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TOS / AUP

By reading and purchasing a Web space from AssuredHost.com you are agreeing to the following: 


You will use the Web space allocated to you only for lawful purposes. You will neither use the server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorize or permit any other person to do so. 

You shall not post, link to or transmit: 

(a) Any material, which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way. 

(b) Any material containing a virus or other hostile computer program. 

(c) Any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction. 

You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information. 

You shall observe the procedures, which we may from time to time prescribe

You shall make no use of the Server in a manner detrimental to our other customers. 

Mails sent by you are in accordance with applicable legislation, including data protection legislation and any international legislation.

Terms of User Agreement

You agree to the following terms of agreement:

Acceptable Use

AssuredHost.com services may only be used for lawful purposes. Transmission of any material in violation of International, Federal or State regulation is prohibited. This includes but is not limited to: material legally judged to be threatening or obscene, or material protected by trade secret laws.

If you are found in violation of the AssuredHost.com Terms of Use. Your account will be terminated with 1 notification if there is no response then the account will be terminated on the spot.

Examples of content that is not acceptable on AssuredHost.com Servers: "Pirated software" or "Warez", "Hacker programs and/or archives", "IRC Bots", "Gambling Related", "Copyrighted Mp3's". 

Warez - Includes pirated software, ROMS, emulators, phreaking, hacking/cracking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material. 

Adult Sites 

Adult Content or links to Adult Content are permitted on the Servers. If it is not violating the rules.

Spam


Spam in any shape or form is NOT permitted and is grounds for immediate account termination. 

IRC and Chat Rooms 

Internet Relay Chat (IRC) traffic is not permitted on our servers in any of its many forms including, but not limited to: bots and IRC servers. Chat rooms may be allowed on per use basis, so please ask one of our support staff before setting one up. (Some cgi/perl based chat rooms over utilize the server processor.) 

You specifically agree to indemnify and hold AssuredHost.com harmless from any claims resulting from a breach of these terms, and/or use of the service, which damages another. 

Web Site Hosting And Email 

We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.

You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server. 

Any access to other networks connected to AssuredHost.com must comply with the rules appropriate for those other networks. 

While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.

Intellectual Property Rights 

You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name. 

Service Availability

We shall use our reasonable endeavors to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server. 

We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 30 days you will be notified of the reason. 

The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one login session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during login sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately. 

Termination 


Without in any way limiting our (AssuredHost.com) rights: 

If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you. Any unpaid services are due and payable immediately.

If you break any of these terms and conditions, we may terminate this Agreement.

If you abuse our service, employees or equipment in any way.

If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this Agreement forthwith without notice to you. 

On termination of this Agreement or suspension of the Services we will be entitled immediately to block your Web Site and to remove all data located on it. We will be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit. 

We reserve the rights to terminate or refuse service to anyone.

Termination Procedure

Email support@AssuredHost.com from the email you had sign up, including information on your server in the cancellation request. Once we had verified your request, we will proceed to cancel your server. All amounts paid will be not refunded either in full or pro-rated. You will need to provide 30 days notice. 

Any other forms of termination not following the above process may result in repeated billings till you done so.

Indemnification

A user's failure to comply with those laws will violate AssuredHost.com terms of agreement. By using our services, you indemnify AssuredHost.com for any violation committed by you of the service agreement, law, or other AssuredHost.com policy, that results in loss to service or the bringing of any claim against AssuredHost.com by any third-party. This means that if AssuredHost.com is sued because of a user's or customer of a user's activity, the user will pay any damages awarded against AssuredHost.com , plus costs and reasonable attorneys' fees. 

Limitation Of Liability 

All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, . 

Nothing in these terms and conditions shall exclude our liability death or personal injury resulting from our negligence. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services, which are the subject of any such claim.

In any event no claim shall be brought unless you have notified us of the claim within one year of it arising. 

In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever. 

Notices 

Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in the ancillary digital application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting. 

Payment 

All payments must be in US Dollars. We provide payment services through online Credit Card Processing and/or Account Transfer for you convenience. We provide every effort provide a service to our customers, we urge you to test our services and servers before you purchase anything. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. 

Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you. 

Your Billing is based on the date that you joined us. If you have a Bi- Yearly or YEARLY plan with us you will be charged same price every year on the anniversary of you enrollment until you decide to cancel the account. 

Headings 

Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement. 

Entire Agreement 

These terms together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation, which has not been made expressly in this Agreement. 

Billing :

AssuredHost.com uses Merchant tools . Your credit card statement can and normally will reflect these services names. Monthly Fees are billed every 30 days and 6 month or yearly billing is done respectively. No refunds on any services unless justifiable and in writing from management. 

We also accept Checks and Money Orders/ Demand Drafts via Snail Mail ( For details, contact ) , but no service shall be performed until payment is received and money has cleared at our bank. We reserve the right to allow 24-72 hours setup on our servers to allow time for money to exchange and also for our Technicians to properly setup your service. Every effort will be made to provide your service as quickly as possible. 

TOS/AUP Coverage:


AssuredHost.Com may post changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following AssuredHost.Com posting of any changes or modifications will constitute your acceptance of such changes or modifications

AssuredHost.com reserves the right to change or modify any of the terms and conditions contained in this Agreement, the Addendum and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any modification will be effective upon posting of the revisions on our site.
 

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