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Why AVC Hosting? Our Business Policy

Terms of Service

AVC Web Hosting provides World Wide Web page hosting and Electronic Mail services.  AVC Web Hosting maintains certain legal and ethical responsibilities regarding the use of its host computer network and equipment involved with these services.

AVC Web Hosting' general policy is to act as a neutral provider of hosting services to the global Internet. AVC Web Hosting has specific ethical concerns regarding the use of its computers detailed below.  AVC Web Hosting reserves the right to suspend or cancel a customer's access to any or all services provided by AVC Web Hosting when AVC Web Hosting decides that the account has been inappropriately used.

Copyright Policies
All websites and design done or built for you/your company or business under all of our web hosting plans are copyrighted AVC web hosting. This means you get to use the design as long as you are a customer in good standing with AVC or one of our affiliated business divisions. 

After a one year term of hosting transpires you gain the right to use any designs we implement on your behalf permanently. This does not grant you ownership of the design. You may not transfer sell loan or consign the right to use the design to another entity, individual or company. The grant of rights to use the design extends to the original party/entity who has completed the one year of hosting. Business name change does not effect or change this agreement but the sale of the business terminates the copyright agreement allowing use of the design and a new agreement must be negotiated between the new individuals entities or owners and AVC web hosting/design. 

No person company or third party has rights or authority to "transfer" "sell" "loan" "consign" or delegate an "AVC" owned or controlled copyright under any circumstances. 

You must agree to this policy in full or not enter into a hosting agreement with AVC web hosting or it affiliated business divisions or entities. 

You may negotiate any or all parts of this copyright agreement to meet your needs. If you need to negotiate any details you must do so before you enter into a hosting agreement. After you enter into an agreement you will be expected to honor what you have agreed to for a term of no less then one year.

Original Design Work:
If we are employed by you to produce an original website design on an individual basis that is not associated with our hosting service and template designs available under hosting plans then copyrights to said individual design will be negotiated and assigned according to the terms of the contractual agreement between AVC or it's affiliate business and the party entering into the agreement/contract for the original design.

Payment Policies

We do not extend credit to any person business or entity under any circumstances. We are not a credit or credit card company and credit is not our business. 

"ALL HOSTING ACCOUNTS OPERATE STRICTLY ON A PREPAID BASIS" Any account that is not paid by the due date of the next billing cycle will be placed on hold. The website will no longer work or be reachable from the internet and all access to any site files will be suspended until we receive payment for the account. 

If payment is not received within 30 days of due date all files associated with the account will be deleted from our server permanently. 

  1. All pricing is guaranteed for the term of payment received or one year from account creation which ever is longer. Time of guarantee of price applies from date of account creation.

  2. AVC Web Hosting reserves the right to change prices at any time. This will apply to your account after the term of service expires or 1 year from the date your account was created. Our policy is not to change our prices unless our cost go up through unavoidable business circumstances. Unless this happens we will not change pricing except if it is to "reduce" the price. 

  3. Payment periods are minimum of 90 days or three months. You account creation date is the beginning of your billing period. 

  4. Accounts are not deemed to be created until payment for the account is made and verified.

  5. Any account past due is subject to suspension according to our terms set forth in this terms of service agreement. 

  6. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies AVC Web Hosting in writing for a request for termination of services. 

  7. Notification of termination of services must be received and postmarked 4 days (96 hours) before the end of the account billing cycle anniversary date or charges for the next billing cycle will be due and payable. This is to cover processing time.

  8. Checks will be subject to a bank clearing time of 14 days and will not be applied to your account until this time period has transpired under any circumstances. It is your responsibility to get your check to us 14 days before your account expires. If your account expires during the 14 day period we will not place your web site on hold unless your check is returned unpaid (NSF). All returned unpaid checks (NSF) will be assessed a processing fee of $20 plus any fees our bank charges AVC. All payments are to be made in U.S. currency only.

Credit Card auto payment orders

  1. Accounts will be automatically billed, on a monthly quarterly, semi-annual or annual basis, to the card number on file unless notified otherwise. 

  2. All credit card payments will be billed on the date due. In the event the credit card does not clear with the bank, the customer will be notified by email or phone to the email/phone number on file. 

  3. Past due accounts that are not brought current within 96 hours or 4 days of the notice by phone or email are subject to suspension. It is solely your responsibility to keep your contact information current with AVC Hosting. We must be able to reach you by email or phone.

  4. There will be a $10.00 Re-Activation Fee on any accounts suspended and then later re-activated.

  5. Refunds if due will be made by company check. If by credit card the refund must go to the credit card on file. All refunds due will be made within 7 days of receipt of cancellation or notice that results in refund being due. The account will be cancelled at the end of the current billing period unless a date of cancellation is requested and notice is received and deemed made more then 4 days prior to account creation date.

Account Cancellation or Termination

AVC Web Hosting reserves the right to cancel or end any service to any customer at any time. All fees paid in advance of cancellation will be pro-rated and paid by AVC Web Hosting if AVC Web Hosting institutes its right of cancellation.  If cancellation or account termination is caused by customers violation of our hosting policies, then no refund will be paid out unless it is for longer then a 3 month (90 day) term.

Changes in hosting policies will not automatically apply to your account during your paid billing cycle unless it is policy related to changes in United States or any applicable world laws. All changes due to new laws will apply to all hosting accounts "at the time the law goes into effect" not from the time we post the law on the terms of service page and/or notify you of the law change update. After your paid term expires any updates in hosting policy will apply to your account. You will be notified of any Hosting policy updates via email through the email account we have on file for your hosting account.

Due to security concerns, all account cancellations changes must be done by phone or in writing via US mail. 

To cancel or terminate an account the following information is required:
If by mail a valid signature of the primary contact of the account. By mail or phone: user name and original account password. Note: if you change your account password you must retain a record of your original account password so we can verify your identity. This requirement is solely based upon account security purposes so your account can not be terminated without proper authority.

All account terminations will be deemed applicable to your account based solely upon the post mark of the notification letter or exact date of phone call. Due to security concerns account password changes must be made from the original website owner and from within your site control panel. We will not change your account password by phone or email unless you can provide your old password for security authentication. Your account password is your responsibility. 

Hosting Account Acceptable Use Policy

Customers are not permitted to resell or sub-sell web hosting services from their primary domain name. AVC Web Hosting reserves the right to refuse service and/or access to it's servers to anyone.  AVC Web Hosting expressly forbids account/server use for distribution, storing, processing, or otherwise handling in any way the following:

  • Adult material - Includes material such as explicit images, or obscene content. We do not host adult web sites under any circumstances. 

  • Hacking material - Includes pirated software, phreaking, hacking, Anarchy, Warrez and any sites which provide 'links to' or 'how to' information about such material.

  • Defamation or hate based material. No site content will be allowed that promotes hate or racism or defamation of character. 

  • No content will be allowed that breaks any applicable laws. The laws of your resident country will apply to this policy if you are not a US citizen.

  • Spam material  - Includes all forms of unsolicited bulk emailing. 

  • Illegal material - This includes copyrighted works (i.e. mp3 music files, ROM's, emulators), and any material in violation of any Federal, State or Local regulation. 

  • Customer (you) agrees that: Should illegal activity be detected and prosecuted any and all attorney's fees cost/losses and/or collection cost associated with these activities incurred by AVC web hosting shall be the responsibility of and will be paid by the customer (you).

  • If your account is found to be associated with or your web site is found to contain any of the above type of material it will be documented and your account will be suspended immediately and without advance notice.

Overage Policy

The user will be kept abreast of their disk space, bandwidth and email accounts via a web based reporting tool that will let the user know how much disk space, bandwidth and email accounts he/she is consuming.  If the client  surpasses these limits the client can adjust their usage or pay the following surcharges.

Bandwidth: 

  • $3 per 1 gigabytes of data transfer over your plan limit per month. Sold in blocks of 1 gigabytes of data transfer only. 

  • If you go over you will be billed according to amount of data transfer used in increments of 1 gigabytes of transfer of data at $3.00 per 1 gigabyte blocks

  • Storage: .10 per MB over the your plan limit. Sold in blocks of 25 MB. 25 MB equals $2.50

Email accounts: All email account storage counts toward your total allotted account storage provided with your hosting plan. You are responsible for deleting any old email content. You will need to monitor you email accounts and data storage usage.

  • Email addresses: $.25 per pop3 email address over the plan allotment. 

  • A pop3 or SMTP user account is what you log in to with your email client program such as outlook express or outlook and is assigned a unique user name and password for email access.

Indemnification

Customer (you) agrees to defend, indemnify, save and hold AVC Web Hosting harmless from any and all demands, liabilities, losses, costs, judgments, damage awards and claims, including all attorney’s fees asserted against AVC Web Hosting, 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 AVC Web Hosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with AVC Web Hosting’s server; (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 customer from AVC Web Hosting’s server. (5) Any laws violated relating to customer accounts or usage of AVC Hosting services in any form or under any circumstances.

Disclaimer

AVC Web Hosting will not be responsible for any damages. AVC Web Hosting makes no warranties of any kind, expressed or implied for services we provide. AVC Web Hosting disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non deliveries, wrong delivery, and any and all service interruptions caused by AVC Web Hosting and its employees. AVC Web Hosting reserves the right to revise its policies at any time.

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