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Prior to 02/23/2006 - THIS IS NOT A CURRENT AGREEMENT
View the current agreement
Introduction
This is a contract between you (hereinafter referred to as "Client"),
and Adaptive Hosting Solutions, Inc (hereinafter referred to as "AHS".
Please read it carefully, as it governs the use of Adaptive Hosting Solution's
services (hereinafter referred to as "the Services").
By accepting this contract, the signer affirms that he or she:
- Is 18 years of age or older.
- Is an officer of the company for which he or she is signing, and is confirming
that that company has authorized him or her to enter into legally binding
agreements on its behalf (if signing for a company).
This contract shall be governed by the laws of the State of Florida.
AHS may, at its sole discretion, make changes to this contract, as long as
at least thirty (30) days advance notice is provided to Client. Notice may be
provided in writing, by electronic mail, or by the posting of said notice on
a web page at AHS' main web site, http://www.adaptivehostingsolutions.com/.
Term and Termination
Unless otherwise specified by a separate agreement between Client and AHS, the
term of this agreement is month-to-month. Barring a breach of this contract,
either Client or AHS may terminate this contract; notice must be given in writing
on, or prior to, the desired date of termination. AHS will give the Client 30
days notice prior to termination. The Client may terminate this contract at
any time.
In the event of a breach of this contract, the party sustaining damage as a
result of the breach may terminate the contract immediately, without prior advance
notice.
Payment; Extension of Credit
Payments are to be made using US currency only. Payments are only acceptable
from Clients residing in the United States or Canada. Mastercard, Visa, American
Express, Discover Card and check payments (with prior authorization from AHS
)are currently accepted.
Services billed on a recurring basis are billed in advance. For example, a
service paid quarterly, rendered between January 1st and March 1st of 2004,
is billed on January 1st of 2004 for the period covering January 1s, 2004 to
March 1st, 2004..
Unless otherwise specified by a separate agreement between Client and AHS,
balances for products or services rendered are due upon receipt of invoice.
All billing notices from AHS to the Client will be provided via email to the
contact email address on file for the account. It is the Client's responsibility
to ensure their email address is active. All billing messages will be sent from
the address billing@adaptivehostingsolutions.com. Clients using spam filtering
software should add this address to their system to allow billing notices to
be received. AHS may, at it's sole discretion, use alternate contact methods
to contact the Client regarding billing notices.
The Client will be notified on the renewal date of their service to update
their payment information if automatic billing was unsuccessful. If payment
is not secured within seven days after the renewal date, AHS will send the Client
a reminder to update their payment information. If payment is not secured within
fourteen days after the renewal date, AHS will send the Client a second reminder.
If payment is not secured within twenty-one days after the renewal date, a suspension
notice will be sent and service will be suspended. The Client can update their
payment information and once payment is secured, a suspended account will be
activated. Suspended accounts not activated 30 days after the suspension date
will be considered abandoned and canceled. Cancellation of an account will result
in AHS permanently removing all the Client's data from it's systems. Cancellation
of an account results in termination of this contract.
Balances more than 45 days past due may be referred to a collections agency
and/or an attorney. Client will bear all of the costs incurred in the process
of collecting the past due balance(s), including but not limited to attorney's
fees and court costs.
Services will be refunded the remaining balance on account on a prorated basis
upon termination of service.
Check payments returned due to insufficient funds will be assessed a fee of
$25 or the maximum amount allowed by law in the state in which Client resides
or does business, whichever is less. Repeated returned payments will result
in the filing of, at AHS' sole discretion, either civil or criminal complaints.
Acceptable Use
Systems connected to AHS' computers or networks shall not be configured in any
way which obscures system identity information.
Using AHS-owned or managed servers, or Client-owned computers colocated at
facilities operated by AHS or an affiliated company, for the following purposes,
will be considered a breach of contract:
- Unauthorized access. Using the Services to access, or to attempt to access,
the accounts of others, or to penetrate, or attempt to penetrate, security
measures of AHS' or another entity's computer software or hardware, electronic
communications system, or telecommunications system, whether or not the intrusion
results in the corruption or loss of data.
- Posing as an officer, member or employee of AHS or another organization,
with the intent to compel another person to offer financial information, credit
card or bank account numbers, social security numbers or other sensitive information
or information of a personal nature. This activity is commonly known as "Phishing"
and not only is it a violation of AHS' AUP, it may also be a violation of
applicable local, state and federal laws. AHS reserves the right to report
Phishing activity to local, state and federal law enforcement agencies and
to other organizations affected by this activity when, in AHS' sole discretion,
such reports are necessary.
- Transmission, distribution or storage of any material in violation of any
applicable law. This includes, without limitation, material protected by copyright,
trademark, trade secret or other intellectual property right used without
proper authorization, and material that is obscene, defamatory, constitutes
an illegal threat, or violates export control laws.
- Harm to minors. Using the Services to harm, or attempt to harm, minors in
any way.
- Threats. Using the Services to transmit any material (by email, uploading,
posting, or otherwise) that threatens or encourages bodily harm or destruction
of property.
- Harassment. Using the Services to transmit any material (by email, uploading,
posting, or otherwise) that harasses another.
- Fraudulent activity. Using the Services to make fraudulent offers to sell
or buy products, items, or services or to advance any type of scam, including
but not limited to "pyramid schemes," "Ponzi schemes,"
and "chain letters."
- Forgery or impersonation. Adding, removing or modifying identifying network
header information in an effort to deceive or mislead is prohibited. Attempting
to impersonate any person by using forged headers or other identifying information
is prohibited. The use of anonymous remailers or nicknames does not constitute
impersonation. Using deliberately misleading headers ("munging"
headers) in USENET news postings in order to avoid spam email address collectors
is allowed, as long as the individual munging headers does so in a way that
will not cause the message to be posted with a valid e-mail address controlled
or owned by someone else. (The use of a separate address that the poster owns
or controls, however, is specifically permitted.)
- Reselling the Services without AHS' authorization.
- Sending Unsolicited Bulk Email ("UBE", "spam"). The
sending of any form of Unsolicited Bulk Email through AHS' servers is prohibited.
Likewise, the sending of UBE from another service provider advertising a web
site, email address or resource hosted on AHS' servers, is prohibited. AHS
accounts or services may not be used to solicit customers from, or collect
replies to, messages sent from another Internet Service Provider where those
messages violate this Policy or that of the other provider.
- Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing
list without the express and verifiable permission of the email address owner
is prohibited. All mailing lists run by AHS' Clients must be Closed-loop ("Confirmed
Opt-in"). The subscription confirmation message received from each address
owner must be kept on file for the duration of the existence of the mailing
list. Purchasing lists of email addresses from 3rd parties for mailing to
or from any AHS-hosted domain, or referencing any AHS account, is prohibited.
(Any AHS Client moving a mailing list from another service provider is required
to reconfirm all of the addresses on the list.)
- Advertising, transmitting, or otherwise making available any software, program,
product, or service that is designed to violate this AUP or the AUP of any
other Internet Service Provider, which includes, but is not limited to, the
facilitation of the means to send Unsolicited Bulk Email, initiation of pinging,
flooding, mail-bombing, denial of service attacks.
- Operating an account on behalf of, or in connection with, or reselling any
service to, persons or firms listed in the Spamhaus Register of Known Spam
Operations (ROKSO) database at www.spamhaus.org.
- Obtaining or attempting to obtain service by any means or device with intent
to avoid payment.
- Unauthorized access, alteration, destruction, or any attempt thereof, of
any information of any AHS Clients or end-users by any means or device.
- Using the Services to interfere with the use of the AHS network by other
Clients or authorized users.
- Actions which may cause AHS to be listed on one of the major anti-abuse
Internet blocklists.
Each AHS Client is responsible for the activities of its users and, by accepting
service from AHS, is agreeing to ensure that its Clients/representatives or
end-users abide by this Policy. Complaints about Clients/representatives or
end-users of a AHS Client will be forwarded to the AHS Client for action. If
violations of the AHS Acceptable Use Policy occur, AHS reserves the right to
terminate services with or take action to stop the offending Client from violating
AHS' AUP as AHS deems appropriate, without notice.
Domain Registrations and Transfers
If you register a domain through Adaptive Hosting Solutions or transfer a domain
to us, the Registrar for this domain will be Tucows, Inc. AHS is an authorized
reseller of Tucows and will provide all customer service, billing, and management
for domains names registered through or transferred to AHS. By registering or
transferring a domain to AHS, you agree to be bound by the following agreements:
Blogware
If you are using our Blogware blog hosting service (for both paid and trial
accounts), you agree to the following terms:
Customers shall not:
(i) upload, post, transmit or otherwise make available any content that is unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically or
otherwise objectionable or harms minors in any way;
(ii) impersonate any person or entity, including, but not limited to, an AHS
official, forum leader, guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
(iii) forge headers or otherwise manipulate identifiers in order to disguise
the origin of any content transmitted through the Service;
(iv) upload, post or otherwise transmit any content that you do not have a right
to transmit under any law or under contractual or fiduciary relationships (such
as inside information, proprietary and confidential information learned or disclosed
as part of employment relationships or under nondisclosure agreements);
(v) upload, post or otherwise transmit any content that infringes any patent,
trademark, trade secret, copyright, rights of privacy or publicity, or other
proprietary rights of any party;
(vi) upload, post, or transmit unsolicited commercial email or "spam".
This includes unethical marketing, advertising, or any other practice that is
in any way connected with "spam", such as (a) sending mass email to
recipients who haven't requested email from you or with a fake return address,
(b) promoting a site with inappropriate links, titles, descriptions, or (c)
promoting your site by posting multiple submissions in public forums that are
identical;
(vii) upload, post or otherwise transmit any material that contains software
viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or telecommunications
equipment;
(viii) interfere with or disrupt the Service or servers or networks connected
to the Service, or disobey any requirements, procedures, policies or regulations
of networks connected to the Service;
(ix) intentionally or unintentionally violate any applicable local, state, national
or international law;
(x) "stalk" or otherwise harass another;
(xi) promote or provide instructional information about illegal activities,
promote physical harm or injury against any group or individual, or promote
any act of cruelty to animals;
(xii) offer for sale or sell any item, good or service that (a) violates any
applicable federal, state, or local law or regulation, (b) you do not have full
power and authority under all relevant laws and regulations to offer and sell,
including all necessary licenses and authorizations, or (c) AHS determines,
in its sole discretion, is inappropriate for sale through the Service provided
by AHS;
(xiii) exceed the scope of the Service that you have signed up for; for example,
accessing and using the tools that you do not have a right to use, or deleting,
adding to, or otherwise changing other peoples comments or content as a Guest.
Penalties
Any violation of any of the provisions in the "Acceptable Use" section
of this document, or failure to pay for services rendered in accordance with
the "Extension of Credit" section of this document, will cause AHS
to terminate service immediately, without prior notice.
In addition, Client will be billed an amount covering the labor required to
deal with complaints, compliance with orders from law enforcement, and other
activities arising from violations of the "Acceptable Use" section
of this document. The bill will be equal to US$95 per actual hour of labor required
to resolve the situation, or US$1,000, whichever is greater.
Account Ownership
If a company name is listed on a hosting account, we will accept requests for
support, account information and changes, and billing information and changes
from the individual contact listed on the account as well as the President or
Vice President of the company. If a company name is not listed on a hosting
account, we will accept requests for support, account information and changes,
and billing information and changes from the individual contact listed on the
account. If information or changes are requested or a dispute arises, we will
use the information listed in the Billing Control Panel to determine the owner
of the account using the above criteria.
Prior Versions
When changes are made to this document, the prior versions will be archived
here:
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