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Terms of Service


Content
All services provided 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 us harmless from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and sex-related merchandising is prohibited on all our servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Also prohibited are sites that promote any illegal activity or present content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.
Also we not accept sites about magic and the witchcraft.

Examples of unacceptable content or links:

  • Pirated software
  • Hacker programs or archives
  • Warez sites
  • Sites with adult or pornographic content
  • Non-Licensed MP3's or Software
  • Sites about magic and the witchcraft.
We will be the sole arbiter as to what constitutes a violation of this provision.

Commercial Advertising - Email: Spamming, or the sending of unsolicited email, from our server or using an email address or domain that is maintained on our machine as reference is STRICTLY prohibited. We will be the sole arbiter as to what constitutes a violation of this provision.

Server Abuse: Any attempt to undermine or cause harm to a server, or customer is strictly prohibited. We also may move your site or request cancellation if you use a majority of system resources which affects other users. Refusal of Service: We reserve the right to refuse, cancel, or suspend service at our sole discretion.

All accounts and customers using our services must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate account deactivation.

Payment
Customers who are on recurring monthly plans are due for automatic billing from their credit card one month after their sign up date, and every month thereafter, on or about the same day of the month.
If your credit card information has changed, then you must notify us immediately so we may change this information. If on your bill date, your credit card is declined, or payment is not made, you will get a notice that your account will be suspended in 5 days. If after this notice and 5 days has passed your account may be interrupted temporarily and an email will be sent to the address on file to notify you of this problem. If payment is not arranged within 14 days, we will close your account, and any files will be lost. All prices are in US Dollars (USD). Any other payments, such as check or bank transfer must be received to be posted by the due date for your account.

Credit Card Payments
We are happy to accept Visa, Mastercard, American Express cards for payment. We use various fraud prevention methods to protect us, our merchant account, our bank and the customer who owns the credit card being used. This includes tracking the IP number and ISP of the person who is using the credit card, verifying the card matches the Zip Code and Address of the cardholder. If anyone attempts to obtain service using a fraudulent or unauthorized credit card, your hosting account will be terminated without warning, we will have the right to place an 'account suspended' page on your IP, and we will cooperate with authorities to report the incident and the information used to obtain the account including your domain name. We will also bill you for all charges to us, including but not limited to bank fees, amounts charged back, plus 5%. We take credit card fraud very seriously. If you have received a credit card statement with our name on it, and did not order our services, please email billing@avahost.net immediately. Your credit card statement will be billed as 2CheckOut.com.

Cancellation
If for any reason you are not satisfied with our services, please let us know. We build our services around making hosting simple for the customer and want you to be happy. If for some reason we cannot meet your needs, you may notify us in writing and we will discontinue billing your account at the end of your current bill cycle. No refunds are issued for hosting services already paid for, except during the first 30 days of service.

Data Transfer
Additional data transfer is billed at $2 per 1000 Megabytes/month (or portion thereof). When you exceed, or are about to exceed, we will attempt to send you a courtesy e-mail.

Excessive Resource Usage
Any web site that uses an excessively high amount of server resources including but not limited to CPU time, memory, and network bandwidth will be given an option of either upgrading their service level or reducing the resource used to an acceptable level.

Spamming Not Permitted
You must not use any AvaHost equipment or any AvaHost email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This shall include the sending of unsolicited mass mailings from any other service that in any way implicates the use of the Avahost equipment or any Avahost email address. A message is considered to be unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. Simply making one's email address accessible to the public will not constitute a request or invitation to receive messages, for purposes of enforcing this provision.

When any customer is found to have been engaged in spamming in violation of this agreement, Avahost reserves the right to disable that customer's web site without warning. In addition, Avahost may impose a $200 penalty for each spam policy violation. Avahost solely reserves the right to refuse or cancel service to spammers. Avahost reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund. Such cancellation of services for cause, specifically the reasons provided herein, shall automatically void Avahost's 30 Money Back guarantee.

Refusal of Service
Avahost reserves the right at its sole discretion to refuse or cancel service. Violation of any of Avahost's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded including during the 30 Day money back guarantee period.

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