Terms of Service for ASG Web Hosting
User-Supplied Content
All services may be used for lawful purposes only. Through ASG Web Hosting's
service, you may have access to chat areas, bulletin boards, webpages, email, or
other services that enable you to send or post materials ("content") and make
that content available to others. You must not submit, publish, or display on
the network any defamatory, inaccurate, abusive, obscene, infringing, or
threatening content. In addition, you may not submit, publish, or display any
content that violates any US Federal, State, or Local Law. You are solely
responsible for the content you make accessible through the ASG Web Hosting
network. You may not use the service to assist any other person or entity to
violate any Federal, State, or Local Laws, Ordinances, or Regulations.
ASG Web Hosting is not obligated to monitor the network to examine available
content. You hereby acknowledge that if we are made aware of content that is
determined to be, in its sole discretion, unacceptable, undesirable, offensive,
indecent, obscene, excessively violent, or otherwise objectionable, ASG Web
Hosting has the right, but not the obligation, to edit, remove, or deny access
to such content. ASG Web Hosting may disclose any content or records concerning
a customer's account as required to satisfy any Law, Regulation, Governmental
Request, or Court Order.
Pornography and sex-related merchandising are prohibited on all ASG Web Hosting
servers. This includes sites that may infer sexual content, or link to adult
content elsewhere. This is also true for sites that promote any illegal activity
or content that may be damaging to ASG Web Hosting's servers or any other server
on the Internet. In addition, any site selling or promoting bulk email service
is not allowed. Below are some examples of non-acceptable content or links:
Adult Sites - Any erotic or pornographic material, links to adult sites. Nudity
Allowed, but no pornography.
Pirated Software (Warez) - Any software that is copyrighted and not freely
available for distribution without cost: i.e. ROMs, ROM Emulators, and MPEG
Layer 3 files (MP3s).
Copyright Violation - Engaging in activity that infringes or misappropriate the
Intellectual Property rights of third parties, including copyrights, trademarks,
service marks, trade secrets, software piracy and patents and other similar
rights held by third parties shall result in termination of all "subscribers"
privileges on the server.
Hacking/Phreaking - Includes sites with material, links, or resources for
hacking, phreaking, viruses, anarchy, or any type of site that promotes or
participates in willful harm to internet sites or providers.
Network Security
Customers may not use the ASG Web Hosting network with an attempt to circumvent
user authentication or security of any host, network, or account. This includes,
but is not limited to, accessing data not intended for the customer, logging
into a server or account the customer is not expressly authorized to access,
password cracking, probing the security of other networks in search of weakness,
or violation of any other organization's Security Policy. Customers may not
attempt to interfere or deny service to any user, host, or network. This
includes, but is not limited to, flooding, mail bombing, or other deliberate
attempts to overload or crash a host or network. ASG Web Hosting will cooperate
fully with investigations of violations of systems or network security at other
sites, including cooperating with Law Enforcement Authorities in the
investigation of suspected criminal violations. Users who violate system or
network security may incur criminal or civil liability.
CGI Scripts
Each ASG Web Hosting account comes fully equipped with its own pre-configured
CGI-Bin. Customers are free to use any CGI-Scripts provided with their account
or add any additional ones they require. Any CGI-Scripts deemed to be adversely
affecting the server performance or the network integrity may be shut down
without prior notice. CGI-Script sharing with domains not hosted by ASG Web
Hosting is not allowed.
Server Resources
Any website that uses a high amount of server resources (such as, but not
limited to CPU time, memory usage, and network resources) will be given an
option of either upgrading their service level or reducing the resource used to
an acceptable level.
Background Running Programs
Background Daemons in general are prohibited. ASG Web Hosting will consider
requests on a per application basis. If allowed, extra charges will be assessed
based on resource requirements for system maintenance.
IRC
ASG Web Hosting prohibits its customers from operating IRC or IRC Bots on any of
the servers in the ASG Web Hosting Network.
Backups / Restores
As a courtesy, ASG Web Hosting provides a backup service on shared hosting
accounts. You can request our administrators to run a backup of your site or any
files for a one-time charge. Although ASG Web Hosting tries to ensure these
backups are complete and accurate, we cannot guarantee data integrity. It is
possible that a site and/or file may not be able to be restored without our
knowledge. ASG Web Hosting recommends that the customer periodically and
frequently backup their site to their local computer. On most accounts there is
a backup manager that can assist you in this process. A backup may not be
included with a dedicated server type plan. We recommend that dedicated server
customers purchase a backup option to protect data.
Commercial Advertising/Mass Mailings
You must not use the ASG Web Hosting network, ASG Web Hosting equipment, or any
ASG Web Hosting email address in connection with the transmission of spam,
flames, mail bombs, or substantially similar, unsolicited email messages. Your
domain may not be referenced as originator, intermediary, or reply-to address in
any of the above. This prohibition extends to the sending of unsolicited mass
mailings from another service that in any way implicates the use of the ASG Web
Hosting network, ASG Web Hosting equipment or any ASG Web Hosting email address.
A message is considered unsolicited if it is posted in violation of a newsgroup
charter or if it is sent to a recipient who has not requested or invited the
message. For purposes of this provision, merely making one's email address
accessible to the public will not constitute a request or invitation to receive
messages.
If you are found to have spammed, without warning, ASG Web Hosting reserves the
right to disable your domain. In addition, ASG Web Hosting may impose a $100
penalty for each spam policy violation. ASG Web Hosting solely reserves the
right to refuse or cancel service to known spammers. Lastly, ASG Web Hosting
reserves the right to determine what violates this policy. As such, any
violation may result in cancellation of services without refund.
Distribution and/or Transmission of Obscene, Indecent Speech or Materials
Violation of Indecency and Obscenity Laws can result in criminal penalties.
Intellectual Property Rights
Material accessible to you through ASG Web Hosting services may be subject to
protection under the United States or other copyright laws, or laws protecting
trademarks, trade secrets, or proprietary information. Except when expressly
permitted by the owner of such rights, you must not use the ASG Web Hosting
service in a manner that would infringe, violate, dilute, or misappropriate any
such rights, with respect to any material which you access or receive through
the ASG Web Hosting network. If you use a domain name in connection with the ASG
Web Hosting service or similar service, you must not use that domain name in
violation of any trademark, service mark, or similar rights of any third party.
Defamation
Defamatory speech distributed over the Internet can result in civil liability
for the defamer.
Refusal of Service
ASG Web Hosting reserves the right at its sole discretion to refuse or cancel
service. Violation of any of ASG Web Hosting's rules and regulations could
result in a warning, suspension, or possible account termination. Accounts
terminated due to policy violations will not be refunded.
We cannot accept cancellation requests over the phone for security reasons.
30 Day Money Back Guarantee
ASG Web Hosting provides a thirty (30) day "no questions asked" money back
guarantee for all direct shared hosting accounts. If, for any reason, you
request cancellation before your first bill date, ASG Web Hosting will refund to
you the first month's service cost, plus applicable set-up fees. Please note
that the set-up fees for dedicated servers, private servers, and fees for resold
domains are non-refundable.
Indemnification
Customer agrees that it will protect, indemnify, save, and hold ASG Web Hosting
harmless from any and all stipulations, liabilities, losses, expenses, and
claims, as well as reasonable attorney's fees assessed against ASG Web Hosting,
its agents, customers, officers, employees, and administration that may arise or
result from any service provided or performed or agreed to be performed or any
product sold by its customers, agents, employees, or assigns. Customer agrees to
defend, indemnify and hold ASG Web Hosting harmless against liabilities arising
out of: (1) any injury to person or property caused by any products sold or
distributed in association with ASG Web Hosting's services; (2) any material
furnished by customer infringing or allegedly infringing on the proprietary
rights of a third party; (3) copyright violation and any defective products sold
to a customer from ASG Web Hosting's services.
Disclaimer
ASG Web Hosting will not be responsible for any damages your business may
suffer. ASG Web Hosting. makes no warranties of any kind, expressed or implied,
for services we provide. ASG Web Hosting disclaims any warranty or
merchantability or fitness for a particular purpose. This includes loss of data
resulting from delays, non-deliveries, wrong delivery, and any and all service
interruptions caused by ASG Web Hosting and its employees. ASG Web Hosting
reserves the right to amend or update these policies without notice. Failure to
follow any terms and conditions may result in account deactivation.
ASG Web Hosting furthermore expects that its customers who provide Internet
services to others will fully comply with all applicable laws concerning the
privacy of online communications. A customer's failure to comply with those laws
will violate this policy. Finally, ASG Web Hosting wishes to emphasize that in
accepting services, customers indemnify ASG Web Hosting for the violation of any
law or ASG Web Hosting policy that results in loss to ASG Web Hosting or the
bringing of any claim against ASG Web Hosting. This means that if ASG Web
Hosting is sued because of activities of the customer that violate any law, or
this policy, the customer will pay any damages awarded against ASG Web Hosting,
plus costs and reasonable attorneys' fees.