Arbor Hosting Terms of Service
This Agreement documents the understanding between Arbor Domains & Hosting
(hereinafter referred to as "Arbor Hosting") and
_______________ (hereinafter referred to as "Customer").
I. Financial Arrangements
- Customer agrees to be billed monthly in advance, beginning upon Arbor Hosting's receipt by email, fax, or mail. Contract takes effect on the date of receipt of payment.
- This agreement will automatically renew each month or quarter (depending on the hosting plan selected) unless cancelled in writing by the Customer prior to the renewal date. Cancellations must be submitted in writing by email, fax, or mail.
- In the event that Customer fails to pay in advance for the services provided or Customer's account becomes delinquent, Arbor Hosting reserves the right to suspend Customer's account and services immediately without notice and without liability for actual compensatory or consequential damages to the Customer for the interruption in service. Failure to pay includes expired, declined, and inactive credit cards, as well as invalid checks.
- Arbor Hosting shall not be liable for taxes of any nature related to purchases made from Customer or Arbor Hosting's servers. Customer agrees to take full responsibility for all fees and taxes associated with Customer's web site.
- Arbor Hosting, as a Web Hosting Service Provider, provides Customer with Internet connectivity on shared servers connected to the Internet. Arbor Hosting makes no warranties or guarantees of any kind, whether expressed or implied for the service it is providing. The use of any data or material, which Customer receives or transmits using the service provided by Arbor Hosting, is at Customer's sole and absolute risk.
- Backups are the sole responsibility of the Customer. Arbor Hosting is not responsible for any loss, erasure, or corruption of Customer's data or files. Arbor Hosting does, however, perform daily backups of server configurations and customer data. In the event of data loss due to any fault of the Customer, and a restore is necessary using Arbor Hosting's backups, Customer agrees to pay Arbor Hosting a technical support fee of $10 to recover Customer's lost data.
- Arbor Hosting expressly limits its damages to the Customer for any down time to the pro-rated hosting cost during the time of system unavailability. Arbor Hosting specifically denies any responsibilities for any damages arising from a consequence of service non-availability.
- Arbor Hosting maintains control of any and all IP addresses that may be assigned to the Customer and reserves the right to change or remove any and all IP addresses at its sole discretion.
III. Etiquette and Usage Policy
- Customer may only use Arbor Hosting's services for lawful purposes. All data stored or transmitted must be legal under all applicable US laws. Customer is solely responsible for determining the legality of their data. Arbor Hosting will report illegal activities to the appropriate regulatory and/or governmental authorities for prosecution. The Customer is responsible for the action of all sub-account users
- Arbor Hosting's services may not be used to impersonate another person or misrepresent authorization to act on behalf of others. Using a non-existing email return address or an email address belonging to someone else is expressly prohibited. Sending unsolicited advertising via email ("Spam"), whether direct or indirect, whether used externally to promote a site hosted by Arbor Hosting or sent via Arbor Hosting's services, is prohibited. Participation in Spam, or using Arbor Hosting's services in an attempt to obtain unauthorized access to other secured computer systems, shall be cause for immediate termination of services without notice to Customer.
- Use of Arbor Hosting's facilities to commit network abuse (including, but not limited to, denial of service attacks such as ping bombing, email bombing, "smurf", "winnuke", "land", "teardrop", etc.) or otherwise compromise the security of hosts or networks is prohibited and grounds for immediate termination of service.
- Unauthorized distribution of any material which violates or infringes any copyright, trademark, trade secret, patent, statutory, common law, or proprietary rights of others shall be cause for immediate termination of services without notice to Customer. This also includes material in violation of US export restrictions, fraud, or any other illegal activity.
- Adult-oriented websites are expressly prohibited, regardless of whether or not nudity is involved. Arbor Hosting reserves the right to immediately remove such content and terminate service to the Customer without any liability to damages resulting from the interruption in service.
- Any use of scripts or programs (including game servers, IRC bots, MUDs, etc.) that interfere with the server's ability to function efficiently as a web server is prohibited. Arbor Hosting reserves the right to terminate server processes deemed to be excessively CPU-intensive.
- This Agreement may be terminated by either Customer or Arbor Hosting at any time without prior notice and without cause. However, Arbor Hosting will attempt to provide sufficient advance notice whenever possible should termination be necessary. Unused portions of service will be prorated and refunded on request ONLY if the following conditions are met:
If both of these conditions are not met, hosting services are terminated at the end of the current billing period and no refund will be issued.
- Customer has made at least two hosting payments.
- There are at least 15 days remaining in the current billing period on the date Customer requests pro-rated refund.
- If Customer has failed to comply with the terms of this Agreement, Arbor Hosting may terminate service any time without penalty. It is the Customer's responsibility to point their domain and transfer their data to another hosting provider upon discontinuation of service.
- Customer agrees that it shall defend, indemnify, save and hold harmless from any and all demands, liabilities, losses, costs, claims, including reasonable attorney's fees, ("Liabilities") against Arbor Hosting, its agents, its customers, servants, officers, employees, that may arise or result from any services provided, performed or agreed to be performed. Customer agrees that use of Arbor Hosting's servers is at Customer's sole risk. Neither Arbor Hosting, its employees, agents, resellers, or the like shall be liable to Customer for any claims of actual, compensatory and/or consequential damages which may be suffered by Customer, including, but not limited to, losses or damages due to the loss of data resulting from delays, no deliveries, or service interruptions caused by the fault or negligence of Arbor Hosting. Customer's exclusive remedies, damages, losses and causes of actions shall not exceed the aggregate dollar amount which Customer paid during the term of this Agreement.
- Due to the public nature of the Internet, Arbor Hosting is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other networks utilized.
VI. Terms of this Agreement
- This agreement shall be governed by and construed in accordance with the law of Delaware. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.