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Terms and Conditions of Service
Acceptable Use Policy (AUP)

The following hosting contract agreement is between ActiveWebHost.com and you (hereforth known as CLIENT).  The relationship that is established between ActiveWebHost.com and CLIENT involves ActiveWebHost.com as a web hosting provider offering storage space and the Internet connection (not to be confused with an ISP) to transfer stored data whereas the CLIENT seeks the services of ActiveWebHost.com for data storage (including, but not limited to, text files, images, web software (CGI/Perl,etc.), etc.). 

Both parties agree as follows:

The terms and conditions outlined below are designed to protect and benefit all clients.  In particular, they attempt to ensure that the servers are used only for legal and appropriate purposes, and that no client uses an 'unfair' proportion of the shared system resources.
Use of Servers
Clients should not attempt to access the sites of other clients, and should not attempt to hinder the operation of our servers in any way.  We reserve the right to refuse or cancel service to any client that attempts to do so.

Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.

Acceptable Content
Your site must not contain material, or contain any link to material, which is...
  • unlawful,
  • pornographic,
  • nudity,
  • child pornography,
  • gambling-related,
  • threatening,
  • hateful,
  • obscene,
  • material relating to hacking or pirated software,
  • FFA (Free For All Sites)
  • IRCs (they warrant their own server due to the intense resources they demand)
  • copyrighted MP3s, or
  • which encourages unlawful behavior.

We have sole discretion to determine whether a site's content is acceptable.  Sites with unacceptable content will be reported to the correct authorities for further action and all content will be removed from our servers.

We do NOT host adult websites.

If in doubt, ask us and we will be glad to review your request.

No Mirroring
You must not use your site to mirror material on any other site without our express written permission.  This permission will usually be declined unless the resources required are minimal.
Domain Registration
Although your domain name may be available at the time of your search, it is possible that someone else may be in the process of registering it.  If this is the case, the domain name you requested may not be available at the time you place your order.  It's also possible that our automated domain searching software was unable to determine the correct status of a domain name.

In any event, if the domain you are attempting to register is not available, we will contact you in order to find an alternative.

We do NOT allow unlimited subdomains nor do we allow subdomains to be resold.  Any attempt to do so will result in the immediate cancellation of your service.

It is within our right to review any subdomain that appears to be negatively affecting the servers. 

Remember that you are on a shared server.

Monthly Traffic and Bandwidth
Each account comes with a set amount of monthly traffic.

Due to the unique resource characteristics and traffic patterns associated with certain types of sites, the following are limited to traffic:

  • Subhosting - We do NOT allow subhosting on any domain or subdomain
  • Archives / Mirror Sites / Distribution Points - Any site whose primary purpose is file distribution of such items, but not limited to shareware, sound (MP3, AVI, WAV, etc.), Video, Images, Multimedia, Online Gaming, etc.  These types of sites usually warrant their own dedicated or co-located server due to the needs such a site can demand from a server.

Please note that, in the interests of our other customers using our shared servers, we may decline to host extremely high traffic sites and may immediately disconnect such sites if we see fit.  We always try to provide solutions, but we must include this to protect the interests of all of our clients.

We have sole discretion to determine whether and when these provisions apply.

If your sites monthly usage is above your monthly total allotment you will be asked to upgrade to the next package.  We will work with clients to keep their sites alive and fast at all times.

Hosting Plans
Each hosting plan must be used according to it's purpose.

Business is defined as any site whose primary purpose is to promote a business or any part of a business and/or to make money offline or online is considered a business.

  • Entry Plan - Cannot be used for business activities or redirecting to another business related site.  The Entry Plan is only for non-profit organizations, religious organizations , individuals or families.  Entry Plan can have links to affiliate programs and can link to other sites, but cannot be used to simply be a method to bring people into a business site you already own elsewhere.
  • Business Plan - Any site whose primary purpose is to promote a business and/or make money offline or online is considered a business and will fall into a business plan.
  • Reseller Plan - Resellers are building a hosting business by providing ActiveWebHost.com services, under the resellers name, to their clients.  This plan can be used to resell to yourself as many hosting accounts as you wish.

Please note that, in the interests of our other customers using our shared servers, we may suspend or cancel your account based upon the wrong hosting plan selection and our inability to resolve this matter with you.  We don't want to lose a client and as such, we certainly wish to provide solutions and options, but we must include this to protect the interests of all of our clients.

We have sole discretion to determine whether and when these provisions apply.

Use of Disk Space
Your disk space is for your own use only. You may not resell or give away disk space to any third party without written permission from us.

You may not consume disk space with copies of pages which are substantially the same.   For example, you cannot automatically generate multiple copies of a single page and place all the copies on your web site.

Please set your mail software to delete your mail from the server.  This will speed up your mail retrieval and will help you avoid excess disk space charges.   Mailboxes can quickly grow and consume your disk space allowance if you do not delete your mail from the server.

POP3 Quota
We suggest that all clients set their mail software to delete mail from their server promptly after downloading.  This will ensure that our servers remain fast and efficient which results in your website performing to its best ability.

POP3's use your web hosting account space, so if you receive a 2 megabyte email, until you receive this email, it is considered a part of your hosting space.

Make sure to setup your system email, as any misdirected email is automatically sent to this email address.

Database Size
The disk space used by your databases (combined total of your mySQL, flat-file and other databases) should not exceed 50 Mb.  If more than 50 Mb of disk space is used for these databases, the amount over and above 50 Mb will be charged at the usual excess disk space rates.
Additional Domains
You may not use software, such as TrueVirtual, to point additional domain names at your site. This includes subdomains (such as http://subdomain.yourdomain.com/) as well as standard domains (http://www.yourdomain.com/). If you require an additional domain name to be pointed at your site, please contact Tech Support regarding our domain name parking facility.
Chat Rooms and IRC
Chat rooms tend to monopolize system resources and for that reason we do not allow clients to install their own chat rooms.  IRC or IRC bots should not be run on our servers.  Keep in mind that there are several users (hosted accounts) on one server and although our servers are capable of dealing with the demand of multiple accounts, chat rooms and IRC's on the other hand can quickly cause a system wide drain on all resources.  Let's keep your web site speed at it's full potential!
Resource-Intensive Programs
If you install and run a resource-intensive program on our servers there may be an additional monthly charge.
Data Backups
ActiveWebHost.com performs daily backups on all of our servers to ensure critical files are never lost.  Our server software does create daily backups that you may download on your own, we do not restore a file any user has accidentally deleted or modified.  The back-up restoration is for emergency procedures only.

Your are advised to backup all of your own files to your local drive.  ActiveWebHost.com is not responsible for lost data, time, income or any other resource due to faulty backups or non-existent back-ups.

We do make exceptions to restoring files from our backups.  Please consider the value of keeping your own backup conveniently by using your control panel to minimize your costs and problems.

Spam (Unsolicited Bulk Email)
Spamming, or sending of unsolicited bulk email, from our servers is strictly prohibited.

Additionally, you must not use an email address or domain name which is hosted by us to send unsolicited bulk email.  If we decide that you have violated this condition then your account will be deactivated immediately.

The action of sending SPAM, which is strictly prohibited, will qualify your site for immediate deactivation with no refund. ActiveWebHost.com will be the sole arbiter as to what constitutes a violation of this provision. Additionally claims investigated by ActiveWebHost.com about spam from any of our users or users of theirs, will be fined and billed for such work. The fee for such an instance if you are found to be at fault is $1.00 per email sent and up to a $1,000.00 fine per incident.

Prices are subject to change without notice.
Technical Support
We will provide unlimited technical support relating to the operation of your server and the use of the server's facilities. Please note though that we do not generally provide support for problems with your CGI programs or HTML code, though we will provide such support, within reason, at our discretion.
Use of the ActiveWebHost.com's services requires a certain level of knowledge (Internet languages, protocols, software, etc.).  This level of knowledge varies depending on the anticipated use and desired content of CLIENT's web space by the CLIENT.

The following examples are offered:

Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing documents, creating graphics, text, sound, image mapping, etc.

Software: requires knowledge of HTML creation software (from an HTML text editor to a WYSIWYG editor like Microsoft® Front Page™), FTP software, SSH/Telnet software, image software, etc.

CGI-Scripts: requires a knowledge of the UNIX environment, TAR & ZIP commands, Perl, C Shell scripts, permissions, etc.

E-mail: a knowledge of POP3 service, mail forwarding, use of mail CLIENTs to receive mail, etc.

The CLIENT agrees that he or she has the necessary knowledge to create and utilize ActiveWebHost.com's service without reliance on ActiveWebHost.com. CLIENT agrees that it is not the responsibility of ActiveWebHost.com to provide this knowledge or customer support outside of the defined service of ActiveWebHost.com.

Age Limitation
ActiveWebHost.com cannot accept hosting arrangements from persons under the age of 18 years of age.  If CLIENT is not 18 years or older, CLIENT must have a parent or guardian accept this agreement and establish payment.
% Up Time
We use only top quality servers, switches, and routers. This translates in great reliability and uptime. As a result, within our own server farm and facilities that are under our own control and management, we guarantee that our network will be up and functioning 99% of the time per month.

We are not responsible for outages or circumstances beyond our control that hinder access to your site or server such as:

  • Traffic conditions on the Internet
  • Hardware failure
  • DDoS or other attacks
  • ISP problems
  • Browser or DNS caching
  • An outage from an upstream facility outside of our network

Occasionally servers and systems must be brought down for routine maintenance and upgrades to ensure that your site will perform optimally. However, we strive to keep such service interruptions to a minimum, and, when possible, give you advance notice of any scheduled maintenance. Scheduled service outages do not qualify for this guarantee!

Additionally, this guarantee is your remedy for any unscheduled downtime of more than eight hours a month (365 days x 24 hours = 8760 hours / 12 months 730 Hours a Month x 90% = 7.3 Hours a month rounded up = 8 total hours a month maximum unscheduled downtime. We will provide a credit in the amount of 1 day of service for every hour that your domain or server is unreachable due to a problem beyond our control. Downtime must be confirmed by a staff member in our support system.   Maximum credit given will be for 1 free month of hosting or $35.00 whichever is less. The credit will be applied to your invoice on your next billing due date. Dedicated server clients will only be credited for local network or server hardware problems. Colocated clients will only be credited for local network problems.

Your success is our success, and it is our goal to have your website respond as fast as possible and to be available 100% of the time.

ActiveWebHost.com also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the CLIENT, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the CLIENT. Use of any information obtained by way of ActiveWebHost.com is at the CLIENT's own risk, and ActiveWebHost.com specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and does not represent guarantees of available end-to-end bandwidth. ActiveWebHost.com expressly limits its damages to the CLIENT for any non-accessibility time or other down time to the prorated monthly charge during the system unavailability. ActiveWebHost.com specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
Trademarks and Copyrights
CLIENT warrants that it has the right to use the applicable trademarks, registered trademarks, service marks, slogans, etc., if any, and grants ActiveWebHost.com the right to use such trademarks in connection with ActiveWebHost.com's service. This includes the right granted by CLIENT to ActiveWebHost.com for you to place your trademark or copyrighted material on our servers and storage devices in conjunction with ActiveWebHost.com's service.
Billing Policy
CLIENT agrees with the stated billing policy which can be read here.
Refusal of Service
We reserve the right to refuse or cancel service at our sole discretion.

If you breach any of the above terms and conditions we reserve the right to deactivate your account immediately.

Account Cancellation
In order to protect you from someone intentionally or unintentionally canceling your account, we request your log in information during account cancellation.

Unless otherwise stated, a cancellation will only be accepted if it is done as follows:

CLIENT must provide cancellation request to ActiveWebHost.com using our online support form.  The request must include the following information:

  • Your Name,
  • Account Name (domain),
  • Account Log In Name,
  • Account Password,
  • Cancellation Date (date to delete account),
  • Cancellation Reason (optional - used to help us provide better service).

We will reply to the master email address we have on account when you originally signed up (or your control panel email address).  To protect your hosting account, until we have an official reply from your master email account, we cannot cancel your account.

All account cancellations must be received in the above manner at least fifteen (15) days in advance of first day of the month.  Accounts cancelled with less than fifteen (15) days notice shall be cancelled at the end of the next term and shall be charged accordingly.

When a cancellation request is made, ActiveWebHost.com will immediately remove all configuration information as well as all contents of the account on or about the first of the next month. If so desired, CLIENT may request immediate cancellation whereby ActiveWebHost.com will immediately remove all files, databases, email accounts, etc.

Limitation of Liability
The client agrees to indemnify and hold this hosting service and its associates harmless from any claims resulting from the use of the service, including claims relating to damage to the subscriber or to any other party.

CLIENT is not entitled to any sort of refund due to ignorance of ActiveWebHost.com's underlying service or payment policies. This includes, but is not limited to, cancellation because of a one month minimum payment upfront, ActiveWebHost.com not providing dial-up Internet access, problems registering or transferring any domain, U.S. top-level or foreign, getting programs (CGI scripts) or features (search engines, guest books, etc.) working on the CLIENT's account.  CLIENT may not be entitled to any sort of refund because he/she had violated any one of the restrictions outlined in the acceptable uses policy above, even if the CLIENT provided written notice within 30 days for a service-related reason. CLIENT will not be entitled to a refund for cancellation due to the fact that he/she did not read our acceptable uses and later learned that his/her content violates our acceptable uses. Acts of God, including but not limited to, earthquakes, thunderstorms, or fires which result in an interruption in service are exempt from the service guarantee. Because these circumstances are beyond the control of ActiveWebHost.com, the service guarantee will be void under these conditions. However, ActiveWebHost.com will make every good faith effort to reinstate service to CLIENT as quickly as possible.

CLIENT expressly agrees that use of ActiveWebHost.com's equipment is at CLIENT's sole risk. Neither ActiveWebHost.com, its employees, affiliates, agents, third party information providers, resellers or the like, warrant that ActiveWebHost.com's service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through ActiveWebHost.com, unless otherwise expressly stated in this Agreement.

Under no circumstances, including negligence, shall ActiveWebHost.com, its offices, agents or any one else involved in creating, producing or distributing ActiveWebHost.com's service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use of ActiveWebHost.com's service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to ActiveWebHost.com's records, programs or services. CLIENT hereby acknowledges that this paragraph shall apply to all content on ActiveWebHost.com's Server service.

Notwithstanding the above, CLIENT's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which CLIENT paid during the term of this Agreement.

CLIENT agrees that it shall defend, indemnify, save and hold ActiveWebHost.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against ActiveWebHost.com, its agents, its customers, resellers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by CLIENT, its agents, employees or assigns. CLIENT agrees to defend, indemnify and hold harmless ActiveWebHost.com against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with ActiveWebHost.com's equipment; (ii) any material supplied by CLIENT infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which CLIENT sold using ActiveWebHost.com's service.

This agreement represents the complete agreement and understanding between ActiveWebHost.com and the CLIENT and supersedes any other written or oral agreement. Upon notice published on-line via ActiveWebHost.com, ActiveWebHost.com may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue to change the services offered. Submission of your account order shall constitute your complete acceptance of these Terms and Conditions.

This Agreement shall be governed and construed in accordance with the laws of the State of Kentucky and of the Internet.
These terms may be modified at any time and without notice. All users previous and new are always subject to the newest terms posted here at all times.

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