What are the WebEasy Hosting terms of service?
TERMS OF SERVICE
Last Updated: November 2, 2011
Avanquest North America Inc. (“Avanquest,” “us” or “we”) will host your website and provide you with related services according to the terms of the WebEasy Hosting Service package that you select (collectively, the “Services”), if you comply with the terms and conditions set forth in the below Terms of Service (“TOS”), Acceptable Use Policy (“AUP”), Privacy Policy and in any other Avanquest agreements that relate to the Services (collectively, the “Agreement”).
You acknowledge that you have read, understand and agree to be bound by all the terms and conditions of this Agreement. Your use of the Services constitutes acceptance of such terms and conditions. Avanquest reserves the right, in its sole discretion, to modify, amend or supplement any term or condition of this Agreement at any time with or without notice. If you continue to use the Services after any such modifications, amendments or supplements are made, you are then accepting and agreeing to be bound by them. You may view the most current version of the TOS, AUP and Privacy Policy at any time at https://signup.webeasyhosting.com/tos
Subscriber: You represent and warrant that (a) if you are an individual, you are at least 18 years old and otherwise legally competent in all respects to enter into this Agreement or (b) if you are an entity, you are a corporation, limited liability company, partnership or other legal entity in good standing, and possess all legal authority and power to enter into and be bound by this Agreement. If you are a legal entity, you hereby represent and warrant that you have the authority to and do hereby bind your entity and all individuals employed or engaged by such entity that may use the Services.
Disclosure to Law Enforcement: The AUP specifically prohibits the use of our Services for illegal activities. Therefore, you agree that Avanquest may disclose any and all of your information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to you. In addition, Avanquest shall have the right to terminate all Services provided to you pursuant to this TOS.
Payments: You agree to pay all current applicable fees for the Services upon your registration and each renewal. Avanquest has the right to change pricing from time to time. It is your responsibility to maintain accurate billing information with Avanquest, which may include your current credit card information, email address and mailing address. You are solely liable for any taxes or fees that result from the sale of any products or services on your website. You may manage your account and/or obtain current pricing information from the Avanquest website: http://billing.webeasyhosting.com.
Domain Registration Fees: No refunds will be given on domain names or SSL certificates.
Automatic Renewal Policy: All hosting subscriptions will automatically renew at the end of such subscription’s billing cycle. Renewal charges are based on the original rate on the date of renewal according to the subscription you selected. Subscriptions will renew for the same billing cycle term. As a courtesy to you, an automated renewal notification will be sent to the email address on the account at least 15 days prior to actual processing of the renewal. You may turn off the automatic renewal for your account at any time on http://billing.webeasyhosting.com.
Failure to Pay: We may temporarily deny Services or terminate this Agreement upon your failure to pay charges when due. Such termination or denial will not relieve you of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Legal Threats & Professional Behavior: Please behave in a reasonable manner towards Avanquest employees. Any unreasonable threats, either personal or against the company will receive a warning for breach of these conditions. Personal abuse towards Avanquest employees or threats against Avanquest are viewed as extremely serious. Avanquest reserves the right to refuse to do business with a person or company as a result and possibly terminate any accounts in question.
Account Transfers: Our team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we cannot make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best but in some cases, we may be unable to assist you in a transfer of data from an old host. Generally we will only provide the free transfer of all site files and databases. Transfer of email accounts, or re-configuration of PHP/ASP .NET applications on our servers are done at an extra cost or left to the user. Free account transfers are provided on a best-effort basis. There are absolutely no guarantees/warranties implied or stated in regards to the integrity of transfers performed by the Avanquest staff.
The free transfer services are available for 60 days from your sign up date. Transfers outside of the free period will incur a charge; please contact a member of the sales department with specific details to receive a price quote.
To maintain the stability of our servers, we will not restore cPanel backups larger than 5 GB of size.
Account Cancellation: You may cancel your Services at any time (subject to the terms of your subscription) by logging into your online account at http://billing.webeasyhosting.com.
Money Back Guarantee: You may cancel your new account or a subscription renewal within 30 days of the date of purchase for a full refund. Refunds will not be given to accounts that have been canceled or suspended due to abuse of our services based on our terms of service and acceptable use policy. Money back guarantee only applies to new accounts and subscriptions renewals and does not apply to account upgrades.
There are no refunds on any account that has been suspended for spam violation.
Guarantees for Dedicated Servers: We offer a 100% power and network uptime guarantee. Customer can receive a pro-rated credit for the amount of time network/power is not available to the server over the days in the given month (percentage of downtime multiplied by the amount paid for that month). To receive credit, please contact support by emailing support@webeasyhosting.com. It may take up to 3 business days to process any credits. As server hardware can fail, there is not a 100% guarantee on hardware or software. However we guarantee replacement of faulty hardware within 4 hours of recognition of the specific issue. Any downtime past the 4 hours hardware replacement SLA will be credited to the account in a similar manner as the power/network uptime guarantee.
Support Boundaries: Avanquest provides online technical support to our subscribers. We limit technical support to our area of expertise, such as support related to your server or virtual site physical functioning. Avanquest does not offer tech support for application-specific issues such as CGI programming, html or any other such issue. Avanquest also does not provide technical support for YOUR customers (in case of resellers). Please e-mail support@webeasyhosting.com for assistance.
SPAM and Unsolicited Commercial E-mail: Avanquest takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail or SPAM over our network. Very simply, this means that you may not use or permit others to use our network to transact in SPAM. You may not host, or permit hosting of, sites or information that is advertised by SPAM from other networks.
Violation of Avanquest’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Avanquest will initiate an immediate investigation (within 48 hours of notification). During the investigation, Avanquest may restrict your access to the Services to prevent further violations. First violations of this policy will result in an "Administrative Fee" of $30 and your Services will be reviewed for possible immediate termination. A second violation will result in an immediate termination of your Services.
Notwithstanding the foregoing, if you are found to be in violation of our SPAM policy, Avanquest may, in its sole discretion, restrict, suspend or terminate your Services at any time. Further, Avanquest reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Avanquest will notify law enforcement officials if the violation is believed to be a criminal offense.
DMCA Copyright Infringement Information: Avanquest respects the intellectual property of others and Avanquest asks you to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), Avanquest has adopted a policy to suspend or terminate the accounts of users who are in violation of copyrights (and other intellectual property rights) of third parties. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please e-mail the following information to Avanquest to dmca@avanquestusa.com:
- an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the website;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
As our resellers are ultimately responsible for the actions of their clients over the Avanquest network, it is advisable that resellers develop a similar, or stricter, policy for their clients.
IP Address Ownership: If Avanquest assigns you an Internet Protocol address for your use, you shall have no right to use that Internet Protocol address except as permitted by Avanquest in its sole discretion in connection with the Services during the term of this Agreement. Avanquest shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to you by Avanquest, and Avanquest reserves the right to change or remove any and all such Internet Protocol numbers and addresses in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP-based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use such IP addresses.
System Resource Usage (CPU/Memory/etc.): Per our AUP, abuse of system resources is prohibited. You will receive a warning for you first violation of this policy and, depending on the severity of the issue, your Services may be suspended. Repeated violations may result in the immediate termination of your Services. Avanquest make its determinations in its sole discretion based on server performance and what type of activity is considered to be abusive.
Background Processes: Background processes are not permitted on the Services.
Bandwidth and Disk Usage: You agree that bandwidth and disk usage shall not exceed the number of megabytes per month for the hosting package ordered by you. Avanquest will monitor your bandwidth and disk usage. Avanquest shall have the right to take corrective action if your bandwidth or disk usage exceeds the usage limits of your selected hosting package. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this TOS, which actions may be taken is in Avanquest’s sole and absolute discretion. If Avanquest takes any corrective action under this section, you shall not be entitled to a refund of any fees paid in advance prior to such action. Using a shared account as a backup/storage device is not permitted. Do not keep backups on the server of your websites or installation scripts.
Unacceptable Material: Examples of unacceptable material that cannot be stored on Avanquest servers include:
- Torrent Sites
- Topsites
- IRC Scripts/Bots
- Proxy Scripts/Anonymizers
- Pirated Software/Warez
- Image Hosting Scripts (similar to Photobucket or Tinypic)
- AutoSurf/PTC/PTS/PPC sites
- IP Scanners
- Bruteforce Programs/Scripts/Applications
- Mail Bombers/Spam Scripts
- Banner-Ad services (commercial banner ad rotation)
- File Dump/Mirror Scripts (similar to rapidshare)
- Commercial Audio Streaming (more than one or two streams)
- Escrow/Bank Debentures
- High-Yield Interest Programs (HYIP) or Related Sites
- Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
- Sale of any controlled substance without prior proof of appropriate permit(s)
- Prime Banks Programs
- Lottery Sites
- MUDs/RPGs/PPBGs
- Hateful/Racist/Harassment oriented sites
- Hacker focused sites/archives/programs
- Sites promoting illegal activities
- Forums and/or websites that distribute or link to warez/pirated/illegal content
- Bank Debentures/Bank Debenture Trading Programs
- Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
- Mailer Pro
System and Network Security: You are prohibited from violating or attempting to violate the security of Avanquest’s system or network. Violations of system or network security may result in civil or criminal liability. Avanquest will investigate occurrences which may involve such violations, and may involve and cooperate with law enforcement authorities in prosecuting customers who are involved in such violations. These violations include, without limitation:
- Accessing data not intended for such customer or logging into a server or account, which such customer is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
- Forging any TCP/IP packet header or any part of the header information in any e-mail or forum posting.
- Taking any action in order to obtain Services to which such customer is not entitled.
Backups and Backup Access: You acknowledge that individual site backups are your responsibility. Avanquest keeps overall system snapshots in case of full system recovery, but may not be able to provide you with on-demand recovery in case of individual file corruption or accidental deletion.
Suspension of Service or Cancellation: Avanquest reserves the right to suspend access to the Services to any customer if it determines that such customer's server is the source or target of the violation of any of the terms of the TOS, AUP, or for any other reason in Avanquest’s sole discretion. If inappropriate activity is detected, all websites of the customer in question will be deactivated until an investigation is complete. Prior notification to the customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s access to the Services was suspended.
Right to Refuse Service: Avanquest reserves the right to refuse service to any customer at any time.
Disclaimer of Warranties. YOU ACKNOWLEDGE THAT THE SERVICES ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. AVANQUEST HEREBY DISCLAIMS ALL WARRANTIES (EXPRESS, IMPLIED AND STATUTORY), INCLUDING WITHOUT LIMIATION, ALL WARRANTIES (A) WITH RESPECT TO THE SERVICES (INCLUDING WITHOUT LIMITATION THEIR QUALITY, AVAILABILITY, PERFORMANCE, FUNCTIONALITY AND COMPATABILITY WITH ANY OTHER SERVICE OR PRODUCT), (B) WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES, (C) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (D) OF NON-INFRINGEMENT, (E) OF MERCHANTABILITY AND (F) OF FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY AVANQUEST OR AVANQUEST 'S REPRESENTATIVES SHALL CREATE A WARRANTY.
Limitation of Liability. AVANQUEST SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE OF THE SERVICES CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL AVANQUEST BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION CONTAINED IN YOUR WEBSITE OR OTHERWISE, OR LOSS OF GOODWILL OR OPPORTUNITY) WHETHER OR NOT AVANQUEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. AVANQUEST SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. AVANQUEST’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL AVANQUEST’S LIABILITY TO YOU EXCEED THE GREATER OF FIFTY DOLLARS ($50.00) OR ANY AMOUNTS ACTUALLY PAID BY YOU TO AVANQUEST FOR THE SERVICES IN DISPUTE DURING THE ONE YEAR PRECEDING THE CLAIM. NO ACTION, REGARDLESS OF FORM, ARISING FROM, BASED ON OR RELATED TO THIS AGREEMENT OR THE PROVISION OF THE SERVICES MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE EVENT WHICH GIVES RISE TO THE APPLICABLE CAUSE OF ACTION. YOUR RIGHTS MAY VARY FROM STATE TO STATE, AND SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY DAMAGES AS CONTAINED IN THIS AGREEMENT. IN SUCH JURISDICTIONS, AVANQUEST’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification. You shall defend and hold Avanquest (and its owners, directors, officers, employees, affiliates, agents, representatives, successors and assigns) harmless against any third party claim, action, suit or proceeding that arises from, is based on or related to your use of the Services, your website or your content (including, without limitation, any infringement of a third party’s intellectual property and other rights) and indemnify Avanquest for all losses, damages, expenses and costs (including reasonable attorneys’ fees) incurred by Avanquest as a result of any such claim, action, suit or proceeding.
Complete Agreement, Severability and Waiver. This Agreement constitutes the entire agreement between you and Avanquest relating to the Services, and it supersedes all prior or contemporaneous communications, agreements, arrangements, and understandings relating to the Services. This Agreement may only be modified, supplemented or amended as may be provided for in this Agreement or by a writing signed by an authorized officer of Avanquest. If any provision of this Agreement is determined by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Agreement will remain in full force and effect. No failure or delay by either party in exercising its rights or remedies shall operate as a waiver thereof or of any other rights or remedies. Any such waiver must be in writing and signed by the waiving party, and such waiver will then only be effective only in the specific instance and for the specific purpose stated in such writing.
Relationship of Parties and Binding Agreement. No agency, partnership, joint venture, or employment relationship is created by this Agreement and neither party has the power to bind the other party. You may not assign your rights or delegate any of your duties under this Agreement, and any attempted assignment or delegation without such consent will be void. This Agreement is binding upon the parties hereto and their successors, permitted assigns, heirs, executors and administrators (as applicable).
Governing Law and Choice of Forum. The laws of the State of California and the Federal laws of the United States will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Los Angeles, California, and the parties hereto hereby irrevocably agree to such exclusive forum and waive any objections they may have thereto, including those based on the doctrine of forum non conveniens (under which a party might object to such forum on the grounds that, among other things, the forum is unfair, unjust or inconvenient).
Reservation of Rights. Avanquest reserves all rights not expressly granted to you by this Agreement.
Force Majeure. Avanquest will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of government, acts of war, terrorism, acts of a public enemy, fires, earthquakes, acts of God, labor disputes, strikes or other labor-related activity.
Survival. The following provisions shall survive the expiration or termination of this Agreement, howsoever caused: disclaimer of warranties, limitation of liability, indemnification, complete agreement, severability and waiver, relationship of the parties and binding agreement, governing law and choice of forum, reservation of rights, force majeure and survival.
Responsibility for Content: You, as Avanquest’s customer, are solely responsible for the content stored on and served by your Avanquest server.
Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference. This information can be kept up to date at www.billing.webeasysite.com.
No chat software/scripts are to be used on our servers unless approved by Avanquest.
You may not transfer or assign your Services or subscription with Avanquest without the prior written consent of the Avanquest. Avanquest may assign the TOS, AUP and Privacy policy at anytime without consent from or notice to you.
Avanquest takes no responsibility for any material input by third parties that is posted to the Avanquest network. Avanquest is not responsible for the content of any other websites linked to the Avanquest network; such links are provided as Internet navigation tools only. Avanquest disclaims all liability resulting from a third party’s inappropriate use of its Services and network, or violation of the TOS and AUP.
ACCEPTABLE USE POLICY
Last Updated: November 2, 2011
Avanquest’s Acceptable Use Policy ("AUP") is provided to give our customers a clear understanding of what we expect of them while using the Services. You acknowledge that you have read, understand and agree to be bound by all the terms and conditions of the TOS, AUP and Privacy Policy. Your use of the Services constitutes acceptance of such terms and conditions.
We support the uncensored flow of information and ideas over the Internet and do not actively monitor customer activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any website, e-mail transmission, newsgroups, or other material created or accessible over or through the Services, except for certain proprietary websites. However, in accordance with our TOS, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Avanquest may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your Avanquest Services or other actions as detailed in AUP without prior notice.
The following are guidelines for the establishment and enforcement of Avanquest’s AUP:
- Ensure reliable service to our customers
- Ensure security and privacy of our systems and network, as well as the networks and systems of others
- Comply with existing laws
- Maintain our reputation as a responsible service provider
- Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
- Preserve the value of Internet resources as a conduit for free expression and exchange of information
- Preserve the privacy and security of individual users
Avanquest intends to provide its customers access to everything the Internet has to offer. While Avanquest is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both Avanquest and the Internet and cannot be permitted under the guise of free speech. The resources of Avanquest and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.
We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our Services.
You may not use your dedicated server or virtual site to publish material, which Avanquest determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.
If an Avanquest account is used to violate the AUP or our TOS, we reserve the right to terminate your Services without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the AUP will result in immediate termination of your Services. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time. As a member of our network community, you must use your Internet access responsibly.
VIOLATIONS
The following constitute violations of this AUP:
DMCA Violation and take down procedure: When a DMCA violation has been reported, each customer is notified and is given 24 hours to send us back a proper response or remove the pages/material in violation. After the 24 hour period, the site is suspended until we receive proper correspondence. The second and third violations result in an automatic account suspension and a fourth violation will cause an account removal.
Illegal use: Avanquest Services may not be used for illegal purposes, or in support of illegal activities. Avanquest reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
Harm to minors: Avanquest Services may not be used to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
Threats: Avanquest Services may not be used to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
Harassment: Avanquest Services may not be used to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
Fraudulent activity: Avanquest Services may not be used 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."
Forgery or impersonation: You may not add, remove or modify identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM): Avanquest Services may not be used to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Avanquest account.
Bulk Mailings: Bulk mailings of any kind are not permitted to be sent from our shared (Personal, Business, Reseller) servers. This line item applies to mailings sent within the 1000 emails per hour limit as well.
E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Avanquest account.
E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Avanquest Services is in violation of this AUP.
Unauthorized access: Avanquest Services may not be used to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Avanquest or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Avanquest account is subject to immediate termination.
Copyright or trademark infringement: Avanquest Services may not be used to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
Collection of personal data: Avanquest Services may not be used to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
Free Hosting/Image Hosting Providers: Use of the Avanquest Services (shared hosting accounts) to provide free hosting or image hosting to the general public is illegal.
Reselling of Services: Shared Services can only be resold to a single party. Our shared Services were not designed to host several different organizations and parties.
Network disruptions and unfriendly activity: Avanquest Services may not be used for any activity that affects the ability of other people or systems to use Avanquest Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is your responsibility to ensure that your network is configured in a secure manner. You may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. You may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. Avanquest will not tolerate any customer attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
Verbal abuse of support personnel: Verbal abuse of Avanquest personnel is not tolerated. Customers who continue to verbally abuse support personnel may be warned or asked to use a different provider.Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Avanquest Services could result in a suspension of Service.
SECURITY
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Your password provides access to your account. It is your responsibility to keep your password secure.
You may not 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 you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
Customers who violate systems or network security may incur criminal or civil liability. Avanquest 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.
NETWORK PERFORMANCE
Avanquest accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.
You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of Avanquest systems or networks. Avanquest reserves the right to terminate or limit such activities.
REPORTING VIOLATIONS
Avanquest requests that anyone who believes that there is a violation of this AUP direct the information to the abuse department.
If available, please e-mail the following information to webeasyhostingviolations@avanquestusa.com:
- The IP address used to commit the alleged violation
- The date and time of the alleged violation, including the time zone or offset from GMT
- Evidence of the alleged violation
- E-mail with full header information provides all of the above, as do system log files.
- Other situations will require different methods of providing the above information.
MARKETINGCLASS ABUSE POLICY
While these accounts were designed to allow you to send emails, they are not meant to be used for spamming. Therefore, any complaint will result in an immediate suspension and removal of your account.
Customers with a SpamCop or Spamhaus complaint will have all accounts with us immediately suspended and canceled. Customers with this track record will not be able to use Avanquest services in the future.
There are no refunds on any account that has been suspended for spam violation.
PRIVACY POLICY
Last Updated: November 2, 2011
Privacy: Avanquest is devoted to creating and nurturing a trusting relationship with its customers, built on the knowledge that any personal information collected is kept private and secure. In undertaking this commitment, Avanquest will do everything in its capacity to ensure that the integrity of its customer's privacy is upheld.
Information Collected: Avanquest uses various methods of data collection for ordering and support purposes. These methods include voluntary collection methods, such as through online registration forms, online and offline customer communications, and sales transactions, as well as automated collection systems such as communication protocols and cookies.
The personal information collected by Avanquest from customers varies depending on the method of collection. Personal Identifying Information is collected voluntarily through the use of forms and for the use of the registration and billing of the customer. This information may include name, title, address, phone number, and e-mail address, as well as information necessary for any financial transactions, such as credit card, CVV, and payment information. Automated means of collection, such as cookies and/or log files, are used to collect information about the use of Avanquest’s Services, as well as user preferences and privileges.
Automated Information Collection: Avanquest uses common automated information collection systems such as cookies and log files to facilitate the connection between the customer's computer and the Avanquest servers. There are two types of cookies (pieces of data stored on the user's computer) used by Avanquest: session cookies and persistent cookies. These cookies serve to uniquely identify each user, as well as store session and user-specific settings and preferences in or between user sessions. Cookies do not contain personally identifiable information, and, while Avanquest doesn't offer an option to opt-out of cookies, browsers provide tools to monitor and control the acceptance, duration, and use of cookies.
Avanquest also makes use of log files in order to track information such as internet protocol (IP) addresses, browser type, internet service provider (ISP), platform type and date/time stamps. Included in the log files, Avanquest gathers information that can be used in trend analysis, administration of the site, and overall demography tracking; this information is gathered through the counting of clicks and not linked to personally identifiable information.
Use of Information: Avanquest uses collected information for a variety of purposes. These purposes include completing transactions for the Service, to best respond to user support or sales inquiries, to notify or alert customers of events relevant to their Services, and to better accommodate the overall needs of Avanquest customers. To this end, Avanquest may need to share some of the data collected with banking institutions, outside contractors, or trusted affiliates.
Information collected by Avanquest may also be used to evaluate the adequacy of current systems of marketing and sales, as well as provide insight into the effectiveness of potential changes within these systems. Under no circumstances will Avanquest share this information with a third party for compensation or for free, unless the customer specifically authorizes the disclosure.
Aggregate, anonymous data collected may be used by Avanquest in discussion and/or correspondence with investors and potential partners. This data is statistical in nature, and will not include personally identifiable information. If the ownership is changed, information collected by Avanquest may be transferred to the new owners.
Security: Because Avanquest considers the security of customer's information paramount, Avanquest utilizes industry standard security measures to protect customer data from unauthorized access. These measures, which include policies, employee training, and physical access, as well as system protocols and mechanisms, contribute to the secure exchange and transmission of sensitive data. Particularly sensitive information, such as credit card numbers collected for financial transactions, is encrypted before its transmission to Avanquest by the customer.
While Avanquest takes the utmost care in preserving the security of its customer's information, it is important to note that we cannot guarantee that the loss, misuse, or alteration of this data will not occur. In the event of such an occurrence Avanquest will notify the affected individual of the transgression by email, fax, or, if necessary, U.S. Mail. Notification will be provided promptly, unless it stands to impede on a criminal investigation, in which case Avanquest may have to wait until such a notification is not foreseen to compromise the investigation.
Special Offers and Updates: From time to time Avanquest customers may receive promotions for new products, services, or deals. Avanquest respects the privacy of its customers, and has included an opt-out option for these emails.
Service Announcements: In the event that a customer's Service is going to be affected by scheduled or unscheduled maintenance, it may be necessary to send out a strictly Service-related announcement. These emails are not optional, however they are intended to act as a professional notification rather than promotional.
Legal Disclaimer: While Avanquest is dedicated to maintaining the integrity of its customer's privacy, in the event of suspected or reported fraudulent and/or illegal behavior while using the Services resulting in, or probable to result in, a subpoena, court order, or another applicable legal process it may be necessary to disclose personal information. In the case of the aforementioned, Avanquest will notify the customer of the information request and, if deemed necessary, submission.
It is important to note that third-party websites linked to by Avanquest are not, nor should they ever be assumed, associated with or regulated under this Privacy Policy. This Privacy Policy is only to be applied to customer data collected by Avanquest, and we encourage you to inspect the privacy policies of any website collecting your personal information.
Customer Responsibility: It is the responsibility of the customer to securely store their login information, such as usernames and passwords, or any other information necessary to access their private information maintained within the Avanquest systems.
It should be noted that there are programs, such as key-loggers and viruses, that can intercept this information from computers used to access your Avanquest account. Caution should be taken when using any computer other than your personal computer.
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