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Terms and Conditions Definitions
Initial Setup We will setup the Customer's web hosting account, as ordered, usually within 12 hours of receiving the order. Any domain(s) ordered will be registered or transferred only after the Customer is paid in full. Payment must be received within three (3) days of the initial order to the account will be terminated, and any and all data uploaded will be lost. Acceptable Content All services must only be used for lawful purposes as governed by the United States of America and Canada. The Company will not host material that will infringe upon others' intellectual work, material that may be hateful or obscene, or any material that could be deemed as pornography. Unacceptable uses for our hosting services include, but are not limited to: IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited. The Company reserves the right to remove any material that we deem to be obscene, threatening, or not in good faith with the Terms. You must respond to our e-mails within a 48 hour period. Failure to respond will result in the suspension or even termination of your account. Potential harm to minors is strictly
forbidden, including but not limited to child pornography or
content perceived to be child pornography (Lolita): It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. Please also note that any violations for illegal materials will be reported to the appropriate law enforcement agencies. Also, if you have *any* doubts whatsoever about the legality of material, please contact AceSuite at support@acesuite.net. We will be more than happy to tell you if something is acceptable under the Terms. No Tolerance for Spam The Company does not tolerate the use of any account for spam. Any user caught sending out spam, or any variant thereof as deemed by the Company, may have their account terminated immediately. Payment Information All payments are due, via PayPal, no later than three days after the Customer's initial purchase. Unless the Customer cancels, the Customer automatically agrees to pay the required fees on a recurring basis as deemed by the initial sale. We reserve the right to change any monthly charges with 30 days prior notice. Within this time the Customer can either cancel the service or agree to the charges. The Customer may cancel their service at anytime. Within 30 days of signup, the total amount of the web hosting portion (not inclusive of domain registration fees - valued at $9.95 per year) will be refunded. After the 30 days, refunds will be processed on a prorated basis for any unused time. Any costs to register the domain name will not be refunded under any circumstances. Cancellations due to violations of the Terms will not be refunded. Use of Resources The Customer may not:
Please also note that when using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php"), please use include("include.php"). Every month you are allocated a certain level of bandwidth. If you pass this amount, we reserve the right to suspend your account until the next billing cycle month. The Customer will usually, but not always, be given the opportunity to purchase additional bandwidth. The Company is not responsible, however, for providing the Customer with the excess bandwidth, and is idemnified from any losses incurred from the service outage. Indemnification Customer agrees that it shall defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against the Company, 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 its Customers, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless the Company against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with the Company; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from the Company's server. Arbitration By using any of the Company's services, you agree to submit to binding arbitration. If any disputes or claims arise against the Company or its subsidiaries, such disputes will be handled by an arbitrator of the Company's choice. An arbitrator from the Canadian Arbitration Association will be selected in the province of Ontario. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration. Disclaimer The Company shall not be responsible for any damages your business may suffer. AceSuite makes no warranties of any kind, expressed or implied for services we provide. The Company disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by the Company and its employees. Disclosure We will never, ever sell,
rent, or give away your personal information. We do reserve the
right, however, to login to your customer account as needed.
Examples include, but are not limited to, instances whereby a
claim is submitted against the Company and allegations of
copyright infringement. The Company may disclose any subscriber
information to law enforcement agencies without further consent
or notification to the subscriber upon lawful request from such
agencies. We will cooperate fully with law enforcement agencies. The Company reserves the right to revise its policies at any time without notice. Continued use of the services represents the Customer's consent to any changes.
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