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.
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.
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
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.
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.
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.
payment is not received within 30 days of due date all files associated
with the account will be deleted from our server permanently.
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.
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.
periods are minimum of 90 days or three months. You account
creation date is the beginning of your billing period.
not deemed to be created until payment for the account is made
Any account past
due is subject to suspension according to our terms set forth in this
terms of service agreement.
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.
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.
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
Accounts will be automatically billed, on a
monthly quarterly, semi-annual or
annual basis, to the card number on file unless notified otherwise.
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.
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.
There will be a
Re-Activation Fee on any accounts suspended and then later re-activated.
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.
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.
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:
Hacking material -
Includes pirated software, phreaking, hacking, Anarchy, Warrez and any
sites which provide 'links to' or 'how to' information about such
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
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.
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
$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
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.
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.
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.