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Terms of Service

- Updated 04/08/2004 -

A1 Web Server provides web hosting to many clients, and we have a responsibility to protect each client and to provide the best services available. The following guidelines were established to ensure these obligations are met.
 

CONTENT

All services provided by A1 Web Server 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 A1 Web Server and its employees from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and sex-related merchandising is STRICTLY prohibited on all A1 Web Server servers. This includes sites that may infer sexual content, or links to adult content elsewhere. A1 Web Server will be the sole arbiter in determining violations of this provision. Accounts in violation of our obscenity policy WILL BE DELETED WITHOUT NOTICE. A fine of $250 will be assessed to any person who attempts to use an A1 Web Server account to distribute pornography.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to A1 Web Server servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

  • Pirated software

  • Hacker programs or archives

  • Warez sites

    A1 Web Server will be the sole arbiter as to what constitutes a violation of this provision.

    BULK EMAIL

    Spamming, or the sending of unsolicited email or Bulk Email, from an A1 Web Server server or using an email address or domain that is maintained on an A1 Web Server machine as a reference or using a page hosted on A1 Web Server to process orders for or support any such domain is STRICTLY prohibited. Accounts in violation of our spamming policy WILL BE DELETED WITHOUT NOTICE. A1 Web Server will be the sole arbiter as to what constitutes a violation of this provision.

    CHAT ROOMS

    We do not allow clients to install their own chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option.

    BACKGROUND RUNNING PROGRAMS

    We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

    IRC

    We do not allow IRC or IRC bots to be operated on our servers.

    SERVER ABUSE

    Any attempt to undermine or cause harm to a server, or customer, of A1 Web Server is strictly prohibited.

    REFUSAL OF SERVICE

    We reserve the right to refuse, cancel, or suspend service at our sole discretion.

    LIMITATION OF LIABILITY

    A1 Web Server shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from A1 Web Server servers going off-line or being unavailable for any reason whatsoever. Furthermore, A1 Web Server 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 A1 Web Server servers. All damages shall be limited to the immediate termination of service.

    Violations of these Acceptable Uses Policies should be referred to abuse@a1webserver.com

    All complaints will be investigated promptly.

    Failure to follow any term or condition will be grounds for immediate account deactivation.

    MONEY BACK GUARANTEE

    A1 Web Server is pleased to offer a money-back guarantee within 30 days of your account activation should we fail to provide satisfactory service. We do not refund Domain Name registration fees. Furthermore, A1 Web Server will not and can not be responsible for any fees that you charge for your services to your customers.

    DISCLAIMER

    A1 Web Server 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. The extent of any compensation for down-time shall be the hosting fee charged for the month in which the down-time occurred. Certain services provided by A1 Web Server are resold. Thus, certain equipment, routing, software, and programming used by A1 Web Server are not directly owned or written by A1 Web Server. Moreover, A1 Web Server holds no responsibility for the use of our client's accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as A1 Web Server sees fit.

    DATA LOSS & BACKUPS

    As a convenience to our customers we regularly back up the files included in a customers website, and we generally have these available for restoration when a customer suffers data loss.

    HOWEVER, we DO NOT guarantee the existence, completeness or restorability of any particular backup at any point in time. We encourage our clients to regularly back up their own data as a prudent measure to guard against data loss. Absent a written guarantee from us, we cannot be held responsible for any data loss incurred by the client regardless of circumstances.

    BILLING POLICIES

  • Invoices will be sent via email monthly, quarterly, semi-annually or annually as the client chooses.
     

  • Clients should pay invoices in full within 15 days of receipt. 
     

  • A late payment fee of $10.00 will be charged for any invoice which is more than 15 days overdue.  
     

  • A late payment fee of $10.00 will be charged for any invoice which is more than 15 days overdue.  
     

  • Credit card billing is done on a recurring basis unless we agree, in writing, to a different billing method. This means that we will assume you are renewing your account unless notified, in advance, of your desire to cancel.
     

  • Accounts will be suspended for non-payment if 30 days overdue.
     

  • Accounts will be terminated for non-payment if 45 days overdue.
     

  • Suspension or termination of an account does not relieve the client of responsibility for any monies owed to A1 Web Server previous to the account being terminated. If A1 Web server is unable to collect final payment within 30 days of the end of service, the debt will be referred to a collection agency.

    ACCOUNT CANCELLATION

    To cancel your account, please send an email to support@a1webserver.com instructing us to cancel your account, and telling us the exact date you wish to cancel.

    ACCOUNT ACTIVATION

    By activating your account with A1 Web Server, you agree to the above policies and disclaimer. Upon requesting an account activation, you are required to accept these policies, guidelines, and disclaimer and a copy of your acceptance is forwarded along with your activation request to be maintained within your account information. Any and all legal questions or disputes shall be decided in the immediate vicinity of Carson City, Nevada.

    NOTICE: If you sign up for an account and do not follow our terms. No refunds will be given. We will however let you know by email or phone before any action is taken you will have a chance to solve the matter.

    FURTHERMORE, A1 Web Server retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.  A current copy of the Terms Of Services will be maintained at:

     http://a1webserver.com/tos.html

    It is the clients' responsibility to keep themselves informed of the contents of the TOS by regularly checking this website.

     

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