Terms of Services
ACCEPTANCE OF TERMS
AccuWebHosting.com provides web hosting to many clients, and we have a responsibility to protect each client and to provide the best services available. The following guidelines were designed to ensure these obligations are met.
By accessing and using the AccuWebhosting.com services, you accept and agree to be bound by the terms and provisions of these terms of service, which may be updated by us from time to time without notice to you.
All services provided by AccuWebHosting.com may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless AccuWebHosting.com from any claims resulting from the use of the service which damages the subscriber or any other party directly or indirectly.
Pornography and sex-related merchandising is prohibited on all AccuWebHosting.com servers. This includes sites that may infer sexual content, or links to adult content elsewhere. AccuWebHosting.com will be the sole arbiter in determining violations of this provision.
Also prohibited are sites that promote any illegal activity, indulge in offering services like online lottery, or present content that may be damaging to AccuWebHosting.com servers or any other server on the internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
Prohibited Content for Shared Hosting and Reseller Hosting
Pirated software, Hacker programs or archives, Warez sites, Any Site running background processes for fetching the data from internet websites, Any Site that consumes more than 10% of system resources, IRC Bots, imaging and file dump, mirror, Proxy Scripts, top sites (Warez), High-Yield Interest Programs (HYIP) or related sites, Escrow, Investment sites (egold exchange, FOREX), sale of any controlled substance without prior proof of appropriate permit(s), Bank Debentures, AutoSurf sites, Bank Debenture Trading Programs, Prime Banks Programs, muds (multi-player computer game and chat rooms) / rpg's (Role-playing game), Brute Force Programs, hate sites, sites promoting illegal activities, IP Scanners, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited. You can not use your space for backup/storage device with the exception of your own web site.
Following are a list of sites that will often require more than 10% of our systems resources: Multiple domains residing at a single IP address, domains with archives or galleries, (i.e. .gif, .jpg, .exe, .zip, .tar, etc.), and domain accounts offering download files. We are not saying that your web site cannot contain such files, however if at any time they consume 10% or more of our systems resources you will be contacted to resolve the problem.
Prohibited Content For Virtual Servers and Dedicated Servers
Pirated software, Hacker programs or archives, Warez sites, IRC Bots, Proxy Scripts, top sites (Warez), High-Yield Interest Programs (HYIP) or related sites, Escrow, Investment sites like egold exchange, sale of any controlled substance without prior proof of appropriate permit(s), Bank Debentures, AutoSurf sites, Bank Debenture Trading Programs, Prime Banks Programs, Brute Force Programs, hate sites, sites promoting illegal activities, IP Scanners, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.
AccuWebHosting.com will be the sole arbiter as to what constitutes a violation of this provision, and will have the right to terminate your hosting account without any prior notice without any refunds. We take this very seriously, and will not make any exceptions to this clause
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $2.00 for each gig of traffic exceeded. This amount is not prorated, this meaning that 1 mb - 1 gig will be treated and billed as the same.
All our clients agree that bandwidth and disk usage shall not exceed the maximum number of megabytes per month for the service plan subscribed by the customer.
AccuWebHosting.com will monitor subscribers’ bandwidth and disk usage. AccuWebHosting.com shall have the right to take corrective actions if subscribers’ bandwidth or disk usage exceeds the Agreed Usage. Such corrective actions may include the assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this Agreement at any time as deemed necessary, which actions that may be taken in the sole and absolute discretion of the AccuWebHosting.com. If AccuWebHostiong.com takes any corrective action under this section, a client shall be entitled to a pro-rated refund of any fees paid in advance prior to such action.
In case of a site residing on a Linux server, an automated notification is sent when the disk/bandwidth usage reaches up to 80% of the agreed limit. The client is thus notified to keep the usage within the allocated limit. However, if the bandwidth and/or disk usage exceeds the allocated limit the domain will be automatically suspended immediately without any further notification to this regard and AccuWebHosting.com will not be responsible for any damage/loss arising out of it.
In case of a site residing on a Windows server, we shall notify our clients when their disk/bandwidth usage reaches up to 100% of the agreed limit and request them to either restrict it or to go for extra space / bandwidth. If he fails to do so then the concerned account will be suspended and AccuWebHosting.com will not be responsible for any damage/loss arising out of it.
Domain Name Registration:
AccuWebHosting.com assists its clients to have a domain name registered with ICANN approved registrars just for the sake of assistance only. Under no circumstances AccuWebHosting.com will own or otherwise control any domain name/s registered on behalf of its clients. All the subscriber/clients of AccuWebHosting.com have waived any and all claims which they may have, or which may later arise against AccuWebHosting.com for any and all damages, losses, claims or expenses arising or related to the acquisition, registration, ownership or any other related issues of the Domain Name. Any cost incurred by AccuWebHosting.com – except for the Domains Name Registrations offered with some business promotion schemes – to obtain and / or maintain the Domain Name on behalf of its clients shall be charged to them by AccuWebHosting.com.
We are providing this assistance considering that all our subscribers/clients have gone through ICANN guidelines placed at http://www.icann.org/udrp/udrp-p olicy-24oct99.htm
and understood them.
AccuWebHosting.com supports the protection of intellectual properties and copyrighted materials hence we have provided following guidelines to take care of copyright infringements complaints.
Notice for Making Claim for Copyright Infringement:
Under Title 17, United States Codes, the notification of Claimed Infringement must include certain information. Therefore, all the claims pertaining to infringement of copyright materials must be submitted to support@AccuWebHosting.com
along with the following necessary information for further course of actions:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work that claimed to have been infringed;
- The URL and other information reasonably sufficient to permit us to locate the copyrighted material;
- Your name, address, phone number and email address;
- A statement that you have a good faith, belief that the use of the materials in the manner complained of, is not authorized by the copyright owner, its agent or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
When we have all required information as prescribed above, we shall take necessary steps to remove or disable the access to the materials in question, regardless of whether the materials or activities is determined to be infringing, if selection action is not possible AccuWebHosting.com will terminate the infringer’s account with us.
AccuWebHosting.com will also take reasonable steps to promptly notify the alleged infringer in writing of the claim against him or her, and that it has removed or disabled access to the material or terminated Internet access (see Sections 512(c)(1)(C) and (g) of the Digital Millennium Copyright Act).
Notice of Counter Notification:
On receipt of the notification of infringement of some copyrighted materials and the subsequent actions taken by AccuWebHosting.com the client may provide a counter notification along with following mandatory information as stated below:
- It must be sent to support@AccuWebHosting.com within 10 days from the receipt of the said copyright infringement notification;
- A physical or electronic signature of the subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement, under penalty of perjury, that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- Your name, address, phone number and email address;
- A statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the subscriber’s address is located, or if the address is outside of the USA, for any judicial in which the service provider may be found, and the subscriber will accept service of process from the person who provided notification or an agent of such person.
On receipt of counter notification from the subscriber AccuWebHosting.com will provide the complaining party a copy of the Counter Notification and inform the complaining party that it will replace the removed materials or cease disabling access to it within 10 business days from the receipt of the Counter Notification. AccuWebHosting.com will then cease the disabling access to the removed material or replace it in not less than 10 days nor more than 14 business days following the receipt of the counter notification, provided AccuWebHosting.com has not received notice from the complaining party that an action has been filed seeking a court order to restrain subscriber from engaging in infringing activities relating to the materials on AccuWebHosting.com’s network or system.
- Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the AccuWebHosting.com’s system/s should be sent ONLY to our support@AccuWebHosting.com.
We caution you that under Federal Law, if you knowingly misrepresent that online material is infringing, you may be subject to heavy civil penalties. These include monetary damages, court costs, and attorney’s fees incurred by us, by any copyright owner, or by any copyright owner’s licensee that is injured as a result of our relying upon your misrepresentation. You may also be subject to criminal prosecution for perjury.
- Pursuant to Title 17, Section 512(f) of the United States Code, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
IP Address Ownership:
If AccuWebHosting.com assigns a subscriber an IP address for use with the subscription, the right to use that IP address shall belong only to AccuWebHosting.com and the subscriber shall have no right to use that IP address except as permitted by the AccuWebHosting.com. We shall maintain and control the ownership of all IP numbers and addresses that may be assigned to subscribers by us. The AccuWebHosting.com reserves the right to change or remove all such IP numbers and addresses in its sole and absolute discretion, at any time.
Commercial Advertising / Unsolicited Bulk e-Emails (SPAM):
Spamming, or sending of unsolicited emails from an AccuWebHosting.com server or using an email address or domain that is maintained on an AccuWebHosting.com machine as reference is STRICTLY prohibited. This means that clients of AccuWebHosting.com will not use or permit others to use our network to transact in UCE (Unsolicited Commercial Emails). Violation of AccuWebHosting.com's SPAM policy or anyone causing any of our IP space to be listed in any of the various Spam Databases will result in severe penalties.
Apart from it we also hereby prohibit:
- Any kind of News Bombing activities through emails that obstructs another people's use of e-mail services or news;
- Any activity that is involved in forging any message header, in part or whole of any electronic transmission origination or passing through the AccuWebHosting.com service;
- The use of the AccuWebHosting.com service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of AccuWebHosting.com's or another entity's computer software or hardware, electronic communication system, or telecommunication system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited offending.
Opt-Out mailing lists are strictly prohibited. This includes any lists or databases purchased or otherwise obtained from third parties, as the persons on such lists did not specifically solicit mail from you. Any mailing lists you maintain must be true confirmed opt-in in nature. (Information regarding confirmed opt-in lists and responsible e-mail marketing can be found here
) This requires a user to specifically request to be added to your mailing list. Having to unsubscribe from mailing lists during product registration and similar sign up forms is not classified as opt-in, but rather opt-out, which is in violation of this UCE policy. In addition, any opt-in mailing lists must include an automated unsubscribe facility where clicking on a link within the e-mail will automatically and immediately unsubscribe users from lists. Reply-to e-mail addresses to unsubscribe are known to be ignored and are unreliable, therefore not permitted within our UCE policy.
Upon notification of an alleged violation of our SPAM and other email policies listed as above, AccuWebHosting.com will initiate an immediate investigation (within 48 hours of notification). During the investigation, AccuWebHosting.com may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, AccuWebHosting.com may, at its sole discretion, restrict, suspend or terminate customer's account. Further, AccuWebHosting.com reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. AccuWebHosting.com will notify law enforcement officials if the violation is believed to be a criminal offense. First violations of this policy will result in an "Administrative Fee" of $200 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $400 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $180 per hour that AccuWebHosting.com personnel must spend to investigate the matter. AccuWebHosting.com will be the sole arbiter as to what constitutes a violation of this provision.
Though we do not allow any form of SPAMMING from our servers and make sure that no such activities are done from our server, we DO NOT support email forwarding facility through AOL, comcast.net, att.net, sbcglobal.net, msn.com, hotmail.com, live.com, msn.net because it has been our experience that instead of tracing the origination of the SPAMING they blacklist and block the immediate source of email thus jeopardizing the entire email activities en-routed through them.
Space Allocation Limit for Email Accounts with Windows Hosting Plans:
Each domain will have 1 GB of email space by default allocation and it can be further increased up to 5 GB per domain maximum. In case someone requires additional space he will have to raise a separate request at email@example.com.
The email sending limit has been set to 150 emails/hr per domain for the users of Windows Hosting Plans whereas this limit for Linux users has been set to 60 emails/hr per domain. Exceeding this limit may result into interruption of email services. It may further be noted that maximum attachment limit is set to 15 MB.
Catch All Accounts - Email:
In order to avoid any possible negative impact on the performance of our mail server we strongly discourage all our clients to have “catch all” email accounts for their domains. It is observed that majority of the performance issues of a mail server are attributed to “catch all” mail accounts which are often being targeted by the spammers.
It is also observed that the domains having “catch all” mail accounts are targeted by spammers by making a dictionary spam attack on it. It is a spamming technique in which a spammer sends out million of emails with mail addresses generated randomly using combination of letters added to a known domain name in the hope of reaching a percentage of actual email addresses. When this happens a mail servers has to accept a massive flood of spam messages and eventually it has to waste its valuable resource and processing time to deal with it. Sometime this makes the mail server completely unresponsive. In some cases it becomes next to impossible to get rid of the problem even after removing the “catch all” email account, because by the time we remove it, the spammer may have successfully delivered thousands of unique accounts and they now continue to send emails on daily basis.
Considering above facts and also to avoid any possible inconvenience to any of our clients we strongly recommend you to use email forwarder instead of “catch all” email accounts.We have disabled the catch all facility in our Windows Mail Servers however the same is made available for our Linux Mail Servers.
If we find any account/s which is causing problems to the normal function of our email server in whatever form, we shall immediately suspend all such domain/s without any prior notification. Though currently we do not curb any restrictions on any of our clients with regard to “catch all” email account/s, we reserve our rights to review, modify or change this policy appropriately as per the need at any time without any further or prior notification to this regard.
We do not allow clients to install their own chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option.
We currently do not allow IRC or IRC bots to be operated on our servers.
Background Running Programs:
We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
AccuWebHosting will allow the Cron jobs or schedulers to run for maximum thrice a day to avoid undue load on the server. If in case, there is some special requirement to run the Cron jobs/schedulers more than three times a day then we should be contacted at firstname.lastname@example.org
with justifiable reasons.
Any attempt to undermine or cause harm to a server, or customer, of AccuWebHosting.com is strictly prohibited.
Refusal of Service:
We reserve the right to refuse, cancel, or suspend service at our sole discretion. All Sub-Networks, distributive hosting sites and dedicated servers of AccuWebHosting.com must adhere to the above policies.
WHMCS (NON RECURRING BILLING):
For all the clients that have signed up using the WHMCS system, renewal of account WILL NOT BE billed automatically. An email invoice with a payment link will be sent to the client’s email address on record, at or around the time of renewal, and it is the client’s responsibility to ensure they pay through this payment link. Failure to pay will result in the account being deactivated/deleted.
Please do not send over payment. Pay ONLY the amount that is stated on the invoice. WHMCS will not recognize advance/over payment, and therefore any advance/over payment WILL NOT be credited to your account and can lead to the suspension/removal of your hosting account and/or the loss of domain.
This option is no longer available for new payments. This applies to only clients currently on recurring billing. All credit cards are billed automatically for renewal of account/plan. It is the clients' responsibility to ensure that they have sufficient credit to cover this transaction. In the event that credit card is failing to bill, as a courtesy we will send an email notification at which point the customer will be removed from recurring billing and shifted to non recurring mode. In this mode, all payments going forward must be made as per the options provided on the invoice. If we do not receive a response within 24 hours the account will be deactivated/deleted and any accounts under that account plan.
If you are using a recurring PayPal payment, you agree that your account will be billed automatically for the renewal of your account/plan. It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. An email invoice will be emailed to the client’s admin email account prior to the due date. The payment will be made automatically against this invoice from your PayPal account, given adequate funds is in the assigned account.
AccuWebHosting.com offers a 30 (thirty) day money back guarantee only on our Windows and Linux Shared Web Hosting services and a 7 (seven) day money back guarantee only on our Windows and Linux VPS Hosting services. Domain names registered / transferred / renewed through our services are subject to the yearly domain registration fee of $9.99. If you decide to cancel your shared hosting account within the 30 (thirty) day period, or you decide to cancel your VPS hosting account with the 7 (seven) day period, you will receive a full refund on the hosting fees. The domain registration fees are non-refundable. Refunds will not be honored if cancellation notices are received after the respective 30 (thirty) days for shared hosting accounts and 7 (seven) days for VPS hosting accounts. Domain names can be transferred to an alternate domain registrar or you can point to alternate hosting provider. In case if any customer decides to transfer his/her domain to some other registrar, it is necessary for him/her to notify us at billing@AccuWebHosting.com about this change so that our billing records could be updated. If we are not properly notified, our automated system will generate invoices and subsequent payment notifications.
Under no circumstances, AccuWebHosting will entertain any claim of refund for (1) SSL Certification Charges (2) WebSite Builder Charges (3) Domain Name Registration Charges and (4) Dedicated Server Charges (5) Set Up Fee in case of cancellation of your order (6) Any account that is terminated by us within the guarantee period resulting from the violation of any of the terms of this TOS (7) the cost of any Third Party Software license(s) (including but not limited to CPanel, DirectAdmin, Fantastico, Softaculos, etc...).
Invoices that have been paid more than once with multiple Paypal/Credit Card Subscriptions can only be added as credit towards the account and cannot be refunded.
Taxes & Dues:
Any taxes or dues to be paid in relation to the purchase or use of our electronic services in the jurisdiction of where the purchaser resides as a result of the purchaser purchasing this service contract then the purchaser accepts they are wholly responsible to pay those taxes/dues if any and the purchaser upon acceptance of the service automatically indemnifies AccuWebHosting.com and its directors from such taxes or dues.
Incase if a customer withdraws his payments via bank or CC using a charge back it may be subject to a punitive fee of $20, if AccuWebHosting.com deem this chargeback to be unfair. AccuWebHosting.com reserves its right to defend this type of charge backs and recover the original monies from the card issuer.
Your account can be cancelled ONLY by initiating a cancellation request using AccuWebHosting.com’s Account Manager. Any other methods of requesting a cancellation are not valid. Once the cancellation form is submitted from the Account Manager, the account will be cancelled within two to five business days.
Any account deactivated due to non-payment will be deactivated and we require a reactivation fee of $50.00 to be paid prior to reactivating the account.
**Please note: Domain Name Registration fees WILL NOT be refunded.** **Free Domain registration is provided for the initial year of the hosting only. For subsequent year clients are required to renew their domain manually.**
Mid term account cancellation (registered under annual contract) initiated by customer is subject to management approval. For any mid-term account cancellation initiated by customer, Accuwebhosting.com requires 1 month of notice period. Mid term account cancellation initiated by customer will be charged $20 cancellation fees.
To downgrade an account, Accuwebhosting.com will charge $20.
REFUSAL OF SERVICE:
AccuWebHosting.com reserves the right to refuse, cancel, or suspend service, without notice, at its sole discretion without refunds
We daily maintain backup of your website if it is offered in your hosting plan. Considering the fact that backup files may get corrupted or lost or get damaged due to any unknown reason, we recommend you to maintain a local backup copy of your website. Under no circumstances AccuWebHosting.com is liable to maintain and provide the back up and it is the responsibility of the client to maintain a local copy of the backup of the contents including the emails, database and all contents in whatsoever form. Email backups are not provided. It is the responsibility of the client to ensure all emails are downloaded. In the event a website is removed due to billing or other violations, and/or due to a system failure, AccuWebHosting.com is not responsible for email and/or website backups. Whether complementary or paid backup, if your account is removed because of non-payment, no backup could be made available under any circumstances. Furthermore, AccuWebHosting.Com shall not be responsible for any claimed damages, including incidental or consequential damages of your backup files, lost websites, lost databases - resulting from the corruption or deletion of any web site from one of AccuWebHosting.com servers. AccuWebHosting.com provides many free components to its clients as a value addition to its services, these are often third party software and thus AccuWebHosting.com does not have any control over them. This is purely a complementary offer which is free of cost and therefore under no circumstances AccuWebHosting.com is responsible for any downtime or any other losses arising out of improper function, up-gradation or failure of these third party software, or any other issues thereof. It will be a sole responsibility of a client to ensure the proper function, the up-gradation and any coding related or any other issue of all such free components. AccuWebHosting.com will however, assist its clients to upgrade the version as per their request and guidelines in all possible cases.
Violations of these Acceptable Uses Policies should be referred to:
All complaints will be investigated promptly.
Failure to follow any term or condition will be grounds for immediate account deactivation.
YOU, THE SUBSCRIBER, ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. ACCUWEBHOSTING.COM HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY ACCUWEBHOSTING.COM OR ACCUWEBHOSTING.COM’S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUBSCRIBER SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. ACCUWEBHOSTING.COM DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. ACCUWEBHOSTING.COM DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. ACCUWEBHOSTING.COM DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR ACCUWEBHOSTING.COM IN PARTICULAR.
LIMITATION ON ACCUWEBHOSTING.COM LIABILITY
ACCUWEBHOSTING.COM SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL ACCUWEBHOSTING.COM BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT ACCUWEBHOSTING.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. ACCUWEBHOSTING.COM SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. ACCUWEBHOSTING.COM'S ENTIRE LIABILITY AND SUBSCRIBER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF SUBSCRIBER'S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL ACCUWEBHOSTING.COM'S LIABILITY TO YOU, THE SUBSCRIBER, EXCEED THE FEES PAID BY YOU FOR ACCUWEBHOSTING.COM SERVICES
. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, ACCUWEBHOSTING.COM'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold harmless AccuWebHosting.com, and its parents, subsidiaries, affiliates, cobranders or other partners, officers, directors, shareholders, employees, and agents, from any claim, demand, or investigation, including reasonable attorneys fees, made by any third party due to or arising out of your content, your conduct, your use of the service, the goods or services offered or sold through your service, any alleged violation of these terms, including any applicable policies, law, or regulation, or any alleged violation of any rights of another, including but not limited to your use of any content, trademarks, service marks, trade names, copyrighted or patented material, or other intellectual property used in connection with your service. AccuWebHosting.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, but doing so shall not excuse your indemnity obligations.
By activating your account with AccuWebHosting.com, you agree to the above policies and disclaimer. Upon requesting an account activation, you are required to accept these policies, guidelines, and disclaimer.
POLICY AND TERMS FOR DEDICATED SERVERS:
Apart from providing shared web space, we also provide the service of dedicated servers. Following are the additional terms and conditions for dedicated servers (in addition to the terms and conditions for web space clients, which also apply to dedicated server clients):
POLICY FOR USE AND SECURITY OF CARDHOLDER DATA OR OTHER PERSONAL OR FINANCIAL INFORMATION
- The minimum contract term for dedicated server is six months. Once an order for a dedicated server is placed it can not be cancelled before six months or against the payment in lieu thereof. However, in case of non-compliance of the terms stipulated, the contract will be terminated by Accuwebhosting.com before end of the term without providing any refund.
- Accuwebhosting.com is not responsible for any data loss. Customers are responsible for keeping local backup files of all sites. Any backup services provided by Accuwebhosting.com are at our discretion and are not guaranteed unless otherwise specified under separate contract. Restoration of files from backup may incur restoration fees.
PCI DSS Compliance Disclamer
AccuWebHosting.com’s hosting environment is not intended for secure payment pages, and/or storing, transmitting, processing, and viewing credit card data. It is strictly prohibited to store, process, transmit, and view credit card data on AccuWebHosting.com’s servers and/or web hosting plans. Ecommerce transactions must be outsourced to third party vendors and ensure they do not connect to AccuWebHosting.com servers.
For purposes of this section, the term "Cardholder Data" or "CDI" refers to the number assigned by the card issuer that identifies the cardholder's account or other cardholder personal information, and "Personally Identifiable Information" or "PII" means any CDI or other personal or financial data relating to any individual or entity.
The provisions set forth in this section apply to you that either itself, or through a processor or other agent, stores, processes, handles, or transmits cardholder data or PII in any manner.
- You shall at all times comply with the Cardholder Data and Personally Identifiable Information requirements for cardholder data that are prescribed by the PCI Security Standards Council. Requirements documentation are available on the PCI Security Standards Council web site at https://www.pcisecuritystandards.org/.
- You acknowledge and agree that cardholder data may be used only for assisting in completing a card transaction, for fraud control services, or as specifically agreed to by PCI Security Standards Council or as required by applicable law.
- In the event of a breach or intrusion of or otherwise unauthorized access to cardholder data stored at or for you, you shall immediately notify the card issuer in the manner required in the PCI Security Standards Council requirements.
- You shall maintain appropriate business continuity procedures and systems to ensure security of cardholder data in the event of a disruption, disaster, or failure of your primary data systems.
- You and you successors and assigns shall comply with the PCI Security Standards Council requirements after termination of this Agreement.
- You acknowledge and agree that PII may be used only for assisting in completing an e-commerce transaction, including fraud control services associated with said e-commerce transaction, subject to applicable law.
AccuWebHosting.com retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification. We also retain the right to change any pricing, and make changes to our account plans without notification, however change in pricing will not affect your existing order.
**If your account is found to contain illegal activity, Illegal MP3 Files, Pirated software, hacker programs, Warez programs, or any other illegal files, your account will be terminated immediately without notice and a $50.00 Cancellation fee will apply. ** Also the proper (and your local) authorities will be notified of your actions.
**Please understand that if your account is terminated due to the misuse of your account resulting from spam or any other methods prohibited by our service, your hosting account will be immediately suspended/deleted without any prior notification, and you will not be refunded under any circumstances.
Please click here to view our "Service Level Agreement".