Terms of Service

Last Updated June 21st, 2010

Overview:

These Terms of Service ("Agreement") are an agreement between ablehosting.com ("we", "us", or "our"), and you ("User", "you", or "your"). This agreement sets in place the terms and conditions for the use of any products and services set forth by ablehosting.com. Please read carefully to ensure you understand our terms before purchasing any of our products or services. You may view Privacy Policy and Refund Policy.

1- Account Eligibility

a. By registering for and using our services, you represent that:
- You are at least 18 years of age. The services are intended for use by users who are 18 years and older. Any registration, use of, or access to our services by anyone under 18 is a violation of this Agreement.
- If you use our services on behalf of another party, you agree that you are authorized to bind such other party to this agreement and to act on such other party's behalf with respect to any actions you take in connection with the services.

b. It is your responsibility to provide accurate, and updated customer information on registration forms. The email address that you use to sign up must be different from the domain that you are signing up with. If there is a reason for us to contact you, we will contact you using this email address.

c. You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the security of your account.

d. Any dedicated IP order is subject to IP justification. IP justification policies may change to comply with the Asia Pacific Network Information Centre (APNIC), American Registry for Internet Numbers (ARIN) and Réseaux IP Européens Network Coordination Centre (RIPE).

2- Indemnification Policy

You agree to use all ablehosting.com services and facilities at your own risk. ablehosting.com specifically disclaims all warranties of merchantability and fitness for a particular purpose.
ablehosting.com will not be liable for any loss, loss of data, other commercial damage, including but not limited to special, incidental, consequential or other damages.
Customer agrees to indemnify and hold harmless ablehosting.com, their affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.
Customer agrees to defend, indemnify and hold harmless ablehosting.com against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with ablehosting.com’s server.
ablehosting.com reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from ablehosting.com’s server. ablehosting.com shall be the sole judge of what violates this Policy.

3- Website Migrations

Our website migration service is provided as a courtesy. Our team will make every effort to help move your website to us, but we do not make any guarantees regarding the availability, possibility, or time required to transfer an account. Our free migration service is available for 30 days after your sign-up date. Transfers outside of the 30 day period will incur a charge transfer fee unless otherwise asked.

4- Payments

(a). Fees:
Fees are payable in advance on the first day of each billing cycle. Customer's billing cycle shall be monthly, quarterly, semi-annually or annually as indicated on the Order, beginning on the Service Commencement Date. Their are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.
(b). Refunds:
Payments to ablehosting.com are non-refundable except for the first payment which falls under the fifteen (15) day money back guarantee. Only shared and reseller services are eligible for the fifteen (15) day money back guarantee unless otherwise asked. The fisteen (15) day money back guarantee is not valid upon any terms of service or acceptable use policy violations.
(c). Late Payments:
All accounts are billed according to the dates they were first activated on. You agree to pay for the services on time. Unpaid invoices will result in temporary suspension of your services. Invoices are generated 7 days before the renewal date and your account gets suspended 7 days after the renewal date if the invoice is not paid until that time. Your services will be terminated if it was not paid within 3 days after it was suspended. If you want us to restore it after it was terminated because of non-payment, and if we have a backup of the terminated services you will have to pay $25 one-time fee plus all the renewal fees. We do not guarantee we will have a backup of your data after it was terminated.

5- AUP

All services provided by ablehosting.com 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.
Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will may inform you when and why action has been taken.
Pornography is prohibited on all ablehosting.com servers. This includes sites that include sexually explicit or hardcore images and/or advertising.
Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials.

6- Content Policy

(a). You may be able to upload, store, publish, display, and distribute information, text photos, videos, and other content on or through our services (collectively referred to as, "User Content"). User Content includes any content posted by you or by users of any of your websites hosted by us. You are solely responsibly for ensuring that User Content complies with this agreement.
(b). We exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through our servers, networks, or points of presence. We does not monitor User Content. You agree and acknowledge that we may take corrective action in our sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate and and all Services without refund if you violate the terms of this Agreement. You hereby agree that ablehosting.com will have no liability due to the corrective action that may taken by us.
(c). Certain types of content are not permitted on our network. Content relating to Hacking, Cracking, Warez and IRC is not allowed. HYIP (High Yield Investment Programs), Ponzi schemes or pyramid schemes, proxy sites are not permitted on our network. Software downloads may only be hosted if you are the writer and copyright owner of the software, all other software including freeware, shareware and trial software is forbidden.
(d). You may not allowed to offer any free services like free e-mail, free hosting, free image hosting and similar free services without prior approval. Customers may not start background processes on the server or anything which needs to bind to ports on the server.

7- Account Security

a. It is your responsibility to ensure that scripts and programs installed under your account are secure and that permissions of directories and files are set properly, regardless of the installation method. Users are ultimately responsible for all actions taken under their account, including the compromise of credentials such as username and password.
b. The services, including all related equipment, networks, and network devices are provided only for authorized customer use. We may, but is not obligated to, monitor our systems to ensure that use is authorized to facilitate protection against unauthorized access, to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, or copied and used for authorized purposes. By using our services, you consent to monitoring of network services for these purposes.
c. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. This includes but is not limited to denial of service attacks, brute force attacks, email spam, and web spam.

d. Any account which causes us to receive an abuse report may be suspended or terminated if you do not remove malicious content after being notified.

8- Zero Tolerance Spam Policy

Any kind of bulk mail activity is not allowed from our network without prior permission. We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and purchased lists (Opt-in) will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

9- Resource Usage Policy

a. Daemons/Servers/Shell:
Under no circumstances are you allowed to run any daemons, servers or compile anything under your account without direct permission from AbleHosting management. Shell access is meant to be used solely with basic file system usage.
b. System Resources:
You’re not allowed to use an excessive amount of system resources for an extended period of time. If your account is found to be utilizing a large amount of resources we will contact you and give you further information. Under extreme cases suspension may be necessary until the issue can be resolved.
c. Cron Usage:
You may not have cron jobs in intervals lower than 15 minutes a part.
d. Account Limitations:
You may use your account for web hosting only but not as a backup facility for automated backups or things of that nature. If you’re unsure if your intended use violates this TOS please contact us so we can clarify it for you.
e. Inode Limits:
All shared hosting plans are limited to 500,000 inodes. Each account owned by a reseller hosting plan is limited to 500,000 inodes. VPS plans do not have an inode limit.
f. Disk Space Usage (Unlimited Plans):
Your account may not be used as a storage and/or backup space for files/archives. Regular backups of databases, websites, etc, are permitted within reason. Any account found to be using an excessive and/or unreasonable amount of disk space may be asked to reduce their usage or face suspension/termination. AbleHosting reserves the right to suspend/terminate any service for resource abuse at their discretion.

10- Backups and Data Loss

Our backup service is provided to you as a courtesy. ablehosting.com is not liable for any damages or data loss that arise from the use of our services. Customers agrees to use our services on their own risk.

ablehosting.com highly recommends that all customers retain up to date backup copies of their data off site for disaster recovery purposes.
You should have your own recent data backups in the event data loss or corruption occurs. Our remote backup service runs once a week, overwrites any of our previous backups made, and only one week of backups are kept. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to by ablehosting.com.

Any account using more than 2 GB of disk space usage will be removed from our off site backup.
Dedicated servers/VPS are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. It is your responsibility to maintain backups.

11- Suspension/Termination

(a) Suspension of Service.
Customer agrees that AbleHosting may suspend services with or without notice and without liability.
(b) Termination.
AbleHosting reserves the right to terminate the agreement or deny services at any time with or without notice and without liability.

12- Dedicated Servers/VPS

ablehosting.com reserves the right to reset the password of a dedicated server/VPS if the password on file is not current so that we may do security audits as required by our datacenter.
ablehosting.com reserves the right to audit servers/VPS as needed and to perform administrative actions at the request of our datacenter.

13- Communication with Staff

You may communicate with our staff in polite manner. If you are rude with us, We reserved the rights to refuse you to provide our services anymore. In this case we will give you 72 hours to find another hosting provider and to move your data.

14- Uptime Guarantee

a. If your shared or reseller server has a downtime that falls short of our 99.9% uptime guarantee, you may receive 1 month of credit on your account. This uptime guarantee does not apply to planned maintenance or Act of God. Server uptime is defined as the reported uptime from the operating system and the web server which may differ from uptime reported by other services. To request an uptime credit, please open a ticket with our Billing department.
Please note that uptime guarantee claims must be submitted within 7 days of the actual downtime.
b. Uptime guarantee for dedicated servers include only network uptime. Uptime guarantees for VPS include only network uptime and server uptime.
c. Events including but not limited to failure of a part, a DDoS attack, or an Act of God are exempt from the uptime guarantee.

15- Resellers

a. Resellers are responsible for providing support to their clients unless otherwise asked. If a reseller's client contacts us, we reserve the right to place the request on hold until the reseller contacts us directly. Resellers must contact us directly for security purposes.
b. Resellers are responsible for the content stored and transmitted under their reseller accounts.

16- DISCLAIMER

ABLEHOSTING.COM DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW ABLEHOSTING.COM DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS.

ablehosting.com cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by ablehosting.com are resold. Thus, certain equipment, routing, software, and programming used by ablehosting.com are not directly owned or written by ablehosting.com.
Moreover, ablehosting.com holds no responsibility for the usege/content of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be deactivated on request. All damages shall be limited to the immediate termination of service.
ablehosting.com shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from ablehosting.com servers going off-line or being unavailable for any reason whatsoever. Furthermore, ablehosting.com shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of ablehosting.com servers.

ablehosting.com retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.

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