Hosting Terms and Conditions
Avatar Computing, Inc. is designed to serve the web hosting needs of small, independently owned and operated businesses in a single country. It is not appropriate to use our services to support large enterprises or internationally based businesses with a sustained demand that places undue burden on our systems or negatively impacts use by small, independently owned and operated businesses.
AVATAR COMPUTING, INC. is a shared web hosting service, which means that a number of customers web sites and other email or storage services are hosted from the same server. AVATAR COMPUTING, INC. uses abuse controls to help ensure that use of our services does not adversely affect the performance of our system or other customers sites. It is not appropriate to use an account primarily as an online storage space or for archiving electronic files.
If you use your services consistently with the Terms of Service and these paragraphs, your site can grow as large as necessary to meet your small business needs, but to ensure a great experience for all, we will place some constraints on how fast you can grow. The vast majority of our customers sites grow at rates well within our rules, but our abuse controls may cause a brief delay while we evaluate if expansion is appropriate.
In most cases, if you use our services consistently with the Terms of Service and these paragraphs, visitors to your web site will be able to download and view as much content from your site as they like. However, in certain circumstances, our server processing power, server memory, or abuse controls could limit downloads from your site. You can also upload as much as content as you like each month, subject only to the Terms of Service and the rules that control how fast your site can grow (see above).
You are allotted 1500 megabytes of email storage. Once your limit is reached, AVATAR Computing, Inc. will assist you back and store your emails.
ACCEPTABLE USE POLICY & TERMS OF SERVICE
The following is the entire Acceptable User Policy (AUP) agreement between AVATAR COMPUTING, INC. and the personal or corporate account holder (Your Company). AVATAR COMPUTING, INC. provides World Wide Web Hosting, Marketing, and Development. AVATAR COMPUTING, INC. has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services. AVATAR COMPUTING, INC. general policy is to act as a Avatar Computing, Inc. of Internet presence. AVATAR COMPUTING, INC. reserves the rights to suspend or cancel a customers access to any or all services provided by AVATAR COMPUTING, INC. when we decide that the account has been inappropriately used.
Any attempt to undermine or cause harm to a server or customer of AVATAR COMPUTING, INC. is strictly prohibited. AVATAR COMPUTING, INC. will strongly react to any use or attempted use of an Internet account or computer without the owners’ authorization. Such attempts include Internet scamming (tricking other people into releasing their passwords), password theft, security hole scanning, etc. Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to AVATAR COMPUTING, INC. , will result in action against YOU. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action, depending on the seriousness of the attack.
AVATAR COMPUTING, INC. has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below. YOU may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by AVATAR COMPUTING, INC. to be unacceptable use of our services including abuse of server resources.
WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS
All web applications that are out-of-date and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness. Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
STORAGE SPACE ABUSE
AVATAR COMPUTING, INC. will not tolerate any form of storage space abuse. At least 90% of YOUR web pages (HTML) must be linked with files (GIF, JPEG, etc.) stored on AVATAR COMPUTING, INC. servers. Website that are found to contain either/or no HTML documents, a large number of unlinked files are subject to files deletion or account cancelation at the discretion of AVATAR COMPUTING, INC. Management (MANAGEMENT), with or without prior notice. AVATAR COMPUTING, INC. will be the sole arbiter as to what constitutes a violation of this provision.
UNSOLICITED EMAIL & SPAMMING
Unsolicited commercial advertisements (SPAM) are not allowed in e-mail, and will likely result in account cancelation. AVATAR COMPUTING, INC. takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers – any domain sending stealth spam will be terminated without warning and without refund.
Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account (mail bombing); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing lists charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages.
99.99% UPTIME GUARANTEE
(1.) COVERAGE – This 99.99% uptime guarantee applies to any Customer in good financial standing with AVATAR COMPUTING, INC. at the time of a service outage.
(2.) SERVICE LEVEL AGREEMENT (SLA) & SPECIFICATIONS – AVATAR COMPUTING, INC. endeavors to have the content of YOUR website available for http(s) access by any party in the world 99.99% of the time. Network downtime (unavailability) is defined as 100% packet loss from AVATAR COMPUTING, INC.
TECHNICAL SUPPORT BOUNDARIES
AVATAR COMPUTING, INC. provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control
Although AVATAR Provides weekly backups, YOU are advised to have YOUR own backup locally or elsewhere other than with AVATAR COMPUTING, INC..
SMTP MAIL SERVER ABUSE
We do not allow YOU to send outbound mail to more than 20 recipients at any one given time and/or more than 1,000 pieces of e-mail per day from a shared hosting account with a maximum file size of 20MB per email message. If YOU violate AVATAR COMPUTING, INC. policies persistently in email activities, YOUR account will be suspended and deleted.
All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts as well as major account changes and are non-refundable. All pricing is guaranteed for the term of prepayment. AVATAR COMPUTING, INC. reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notifies AVATAR COMPUTING, INC. to request for termination of services. All payment is in U.S. currency.
AVATAR COMPUTING, INC. will bill each client $50 per returned check, per wire transfer received and per credit card chargeback received. All AVATAR COMPUTING, INC. accounts are setup on anniversary billing cycles. YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. Please contact the billing department at kphaneuf@avatar-computing should you wish to change your anniversary
CANCELLATION OF SERVICE
AVATAR COMPUTING, INC. reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by AVATAR COMPUTING, INC. if we institute our right of cancellation. Any violation of policies which results in extra costs billed to YOU (i.e. transfer, space etc.). All of AVATAR COMPUTING, INC. PLANS are backed by a 30-day money back guarantee. If YOU are not completely satisfied with our services or support within the first 30 days of YOUR contract, YOU will be given a full refund of the contract amount excluding setup fees, domain registration fees, add-on/upgrade fees and overages. Setup fees are refundable only if the account order is canceled prior to account activation. If YOU cancel, the full contract amount less any setup fees and overages will be refunded if AVATAR COMPUTING, INC. is notified within the first 30 days following activation. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, domain registration fees, etc.
INTELLECTUAL PROPERTY RIGHTS
Material accessible to you through AVATAR COMPUTING, INC. services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use AVATAR COMPUTING, INC. or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through AVATAR COMPUTING, INC.. If YOU use a domain name in connection with AVATAR COMPUTING, INC. or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party. will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
Unless previously agreed upon, YOU will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation:
(a.) the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products,
(b.) ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and
(c.) ensuring that the content and materials appearing within the store or related to YOUR products are not libellous or otherwise illegal.
AVATAR COMPUTING, INC. reserves the right to refuse service to anyone. YOU may only use AVATAR COMPUTING, INC.’S SERVICES for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting 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. If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that AVATAR COMPUTING, INC. may disclose any and all YOUR information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.
YOU AGREE THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD AVATAR COMPUTING, INC. HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEYS FEES ASSERTED AGAINST AVATAR COMPUTING, INC. , ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY YOU, YOUR AGENTS, EMPLOYEES OR ASSIGNS. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS AVATAR COMPUTING, INC. AGAINST LIABILITIES ARISING OUT OF:
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH AVATAR COMPUTING, INC. SERVERS.
(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY
(3) COPYRIGHT INFRINGEMENT AND
(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM AVATAR COMPUTING, INC.
AVATAR COMPUTING, INC. WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. AVATAR COMPUTING, INC. MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. AVATAR COMPUTING, INC. DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES,WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY AVATAR COMPUTING, INC. AND ITS EMPLOYEES. AVATAR COMPUTING, INC. RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF AVATAR COMPUTING, INC. MUST ADHERE TO THE ABOVE POLICIES.FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT CANCELLATION.
AVATAR COMPUTING, INC. follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.