|
Arias Web Hosting (referred hereinafter as 'Arias Web Hosting', 'our', 'we' and 'us') is a web hosting firm. All accounts on our web servers are subject to the terms and conditions described in this document.
Under the terms of this agreement, your placement of information on our servers is an acknowledgement that you have read, understand, and agree to be bound by terms and conditions below. Arias Web Hosting reserves the right to change this policy at any time and without notice.
1. User Conduct
Our services may only be used for lawful purposes. Any use of these services which violates any laws which may apply to Arias Web Hosting, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.
This means that while using our services, you may not:
- Post or transmit any unlawful, threatening, abusive, defamatory, obscene, libelous, offensive, pornographic, indecent, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
- Restrict or inhibit any other user from using and enjoying the Internet.
Arias Web Hosting reserves the right to the final decision on what constitutes abuse.
2. Resource Usage, Unacceptable Content, Banned Scripts, Spam
Users may not initiate the following on our servers:
- Run any process that requires more than 8MB of memory space, more than 30 CPU seconds, or use more than 5% of all available system resources at any time.
- Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any site with adult-oriented content, including but not limited to any pornographic material.
- Run any gambling site.
- Run any site that offers or links to any unacceptable content. This includes, but is not limited to:
- Pirated software
- Hacker programs or archives
- Warez sites
- Install or run any scripts we label as banned. Banned scripts include, but are not limited to:
- UltimateBBS (all versions)
- Ikonboard (all versions)
- All flat-file based forums
- All chat scripts
- All IRC programs and utilities
- IRC Egg Drops
- Proxy Servers
- nph-proxy
- The Anonymizer
- any soap mailers
- FormMail (versions prior to 1.9s)
Arias Web Hosting reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. Arias Web Hosting also reserves the right to make any such modifications in an emergency at our sole discretion.
Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, commonly known as spam. Any user who sends out unsolicited e-mail (Spam) of any kind will have their account terminated without notice.
Accounts cancelled/terminated due to sending of unsolicited e-mail will be billed a breach of service fee in the amount of $500.00 plus $10.00 per complaint received. Any information we collect related to spamming activity may be submitted to law enforcement as evidence for prosecution, without notice.
Using Spam to Advertise Sites on Arias Servers
You may not send spam from ANY source, including your own computer, ISP, or another server, to advertise a site hosted on one of our servers. If you do, the same terms listed under "Spam Policy" above will apply.
3. Indemnification
You agree to indemnify, defend and hold harmless Arias Web Hosting from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, Arias Web Hosting, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and web site content.
4. Refusal or Discontinuation of Service
Arias Web Hosting reserves the right to refuse or discontinue service to anyone at Arias Web Hosting' sole discretion. Arias Web Hosting may deny you access to all or part of the service without notice if you engage in any conduct or activities that Arias Web Hosting in its sole discretion believes violates any of the terms and conditions in this agreement. Arias Web Hosting shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that Arias Web Hosting has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Arias Web Hosting reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. Arias Web Hosting also reserves the right to refuse refunds in cases where Arias Web Hosting believes abuse has taken place.
5. No Warranties
Arias Web Hosting makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Arias Web Hosting or its agents or employees shall create a warranty. Arias Web Hosting provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Arias Web Hosting be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with Arias Web Hosting service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
You understand that by placing information on Arias Web Hosting' servers that such information becomes available to all Internet users and that Arias Web Hosting has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of Arias Web Hosting' servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Arias Web Hosting or on the Internet generally.
Your use of the service is at your sole risk. Arias Web Hosting is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Arias Web Hosting servers.
We will restore customer files from our backup drive, if available, at no charge. Please submit a support request and include a list of the files you need restored and the last date and time you believed these files were correct. Allow 24-48 hours for the complete restoration of your files.
You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by Arias Web Hosting, including restrictions on services available with each service type, restrictions on certain features and all other policies. You agree to abide by any and all future Arias Web Hosting policy decisions.
Arias Web Hosting reserves the right to monitor any and all communications through or with our facilities. You agree that Arias Web Hosting is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.
6. Account Holder Identification Information
You agree that you as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up. The account must then be ordered by a parent or guardian, in their own name. You agree to supply Arias Web Hosting with a current and truthful name, postal address and telephone number for our records. You have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us or to our authorized payment processor(s). You also understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.
7. Sharing of Account Space, Resale Restrictions & Additional Domains
You agree and understand that the account you purchase is purchased either for yourself or on behalf of a client. Arias Web Hosting's plans are not offered as reseller accounts, however you may resell your space if desired. You understand that you are the individual solely responsible for all use of the account. You agree that you are the individual solely responsible for all additional domains added onto your account. A violation of these terms and policies by anyone using your account will be treated as a violation by you.
As stated throughout this site, you may host as many domains as you'd like within your space and bandwidth limits. We do however impose a $1.99 setup fee per every domain after the twentieth (20th) domain, including your first domain. Meaning we will allow up to nineteen (19) additional domains to be added to your account free of charge. Each additional domain added to your account thereafter will require a $1.99 setup fee payable at time of setup. There are no monthly fees for additional domains.
8. Payment & Cancellation Information
You agree to supply appropriate payment for the services received from Arias Web Hosting in advance of the time period during which such services are provided (due each anniversary following the date the account was established (monthly, quarterly, bi-annually, yearly)). You agree that until and unless you notify Arias Web Hosting of your desire to cancel any or all services received, those services will be billed on a recurring basis. Payment invoices and receipts will be sent by electronic mail.
Insufficient Funds Charge
There is a $25.00 fee for every check returned due to insufficient funds.
Credit Card Charge-Back
There is a $25.00 fee for any credit card charge-back determined to have been requested on a legitimate credit card charge.
Bandwidth Overage Charges
Bandwidth overage charges will be billed at the end of the month for accounts that exceed their plan's bandwidth allocation. You will be notified automatically when you near your plan's bandwidth limit. Excess bandwidth is billed at $2.00 per Gigabyte (rounded up) per month.
Accounts more than fifteen (15) days past due will be terminated. Termination does not eliminate your obligation to pay all fees incurred up to the date that Arias Web Hosting terminates your account. If Arias Web Hosting incurs any fees or costs in collecting any past-due amounts, including costs of attorneys or a collection bureau, those fees and costs will be added to the amount you owe.
Cancellation notices must submitted to our help desk. at least two days prior to your next billing date.
We DO NOT provide refunds for prepaid service unless the refund is requested within the thirty (30) day money back grace period.
Accounts cancelled/terminated by Arias Web Hosting for violating our terms of service will not receive any refunds.
Please allow thirty (30) days for processing.
9. Money Back Guarantee
Every plan includes a full thirty (30) day money back guarantee.
If you are not completely satisfied with our services within the thirty (30) day refund time period, you will be given a full refund of the contract amount excluding overages. No refund is available after that period. This policy does not apply to any additional services such as overages, disk space, bandwidth, maintenance fees, etc.
Accounts cancelled/terminated by Arias Web Hosting for violating our terms of service do not qualify for the thirty (30) day money back guarantee. Only first-time accounts are elegible for a refund. This is to protect our refund guarantee from being abused. To receive a full refund, please please submit a ticket on our help desk.
Please allow ten (10) days for processing.
10. Uptime Guarantee
Arias Web Hosting offers all cutomers a 99.5% uptime guarantee on our web hosting services. In the event that your web site is unavailable, meaning the server is malfunctioning and not responding properly to HTTP requests, for more than 224 minutes, at any time, continuous or spread out during a month, you are entitled to receive a full refund for that month's services.
However, Arias Web Hosting will not be held responsible for the following:
- Factors outside of our control, such as heavy Internet congestion or networking failures outside of our network, or problems caused by outside agents.
- Problems caused by the customer's mistakes or oversights, such as failing to pay for domain name registration or renewal fees, or accidentally deleting important files.
- Problems caused by the failure or malfunction of Microsoft FrontPage Server Extensions.
- Failures of third party software (CGI scripts, etc.) installed by and run by the customer.
- Failures caused by custom configurations.
- Sites that are disabled or removed for non-payment, violations of policies, etc.
If you believe your site has been unavailable for more than 0.5% of a month's time, please submit a ticket on our help desk. We will refer to our third-party monitoring service to confirm that the outtage has occurred, and if it meets the guarantee criteria you may choose between a free month of service or a refund of one month's fees.
Please allow ten (10) days for processing.
11. Privacy Policy
In the course of serving its customers, Arias Web Hosting acquires, stores and transmits customer communications and information that customers may regard as private or sensitive. Some of this information (such as the customer's name, address and telephone number) is provided to Arias Web Hosting by its customers in order to establish service. Other information (such as the customer's account status, choice of services and customer logs) is created and maintained by Arias Web Hosting in the normal course of providing service.
Arias Web Hosting will not otherwise disclose its customers' personal and account information unless Arias Web Hosting has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of Arias Web Hosting, Arias Web Hosting's customers, or others, or where Arias Web Hosting has a good faith belief that the law requires such disclosure.
12. Agreement Acknowledgement
This agreement supersedes any written, electronic, or oral communication you may have had with Arias Web Hosting or any agent or representative thereof, and constitutes the complete and total agreement between the parties. Should any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
By placing and continuing to maintain or place information on Arias Web Hosting's servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.
|
