Accenthost Terms of Service
User Agreement
This User Agreement ("Agreement") is an agreement between
AccentHosting.com ("AccentHosting.com") and the party
set forth in the related order form incorporated herein by reference
(together with any subsequent order forms submitted by Customer,
the "Order Form"), and applies to the purchase of all
services (collectively, the "Services") ordered by Customer
on the Order Form. Such party is referred to in this Agreement as
"Customer" or "you".
PLEASE READ THIS AGREEMENT CAREFULLY. BY USING ACCENTHOST.COM AS
A WEB SPACE HOST, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS
AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE
IN THIS AGREEMENT, INCLUDING ACCENTHOST.COM'S USAGE POLICY. YOUR
USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.
AccentHosting.com reserves the right to reject this Agreement for
any reason or no reason, prior to acceptance thereof by AccentHosting.com.
Activation of the Services shall indicate AccentHosting.com's acceptance
of this Agreement. Subject to the terms and conditions of this Agreement,
AccentHosting.com will provide to Customer the Services selected
by Customer set forth on the Order Form.
1. Usage Policy
Under this Agreement, Customer shall comply with AccentHosting.com's
then current "Usage Policy", as amended, modified or updated
from time to time by AccentHosting.com, which currently can be viewed
at http://www.AccentHosting.com.net/tos.html, and which is incorporated
in this Agreement by reference. Customer hereby acknowledges that
it has reviewed the Usage Policy and that the terms of the Usage
Policy are incorporated herein by reference. In the event of any
inconsistencies between this Agreement and the Usage Policy, the
terms of the Usage Policy shall govern. AccentHosting.com does not
intend to systematically monitor the content which is submitted
to, stored on or distributed or disseminated by Customer via the
Service (the "Customer Content"). Customer Content includes
content of Customer's customers and/or users of Customer's website.
Accordingly, under this Agreement, you will be responsible for your
customers content and activities on your website. Notwithstanding
anything to the contrary contained in this Agreement, AccentHosting.com
may immediately take corrective action, including removal of all
or a portion of the Customer Content, disconnection or discontinuance
of any and all Services, or termination of this Agreement in the
event of notice of possible violation by Customer of the Usage Policy.
In the event AccentHosting.com takes corrective action due to a
violation of the Usage Policy, AccentHosting.com shall not refund
to Customer any fees paid in advance of such corrective action.
Customer hereby agrees that AccentHosting.com shall have no liability
to Customer or any of Customer's customers due to any corrective
action that AccentHosting.com may take (including, without limitation,
disconnection of Services).
2. Amendment
AccentHosting.com may amend, modify or update this Agreement or
the Usage Policy at any time in its sole discretion, and Customer
shall be bound by any such amendment, modification or update. AccentHosting.com
may, but is under no obligation to, provide notice of any amendment,
modification or update of this Agreement or the Usage Policy. Any
modification is effective on the earlier of two days after posting
on AccentHosting.com's website or two days after the sending of
a notice by AccentHosting.com to Customer by email or conventional
mail. If any material modification to this Agreement or the Usage
Policy is unacceptable to you, you may terminate your subscription
as provided in Section 3. However, if you do not terminate the Agreement,
or if you continue to use the Services following effectiveness of
the modification, your continued use will mean that you have accepted
that modification. AccentHosting.com reserves the right to amend
its service offerings and add, delete, suspend or modify the terms
and conditions of the Services at any time and from time to time,
and to determine whether and when any such changes apply to both
existing and future customers.
3. Term; Termination; Cancellation Policy
The initial term of this Agreement shall be as set forth in the
Order Form (the "Initial Term"). The Initial Term shall
begin upon commencement of the Services to Customer. After the Initial
Term, this Agreement shall automatically renew for successive terms
of equal length as the Initial Term, unless terminated or cancelled
by either party as provided in this section. The Initial Term and
all successive renewal periods shall be referred to, collectively,
as the "Term".
This Agreement may be terminated
(i) by AccentHosting.com in the event of nonpayment by Customer,
(ii) by AccentHosting.com, at any time, without notice, if, in AccentHosting.com's
judgment, Customer is in violation of any term or condition of the
Usage Policy or Customer's use of the Service disrupts or, in AccentHosting.com's
judgment, could disrupt, AccentHosting.com's business operations
and (iii) by AccentHosting.com in accordance with Sections 1, 8,
and 9 of this Agreement.
If AccentHosting.com cancels this Agreement prior to the end of
the Term or you cancel this agreement prior to the end of the Term,
AccentHosting.com shall not refund to you any fees paid in advance
of such cancellation and (i) you shall be obligated to pay all fees
and charges accrued prior to the effectiveness of such cancellation,
(ii) you shall be obligated to pay 100% of all charges for all Services
for each month remaining in the Term.
4. Billing and Payment
Payment Policy
Setup Fee
The setup fee is required before service is activated, if applicable.
The setup fee and domain name registration fee are non-refundable.
Hosting Fees
The minimum contract is 1 months.
All services are on a monthly basis only. There are no month-to-month
prepayment programs.
Full payment of the setup fee, if applicable, and, if the account
is not a domain transfer, the domain name registration fee, are
required before any hosting service is rendered.
Unless the account was ordered during a promotion, the initial 1
month is billed 30 days after signup. The credit card on file will
be automatically processed for payment.
No bills or invoices will be sent to clients.
Payment Method - Credit Card
AccentHosting.com accepts only credit card payments (Visa, MasterCard,
American Express, Discover).
Online credit card payment is authorized and assessed in real time.
Once an order is successfully submitted, the client is subject to
AccentHosting.com's refund policy.
Credit card will be billed on the first day of the billing cycle.
If the credit card fails, we will retry every 5 days. If the credit
card fails a 2nd time, the account will be suspended. If it fails
a 3rd time, the account will be cancelled.
If payment is not received on time, then the account is cancelled.
Policy Changes
AccentHosting.com reserves the right to change prices at any time.
All monetary transactions will occur in $US dollars.
Additional Features
Additional features such as disk space and email can be added at
any time and are billed monthly.
Monthly additional feature prices are not prorated.
Add on costs are non-refundable regardless of whether the service
was used.
Credit Card: Charges are assessed in real time for the current month
and every upcoming month until the end of their billing cycle.
Credit card will be billed on the first day of the billing cycle.
If the credit card fails, we will retry every 5 days. If the credit
card fails a 2nd time, the account will be suspended. If it fails
a 3rd time, the account will be cancelled.
Additional services will be activated when payment is received.
Renewal and Billing Schedule
AccentHosting.com automatically renews your account based on your
previous payment option.
5. AccentHosting.com as Reseller or Licensor.
AccentHosting.com is acting only as a reseller or licensor of the
hardware, software and equipment used in connection with the products
and/or Services that were or are manufactured or provided by a third
party ("Non-AccentHosting.com Product"). AccentHosting.com
shall not be responsible for any changes in the Services that cause
the Non-AccentHosting.com Product to become obsolete, require modification
or alteration, or otherwise affect the performance of the Services.
Any malfunction or manufacturer's defects of Non-AccentHosting.com
Product either sold, licensed or provided by AccentHosting.com to
Customer or purchased directly by Customer used in connection with
the Services will not be deemed a breach of AccentHosting.com's
obligations under this Agreement. Any rights or remedies Customer
may have regarding the ownership, licensing, performance or compliance
of Non-AccentHosting.com Product are limited to those rights extended
to Customer by the manufacturer of such Non-AccentHosting.com Product.
Customer is entitled to use any Non-AccentHosting.com Product supplied
by AccentHosting.com only in connection with Customer's permitted
use of the Services. Customer shall use its best efforts to protect
and keep confidential all intellectual property provided by AccentHosting.com
to Customer through any Non-AccentHosting.com Product and shall
make no attempt to copy, alter, reverse engineer, or tamper with
such intellectual property or to use it other than in connection
with the Services. Customer shall not resell, transfer, export or
re-export any Non-AccentHosting.com Product, or any technical data
derived therefrom, in violation of any applicable United States
or foreign law.
6. IP Address Ownership.
If AccentHosting.com assigns Customer an Internet Protocol address
for Customer's use, the right to use that Internet Protocol address
shall belong only to AccentHosting.com, and Customer shall have
no right to use that Internet Protocol address except as permitted
by AccentHosting.com in its sole discretion in connection with the
Services, during the term of this Agreement. AccentHosting.com shall
maintain and control ownership of all Internet Protocol numbers
and addresses that may be assigned to Customer by AccentHosting.com,
and AccentHosting.com reserves the right to change or remove any
and all such Internet Protocol numbers and addresses, in its sole
and absolute discretion.
7. Caching.
Customer expressly (i) grants to AccentHosting.com a license to
cache the entirety of the Customer Content and Customer's website,
including content supplied by third parties, hosted by AccentHosting.com
under this Agreement; and (ii) agrees that such caching is not an
infringement of any of Customer's intellectual property rights or
any third party's intellectual property rights.
8. CPU Usage.
Customer agrees that Customer shall not use excessive amounts of
CPU processing on any of AccentHosting.com's servers. Any violation
of this policy may result in corrective action by AccentHosting.com,
including assessment of additional charges, disconnection or discontinuance
of any and all Services, or termination of this Agreement, which
actions may be taken in AccentHosting.com's sole and absolute discretion.
If AccentHosting.com takes any corrective action under this section,
Customer shall not be entitled to a refund of any fees paid in advance
prior to such action.
9. Bandwidth and Disk Usage.
Customer agrees that bandwidth and disk usage shall not exceed the
number of megabytes per month for the Services ordered by Customer
on the Order Form (the "Agreed Usage"). AccentHosting.com
will monitor Customer's bandwidth and disk usage. AccentHosting.com
shall have the right to take corrective action if Customer's bandwidth
or disk usage exceeds the Agreed Usage. Such corrective action may
include the assessment of additional charges, disconnection or discontinuance
of any and all Services, or termination of this Agreement, which
actions may be taken in AccentHosting.com's sole and absolute discretion.
If AccentHosting.com takes any corrective action under this section,
Customer shall not be entitled to a refund of any fees paid in advance
prior to such action.
10. Property Rights.
AccentHosting.com owns all right, title and interest in and to the
Services and AccentHosting.com's trade names, trademarks, service
marks, inventions, copyrights, trade secrets, patents, know-how
and other intellectual property rights relating to the design, function,
marketing, promotion, sale and provision of the Services and the
related hardware, software and systems ("Marks"). Nothing
in this Agreement constitutes a license to Customer to use or resell
the Marks.
11. Customer Website; ECommerce; Customer Warranties.
Customer shall be solely responsible for the development, operation
and maintenance of Customer's website, online store and ecommerce
activities, for all products and services offered by Customer or
appearing online and for all contents and materials appearing online
or on Customer's products, including, without limitation (i) the
accuracy and appropriateness of the Customer Content and content
and material appearing in its store or on its products, (ii) ensuring
that the Customer Content and content and materials appearing in
its store or on its products do not violate or infringe upon the
rights of any person, and (iii) ensuring that the Customer Content
and the content and materials appearing in its store or on its products
are not defamatory or otherwise illegal. Customer shall be solely
responsible for accepting, processing and filling customer orders
and for handling customer inquiries or complaints. Customer shall
be solely responsible for the payment or satisfaction of any and
all taxes associated with its website and online store.
Customer shall be responsible for the security and confidentiality
of any customer information (including, without limitation, customer
credit card numbers) that Customer may receive as a result of its
website or online store.
Customer is responsible for keeping a copy of their most current
web site files as backup on a remote system (not on AccentHosting.com
servers). AccentHosting.com is not responsible for any lost files,
information, or data. AccentHosting.com does not provide any file
retrieval services.
Customer understands that system updates occur in real-time and
as queued batch processes. For example, account passwords are currently
updated as queued batch processes, therefore the update does not
occur in the system instantaneously. AccentHosting.com reserves
the right to modify the processing times at any time without notice.
If a client or AccentHosting.com support personnel (when authorized
by client) makes any modifications to a hosting account, the client
is responsible to make sure these updates have occurred in our system.
Customer represents and warrants to AccentHosting.com that Customer
owns or has the right to use the Customer Content and material contained
therein, including all text, graphics, sound, music, video, programming,
scripts and applets, and the use, reproduction, distribution and
transmission of the Customer Content and any information and materials
contained therein does not, and will not, (i) infringe or misappropriate
any copyright, patent, trademark, trade secret or any other proprietary
right of a third party, (ii) violate any criminal laws or (iii)
constitute false advertising, unfair competition, defamation, an
invasion of privacy, violate a right of publicity or violate any
other law or regulation. Customer grants AccentHosting.com the right
to reproduce, copy, use and distribute all and any portion of the
Customer Content to the extent needed to provide and operate the
Services.
12. Disclaimer of Warranty.
Customer agrees to use all Services and any information obtained
through or from AccentHosting.com, at Customer's own risk. Customer
acknowledges and agrees that AccentHosting.com exercises no control
over, and accepts no responsibility for, the content of the information
passing through AccentHosting.com's host computers, network hubs
and points of presence or the Internet.
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS
IS, AS AVAILABLE BASIS. NONE OF AccentHosting.com, ITS PARENT, SUBSIDIARY
OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES,
OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, SUPPLIERS,
THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE
(EACH, A "AccentHosting.com PERSON") MAKE ANY WARRANTIES
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED
TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT AccentHosting.com
PROVIDES. NO AccentHosting.com PERSON MAKES ANY WARRANTIES THAT
THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF
THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY
OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED
IN OR PROVIDED THROUGH THE SERVICES. AccentHosting.com IS NOT LIABLE,
AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA
TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR
ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY AccentHosting.com.
NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY AccentHosting.com
PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION
OR ADVICE.
The terms of this section shall survive any termination of this
Agreement.
13. Indemnification.
Customer agrees to indemnify, defend and hold harmless AccentHosting.com
and its parent, subsidiary and affiliated companies, and each of
their respective officers, directors, employees, shareholders and
agents (each an "indemnified party" and, collectively,
"indemnified parties") from and against any and all claims,
damages, losses, liabilities, suits, actions, demands, proceedings
(whether legal or administrative), and expenses (including, but
not limited to, reasonable attorney's fees) threatened, asserted,
or filed by a third party against any of the indemnified parties
arising out of or relating to (i) Customer's use of the Services,
(ii) any violation by Customer of the Usage Policy, (iii) any breach
of any representation, warranty or covenant of Customer contained
in this Agreement or (iv) any acts or omissions of Customer. The
terms of this section shall survive any termination of this Agreement.
14. Limitation of Liability.
Customer agrees that no AccentHosting.com Person, under any circumstances,
shall be held responsible or liable for situations where the Services
are accessed by third parties through illegal or illicit means,
including situations where such data is accessed through the exploitation
of security gaps, weaknesses or flaws (whether known or unknown
to AccentHosting.com at the time) which may exist in the Services
or AccentHosting.com's equipment used to provide the Services.
Under no circumstances, including negligence, shall any AccentHosting.com
Person be liable for any indirect, incidental, special, consequential
or punitive damages, or loss of profits, revenue, data or use by
Customer, any of its customers, any Reseller Customer or any other
third party, whether in an action in contract or tort or strict
liability or other legal theory, even if AccentHosting.com has been
advised of the possibility of such damages. No AccentHosting.com
Person shall be liable to Customer, any of its customers, any Reseller
Customer or any other third party, for any loss or damages that
result or are alleged to have resulted from the use of or inability
to use the Services, or that results from mistakes, omissions, interruptions,
deletion of files, loss of data, errors, viruses, defects, delays
in operations, or transmission or any failure of performance, whether
or not limited to acts of God, communications failure, theft, destruction
or unauthorized access to AccentHosting.com's records, programs,
equipment or services.
Notwithstanding anything to the contrary in this Agreement, AccentHosting.com's
maximum liability under this Agreement for all damages, losses,
costs and causes of actions from any and all claims (whether in
contract, tort, including negligence, quasi-contract, statutory
or otherwise) shall not exceed the actual dollar amount paid by
Customer for the Services which gave rise to such damages, losses
and causes of actions during the 12-month period prior to the date
the damage or loss occurred or the cause of action arose.
Customer understands, acknowledges and agrees that if AccentHosting.com
takes any corrective action under this Agreement because of an action
of Customer or one if its customers or a Reseller Customer, that
corrective action may adversely affect other customers of Customer
or other Reseller Customers, and Customer agrees that AccentHosting.com
shall have no liability to Customer, any of its customers or any
Reseller Customer due to such corrective action by AccentHosting.com.
This limitation of liability reflects an informed, voluntary allocation
between the parties of the risks (known and unknown) that may exist
in connection with this Agreement. The terms of this section shall
survive any termination of this Agreement.
15. Force Majeure.
AccentHosting.com shall not be liable for failure or delay in performing
its obligations hereunder if such failure or delay is due to circumstances
beyond its reasonable control, including, without limitation, acts
of any governmental body, war, insurrection, sabotage, embargo,
fire, flood, strike or other labor disturbance, interruption of
or delay in transportation, unavailability of, interruption or delay
in telecommunications or third party services (including DNS propagation),
failure of third party software or hardware or inability to obtain
raw materials, supplies or power used in or equipment needed for
provision of the Services.
16. Governing Law; Jurisdiction; Arbitration.
This Agreement shall be governed in all respects by California law
without regard to the conflict of law provisions thereof. Both parties
submit to personal jurisdiction in California. Any controversy or
claim arising out of, relating to or in connection with this Agreement,
or the breach thereof, shall be subject to arbitration administered
by the American Arbitration Association ("AAA") in accordance
with its then existing Commercial Arbitration Rules (collectively,
the "AAA Rules") and judgment upon the award rendered
by the arbitrator may be entered in any court having jurisdiction
thereof. The place of arbitration shall be Los Angeles, California,
or any other place selected by mutual agreement of the parties.
An award rendered in connection with an arbitration pursuant to
this Section shall be final and binding upon the parties and the
parties agree and consent that the arbitral award shall be conclusive
proof of the validity of the determinations of the arbitrations
set forth in the award, and any judgment upon such an award may
be entered and enforced in any court of competent jurisdiction.
The parties agree that the award of the arbitral tribunal will be
the sole and exclusive remedy between them regarding any and all
claims and counterclaims between them with respect to the subject
matter of the arbitrated dispute. The parties hereby waive all in
personam jurisdictional defenses in connection with any arbitration
hereunder or the enforcement of an order or award rendered pursuant
thereto. In any legal action, the prevailing party will be entitled
to recover all legal expenses incurred in connection with the action,
including but not limited to its costs, both taxable and non-taxable,
and reasonable attorney's fees. The terms of this section shall
survive any termination of this Agreement.
17. Assignment.
Customer shall not have the right to assign this Agreement without
the prior written consent of AccentHosting.com. This Agreement shall
be binding upon and inure to the benefit of Customer and AccentHosting.com
and their successors and permitted assigns.
18. Entire Agreement; Severability.
This Agreement, together with the Order Form and any other documents
or agreements specifically identified in this Agreement, represents
the entire agreement between the parties, and supercedes all previous
representations, understandings or agreements. If any provision
of this Agreement shall be held by a court of competent jurisdiction
to be invalid, unenforceable, or void, the remainder of this Agreement
shall remain in full force and effect.
Customer hereby represents that he, she or it is either, an individual
entering this Agreement for his or her personal use and is over
18 years of age, or a corporation, limited partnership or other
legal entity, duly organized, validly existing and in good standing
under the laws of the state of its organization and the person acting
on behalf of Customer is duly authorized to accept, execute and
deliver this Agreement on behalf of Customer.
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Usage Policy
This is AccentHosting.com's Usage Policy, which supplements the
service agreement of each user of AccentHosting.com's services (each,
a "Subscriber"). Every Subscriber is subject to this Usage
Policy, and by virtue of using AccentHosting.com's services, network
and/or systems (collectively the "Services") agrees to
be bound by this Usage Policy. AccentHosting.com will revise this
Usage Policy from time to time. A Subscriber's use of the Services
after revisions to the Usage Policy are posted on AccentHosting.com's
website at http://www.AccentHosting.com.net, will constitute such
person's acceptance of any changes or additions to the Usage Policy.
Subscribers violate this Usage Policy when they (or their affiliates
or customers) engage in the following prohibited activities.
Violations of Intellectual Property Rights
Any violation of any person's intellectual property rights, rights
of privacy, rights of publicity or other personal rights is prohibited.
AccentHosting.com is required by law to remove or block access to
content appearing on or through the Services upon receipt of proper
notice of copyright infringement (see "Copyright Infringement
Notice Information" below).
Spamming
AccentHosting.com has zero tolerance for UBE/UCE (unsolicited bulk
email/unsolicited commercial email). This policy protects our customers
as well as the Internet community from the negative effects of "spam"
related activity. AccentHosting.com defines UBE/UCE as unsolicited
broadcast or commercial email that is sent to addresses that do
not affirmatively and verifiably request such material from that
specific sender.
Our Policies
1. AccentHosting.com customers, or any user of bandwidth and/or
services on our network (herein described as 'users') are prohibited
from sending UBE/UCE. Users may be asked to produce records that
verify that explicit affirmative permission was obtained from a
recipient before a mailing was sent. AccentHosting.com may consider
the lack of such proof of explicit affirmative permission of a questionable
UBE/UCE at its sole discretion.
2. AccentHosting.com customers are prohibited from maintaining
open mail relays on their servers. Ignorance of the presence or
operation of an open mail relay is not and will not be considered
an acceptable excuse for its (the open mail relay) operation. Multiple
infractions of this policy will result in a discontinuation of service.
3. AccentHosting.com customers will be notified in the event that
their sites are in violation of the above policy. Again, failure
to rectify such situations may be cause for termination of service.
4. AccentHosting.com customers are prohibited from providing hosting
services for websites that have been included in UBE/UCE. Hosting
includes, but is not limited to, hosting website(s), providing DNS
services as well as website redirect services.
5. Valid complaints received by AccentHosting.com will be forwarded
to the customer for a response and resolution. If within twenty-four
(24) hours there is no response, AccentHosting.com may block traffic
to and from the IP address involved in the UBE/UCE complaint until
the problem is resolved and preventative measures have been implemented
to prevent the violation from recurring. All users are responsible
for maintaining a working email contact and updating that information
with AccentHosting.com when it changes.
6. If AccentHosting.com receives repeat complaints indicating that
a problem has not been resolved, AccentHosting.com reserves the
right to suspend and/or cancel any and all services provided to
the user after a notification of no less than two (2) hours.
To report an incidence of abuse, please email abuse@AccentHosting.com.net
Misrepresentation of Transmission Information
Forging, misrepresenting, omitting or deleting message headers,
return mailing information and/or Internet protocol addresses to
conceal or misidentify the origin of a message is prohibited.
Viruses and Other Destructive Activities
Use of the Services for creating or sending Internet viruses, worms
or Trojan horses, or for pinging, flooding or mailbombing, or engaging
in denial of service attacks is prohibited. It is also prohibited
for any Subscriber to engage in other activity that is intended
to disrupt or interfere with, or that results in the disruption
of or interference with, the ability of others to effectively use
the Services (or any connected network, system, service or equipment)
or conduct their business over the Internet.
Hacking
"Hacking" and related activities is prohibited. "Hacking"
includes, but is not limited to, the following activities: illegally
or without authorization accessing computers, accounts or networks,
penetrating or attempting to penetrate security measures, port scans,
stealth scans and other activities designed to assist in hacking.
Export Control Violations
The exportation of encryption software outside of the United States
and/or violations of United States law relating to the exportation
of software is prohibited.
Child Pornography
The use of the Services to store, post, display, transmit, advertise
or otherwise make available child pornography is prohibited. AccentHosting.com
is required by law, and will, notify law enforcement agencies when
it becomes aware of the presence of child pornography on, or being
transmitted through, the Services.
Other Illegal Activities
The use of the Services to engage in any activities that are determined
by AccentHosting.com, in its sole and absolute discretion, to be
illegal is prohibited. Such illegal activities include, but are
not limited to, storing, posting, displaying, transmitting or otherwise
making available ponzi or pyramid schemes, fraudulently charging
credit cards or displaying credit card information of third parties
without their consent, and failure to comply with applicable online
privacy laws. AccentHosting.com will cooperate fully with appropriate
law enforcement agencies in connection with any and all illegal
activities occurring on or through the Services.
Obscene, Defamatory, Abusive or Threatening Language
Use of the Services to store, post, transmit, display or otherwise
make available obscene, defamatory, harassing, abusive or threatening
language is prohibited.
Other Activities
Engaging in any activity that, in AccentHosting.com's sole and absolute
discretion, disrupts, interferes with or is harmful to (or threatens
to disrupt, interfere with or be harmful to) the Services, AccentHosting.com's
business, operations, reputation, goodwill, customers and/or customer
relations, or the ability of AccentHosting.com's customers to effectively
use the Services is prohibited. Such prohibited activities include
making available any program, product or service that is designed
to or could be used to violate this Usage Policy. In addition, the
failure by a Subscriber to cooperate with AccentHosting.com in correcting
or preventing violations of this Usage Policy by, or that result
from the activity of, a customer of the Subscriber is a violation
of this Usage Policy.
In general, AccentHosting.com does not monitor its customers' websites
or activities to determine whether they are in compliance with this
Usage Policy. However, when AccentHosting.com becomes aware of any
violation of this Usage Policy or its User Agreement, AccentHosting.com
may take any action to stop or correct such violation, including,
but not limited to, shutting down a website, denying access to the
Services or to the Internet, and/or removing information. In addition,
AccentHosting.com may take action against a Subscriber or a customer
of such Subscriber because of the activities of such customer. AccentHosting.com
reserves the right to take any such action even though such action
may affect other customers of the Subscriber.
AccentHosting.com may disclose any information in its possession,
including, without limitation, information about Subscribers, internet
transmissions and website activity in order to comply with a court
order, subpoena, summons, discovery request, warrant, statute, regulation
or governmental request, to protect AccentHosting.com or others
from harm, and/or to ensure the proper operation of the Services.
AccentHosting.com has no obligation to notify any person, including
the Subscriber about whom information is sought, that AccentHosting.com
has provided the information.
Copyright Notice Infringement Information
In accordance with the Digital Millennium Copyright Act, AccentHosting.com
has adopted a policy that provides for termination of websites hosted
by AccentHosting.com that are found to infringe on copyrights of
third parties. If a copyright holder believes that there has been
a violation of his or her copyright on a website that is hosted
by AccentHosting.com or its subsidiaries, and the copyright holder
wants AccentHosting.com to remove the website or disable the material
in question, AccentHosting.com will remove the website or disable
the material if the copyright holder provides us with all of the
following information:
1. A signature of a person authorized to act on behalf of the owner
of the exclusive right that is allegedly infringed. Identification
of the copyrighted work that is claimed is being infringed, or,
in the case of claimed infringement of multiple copyrighted works,
a representative list of such works.
2. Identification of the material that is claimed to be infringing
or is the subject of infringing activity and that should be removed
or access to which should be disabled, with information reasonably
sufficient to permit us to locate the material.
3. Information reasonably sufficient to permit us to contact the
person giving the notification, such as an address and telephone,
and, if available, an electronic mail address at which such person
may be contacted.
4. A statement that the person giving the notification has a good
faith belief that use of the material in the manner complained of
is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information in the notification is accurate,
and under penalty of perjury, that the person giving the notification
is authorized to act on behalf of the owner of the exclusive right
that is allegedly infringed.
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Refund Policy
AccentHosting.com provides a 30 Days Money Back Guarantee on all
of its hosting plans. If you are dissatisfied with your service
for any reason, you will receive a full refund (minus overage charges)
if you cancel your account within 30 days of activation.
Our refund policy does not apply to any additional items or services;
this includes but is not limited to Dedicated IP's.
Also NOT included are Domain Registration services, Dedicated Hostings,
and One-time Setup Fees.
No refunds are available after the initial 30 day period. Any request
for cancellation must be received via the web, regular mail or fax
and you will receive a confirmation upon the cancellation of your
account.
Cancellations over the telephone and informal email are not accepted.
This 30 day money back guarantee does not apply to any fees associated
with these accounts. Accounts cancelled/terminated by AccentHosting.com.
for violating our Usage Policy do not qualify for our 30 day money
back guarantee. For example, if your account is cancelled due to
spamming, you will not be given any refund.
Please allow 3-4 working days for refunds to take place.
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Privacy Statement
AccentHosting.com demonstrates its commitment to our customers'
privacy by providing this statement. We will do everything in our
power to ensure your right to privacy. We are committed to developing
long lasting relationships that are built on trust. AccentHosting.com
will never violate that trust.
Personal Data Transmissions Are Encrypted
When you order from AccentHosting.com, all your personal information
is protected. We use Secure Sockets Layer (SSL), the industry standard,
for encrypting all personal information, including name, address
and credit card numbers.
Confidentiality of Personal Information
AccentHosting.com will never provide or sell your personal information
to any third party.
Policy Changes
While AccentHosting.com will provide our clients with reasonable
notification, AccentHosting.com reserves the right to change its
policy at any time to meet the needs of our customers, changing
laws and new technology.
Cookie Policy Statement
AccentHosting.com understands that many of you are concerned about
cookies. We provide this Cookie Policy Statement to let you know
how we use this technology. AccentHosting.com uses cookies to help
us improve our website and web hosting services, and for the increased
convenience of our customers.
Cookies For Improving Our Website
AccentHosting.com uses cookies to inform us of a repeat visit. The
cookie does not store personal information, such as your name, email
address, or passwords.
Cookies For Customer Account Management
AccentHosting.com is dedicated to using the newest technologies
in order to simplify our customers' lives. As part of our web hosting
package, AccentHosting.com offers password-protected web-based management
tools. AccentHosting.com uses cookies to ensure customer's security
and detect amount of non-usage time for automated logoff.
