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A2 Hosting, Inc.
Terms and Conditions (Acceptable Use Policy)

These are the Acceptable Use Policies (AUP) of A2 Web Hosting. All clients of A2 Web Hosting agree to abide by these policies. A2 Web Hosting reserves the right to change and update these policies as it sees necessary.


Introduction

The primary purpose of A2 Web Hosting is to facilitate communication with the numerous computer networks commonly referred to collectively as "the Internet." It is A2 Web Hosting's intention to allow A2 Web Hosting's users complete access to everything the Internet has to offer, with minimal or no interference from A2 Web Hosting.

However, many of the individual networks or portions of the Internet have specific guidelines for use. As the Internet expands, it is increasingly common for an Internet Service Provider, such as A2 Web Hosting, to be blocked from use of another organization's systems due to violations of that system's guidelines. Because A2 Web Hosting runs multi-user systems, actions of one A2 Web Hosting customer can have a severe impact on other customers' ability to use the system(s). This is unfair to all A2 Web Hosting users.

To this end, A2 Web Hosting has developed these Acceptable Use Policies. They are intended to inform A2 Web Hosting's Customers of what A2 Web Hosting considers to be acceptable conduct in relation to the Internet, and to inform Customers what actions A2 Web Hosting may take, with or without notice, in the event that A2 Web Hosting becomes aware of inappropriate use of A2 Web Hosting's service. This AUP will be used to help A2 Web Hosting system administrators deal with complaints from users of A2 Web Hosting or other Internet-connected systems, and to determine when action should be taken.It is expected that all A2 Web Hosting Customers will follow the policies set forth herein. These policies are drawn from applicable law and generally accepted standards of Internet conduct, and are intended to ensure protection of A2 Web Hosting's technical resources, ability to continue to provide high quality service to its customers, and the protection of A2 Web Hosting's reputation as a service provider.


ACCESS TO A2 Web Hosting's INTERNET SERVICE IS PROVIDED SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:

1. Warranties/Disclaimers

A2 Web Hosting Internet service is provided on an "as is, as available" basis. No warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to A2 Web Hosting or any information or software therein. You release A2 Web Hosting from and A2 Web Hosting shall have no liability or responsibility for any direct, indirect, incidental or consequential damages suffered by you in connection with your use of or inability to use the A2 Web Hosting services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by you even if the same is caused by A2 Web Hosting's own negligence. Without limiting the generality of the foregoing, A2 Web Hosting disclaims to the full extent permitted by applicable law any responsibility for (and under no circumstances shall be liable for) any conduct, content, goods and services available on or through the Internet or the A2 Web Hosting services. In no event shall A2 Web Hosting's aggregate liability exceed the amount paid by you to A2 Web Hosting for the A2 Web Hosting services. Use of any information obtained via A2 Web Hosting's Internet service is at the user's own risk. A2 Web Hosting specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.

2. Security

The Customer is responsible for all use of the Customer's account(s) and confidentiality of password(s), including choosing safe passwords and ensuring file protections are set correctly. A2 Web Hosting will suspend access or change access to Customer's account(s) immediately upon notification by Customer that Customer's password has been lost, stolen or otherwise compromised. A2 Web Hosting is not liable for any usage and or charges prior to A2 Web Hosting making the necessary account alteration. Electronic mail on this system is as private as we can make it. A2 Web Hosting's Customers are reminded that no computer network can ever be considered completely safe from intrusion. E-Mail may pass through many computer systems, and should not be considered a secure means of communication unless encrypted – and even encrypted information is only as secure as the encryption method utilized.

3. Personal Files

A2 Web Hosting is not responsible for any Customer's personal files residing on A2 Web Hosting. The Customer is responsible for independent backup of the Customer's data that is stored on A2 Web Hosting. A2 Web Hosting reserves the right to delete any Customer 's personal files after one or both parties terminates the service agreement between A2 Web Hosting and the Customer.

4. Non-Transferability of Account

The right to use A2 Web Hosting's Internet service is not transferable. Use of A2 Web Hosting accounts is expressly limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address. A Customer may use no more than one log-in session per account at any time. If a Customer has multiple accounts, the Customer is limited to one log-in session per account at any time.

5. Network Address Ownership

Any network address assignments issued by A2 Web Hosting (i.e., IP addresses and Class C address space) are the property of A2 Web Hosting and are considered to be loaned to its customers. In the event service with A2 Web Hosting is discontinued for any reason, such addresses will revert to A2 Web Hosting. If a Customer of A2 Web Hosting participates in a service of A2 Web Hosting which provides for a unique Domain Name System (DNS) entry, the Customer will retain ownership of the assigned Domain Name, but not the IP address to which it was assigned by A2 Web Hosting.

6. Compliance with all Laws

Customer agrees to use the service in a manner consistent with any and all applicable laws and regulations of the United States of America, the State of Michigan, and the Customer's locality. Reproduction or transmission of any material in violation of any local, state, U.S., or international law or regulation is prohibited. The Customer agrees that any material to be reproduced or transmitted on A2 Web Hosting's service through Customer 's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene, libelous or threatening. Software intended to facilitate any such violations or infringements may not be stored on A2 Web Hosting. The Customer shall defend, indemnify and hold harmless A2 Web Hosting from and against any claims, liabilities and expenses, including attorney fees, resulting from any Customer's use of the A2 Web Hosting service or a Customer's account in an unlawful manner or otherwise in violation of or contrary to the Customer's Agreement with A2 Web Hosting or A2 Web Hosting's Acceptable Use Policies. At A2 Web Hosting's discretion, A2 Web Hosting may revoke any Customer's access to A2 Web Hosting services or accounts for inappropriate usage. Please refer to our DMCA Policy for details regarding takedown and reinstatement procedures for sites in possible violation of the Digital Millennium Copyright Act. http://www.a2hosting.com/dmcapolicy.php

7. Unacceptable Conduct

The following types of conduct are grounds for immediate suspension of service pending investigation by A2 Web Hosting and may result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic. In addition, A2 Web Hosting reserves the right, where feasible, to implement technical mechanisms which block multiple postings by a A2 Web Hosting Customer as described in (a) and (b) below before such postings are forwarded:

(a) Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 20) or continued posting of articles which are off-topic according to the newsgroup charter, or which provoke complaints from the regular readers of the newsgroup for being inappropriate).

(b) Sending unsolicited mass E-Mailings (i.e., to more than 25 users) which provoke complaints from the recipients or sending more than 500 emails per hour even if solicited. Our systems are not designed to be used for mailing lists containing over 500 recipients. Sending more than this will be considered excessive usage and could cause suspension of service.

(c) Engaging in either (a) or (b) from a provider other than A2 Web Hosting and using an account on A2 Web Hosting as a mail drop for responses, or to draw attention to a web site housed within A2 Web Hosting's networks.

(d) Continued harassment of other individuals on the Internet after being asked to stop by those individuals and/or by A2 Web Hosting.

(e) Mail bombing, i.e., sending large volumes of unsolicited E-Mail to individuals or to individual business accounts.

(f) Impersonating another user or otherwise falsifying one's user name in E-Mail, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)

(g) Privacy violations: Attempts, whether successful or not, to gain access to any other system or users' private data without express consent of the user.

(h) Use of IRC bots or clonebots on A2 Web Hosting whether on IRC servers controlled by A2 Web Hosting or by other parties. An IRC bot is a program which runs and is connected to an IRC server 24 hours a day, automatically performing certain actions.

(i) Network unfriendly activity: Attempts to interfere with the regular workings of A2 Web Hosting's systems or network connections or which adversely affect the ability of other people or systems to use A2 Web Hosting services or the Internet, including, but not limited to:

  1. any unauthorized attempts by a user to gain root access or access to any account not belonging to that user on this or any other A2 Web Hosting system;

  2. any use of this or any other A2 Web Hosting system as a staging ground to disable other systems.

(j) Any activity which violates the laws or statutes of the United States and the State of Michigan.

(k) Hosting of Adult/Pornographic Content - Content designed to sexually arouse is prohibited throughout the A2 Hosting Network. This includes sites that may allude to sexual content and/or links to adult content elsewhere. In general, frontal nudity (not for science, health, fine art, or general educational purposes) and/or content meant to sexually arouse is prohibited. Child Pornography of any kind is prohibited throughout the A2 Hosting Network and will be reported to the authorities if found. A2 Hosting reserves the right to determine what violates this policy.

(l) Any attempt to proxy through our servers or hosting of proxy software.

8. Excess Utilization of System or Network Resources

A2 Web Hosting account descriptions in some cases may specify limits on bandwidth, CPU and disk utilization for certain types of Customers, and use up to these limits is included in the price for that type of Customer. Services provided by A2 Web Hosting are not designed to be used for network file backup or storage of excessive data unrelated to the Customer's website content or email. In the event A2 Web Hosting determines that a Customer is exceeding the bandwidth, CPU and/or disk utilization limits, the Customer will be notified by E-Mail. If the excess use continues for more than 48 hours after such notification, the Customer may be requested to upgrade to a web hosting service agreement or to modify the activity creating the excess use. If excessive bandwidth, CPU or disk space utilization is determined by A2 Web Hosting to adversely affect A2 Web Hosting's ability to provide service for all customers, immediate action may be taken to alleviate the problem. In such event, the Customer will be notified by E-Mail as soon as practicable.

A2 Web Hosting does not provide hosting services for streaming media. Hosting of streaming video, audio, or other media is not allowed on A2 Web Hosting's servers.

9. Compliance with Rules of Other Networks

Any access to other networks connected to A2 Web Hosting's Internet service must comply with the rules for that other network as well as with A2 Web Hosting's rules.

10. Monitoring/Privacy

A2 Web Hosting reserves the right to monitor any and all communications through or with A2 Web Hosting facilities. Customer agrees that A2 Web Hosting is not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that no expectation of privacy is afforded. It may become necessary for A2 Web Hosting employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred. A2 Web Hosting also reserves the right to access a Customer's mailbox or other files stored on A2 Web Hosting systems to resolve system problems or mail system errors.

11. Cooperation with Authorities

A2 Web Hosting reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity including, but not limited to, illegal transfer or availability of copyrighted material, postings or e-mail containing threats of violence or other illegal activity.

12. Confidentiality of Personal Subscriber Information

A2 Web Hosting will not release a Customer's personal subscriber information, nor a Customer's billing information, to any third party except upon presentation of a valid court order of a government or entity within our jurisdiction. Customer agrees that A2 Web Hosting's judgment as to the validity of any court order of subpoena shall be considered proper and final.

13. A2 Web Hosting's Right to Suspend or Cancel Account

A2 Web Hosting reserves the right to suspend or cancel service to a Customer at any time and without notice, for any reason, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of A2 Web Hosting that the Customer may be performing activities harmful to A2 Web Hosting or its Customers, employees, vendors, business relationships or any other users of the Internet.

14. Right to Damages

A2 Web Hosting reserves the right to collect damages (software, hardware and man hours) if any harm is done to A2 Web Hosting which requires repair or reconfiguration of any kind. In the event a Clients account is turned over to a collection agency, Client accepts and acknowledge that the Client will be responsible for all applicable fees A2 Web Hosting incurs related to t he collection of monies due A2 Web Hosting.

15. Other Remedies/Non-Waiver

Nothing contained in these policies shall be construed to limit action A2 Web Hosting may take or remedies available to A2 Web Hosting in any way with respect to any of the described conduct. A2 Web Hosting reserves the right to take any additional actions A2 Web Hosting may consider appropriate with respect to such conduct, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the A2 Web Hosting service, and levying cancellation charges to cover A2 Web Hosting's costs in the event of disconnection of dedicated access for the causes outlined above. In addition, A2 Web Hosting reserves at all times all rights and remedies available to A2 Web Hosting with respect to such conduct at law or in equity. Non-enforcement of any policy or rule herein does not constitute consent or waiver, and A2 Web Hosting reserves the right to enforce such policy or rule at its sole discretion.

16. A2 Web Hosting's Right to Change Service

A2 Web Hosting reserves to right to change without notice the A2 Web Hosting service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.

17. A2 Web Hosting's Right to Modify its Acceptable Use Policies

A2 Web Hosting may modify its Acceptable Use Policies upon notice published online via A2 Web Hosting. Customer's use of A2 Web Hosting services after such notice shall constitute Customer's acceptance of the modifications to these policies.

18. A2 Web Hosting Package Terms

A2 Web Hosting's definition of "unlimited" features is at the sole discretion of A2 Web Hosting. 30 day money back guarantee does NOT apply to domain registration or setup fees. Customers who desire a refund on a prepaid account will be re-billed at the regular price as opposed to the discount. Only the difference between the prepaid amount and the re-billed regular price will be refunded.

19. A2 Hosting Billing Policy

All packages are automatically renewed on their renewal date after the initial term. The next renewal dates are included in every invoice. All package renewals will be invoiced 10 days prior to their renewal date unless other arrangements have been made or a cancellation request has been received. Cancellation requests must be received up to 5 days prior to the next package renewal date in order to not be automatically billed for the next renewal period. Those that have chosen credit card billing will automatically be charged to the credit card on file on the package renewal date. Domain renewals are processed at least 30 days before the domain expiration date. Requests to cancel a domain registration will need to be submitted before the 1st of the month that is 30 days before the domain expiration date. Once an invoice is generated and paid, a domain renewal cannot be cancelled or refund issued. If you have any questions about our billing policy, please submit a support ticket.

Invoices are due on the package renewal date. Accounts that have any invoices that are more than 14 days overdue will be suspended unless prior arrangements have been made.

Accounts that are more than 2 months overdue will be subject to termination and all data will be removed from our servers.

All cancellation requests must be sent through the cancellation form at https://www.a2hosting.com/cancel.php. Refunds are not offered for partial months of service. Accounts that are terminated due to Terms of Service violations are not eligible for any refunds.

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