Advadyne Technology values the trust and respect of our
clients who expect us to maintain the high quality of service they
deserve. In return, our clients agree to use our services in a courteous
and responsible manner that respects the rights and dignity of others on
the Internet and allows us to continue offering that quality. Unacceptable
uses of Advadyne Technology services and would result in suspension or
termination of a customer's account and are outlined below.
The terms stated here are an important part of the
service contract between you and Advadyne Technology. When you apply for
our service, you must agree to these terms and conditions or your order
will not be processed. The following words used in context of the Service
Contract are defined as follows:
"Provider" - Advadyne Technology.
"Client" - The person or entity that is applying for virtual
Server or Web hosting services.
The Provider agrees to provide, and Client agrees to
receive, access to the Web hosting according to the following terms and
conditions:
Client will use Advadyne Technology Web hosting
packages and all other provided services in a manner consistent with any
and all applicable laws of the US Federal Government. Client may authorize
Provider to charge all fees due to the submitted credit card or checking
account or mail payments using check, credit card or money order.
Dishonored or returned unpaid check payments will result in a $25 service
fee.
Provider reserves the right, in its sole discretion, to
deactivate the Client's Web hosting account(s) with prior 5-day notice
upon an indication of credit problems including delinquent payments, or
immediately without notice if this service contract is violated.
The provider service is provided on an "as is, as
available" basis. The provider gives no warranty, expressed or
implied, for Advadyne Technology Web Hosting packages and all other
services provided, including, without limitation, warranty or merchant
ability and warranty of fitness for a particular purpose. This no warranty
expressly includes any reimbursement for losses of income due to
disruption of service by provider or its providers beyond fees paid by
client to provider for services.
Provider is not responsible for any damages arising
from Client's use of Provider or by Client's inability to use or misuse of
the Web hosting packages and any other services for any reason.
While Provider shall make every reasonable effort to
protect and backup data for Client on a regular basis, Provider is not
responsible for Client's files residing on Provider. Client is solely
responsible for independent backup of data stored on Providers server and
network. If Provider is requested to and is able to restore client's files
due to a file lost provider is not responsible for, provider may charge an
additional fee, $100 for this service.
Client hereby agrees that all domain names and any
material submitted for publication on provider through Client's account(s)
will not violate or infringe any copyright, trademark, patent, statutory,
common law or proprietary rights of others, or contain anything libelous,
slanderous or harmful. The Provider may deactivate any potentially illegal
activity, or infringements without warning. Advertising for or links to
sites constitutes the same as containing that material on Clients
site. Client hereby agrees to indemnify and hold harmless the
Provider for any claim resulting from the submission of illegal materials.
Client will have his/hers registered domain(s) placed
on the Providers servers. Client will not remove the domain from the
Providers servers when the hosting account is active and the Client
understands that no hosting account will remain active without a his/hers
domain names active on the Providers servers.
In the event the Client wishes to remove his/her
domain(s) from the Providers servers the client will have 48 hours before
the hosting account is terminated. However, once the domains are removed
from the service the service will be inactive for the 48 hours and the
Client is then given time to restore domain and/or request that the
Provider not terminate the Account. The Client will then have 48 hours to
bring the domain name back to the Providers servers and the account will
be taken off hold by the Provider once the Provider can ascertain the
domain name has been placed back on the Providers server. The Client
understands that not having a domain on the Providers servers causes a
security issue for the Provider and the Client understands that a domain
is needed for the service to remain open. The Client understands that the
Provider will not allow the hosting service to be ran solely on an IP
address and agrees to these terms.
Client hereby agrees that all domain names and any
material submitted for publication on Provider through Client's account(s)
will not contain anything leading to an abusive or unethical use of the
Web hosting product(s). Abusive and unethical materials and uses include,
but are not limited to pornography, obscenity, nudity, violations of
privacy, computer viruses, hacking, Warez, illegal MP3s, any harassing and
harmful materials or uses, or advertising or links to sites with the above
stated materials. Client here agrees to indemnify and hold harmless the
Provider from any claim resulting from your publication of materials or
your use of those materials. Provider may or may not give notice before
deactivating the use of an account(s), which the Provider decides, is an
abusive or unethical use of the host server(s).
Electronic Mail Abuse Policy
A. Harassment, whether through language, frequency, or
size of messages, is prohibited.
B. Customers may not send e-mail to any person who does
not wish to receive it. If a recipient asks to stop receiving e-mail, the
Customer must not send that person any further e-mail.
C. Customers are explicitly prohibited from sending
unsolicited bulk mail messages ("junk mail" or
"spam"). This includes, but is not limited to, bulk mailing,
commercial advertising, informational announcements, and political tracts.
Such material may only be sent to those who have explicitly requested it.
D. Malicious e-mail, including but not limited to
"mail bombing" (flooding a user or site with very large or
numerous pieces of e-mail) and "trolling" (posting outrageous
messages to generate numerous responses) is prohibited.
E. Forging of header or any other misleading addresses
or information is not permitted.
F. Subscribing someone else to a mail list or removing
someone else from a mail list without that person's permission is
prohibited.
G. Advadyne Technology accounts or services may not be
used to collect replies to messages sent from another Internet Service
Provider, where those messages violate this Usage Policy or the usage
policy of that other provider.
H. These rules apply to other types of Internet-based
distribution mediums as well, such as RLG's Ariel system (a system for
sending FAX-like documents over the Internet). USENET postings have their
own regulations.
Due to the public nature of the Internet, all
information should be considered publicly accessible, and important or
private information should be treated with care. Provider is not liable
for protection or privacy of electronic mail or other information
transferred through the Internet or any other network provider that
customers may use.
Use of distribution lists via unsolicited electronic
mail is strictly prohibited. Provider reserves the right to deactivate the
Client's Web hosting account(s) upon any indication of such activity
without notice. Client hereby agrees to indemnify and hold harmless the
Provider from any claim resulting from the Client's or any other party's
use of electronic mail service(s) on the Client's Web hosting account(s).
CGI Scripts Policy:
Each account comes with its own cgi-bin. You are free
to use any CGI scripts you wish, however we reserve the right to disable
any CGI script that effects normal server operation or service to other Advadyne Technology
customers. You will be notified in 24 hours about offending cgi script. No
chat room or similar scripts allowed.
The Following Scripts are NOT allowed on our servers:
UltimateBBS (all versions)
Yet another bulletin board (YaBB)
Ikonboard (all versions)
IRC Egg Drops
Proxy Servers
nph-proxy
The Anonymizer
any soap mailers
Chat Policy:
Advadyne Technology does not allow chat rooms. You can
however link your site to a chat provider. Some examples of chat providers
are: www.humanclick.com and www.liveperson.com
Misuse of System Resources:
Any attempt to undermine or cause harm to a server, or
customer, of Advadyne Technology is strictly prohibited. This includes,
but is not limited to: using programs that consume excessive CPU time;
allowing the use of mail services, mail forwarding capabilities, or auto
responders other than for the customer's own account; use of servers for
backup of files unrelated to the web site of the account; or resale or
remote access to CGI scripts installed on our servers. Operation of IRC or
similar servers or IRC or similar bots on our servers will result in an
immediate suspension of service.
IP:
Provider maintains control and any ownership of any and
all IP numbers and addresses that may be assigned to Client and reserves
in its sole discretion the right to change or remove any and all IP
numbers and addresses. Client shall keep the right to use the domain name
even if client changes providers.
Payment Policies, Fees, Refunds and Terms of
Agreement:
Full payment is required before any hosting service is
rendered, which includes renewals. All payment-due notices will be sent by
electronic mail. No bills or invoices will be sent by postal mail or fax.
Prepayment is due each anniversary following the prorated date the account
was established. Billing will continue until you cancel your hosting
account. You may cancel at anytime.
We do give refunds for full months unused, should you
want to cancel prepaid service. If you decide to cancel after prepayment,
you will not receive a refund for the current month in use (We do not give
partial months refunds). If you have prepaid and received a multi-month
discount, upon cancellation we will figure the refund retroactively
withdrawing the discount back to the start date of the contract. This will
result in paying full-undiscounted price for the months used and refunding
the balance. This only applies to cancellation by the client. If Advadyne Technology
does cancellation due to restrictions violation, there will be no refund. Advadyne Technology
will only allow for the discount if cancellation is not the fault of the
client, as determined by Advadyne Technology. All monetary transactions
are in US dollars. Additional features can be added at any time. Monthly
feature prices are not prorated. Advadyne Technology reserves the right to
change prices at any time.
Account Cancellation:
We are sorry to see you go. If there is anything we can
to do to keep you as a customer, please let us know. To cancel your
account, please send an email to
and provide us with
the following information below. We need to verify your account
information and the reason for your cancellation so we can improve our
services. Phone requests will not constitute acceptance of any
cancellation!
Your domain name:
Username:
Password:
Reason of cancellation:
If Client has a balance due at the time of
cancellation, this balance must be paid in full. Cancellation does not
absolve Client of any outstanding financial obligations.
Suspension:
Activity that results in a suspension or deactivation
of an account will result in a forfeiture of fees paid. Complaints made
regarding abuses of an account will be grounds for suspension.
Refusal of Service:
We reserve the right to refuse, cancel, or suspend
service at our sole discretion.
All sub-networks, distributive hosting sites, and
dedicated servers of Advadyne Technology must adhere to the above
policies. Please direct any reports of violations of the above policies to
Failure to follow any term or condition will be grounds
for immediate account deactivation.
Disclaimer:
Advadyne Technology will not 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 Advadyne Technology are
resold. Thus, certain equipment, routing, software, and programming used
by Advadyne Technology are not directly owned or written by Advadyne
Technology. Moreover, Advadyne Technology holds no responsibility for the
use of our clients' accounts. If any terms or conditions 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 Advadyne Technology sees fit. If you sign up
for an account and do not follow our terms immediate suspension of service
may occur until resolution can be made. No refunds will be given if
account is cancelled due to misuse or violation of terms. We will however
let you know by email before account is cancelled and you will have a
chance to solve the matter.
In the event it is necessary to refer any dispute to an
attorney, a collection agency, or resolve it in a court of law, the
prevailing party will be entitled to an award of reasonable attorney's
fees, collection fees, and all costs associated with any legal action,
whether or not a suit shall actually be filed.
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