ABShost: the best Webhosting experience

TERMS OF SERVICE (TOS)

Intro
This Agreement provides the terms and conditions governing the use of service provided by ABShost. PLEASE READ THIS DOCUMENT CAREFULLY and retain it for future reference. Please note that the information contained herein is subject to change without notice. Member agrees to periodically consult this website for changes or amendments to this Agreement. ABShost may, but is under no obligation to, provide notices of any amendment, modification or update of this Agreement via e-mail to Members.


A. General Provisions
While using Services provided by ABShost, you agree to the following terms and conditions.


B. Services Provided by ABShost
ABShost will give free and paid Internet server space ("Services") to its Members for the purpose of allowing Members to provide http internet content to the general public. The Services allow ABShost Members to maintain internet websites, receive and maintain e-mail accounts, and access web space via FTP to upload files for their websites. ABShost Members will use the provided Services in a manner consistent with all applicable State and Federal laws. ABShost will make no effort to edit, control, monitor or restrict the content of data other than as necessary to provide Services. If any of the activities referenced below are committed, ABShost may immediately terminate Member's account(s) without notice. ABShost will be the sole and final arbiter as to what constitutes a violation of the terms and conditions of this Agreement.


C. Member Use of Services
1. Disk Space and Member Content:
ABShost offers from up to 100MB (free package) and up to 3000MB with paid packages. Accounts are to be used by the primary owner only. Account holders are not permitted to sell web-hosting services of their website to other parties. Member agrees that webpages and files uploaded to our servers will not violate any state, federal or foreign laws or regulations; infringe on any intellectual property rights of ABShost or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to ABShost or any third party. Members may not run IRC bots or Members, or servers. Unacceptable uses of our service also include: Bulk emailing, unsolicited emailings, newsgroup spamming, MP3s (unless you're copyright holder), illegal content, copyright infringement, trademark infringement, warez, porn, cracks, or software serial numbers. ABShost will be the sole and final arbiter as to what constitutes a violation of this policy.


2. Bandwidth Usage:
ABShost offers from 0.5 to 40GB of data transfer within a 1 month period. Every month, every free hosted websites must have at least used 30MB of data transfer. If not, the website will be deleted from our server.


3. Excessive Resource User Policy:
Resources are defined as bandwidth and/or processor utilization. A website is considered to be using "Excessive amounts of resources" when it monopolizes the resources available. There are numerous activities that could cause such problems; these include: CGI scripts, PHP, FTP, HTTP, etc. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. We reserve the rights to suspend or terminate any hosting account that we feel is jeopardizing our network. ABShost will be the sole and final arbiter as to what constitutes a violation of this policy.


4. MySQL:
Unlimted MySQL databases are included for paid packages, while free packages are partially limited.


5. No "Spam":
UCE/UBE or "Spam" originating from a ABShost account, or associated with a ABShost account, is not tolerated. This includes any e-mail that promotes web sites hosted on a ABShost account but is sent from an e-mail address not associated with that ABShost account. Member shall not use their ABShost services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. ABShost reserves the right to suspend and/or terminate any account(s) upon any indication of such activity without notice.


6. Licensed Software Only:
Member agrees to use only properly licensed third party software in connection with Member's use of the Services.


7. Back-Up Files:
ABShost will make every reasonable effort to protect and backup data for Member if needed, however ABShost does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Member is solely responsible for independent backup of data stored on Providers server and network..


8. 99% Uptime:
ABShost has a 99% average uptime across our entire network at large, which includes webservers, mailservers, and more - as a whole. If a single server is temporarily offline, the rest of the ABShost servers remain unaffected and uninterrupted, thus contributing to our overall uptime.


D. Disclaimer of Warranty
You agree to use the Services and any information obtained through or from ABShost at your own risk. You acknowledge and agree that ABShost exercises no control over, and accepts no responsibility for, the content of information passing through ABShost's host computers, network hubs, points of presence or the internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. ABShost MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES IT PROVIDES. ABShost MAKES NO WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR-FREE OR THAT ANY RESULTS OBTAINED FROM THE USE OF SERVICES IS ACCURATE AND RELIABLE. ABShost EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM Member OR STORED BY Member OR ANY OF Member'S Customers VIA THE SERVICES PROVIDED BY ABShost. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY ABShost PERSON WILL CREATE ANY WARRANTY OR MAY YOU RELY ON SUCH INFORMATION OR ADVICE. The terms of this Section will survive any termination of this Agreement.

ABShost is not responsible for any interruption in service or down time that may occur, whether due to external network disruptions or negligence of ABShost. This includes loss of data resulting from delays, non-deliveries, wrong delivery, equipment failure and any and all other service interruptions caused by ABShost.


E. Limitation of Liability
You agree that ABShost will not be responsible for any losses that may incur where Services are accessed by third-parties through illegal or otherwise unauthorized means, including but not limited to situations where data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to ABShost at the time) which may exist in the Services or in ABShost's equipment used to provide the Services.

Under no circumstances will ABShost be liable for any consequential, indirect, incidental, special or punitive damages, or loss of profits, revenue, data or use by Member, any of its Members, or of any other third party, whether in an action in contract or tort or strict liability or other legal theory. ABShost will not be liable to Member, any of its Members, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to ABShost's records, programs, equipment or services.

This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this Section will survive any termination of this Agreement.


F. Suspension/De-Activation
If any terms or conditions are failed to be followed it will result in grounds for account suspension or de-activation. ABShost reserves the right to remove any account without prior notice. Normal policy is a warning first, and account de-activation the second offense. Serious offenses may cause immediate de-activation. Owners of accounts which was suspended have a maximum of 7 days to contact a staff to have their account unsuspend.


G. Indemnification
Member agrees to indemnify, defend and hold harmless ABShost, its officers, directors, employees, shareholders and agents from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party arising out of or relating to (i) Member's use of the Services, (ii) any breach by Member of this Agreement, or (iii) any acts or omissions of Member. The terms of this Section will survive any termination of this Agreement.


H. Force Majeure
ABShost 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 labor 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.


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


J. Assignment
Member will not have the right to assign this Agreement without the prior written consent of ABShost.


K. 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.

Member hereby represents that he, she or it, is either an individual entering this Agreement for his or her personal use, or is a corporation or 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 Member is duly authorized to accept, execute and deliver this Agreement on behalf of Member.


Last update: March 31st, 2005