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Terms, Conditions and Acceptable Use Policy Active-Sites, Inc. dba Active-Sites Web Hosting (herein referred to as "Active-Sites") provides Internet World Wide Web page hosting, FTP, MySQL database, and email services. Active-Sites has certain legal and ethical responsibilities regarding the use of its computer network and equipment involved with these services. Active-Sites's general policy is to act as a neutral provider of access to the global internet. Active-Sites has specific ethical concerns regarding the use of its computers detailed below. Active-Sites reserves the right to suspend or cancel a customer's account to any or all services provided by Active-Sites should Active-Sites deem that the account has been inappropriately used, even for events that are not specifically outlined in this document. By acquiring and purchasing service from Active-Sites, you are bound to the terms and conditions stated within this online document (termsofuse.php). Specific Acceptable Use Policies Unauthorized Use of Other Accounts or Computers Active-Sites will strongly react to any use or attempted use of an internet account or computer without the owner's written of verbal authorization. Such attempts include, but are not limited to, social engineering (tricking other people into releasing their passwords), password cracking, security hole scanning, etc. Any unauthorized use of accounts or computers by a Active-Sites customer, whether or not the attacked account or computer belongs to Active-Sites, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, according to the seriousness of the attack. Commercial Advertisements Within Email and Spamware Sending Unsolicited Commercial email advertisements from our servers is stricktly forbidden, and will likely result in account suspension or termination. Commercial advertisements are unwelcome in most Usenet discussion groups and on most Email mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such. Using "instant message software" such as ICQ, AIM, Yahoo Messenger or anything similar to send spam messages are treated identically to email spam and will result in similar action taken against the sender. Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. Email is a person-to-person medium, not a broadcast medium. Upon your first Spam offense your account will be terminated and a maintenance fee of $100 will be billed to your payment method used upon sign up. This is due to the enormous amount of time it takes to serve spamming victims. If customer paid by credit card, they agree to pay this fee as part of the AUP. Sites that provide software or services to acquire email addresses by any means other than confirmed opt-in methods, e.g., harvesting addresses from web pages, newsgroup articles, and online directories, or mining addresses using "dictionary attacks" or automated processes for the purpose of deriving email addresses without the knowledge and consent of the owners of those email addresses will be terminated without issuing a refund. Active-Sites will pursure any legal damages as a result of spamming, or any negative consequenses as a result of spamming from Active-Sites servers. Adult Oriented Websites We do not allow adult oriented websites on our servers due to the fact that they are resource intensive. We do not feel is it fair to our other customers to allow sites that inhibit their performance. We reserve the right to terminate any adult sites that are found on our servers without issuing a refund. Use of Disk Space Your disk space is for your own use only. You may not resell or give away disk space to any third party. Please set your mail software to delete your mail from the server. This will speed up your mail retrieval and will help you avoid excess disk space charges. Mailboxes can quickly grow and consume your disk space allowance if you do not delete your mail from the server. The combined disk space used by databases, email and website files should not go above 50 MB for a Tier I Basic, 100 MB for a Tier II Intermediate, or 250 MB for a Tier III Advanced or your account will be charged at the usual excess disk space rates. File Backups and Restore Although Active-Sites does back up data on our web servers weekly and monthly, it is the users responsibility to back up all files, including but not limited to email, MySQL databases, and your www root directory. Active-Sites's automatic back up system is designed to restore entire file systems in the event of complete disk loss. It is not, however, designed to restore individual user's files or emails. At no time will Active-Sites be liable for lost data, and if asked to restore files for an individual customer outside of a complete file system failure, we may charge up to $150/hr for the service. Customers who use CGI scripts to maintain file-based databases should take precautions to ensure that data is not lost in the event of a shortage of disk space including, but not limited to, over quota errors, reboots, or killed processes. At no time shall Active-Sites be liable in the event a customer CGI application fails to take proper precautions and truncates user data, even in the event of a reboot or shortage of diskspace. Acceptable Resource Usage Active-Sites makes every reasonable attempt to provide an environment suitable for use by its customers for the purpose of an online presence, including sufficient bandwidth and CPU resources. Bandwidth and CPU resources are on an open and "first come first serve" basis whereby bandwidth and CPU resources are allocated in order of who requests them first. In this environment, it is possible for a user to consume more than their share of CPU resources and/or bandwidth and therefore impede the performance of the network and servers as a whole, adversely limiting the resources available to other users. Active-Sites closely monitors the performance of its systems and network. If at any time Active-Sites deems that a user is imposing an unreasonable load on a server or the network (such as an inordinate number of CGI processes, incoming spam, or crashing the mail server), Active-Sites may, at its sole discretion, take any action it deems necessary to correct the problem and free up resources for other users, including but not limited to killing processes or shutting down service for an offending user without notice. Processes should not exceed 2% CPU utilization sustained, and peak at no more than 6% for less than 10 seconds. The number of processes run per day should not exceed 2880, which is one process every 30 seconds. Cronjobs should be limited to running no more than once per hour. Emails sent through our servers should not exceed 1440 per day. Some specific examples of processes that are not allowed are FFA links scripts and sites, webproxies, BNC, IRC and chat scripts, bots, anonymous emailers, daemons of any kind, spiders or web crawling robots, portal sites (Yahoo like sites), network monitoring/probing scripts and denial of service (DoS) attack scripts. In addition, Active-Sites reserves the right to clean out the mail server queue on a bi-weekly basis. This is due to the finite amount of disc space and memory a web server holds, and to control the overwhelming volume of spam an email server receives. If customers do not use the spam filtering software provided with their domain to control incoming spam, that excess volume of spam rotating within the mail queue will be deleted. This may result in wanted and unwanted emailes being deleted. Lawful Purpose Active-Sites reserves the right to refuse service to anyone. Customers may only use Active-Sites's server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, material protected by trade secrets, child pornography and satanic materials. Active-Sites expressly forbids anyone from using Active-Sites's servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way the above, or any other material which we deem to be objectionable. The designation of any materials as such described above is left entirely to the discretion of Active-Sites's management. Active-Sites's services are intended for the end user only. Customers cannot sublease, subhost, or give away control of any portion of Active-Sites's resources. Doing so could result in immediate account cancellation. Active-Sites offers a reseller's program. Your password is considered private and is not to be given out to any third party outside your organization whatsoever. If in the event your password is compromised, it may result in a security breach on your behalf due to irresponsible computing or web browsing habits. Active-Sites is not to be held liable for such action. Payment Policies All accounts are set up on a pre-pay basis. All pricing is guaranteed for the term of pre-payment. Active-Sites reserves the right to change prices at any time. Payment is due each anniversary month or period following the date the account was established. Active-Sites accepts ONLY credit cards for monthly, bi-yearly, or yearly web hosting and email services, and invoiced payments for annual corporate accounts ONLY. Customers who provide a credit card at the time of their order specifically grant us authorization to automatically charge that card for any and all hosting and incidental fees pertaining to that account. Any user requested manual credit card transaction will be assessed a per-transaction processing fee of $2.50. If for any reason the card does not clear with the bank on three attempts, the account is subject to suspension. Any account not brought current within a week of email notice or exceeding this time frame in any way is subject to suspension. If you provide two (2) or more credit card numbers to Active-Sites, either one is considered viable for processing your monthly web hosting fees if one or the other credit card is rejected for any reason. The customer is responsible for all money owed on the account from the time service was established, to the time that the customer properly executes a cancellation request. Payments not received by the first day of the third anniversary month (60 days delinquent) are subject to account suspension. Payments not received by the first day of the fourth anniversary month (90 days delinquent) are subject to account termination. All payments are due up to the time of account termination. Any account not providing full payment for services redered are subject to third party collections agencies. All payment is in U.S. currency. Ohio residents add 6.15% sales tax. Cancellations and Refunds Customers can cancel service any time. The customers account comes with our 30 day money-back guarantee which is only valid for the initial billing period. If you wish to cancel your account, you may do so by filling out the cancellation support request form, or contacting Active-Sites at 330-688-4209. These are the only method we accept for cancellations. Active-Sites reserves the right to cancel service at any time without notice for any reason that Active-Sites deems appropriate. All monthly service fees paid in advance of cancellation will be pro-rated and refunded by Active-Sites if Active-Sites institutes its right of cancellation. If cancellation is caused by the customer's violation of these policies, then no refund is due. If customer initiates cancellation and this cancellation is placed after the first 30 days of the initial billing period, then no refund is due. Each billing period is considered a contract that you are responsible for fulfilling. Indemnification Customer agrees that it shall defend, indemnify, save and hold Active-Sites harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Active-Sites, 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 customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Active-Sites against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Active-Sites's server; (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 customer from Active-Sites's server. Disclaimer Active-Sites will not be responsible for any damages your business may suffer for any reason, including negligence on our part. This includes loss of data resulting from delays, non-deliveries, wrong delivery, lost email, and any and all service interruptions caused by Active-Sites and its employees. Active-Sites makes no warranties of any kind, expressed or implied about the services we provide. Active-Sites specifically disclaims all warranties of merchantability and fitness for a particular purpose. Registration Agreement (for .com, .net and .org): 1. AGREEMENT. In this Service Agreement ("Agreement") "you" and "your" refer to each customer, "we", us" and "our" refer to Active-Sites and "Services" refers to the services provided by us as offered through Active-Sites, the Registration Service Provider ("RSP"). This Agreement explains our obligations to you, and explains your obligations to us for various Services. By selecting our Services you have agreed to establish an account with us for such Services. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel your Services (even if we were not notified of such authorization), this Agreement covers such service or actions. By using the Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be published by us. 2. SELECTION OF A DOMAIN NAME. We cannot and do not check to see whether the domain name you select, or the use you make of the domain name, infringes legal rights of others. If we were asked to register a domain name, the domain name should not be considered registered until a confirmation email is received from the registrar that specifically states "This Domain has been registered". We urge you to investigate to see whether the domain name you select or its use infringes legal rights of others, and in particular we suggest you seek advice of competent counsel. You may wish to consider seeking one or more trademark registrations in connection with your domain name. You should be aware that there is the possibility we might be ordered by a court to cancel, modify, or transfer your domain name. You should be aware that if we are sued or threatened with lawsuit in connection with your domain name, we may turn to you to hold us harmless and indemnify us. 3. FEES, PAYMENT AND TERM. As consideration for the services you have selected, you agree to pay us the applicable service(s) fees. All fees payable hereunder are non-refundable unless we provide otherwise. As further consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information"). You hereby grant us the right to disclose to third parties such Account Information. The Registrant, by completing and submitting the Domain Name Registration Agreement ("Registration Agreement"), represents that the statements in its application are true and that the registration of the selected Domain Name, so far as the Registrant is aware, does not interfere with or infringe upon the rights of any third party. The Registrant also represents that the Domain Name is not being registered for any unlawful purpose. 4. MODIFICATIONS TO AGREEMENT. You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site, or on notification to you by Email or regular mail as per the Notices section of this agreement, Section 20. You agree to review our web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by email or regular mail as per the Notices section of this agreement, Section 20. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), you abide by any such revisions or changes. You further agree to abide by the ICANN Uniform Dispute Resolution Policy ("Dispute Policy") as amended from time to time. You agree that, by maintaining the reservation or registration of your domain name after modifications to the Dispute Policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modifications, you may request that your domain name be deleted from the domain name database. 5. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account information with us, you must use your Account Identifier and Password that you selected when you opened your account with us. Please safeguard your Account Identifier and Password from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your Account Identifier or Password. 6. DOMAIN NAME DISPUTE POLICY. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound the Dispute Policy which is incorporated herein and made a part of this Agreement by reference. If in the event you wish to transfer your domain to another web host provider, and Active-Sites registered your domain for you, there is a $39.00 domain transfer fee to provide you with your own domain control panel, which would entitle you to be the administrative, billing, and technical contact for the domain. 7. DOMAIN NAME DISPUTES. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. For any dispute, you agree to submit to the jurisdiction of the courts of your domicile, the courts of the geographic location indicated by your WHOIS information for your domain name, and the courts of Massachusetts. 8. AGENTS. You agree that, if an agent for you (i.e., an Internet Service Provider, employee, etc.) purchased our Services on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the Dispute Policy. 9. ANNOUNCEMENTS. We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet. 10. LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with respect to any Service(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account Identifier or Password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this Agreement; (6) loss or liability resulting from the development or interruption of your web site or email service. The registrant agrees that we will not be liable for any loss of registration and use of registrant's domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum liability exceed five hundred ($500.00) dollars. 11. INDEMNITY. You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the email service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your domain name. 12. BREACH. You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name or terminate your Email account without further notice. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you. 13. NO GUARANTY. You agree that, by registration or reservation of your chosen domain name, such registration or reservation does not confer immunity from objection to either the registration, reservation, or use of the domain name. 14. DISCLAIMER OF WARRANTIES. You agree and warrant that the information that you provide to us to register or reserve your domain name or register for other Services is, to the best of your knowledge and belief, accurate and complete, and that any future changes to this information will be provided to us in a timely manner according to the modification procedures in place at that time. You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is," "as available" basis. we expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the our email service or that defects in the Services software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the our email service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the email service or any transactions entered into through the email service. No advice or information, whether oral or written, obtained by you from us or through the Email service shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. 15. REVOCATION. You agree that we may delete your domain name or terminate your right to use other Services if the information that you provided to register or reserve your domain name or register for other Services, or subsequently to modify it, contains false or misleading information, or conceals or omits any information we would likely consider material to our decision to register or reserve your domain name. You agree that we may, in our sole discretion, delete or transfer your domain name at any time. 16. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other Services, or to delete your domain name within thirty (30) calendar days from receipt of your payment for such services. In the event we do not register or reserve your domain name or register you for other Services, or we delete your domain name or other Services within such thirty (30) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to register or reserve, or delete your domain name or register you for other Services. 17. SEVERABILITY. You agree that the terms of this Registration Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect. 18. NON-AGENCY. Nothing contained in this Registration Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. 19. NON-WAIVER. Our failure to require performance by the Registrant of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself. 20. NOTICES. Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via email or via regular mail. In the case of email, valid notice shall only have been deemed to have been given when an electronic confirmation of delivery has been obtained by the sender, in the case of notice to us or to the RSP to support@active-sites.com or, in the case of notice to you, at the email address provided by you in your WHOIS record or as updated from time to time. Mail shall be sent to Active-Sites, Inc. (dba Active-Sites Web Hosting), 2431 Becket Circle, Stow, OH. 44224 and to you at the mailing address provided in your affiliate application or as updated from time to time. Any email communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. (EST time) and otherwise on the next business day. Any communication sent via regular mail shall be deemed to have been validly and effectively given 5 business days after the date of mailing. 21. ENTIRETY. You agree that this Agreement, the rules and policies published us and the Dispute Policy are the complete and exclusive agreement between you and us regarding our Services. This Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent. 22. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF OHIO AND THE FEDERAL LAWS OF THE UNITED STATES OF AMERICA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN OHIO AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS. 23. INFANCY. You attest that you are of legal age (18 years) to enter into this Agreement. 24. ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE NETWORK AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT. Active-Sites reserves the right to revise its policies at any time. |
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