Terms of Service
The use of web hosting or other services from ABC Hosting, LLC [hereafter referred to as "ABC"] signifies your agreement to the following Terms Of Service (TOS).
- Account Creation / Your email address
We will create your account after we have been paid and after your payment has been screened for fraud. You must provide us with an email address which is not hosted at the domain(s) you are hosting with us. If we ever need to contact you regarding a TOS issue, this email address will be the one that we use. That’s because if we have to suspend your service for a violation of the TOS we still need to be able to communicated with you. You could consider a free email address at Yahoo or Gmail for this purpose but you must make sure to check it regurlarly. You agree to make sure the email address we have for you is kept up to date at all times. Providing a false or unattended email address may result in the suspension or termination of your account. For certain types of orders and orders from outside the USA it may be necessary for you to provide valid identification and a fax copy of your credit card.
- Set Up
Unless you have ordered our SiteMover™ service, you are responsible for moving your website to our servers and updating your DNS information with your Domain Registrar. As soon as you sign up, we will begin setting up your account and email you the information needed to move or set up your website. This typically occurs within 15 minutes however there can be reasons beyond our control for a delay. If your information has not been received within 30 minutes you must contact our support department.
All services provided by ABC may only be used for lawful purposes and as spelled out in our TOS. The laws of the State of Virginia will apply.
You agree to indemnify and hold harmless ABC from any claims resulting from the use of our services. Any use of our services to infringe upon any copyright or trademark is prohibited including but not liimited to unauthorized copies of music or any other copyrighted work. The offering of any counterfeit merchandise will result in the immediate termination of your account. If you believe that your copyright or trademark is being unlawfully used by one of our customers, email abuse@ABChosting.com with the all of information required for us to investigate or take action. Other types of unacceptable material include: IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, ".img" / image hosting only sites that do not host an actual domain name, Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities. If you send spam or other unsolicited email to promote a site hosted with us your ccount will be terminated. We reserve the right to refuse service to anyone at any time for any or no reason. Any content that we consider to be obscene or threatening, or that we feel others may consider to be obscene or threatening, will be removed from our servers with or without notice and your account may be suspended or terminated. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.
If in doubt regarding the acceptability of your site or service, please contact us at abuse@ABChosting.com and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography. Any site found to host child pornography or linking to child pornography will be suspended immediately without notice. Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed on your account are secure and permissions of directories are set properly. When at all possible, set permissions on most directories to 755 or as restrictive as possible. You are fully responsible for all actions taken under your account. It is required that you use a secure and sufficiently complex password. If a weak password is used, your account may be suspended until you agree to use a more complex password.
- Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Ou email policies are are incorporated by reference, and are located here: http://www.ABChosting.com/mailpolicy.html
Sites advertised via SPAM may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via email, instant messaging, or forums or newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
ABC reserves the right to require changes or disable any web site, account, database, or other component that does not comply with ou TOS or to make any such modifications in an emergency at our sole discretion. ABC reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of ABC.
You agree to supply appropriate payment for the services received from ABC, in advance of the time period during which such services are provided. You agree that until and unless you notify ABC of your desire to cancel any or all services received, those services will be billed on a recurring basis. Cancellations must be done via the our support ticket system only. Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. ABC reserves the right to change the monthly payment amount and any other charges at anytime unless otherwise stated in a term plan.
- Backups and Data
Your use of the service is at your sole risk. ABC is not responsible for files and/or data residing on your account. You agree to make backup copies of files and data stored on ABC servers.
- Cancellations and Refunds
ABC reserves the right to cancel the account at any time with or without notice. If your accout is cancelled for a violation of our TOS no refund will be given. You may cancel your account with us at any time unless you are subscribed to a term agreement. In no case will refunds or partial refunds will be issued for unused services you have paid for.
- Resource Usage
User may not:
- Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
- Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any bit torrent application, tracker, or client.
- Participate in any file-sharing/peer-to-peer activities
- Run any gaming servers such as counter-strike, half-life, battlefield1492, etc
- Run cron entries with intervals of less than 15 minutes
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
- Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account exceed the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages, or charge you for the excess bandwidth used. Unused bandwidth from one month cannot be carried over to the next month.
- Uptime Guarantee
If our server has a physical servcie outage that is not within the stated 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of ABC. The uptime of the server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by monitoring services or experienced by a particular individual website. Outage data reported by 3rd party monitoring systems or services will not be considered. If your website is not functioning but the server is functioning this does not constitute a service outage. To request a service outage credit, you must contact support@ABChosting.com with justification for your request.
- Price Change
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on ABChosting.com, and the right to increase the amount of resources given to plans at any time.
Customer agrees to defend, indemnify, save and hold ABC harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against ABC, 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 customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless ABC against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with ABC; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from ABC's server.
By using any ABC services, you agree to binding arbitration. If any disputes or claims arise against ABC such disputes will be handled by an arbitrator of ABC's choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration. You agree that you will not cause any dispute or chargeback via your credit card company or through PayPal. If you do so in voilation of this agreement, you agree to pay us our full costs of collecting any amounts that are charged back to us, and you agree that the minimum amount of our costs will be $500.
- No Liability
ABC shall have no liability and will not be responsible for any damages of any kind for any reason. ABC makes no warranties of any kind, expressed or implied for services we provide. The services are provided as-is-where-is. ABC disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data, delays, and any and all service interruptions caused in any way including those caused by ABC or its employees or contractors regrdless of whether or not you notify us of a problem or potential damages.
- Disclosure to law enforcement
ABC may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
- Changes to the TOS
ABC reserves the right to revise its terms of service at any time without notice by posting the change to our website.