please everyone all the
time. Refunds past 30 days are subject to review and partial months can not
be refunded. We must reserve the right to use our business discretion in
refunds past 30 days.
20.) Canceling Service
To cancel service, send an email to Support@avalonwebsitedesign.com indicating
that you wish to cancel service. Please supply your account username and password
for verification purposes, or we will need to verify via email for your protection.
We will immediately stop recurring billing on your account at PayPal and delete
your account at the end of its current billing cycle for the domain name or
domain names affected.
Once canceled, you should receive confirmation from us and your billing service
(PayPal).
Sign up for hosting HERE
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