GENERAL
This agreement is for our Web Hosting
Services.
Advantage1webhosting LLC. wishes to provide our customers with
a positive web hosting experience. To accomplish this,
all customers need to follow the same rules and guidelines.
These policies are intended to maintain Advantage One's
high quality level of services and make them available
to all our customers on a fair, consistent and efficient
basis.
By accepting web hosting services from Advantage One you
acknowledge your acceptance to be bound by these terms
and conditions. If you do not agree to these terms and
conditions, please follow the steps described in Cancellation
of Service below. Web
Site Content Our web sites may be used
for lawful purposes only. While using Advantage One's
Services, you may have access to services that allow
you to send or post materials ("content")
and make that content available to others. You must
not submit, publish, or display on our Network any defamatory,
illegal, inaccurate, abusive, obscene, infringing, or
threatening content. In addition, you may not submit,
publish, or display any content in violation of any
laws, Federal, state or local. You are solely responsible
for the content you make accessible while using Advantage
One's servers and networks. You may not use the service
to assist any other person or entity to violate any
Federal, State, or Local laws, ordinances, or regulations.
Advantage One is not obligated to monitor the network
for the purpose of examining customer's content. You
hereby acknowledge that if we are made aware of content
that is determined to be, in Advantage One's sole discretion,
unacceptable, undesirable, offensive, indecent, obscene,
excessively violent or otherwise objectionable, Advantage
One has the right, but not the obligation, to edit,
remove or deny access to such content. Advantage One
may disclose any content or records concerning customer's
account as required to satisfy any legal requirement,
regulation, government request or court order.
Pornography and sex-related merchandising are considered
on a case by case policy. This includes implying sexual
content, display of nudity, or any link to adult content
anywhere else. We expressly prohibit sites that promote
illegal activity of any type or content that may be
damaging to Advantage One's servers or any other servers
on the Internet. Links to such materials are also prohibited.
In addition, the sale of or promoting bulk email services
are not allowed. Non-acceptable content or links include
but are not necessarily be limited to:
Copyright Violations - Violation of copyrights held
by individuals and corporations or other entities can
result in civil and criminal liability for the infringer.
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.
System Security
Customers may not use the Advantage One Networks to
attempt in any way to circumvent user authentication
or security of any host, network, or account. This includes,
but is not limited to, accessing any data not intended
for the customer, logging into any 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. Advantage One 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.
Use of CGI Scripts
Advantage One accounts come equipped with a pre-configured
CGI-Bin. Customers are free to use any CGI-scripts provided
with their account or add any additional ones they require.
If any third-party CGI-scripts are deemed to be adversely
affecting the server performance or the network integrity,
they may be shut down without prior notice. CGI-script
sharing with domains not hosted by Advantage One is
not allowed.
Chat Rooms &
Conferencing
Advantage One prohibits its customers from installing
outside chat rooms on their domain, without the express
written permission of Advantage One as these tend to
be a resource problem. Advantage One does have preconfigured
chat rooms and Conference Centers available within each
and every package offered. These were designed to meet
the growing needs of customers and function without
hindering the performance of the web site servers for
others.
Internet Relay
Chat
Advantage One currently prohibits its customers from
operating IRC or IRC Bots on any of our web site hosting
servers. On-line Conference Centers hosted on a separate
servers are available for a monthly fee that include
IRC compatible chat rooms.
Excessive Resource
Usage
Any web site that uses an excessively high amount of
server resources including but not limited to CPU time,
memory, and network bandwidth will be given an option
of either upgrading their service level or reducing
the resource used to an acceptable level.
Programs Running
in Background
Background programs are prohibited unless prior approval
is received from Advantage One. Advantage One will consider
requests on a one for one basis. Approval and extra
charges will be assessed based on resource requirements
or system maintenance.
Spamming Not Permitted
You must not use any Advantage One Network, Advantage
One's equipment or any Advantage One 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 shall
include the sending of unsolicited mass mailings from
any other service that in any way implicates the use
of the Advantage One Network, Advantage One equipment
or any Advantage One email address. A message is considered
to be 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. Simply making
one's email address accessible to the public will not
constitute a request or invitation to receive messages,
for purposes of enforcing this provision.
When any customer is found to have been engaged in spamming
in violation of this agreement, Advantage One reserves
the right to disable that customer's web site without
warning. In addition, Advantage One may impose a $200
penalty for each spam policy violation. Advantage One
solely reserves the right to refuse or cancel service
to spammers. Advantage One reserves the right to determine
what violates this policy. As such, any violation may
result in cancellation of services without refund.
Obscenity
Violation of indecency and/or obscenity laws is not
permitted on Advantage One's networks and can result
in criminal penalties.
Copyrights and
Infringement
Material available to you when using Advantage One's
services may be subject to protection under the United
States or other copyright laws, or laws protecting trademarks,
trade secrets and/or proprietary information. Except
when expressly permitted by the owner of such copyrights,
you must not use the Advantage One Service in a manner
that would infringe, violate, dilute or misappropriate
any such rights, with respect to any material, that
you access or receive through the Advantage One Network.
If you use a domain name in connection with the Advantage
One 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 Prohibited
Defamatory speech distributed over the Internet can
result in civil liability for the defamer.
Refusal of Service
Advantage One, LLC. reserves the right at its sole
discretion to refuse or cancel service. Violation of
any of Advantage One's Rules and Regulations could result
in a warning, suspension, or possible account termination.
Cancellation of
Service
To cancel services, you must email info@advantage1consulting.com
from an email address furnished by you when ordering
your site. Optionally, fax the notice to 1-913-782-2717.
Include your domain name (s) email address, and password
for the web site you want to cancel.
We cannot accept cancellation requests over the phone.
Advantage One to
be Held Harmless
Customer agrees that it will protect, indemnify, save
and hold Advantage One, LLC., an Arkansas Corporation,
harmless from any and all stipulations, liabilities,
losses, expenses and claims, as well as reasonable attorney's
fees assessed against Advantage One, LLC., 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 it's
customers, agents, employees or assigns. Customer agrees
to defend, indemnify and hold Advantage One, LLC. harmless
against liabilities arising out of;
1.
any injury to person or property caused by any products
sold or distributed in association with Advantage One,
Inc'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 Advantage One Inc's Services.
Disclaimer
Advantage1webhosting LLC. will not be responsible
for any damages your business may suffer. Advantage1webhosting LLC. makes no warranties of any kind, expressed
or implied for services we provide. Advantage1webhosting LLC.
disclaims any warranty or merchantability or fitness
for a particular purpose. This includes data loss resulting
from delays, non-deliveries, wrong delivery, and any
and all service interruptions of any kind caused by
Advantage1webhosting LLC. and its employees. Advantage1webhosting LLC. reserves the right to amend or update these policies
without notice. Failure to follow any terms and conditions
may result in account deactivation.
Advantage One furthermore expects that its customers
who resell our Internet services to others will fully
comply with all applicable laws concerning the privacy
of on-line communications. A customer's failure to comply
with those laws will violate this policy. Finally, Advantage
One wishes to emphasize that in accepting services,
customers indemnify Advantage One for the violation
of any law or Advantage One policy, that results in
loss to Advantage One or the bringing of any claim against
Advantage One. This means that if Advantage One is sued
because of activities of the customer that violate any
law, or this policy, the customer will pay any damages
awarded against Advantage One, plus costs and reasonable
attorneys' fees.
Should any portion of this Terms of Use Agreement be
found to be in violation of any law in any locality,
then this agreement shall be deemed to be modified only
to the extent necessary to be considered legal and enforcable
in such locality only.
|