AS:Hosted

Terms Of Service

Definitions

"We" "Us" "Provider" or "AS Hosted" refers to ASHosted.com ASHosted.co.uk; and "You" "Your" "Client" or "Customer" refers to each person or entity who applies for internet service or is a designate of any one who applies for internet service with AS Hosted. When you sign up for the services provided by AS Hosted, this agreement shall become applicable and effective. There are certain rules governing the acceptance of new hosting applications. They are as follows;

Account

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not at the domain(s) you are signing up under.

Server Use

AS Hosted reserves the right to refuse service and/or access to its servers to anyone. AS Hosted does not allow any of the following content to be stored on its servers:

Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading. Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of AS Hosted. Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

The customer agrees to indemnify and hold harmless AS Hosted from any claims resulting from the use of our services.

Bandwidth Usage

AS Hosted offers high data transfer. In rare cases, AS Hosted may find a customer to be surpassing their limit and using server resources to such an extent that he or she may jeopardise server performance and resources for other customers. In such instances, AS Hosted reserves the right to impose the High Resource User Policy for the consideration of all customers.

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

High Resource User Policy

Resources are defined as bandwidth and/or processor utilisation.

AS Hosted may implement the following policy to its sole discretion: When a website is found to be surpassing their data transfer limit per month on a single account and/or monopolising the resources available, the account holder will be contacted in order to discuss the situation. If no arrangement can be reached or the account holder cannot be contacted within 12 hours, AS Hosted reserves the right to terminate the account giving one week�s notice. If the user's site is severely affecting the performance of the server, AS Hosted has the right to act immediately in order to resume the normal operation of the network. The High Resource User Policy also refers to other parts of the servers/network, including mail and ftp, plus the use of processor time.

Disk Usage

Customer agrees that disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). AS Hosted will monitor Customer's bandwidth and disk usage. AS Hosted 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 is in AS Hosted`s sole and absolute discretion. If AS Hosted 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.

Spam and Unsolicited Email

AS Hosted takes a zero tolerance approach to the sending of unsolicited email or spam over our network. Very simply this means that customers of AS Hosted may not use or permit others to use our network to transact in spam or unsolicited email. Customers of AS Hosted may not host, or permit hosting of, sites or information that is advertised by spam or unsolicited email from other networks. Violations of this policy carry severe penalties, including termination of service.

Violation of AS Hosted's Spam policy will result in severe penalties. Upon notification of an alleged violation of our Spam policy, AS Hosted will initiate an immediate investigation (within 48 hours of notification). During the investigation, AS Hosted may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our Spam policy, AS Hosted may, at its sole discretion, restrict, suspend or terminate customer's account. Further, AS Hosted reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. AS Hosted will notify law enforcement officials if the violation is believed to be a criminal offense.

First violations of this policy will result in an "Administrative Fee" of $300 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $550 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $450 per hour that AS Hosted personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

As our Customers are ultimately responsible for the actions of their clients over the network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

Fraud

Use of AS Hosted`s service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters." This will constitute a breach of our Terms and Conditions, and will result in your account being suspended or removed.

Payment Information

You agree to supply appropriate payment for the services received from AS Hosted, in advance of the time period during which such services are provided. You agree that until and unless you notify AS Hosted of your desire to cancel any or all services received, those services will be billed on a recurring basis.

AS Hosted reserves the right to change the monthly payment amount and any other charges at anytime.

Renewals

Your account will be automatically renewed on the anniversary date of your account under the same fee structure, unless you give written notice to AS Hosted seven (7) days before the renewal date that you do not wish to renew such account. Please see the heading "Cancellation" for information on cancelling your account.

Cancellation and Refunds

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Domain purchases are non refundable and can not be refunded.

Customers may cancel at any time. AS Hosted requires a three (3) day written cancellation notice prior to the anniversary billing date for discontinuance or downgrades of month to month services. Failure to supply the requisite three (3) days written notice of cancellation will result in a full billable monthly cycle prior to cancellation. AS Hosted gives you an unconditional 15 day money back guarantee on managed shared hosting, and reseller solutions. There are no refunds on dedicated servers.

Backups and Data Loss

Your use of the service and AS Hosted provided backups is at your sole risk. AS Hosted is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on AS Hosted servers.

Resource Usage

Users may not initiate the following:

Use 25% or more of system resources for longer then 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.

Run any software that interfaces with an IRC (Internet Relay Chat) network.

Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

Run any bit torrent

Indemnification

Customer agrees that it shall defend, indemnify, save and hold AS Hosted (for clarification, a service by AS Hosted) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against AS Hosted, 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 AS Hosted against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with AS Hosted's servers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement; (4) any defective products sold to customer from AS Hosted's servers, and (5) any statements made within information or pictures held on our servers that may be seen as unsuitable, defamatory, misleading or libelous in any way.

Force Majeure

AS Hosted will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour 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.

Data Protection

Although AS Hosted maintains strict confidentiality on Customer's information, there are certain exceptions in which AS Hosted may disclose information in its possession, including but not limited to information about the Customer's internet transmissions and website activity in order to comply with court order, subpoena, discovery request, warrant, statute, regulation or official governmental requests. AS Hosted has no obligation to notify Customer about whom the information is sought or that AS Hosted has provided the information. Customer acknowledges the above exceptions and agrees to them without reservation.

Entire Agreement;Severability

This Agreement represents the entire agreement between the parties, and supersedes all previous representations, understandings or agreements. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement will 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 is a corporation other legal corporate 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.

AS Hosted reserves the right to revise its policies at any time.

Revised: Thursday, 5 January 2006.