AIMS Data Services (“ADS”) , a provider of web hosting services, domains and other services and products requires all Customers adhere to the guidelines, polices, terms and conditions as described herein. ADS reserves the right to change, amend or modify these guidelines, from time to time, without any prior notice to the Customer.
By registering and establishing an account and become ADS Customer, you hereby acknowledge that you have read, understood and agreed to adhere to this acceptable use policy. In addition, you also recognize that failure to comply with these regulations may result in the termination of your account and services at any time with or without notice. Your use and/or continued use of the services and maintenance of your account shall be deemed an acceptance of this Acceptable Use Policy (“AUP”) and any modification that may be amended thereafter.
Acceptable and Restricted Use of Services
All services provided by ADS may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation with any international law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The customer agrees to indemnify and hold harmless ADS. from any claims resulting from the use of the service which damages the customer or any other party.
Pornography and sex-related links or merchandising is prohibited on all ADS servers. This includes sites that may infer sexual content, or links to adult content elsewhere. ADS will be the sole arbiter in determining violations of this provision.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to ADS servers or any other server on the internet. Links to such materials are also prohibited. Examples of unacceptable content or links:
- Warez Sites
- Defamation of person's character
- Pirated Software
- Running processes which cause the server to crash or become non-responsive
- Illegal or pirated sites, content or software.
- Breaching copyright and trademarks
- Proxy servers or other servers
- Hate sites
- Run any bit torrent
- Pornographic sites
- Hack programs and archives
- Spamming related sites or sites that send / relay spam email
- Extremists sites
- Phising sites
- Other sites where formal complaints are received
- Sites where ADS is placed 'on notice' or where legal action will be take against a ADS for hosting a web site, with supporting evidence.
- Sites which have been hacked / run malicious scripts
ADS will be the sole arbiter as to what constitutes a violation of this provision. ADS does not host competitor sites or web pages promoting sites of its competitors.
Any deliberate attempt to cause damage to ADS or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.
Network and Systems Security
Customers shall not utilize any of ADS network with an 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 the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. ADS 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.
Penalties
Any and all restrictive activities are subject to immediate termination of Customer's account. Any violation of system or network security may incur criminal or civil liability. You are solely responsible for any security breaches affecting servers or accounts under your control. If your server or website is responsible for or involved in an attack on or unauthorized access into another server or system, ADS will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting ADS or any of its other customers.
Customer shall not be reimbursed for any fees that may have been paid whose services had been suspended or terminated for reasons stated herein.
Indemnification
Customer agrees to defend, indemnify, save and hold ADS, its officers, directors, shareholders, employees, agents, subsidiaries and affiliates harmless from any and all demands, liabilities, losses, cost and claims, including reasonable attorney’s fees that may be arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agent, employees or assign.
All claims and expenses related to the Customer's violation of this AUP, including any abusive or unlawful behavior on the part of the Customer or anyone using the Customer's account or the infringement of any intellectual property or privacy rights of any person or entity. This shall mean that Customers can not sue or recover damages whatsoever from ADS as a result of ADS's decision to remove material from its servers, warn you, suspend or terminate Customer's account or take any other action during the investigation of a suspended violation or as a result of ADS's conclusion that violation has occurred.
Restricted Use of Mail
ADS may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. We consider mass email as any email messages sent to more than 10,000 email addresses in one day or more than 10 news groups.
ADS accepts no responsibility for viruses that may be transmitted to you via email, ftp, http or any other means of electronic transfer. ADS does provide some virus scanning on its servers. We are monitoring for viruses that could affect our Linux servers, and not viruses that could affect other operating systems like Windows. Therefore, we cannot prevent the transmission of viruses to your computer system via the Internet. It is the responsibility of the client to ensure they have Virus Software and that it is updated regularly
Billing Procedures
A. Payment
The customer agrees to supply full payment for the services received from us, on or before the time period during which such services are provided. You agree that until and unless you notify us of your desire to cancel any or all services received, those services will be billed on a recurring basis. If you want to cancel your account, you must follow our official cancellation procedure.
ADS reserves the right to change the advertised price on products and services and any other charges at anytime. Existing customers will be notified prior to any change in their billing cycle charges.
All goods and services purchased for which payment has not been received in cleared funds, remains the property, internet property and intellectual property of us.
Your account will not be created or work performed until funds have been received in full as cleared funds. It is your responsibity to ensure we have received funds by the due date to avoid suspension and/or termination of our products and services. If you have made an over payment on your account and require a refund, you will receive a refund, minus a $5.00 administration charge, to cover our bank fees and company administration.
We reserve the right to change and refuse payment methods to clients at our sole descresion. If payment is not received 14 days after the invoice due date, we reserve the right to charge a late payment fee of $15.00 and suspend your account.
Dishonoured cheques will attract an administration charge of $30.00.
If you submit a domain registration or transfer order via another company, as well as submitting the same registration or transfer to ADS, you will be charged a $10.00 administration fee when requesting a refund. You must allow us an opportunity to fulfil the submitted order.
PayPal payments
If you have signed up using PayPal subscription, your paypal account will be rebilled on the due date of future invoices. Our system generates and emails you an electronic invoice when your domain is due for renewal.
Credit Card payments
If you have signed up using credit card, your credit card will be rebilled on the due date of future invoices. Our system generates an electronic invoice 7 days prior to your domain renewal date.
Please ensure sufficient funds are available on the due date. If rebilling fails due to insufficient funds in credit card account, we reserve the right to add $1.00 per failed transaction to your account, to cover our transaction fees. We also reserve the right to change your billing method from automatic credit card payments to manual payments, where the user is required to login and make payment.
You understand and agree that you have obtained the credit card owner's permission to use the credit card to purchase our products and services and they are aware, accept and agree that the transaction is taking place on their card.
If a charge back is requested where services have been provided and/or you have not followed our cancellation procedure, a $50.00 administration fee applies per chargeback request.
If a charge back is requested where services have been provided and/or you have not followed our cancellation procedure, a $50.00 administration fee applies per chargeback request.
B. Suspension
We reserve the right to suspend your account if you have an outstanding invoice or account or if your account is in dispute. If your invoice or account remains unpaid, or until the dispute is resolved, we reserve the right to cancel or suspend your entire account(s) and all products and services under it. If you account has been suspended or cancelled, no further support resources will be provided by us in relation to products and services on your account, including domain names, web hosting, ssl certificates until the account has been paid in full.
Your information will then be passed onto a collections agency for debt recovery, if for 60 days your account remains unpaid.
We reserve the right to suspend your account at any time for breaching our terms and conditions, for intiating in activities which may reduce the security of other web sites on our servers, or where ADS has been given misleading or false information regarding the type of web site to be hosted or the customer information provided has been inaccurate or false.
We may investigate to recover any outstanding debts.
C. Cancellation
ADS reserves the right to cancel your account at any time. If your account has been terminated or suspended for breaching our terms and conditions, non-payment or where a formal complaint is received, no refunds will be given. We also reserve the right to cancel your account where funds have not been received.
Any proof of misleading, giving false information, abuse, swearing, extortion, harassment, improper conduct, abuse, swearing, attempting to damage relations reputation or goodwill of ADS or attempting to damage relations of its employees, third party providers, wholesaler providers will lead to automatic cancellation of your account without refund. You agree you will not damage relations, reputation or goodwill with ADS’s current, future and prospective clients. This can be by email, live chat, forums, web sites, telephone and may include threatening, attempting to damage business relations or reputation, providing incorrect information, extortion, harassment, improper conduct, abuse, swearing, publishing and distribution of any communication between you, employees, third party providers or wholesaler providers, or other unlawful activities. We also reserve the right to seek and claim damages and losses.
If you have paid for a year's access and received a free domain name, the domain name remains with the property of the registered owner.
In the event that you choose to transfer your domain name away from ADS you are required to submit a ticket to "Service Removal" advising us as such. Failure to do so will incur a charge of USD$15.00 to administrate your account. Should a refund be required, you may be liable for further charges.
How to cancel your account: To cancel your account or products and services on your account, please login to My Account (found in the top menubar of our homepage) and submit a ticket to the "Service Removal" department. We require you fill out this form per our terms and conditions. Other requests to cancel your account are not considered official and our you will be redirected to the cancellation form to finalise your cancellation request. Please ensure your account is paid in full, otherwise the cancellation will not be successful. You must provide a minimum of 7 days notice prior to your domain renewal date if you do not wish your product/service to renew.
Once you have cancelled your account, no further support resources will be provided by our staff in relation to products and services on your account, including domain names, web hosting, ssl, etc. We will not engage your account in any way once your account has been cancelled.
No refunds or credit will be given if you cancel your account or downgrade to a lower package. If you downgrade to a lower package a $15.00 charge applies. If you have a credit on your account and refunded, a $5.00 administration charge applies.
Hosting, Domain names, SSL certificates, Site Studio and account add-ons are non-refundable.
If you have cancelled your hosting account with ADS and would like to reactivate your account, a $20.00 administration fee will apply to cover the admin time involved in recreating your account and update our billing system.
If your account remains unpaid for a period of 14 days or more, we reserve the right to terminate your account.
ADS Web Hosting does not provide refunds for repeat failed transfers due to the administration time we have spent on your transfer.
DISCLAIMERS
ADS to the fullest extent permitted by law, disclaims all warranties, including warranty of merchantability, fitness for a particular purpose and non-infringement of third party rights. ADS makes no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, graphics, and/or links. Neither ADS or its directors, employees, licensors, content providers, affiliates or other representatives will be liable for any damages whatsoever, including without limitation any direct, indirect, incidental, consequential, special and exemplary damages, arising from the use or performance of this web site or from any information, services or products represented or provided through this web site, even if ADS has been advised of these damages. This document and all other documents and information that are or may be published from time to time on this web site could include technical inaccuracies or typographical errors. Changes are made periodically to the information contained herein. ADS may make improvements and/or changes in the documents, services, products and or the programs described herein at any time.
Intellectual Property Rights
Customer acknowledges and agrees that any and all copyrights, trademarks, service marks, patents, trade secrets and other proprietary rights and laws protect all content and materials made available on the ADS web site. Nothing contained on the ADS web site shall be interpreted or implied in such a way as conferring any license or right to any intellectual property rights or license to any intellectual property, content, technology, system, process or related material belonging to ADS by virtue of being displayed or made accessible on any ADS web site. Except as expressly authorized by ADS, Customer agrees not to use this site or the Services in any manner that would infringe, violate, dilute or misappropriate any such rights with respect to any material which Customer accesses through this web site or the use of Services. The ADS name, ADS logo, other related names, designs marks, product names or related logos are trademarks of ADS and may only be use with express written permission of ADS. ADS claims copyright right interests in all original content or works provided by ADS on its web site. If any pages, information or content is copied it may only be copied for non-commercial uses and ADS shall in any event retain all copyright and other proprietary interests therein. If Customer shall use a domain name in connection with the ADS Services, Customer shall not use that domain name in violation of any trademark, service mark or similar rights of any third party.
All policies stated herein are subject to change at ADS's sole discretion. Customer shall be responsible for adhering to any new policies implemented by ADS. ADS reserves the right to notify Customer, from time to time, or otherwise post the changes, modifications or additions to the Policy, Terms and Conditions, and all other agreements on the ADS's web site.
