We will not knowingly accept material which contains any type of illegal activity, and if it is discovered during processing, material will be turned over to appropriate law enforcement agencies.
The customer will indemnify and hold ABD Technology Inc. harmless against any claims or demands by any third party that infringes upon any Copyright and/or Patent. The customer shall be liable for and shall indemnify and defend ABD Technology Inc. from and against any claims in any way arising from or related to (i) the alleged infringement of patent, trademark, design, copyright or other intellectual property rights in relation to the customer’s use of the service and (ii) customer use or inclusion of any information, photographs, artwork or other content including without limitation claims based on invasion of privacy, right of publicity, Communications Decency Act of 1996, obscenity or pornography, and a violation of any State or ordinance or other laws.
Quality of any Material:
The customer understands that the quality of any material we produce is dependent upon the quality of the original source material received by ABD Technology Inc.
How does the verification procedure itself take place?
Step 1. You as a reseller or your client places an order for a hosting account with us through our order form. A money transaction follows through the selected payment method.
Step 2. We receive a notification email from the authorized retailer (WorldPay, PayPal, 2CheckOut) for that transaction.
Step 3. An order verification procedure commences within one hour after the notification has been received (with the exception of Saturdays and Sundays between 8:00 GMT – 16:00 GMT). An automatic phone verification process is initiated by our FraudGate protection system.
Step 4. A sales representative of ours compares the IP location with the billing location, checks the information given in the hosting account and compares it with the one given in the payment order.
Our company’s policy is to verify each first payment order made by a credit card holder. The verification procedure takes place via the phone specified in the payment order. If a client cannot be reached by phone, we send him/her an email, which encourages him/her to present us with another phone number where he/she can be reached at in order to confirm the payment.
Note: Payment confirmation by phone is made at a time convenient for the client (10:00 – 20:00 local time).
Step 5. If, in a week’s time, there is still no confirmation by the client, the order will be cancelled, the money will be refunded to the credit card holder and the account will be blocked.
Note: It may take 5 to 7 working days for the sum to be delivered back in the credit card.
We take no responsibility if, during the order verification process, the domain chosen by you has been registered by someone else, as we register domains after the payment has been confirmed. If this is the case, then you might wish to register another domain(s).
If for any reason you are dissatisfied with us, we will refund your hosting fees at any time during the first 30 days since you have signed up for an account with us. You can email firstname.lastname@example.org and receive a full refund for your hosting plan.
Domain Name Registration:
Domain name registrations are non-refundable. As changes are no longer allowed after the registration request is submitted, customers should check for correct spelling before buying their domain name.
99.9% Network Uptime Guarantee
ABD Web Host guarantees that your website will be up and running at least 99.9% of the time during any 12-month period. This guarantee includes network uptime, server uptime, web server and service uptime. However, we cannot be held responsible for upstream problems outside of our network and areas where ABD Web Host has no direct influence, such as backbone provider failures, fibre-optic main line cuts, DNS or Registrar problems with subscribers domain names, routing problems between clients location and our data center. The uptime guarantee is also not applicable if the service interruption was caused by any natural or unnatural events that ABD Web Host cannot directly influence. ABD Web Host may temporarily deny or terminate service upon clients failure to pay their charges when due.
ABD Web Host will guarantee 99.9% ABD Web Host network uptime and 99.9% network stability uptime. This, however, does not refer to problems stemming from:
a. Server Hardware Breakdown.
b. User error(s) or purposeful interruption(s) (e.g. if the client shuts his/her own server down, ABD Web Host is not responsible for the downtime).
c. Failures due to software that is not explicitly supported by ABD Web Host. Consequently, if a hardware crash provoked by the customer happens, ABD Web Host has no responsibility for the resulting downtime.
Network Outages or Unexpected Downtime is any unplanned or unexpected interruption in the network availability due to a hardware, software, network connectivity or data center problem, during which a 100% packet loss is experienced.
Scheduled Downtime is any scheduled interruption of services for the purpose of network upgrades, or replacement of any equipment in order to provide a better service for you. Scheduled downtime occurs during notified downtime periods, with as many warnings sent in advance as possible via e-mail or posted on our news section at a minimum 24-hour notice.
SUPPORT RESPONSE GUARANTEE
ABD Web Host guarantees its clients fast 24/7 support available 365 days a year. Support is available via the online contact form as well as via the integrated ticketing system. Each ticket is replied to within no more than 60 minutes after it has been opened.
Dedicated 24/7 Support For All Customers
24/7 Ticketing support with 25 minutes average reply time
2 US tel. support lines are available from 4am to 8pm PST
An additional UK tel. support line is now available
You should be aware that by signing up for an account with ABD Web Host, you agree to position data on our servers, thus making it accessible to the wide public. In this sense, you accept that it is beyond the power of ABD Web Host to restrict such access and guarantee the security of your files. You are completely in charge of protecting your data on ABD Web Host servers, which suggests that you would better consider carefully any piece of information before uploading it to your newly allocated ABD Web Host server space. It is recommendable to avoid publishing personal data that could be abused online.
The order form completion represents the electronic signing of this document.
You should abide by the Domain Name Registration Agreement, which is an indivisible part of this document.
ENTIRE AGREEMENT; SERVICE AGREEMENT
ABD Web Host shall provide its Services to You (the Customer) under the Terms and conditions of this Customer Agreement. The Agreement is intended to keep the integrity of both ABD Web Host and the Customer and to protect both parties from liability. This Service Agreement will be enforced to ensure the speed, power, performance, and reliability of our services. Along with the Order Form and any other documents or agreements explicitly specified in this Agreement, the Customer Agreement constitutes the whole act of convention between ABD Web Host and the Customer, thus being the most significant document of the newly-established relationship. In case that a court of competent jurisdiction considers that any of the Agreement’s provisions is invalid, unenforceable, or void, the remaining ones will completely reserve their validity. Customer’s side of the Agreement could be presented by the following parties: an individual with personal demands, being over 18 years of age; a legal entity such as a corporation, a limited liability company etc. that is consistent with state’s law system. If a person represents the Customer for some reason, he/she should be legally authorized to act in his/her name, thus accepting, executing and delivering the Agreement. You understand and agree that the Service is provided “AS-IS” and that ABD Web Host assumes no responsibility for the timeliness, deletion, and failure to deliver or store any Customer communication or personalization settings.
ABD Web Host HOSTING SERVICES
A web hosting service is a type of Internet service that offers individuals and organizations the opportunity to host their own websites, and to store information, images, video, or other content accessible via the World Wide Web. A Storage Service Provider (SSP) is a company that provides computer storage space and related management services. SSPs also offer periodic backup and archiving. ABD Web Host offers only web hosting services, not data storage services. A web hosting service consists of the following:
Bandwidth – Each hosting plan includes prepaid monthly bandwidth in Megabytes. This bandwidth quota is shared between all the sites in a single hosting account. In case a hosting account exceeds its allowed bandwidth, it will be suspended until beginning of the next month when the quota will refresh automatically. Additional bandwidth is available. Contact sales for more information.
Domains Hosted – ABD Web Host hosting plans include domain hosting. Each hosting plan has a limit of the domains hosted.
Domain Registration – available at discounted price only with purchasing web hosting account(s). Each web hosting account can use a maximum of one discounted domain name. Domain registrations are final and cannot be refunded.
More detailed information regarding domain names can be found in the Domain Name Dispute Resolution Policy.
Disk Space – Additional disk space is available. Payment is accepted only in advance per year. Contact sales for more information.
IP Address – For many customers an IP address is important for starting SSL hosts and that’s why we allow purchasing more IP addresses. In case your hosting account does not include an IP address, please contact sales for more information on how to obtain it. Payment is accepted only in advance per year.
MySQL Database(s) – is/are included in all hosting plans. Additional MySQL databases are available. Contact sales for more information.
MySQL Database Storage – Each hosting account has a limit for MySQL database storage. This storage is shared between all the MySQL databases in a single hosting account. Additional MySQL database storage is available. Contact sales for pricing.
SSH (Secured Shell) – In case your hosting account does not include a SSH, please contact sales for more information on how to obtain it. Payment is accepted only in advance per year.
BACKGROUND OPERATIONS/PROGRAMS ON SERVERS
These programs, named cron jobs, can be continuously run by ABD Web Host in the background. Their provision suggests additional fee in accordance with system resources used and operational maintenance involved, if needed. Generally, ABD Web Host avoids placing complementary charges upon customers, providing the CronTab service that is integrated in the hosting Control Panel. Optional ABD Web Host Services: These services, including but not limited to: Site Studio, Mailing Lists and other services offered are provided WITHOUT WARRANTY and WITH NO GUARANTEE OF RESULTS. ABD Web Host ADDITIONAL SERVICES OR FEATURES AND VALUE-ADDED SERVICES OR FEATURES ARE OFFERED ON “AS IS” AND “AS AVAILABLE” BASIS. ABD Web Host REJECTS ANY IMPLIED WARRANTIES. ANY OF ABD Web Host’ EMPLOYEES, MANAGEMENT OR AFFILIATES MAY NOT BE HELD RESPONSIBLE OR THUS LIABLE FOR ANY POSSIBLE DAMAGES PROVOKING USE OR MISUSE OF ANY INFORMATION, CONTENT OR SERVICES PROVIDED BY ABD Web Host, INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND INCIDENTAL DAMAGES RESULTING FROM ANY FAILURE TO PROVIDE SERVICES, SUSPENSION OR TERMINATION OF SERVICES.
ABD Web Host will guarantee 99.9% ABD Web Host network uptime and 99.9% network stability uptime. This, however, does not refer to problems stemming from:
Server Hardware Breakdown.
User error(s) or purposeful interruption(s) of the user service (e.g. if the client shuts his/her own server down, ABD Web Host is not responsible for the downtime).
Failures due to software that is not explicitly supported by ABD Web Host. Consequently, if a hardware crash provoked by the customer happens, ABD Web Host is beyond the control and responsibility for the resulting downtime.
A data backup is available on a daily basis. All the contents of a client’s /www/ folder will be added to the backup, as well as all the databases that belong to the Customer. The maximum space provided to a client for his backup is 5 GB of disk storage.
SERVER USAGE & HOSTED CONTENT
Server content MUST comply with the parameters stated in this TOS. Web content requirements exclude the publication of illegal content or content considered inappropriate otherwise. Customers should get in touch with a ABD Web Host Service representative regarding any inquiries over the matter.
If any of ABD Web Host Services are used for the illegal purpose of SPAM or UCE, then they will be instantaneously terminated.
Unauthorized Access. ABD Web Host expressly bans the use of any ABD Web Host hardware or software hosted on a ABD Web Host server for trying to illegally access another hosted machine or network.
Using ABD Web Host’s temporary URL is not defined as bandwidth stealing. However, customers are advised to use it temporarily and ABD Web Host does not bear the responsibility, if we change it afterwards – traffic processing there is not recommendable. It is not recommendable to use ABD Web Host’ temporary URL – scXX.info/scXX.biz – as a basic URL. Users are advised to redirect their traffic to their own domains.
Each customer will be able to take advantage of the package he/she has purchased at the introductory price levels and with one and the same set of features in the course of the whole contract period. ABD Web Host reserves the right to introduce certain changes to the packages (in the shape of complementary services) to the benefit of customers.
MONEY BACK GUARANTEE
ABD Web Host offers a 30-day money back guarantee. If you are not satisfied with our hosting service, you can submit your refund request in a trouble ticket from the web hosting control panel or send an e-mail to email@example.com and receive a full refund for your hosting plan within 30 days after you purchased the account. However, all domain registrations are final, do not include any money back guarantee and will be subject to a $9.95 USD per year per domain registration fee. You will be required to make a deposit of $9.95 USD for the domain fee before receiving the refund for the hosting account.
PAYMENT, CHARGEBACKS AND RETURNED CHECKS
ABD Web Host contracts with JCB / VISA / MASTER CARD International and Discover Financial Services for chargeback procedures, thus avoiding its merchant accounts involvement. When signing up for a web hosting service with ABD Web Host, customers agree to AUP (this document) and the specified Terms & Conditions in this document. Thus, ABD Web Host will utilize this document as an evidence for the customer’s agreement in cases of a chargeback inquiry on behalf of the customer based on points that the client tries to refute after he accepted them at the time of the order.
If, however, customer presents a valid motive for the refund required, having observed the afore-specified requirements, then ABD Web Host will process the money back procedures without hesitation. Any refund actions will immediately lead to web hosting account suspension and the customer’s credit card will be charged back with the respective sum under the same payment order / authorization number.
ABD Web Host will charge customers with fees based on the fee structure at the time of the sign-up process. ABD Web Host reserves the right to introduce changes to the packages when needed regarding price and set of features. This means that the current price list at abdtechnology.com may differ from the pricing and features of the customer’s account.
When signing up for an account with ABD Web Host, the customer agrees to pay for the period of one year (365 days). ABD Web Host grants customers with 48 hours over the official payment period. In case that the payment has not been received, the account will be suspended.
Chargebacks are not considered as a way of refunding. Any customer who provides a credit card chargeback in response to a bill or order placed at ABD Web Host will be subject to collections and legal action. He/she will be charged $29.00 USD, because when signing up with ABD Web Host, customers accept these terms and conditions, thus agreeing to observe them strictly.
WARRANTIES AND REPRESENTATIONS
ABD Web Host provides hosting services on an “as is” and “as available” basis without warranties or representations for its offering. The company bears no responsibility for connection problems, in cases when customers’ hosting with ABD Web Host confronts with service interruption issues.
FREE DOMAIN NAME PROMOTION
ABD Web Host has a promotion and gives FREE domain names only to new customers of web hosting accounts. However, when the money back guarantee option is used the domain names must be paid – $9.95 USD per year per domain name. Domain name owners will receive an account username and password to manage their domain names and they will be able to transfer the domain name(s) at will.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the ABD Web Host Services, you will not use the ABD Web Host Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not attempt to gain unauthorized access to any ABD Web Host Services, other accounts, computer systems or networks connected to any ABD Web Host Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the ABD Web Host Services. ABD Web Host reserves the right at all times to disclose any information as ABD Web Host deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the sole discretion of ABD Web Host. ABD Web Host is within the capacity to refuse service to unlawful parties. ABD Web Host servers can be used explicitly for legal purposes only and each attempt for taking indecent advantage of the servers inconsistent with the rules will be immediately rejected. In this light, ABD Web Host expressly forbids any breach of Federal, State or Local regulation, including, but is not limited to the transmission of: copyrighted material, material legally judged to be threatening or obscene and material protected by trade secrets. ABD Web Host management will thoroughly scrutinize any of the received orders and decide to their own discretion which of them do not comply with the officially stated requirements for use of the company’s servers. ABD Web Host servers CANNOT be used for the propagation, distribution, housing, processing, storing, or handling in any way of lewd, obscene, adult OR pornographic material, or any other material which is considered impermissible by the company including, but not limited to – pornography, adult materials, satanic materials, and any other materials of an adult nature.
Any dealings with third parties (including advertisers) included within the ABD Web Host Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. ABD Web Host shall not be responsible or liable for any part of any such dealings or promotions.
You agree that ABD Web Host, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service if you violate these terms.
ABD Web Host reserves the right to reject its service and terminate this agreement for a certain period of time or indefinitely upon customers’ failure to pay. The customer then is considered a debtor to ABD Web Host and liable for reasonable interest and collection fees.
You are solely responsible for the content of your messages. Using the ABD Web Host Service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise) is prohibited. In consideration of your use of the Service, you agree to:
Provide true, accurate, current and complete information about yourself as prompted by the registration form of the Service.
Maintain and promptly inform us to update Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ABD Web Host has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ABD Web Host has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
When signing up for un account with ABD Web Host, each customer agrees to submit correct and up-to-date contact details, meaning that when introducing any changes to this information, he/she is obliged to notify ABD Web Host in the course of a 10-business-day period after the changes become valid. The introduction of changes should be done online through customer’s Control Panel, not via e-mail. This requirement is also in force for ABD Web Host – customers will always be aware of any contact information changes that the company places within its website. This way, a flawless communication process between both sides is guaranteed.
You will receive a password and account designation upon completing the registration process of the Service. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. You agree to:
immediately notify ABD Web Host about any unauthorized use of your password or account or any other breach of security.
ensure that you exit from your account at the end of each session.
ABD Web Host cannot and will not be liable for any loss or damage arising from your failure to comply with this.
Any Customer in violation of system or network security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, e-mail bombing, flooding deliberate attempts to overload a system and broadcast attacks. Forging of any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting.
Harm to ABD Web Host Servers – any attempts for doing harm to a server or customer of ABD Web Host Services are explicitly banned
Acceptable Use of Services / Acceptable Access to Services – ABD Web Host will immediately and resolutely react to any attempt of use of an Internet account or computer by a ABD Web Host customer unauthorized by the account or computer owner. Such attempts include “Internet scamming” (tricking other people into releasing their passwords and etc.), password robbery, security hole scanning etc. It DOES NOT matter whether the attacked account or computer belongs or not to ABD Web Host Services, the fraud will be subject to actions based on the very nature of the attack which could be a warning, an account suspension or cancellation and civil or criminal legal action.
CPU usage (or usage of the Central Processing Unit(s)) on the web server Customer’s account is hosted on is subject to some regulations. That means that each hosting account can take advantage of up to 10% of the CPU power for no longer than 180 seconds at any given time or 4.5% in the course of 24 hours. ABD Web Host strongly requires that customers be very judicious when using the CPU power for their accounts. Otherwise, we may suspend customer accounts in cases of registered impact on other accounts on the server or disturbance caused to the functioning of the server. If we do suspend an account, then its owner will be notified of that in consistence with the situation that this suspension may provoke. Then the account’s owner may be required to upgrade to a dedicated or semi-dedicated web hosting solution. Possible alternative is a required reduction in the load and traffic that the customer’s account gets. ABD Web Host reserves the right to block files or scripts that use CPU exceedingly and notify clients.
Customer agrees not to publish on or over its account any information, software or other content, which violates or infringes upon the rights of any others or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible.
Users are NOT allowed to send more than 1500 emails per day per hosting account.
Each account is entitled to host up to 50 000 files.
ABD Web Host offers generous amounts of disk space and network bandwidth. The customers must not allow other websites or hosting servers to link to files stored in their hosting accounts, and thus steal network traffic. In order to escape unjust distribution of the resources, as well as possible sharing of illegal content, the Customers are not allowed to use their hosting accounts as a remote storage server only or solely for the purpose of sharing (un)archived images, programs or sound files. At least 80% of all files and/or total megabytes used (including MP3, WAV, RA, GIF, JPG, ZIP, RAR, but not limited to these file extensions) in each hosting account must be a part of actual, active website(s) content, i.e. all content files must have corresponding HTML or PHP files, which link to them. Furthermore, these files may amount to no more than 50% of the traffic that the Customer uses each month. If requested, the Customer should prove that a given file is a constituent part of an actual page and not only stored on the server within 24 hours of the request.
MySQL usage: each database hosted on our system can be used only by the user who has created it. Another user, whose account is hosted on the same or on another server, cannot use the database created in your account. The MySQL database has a limit of 45 000 queries per hour. If you have reached 45 000 queries per a given hour, you will not be able to make any more queries. In the next hour you will have access to the database again and the counter will be reset.
The access and error logs for all client’s hosts in an account should not exceed 500 MB in total.
ABD Web Host does NOT allow sites that provide any content, points of distribution, or ‘links’ to sites that:
infringe on any third party’s intellectual property or proprietary rights, or rights of publicity or privacy
violate any law, statute, ordinance or regulation
are defamatory, trade libelous, threatening, unlawfully harassing, abusive, pornographic or obscene
contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another
contain or run proxy – proxy lists and any kind of proxy scripts (including, but not limited to php proxy and nph proxy)
concern in any way torrent trackers, clients or applications – Torrent trackers, clients or applications are not allowed to be hosted on our servers
have IRC bots – IRC bots are absolutely forbidden on our servers
contain Pirated or Hacking / Phreaking Software (Warez) – Any software that is copyrighted and not freely available for distribution without cost. ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) all fall under this jurisdiction
have Adult Sites (content) – Any erotic or pornographic material, links to adult sites, or advertisements of adult sites.
SERVICE EXPIRATION AND RENEWAL
The hosting service is active for one year (365 days). After that period of time, the account will be automatically suspended until the Customer renews it by paying the anual subscription. In case the Customer does not renew his hosting account, it will remain BLOCKED. The account’s data will be kept for two months, after that it will be permamently deleted.
The redemption period is a registry level period of up to 30 days that occurs when a domain name is deleted after it expires without being renewed. Instead of just being deleted and returned to the pool of domain names available for registration, the registry holds the name in a REDEMPTION PERIOD. During this 30-day period, the original domain registrant may retrieve the domain name from deletion for an additional fee by contacting the registrar.
This extra 30-day period extends the time available to renew expired domain names. However, all names that enter the redemption period are removed from the zone files (the list of domains currently in the global DNS); therefore, any web site or e-mail services associated with the domain name will stop working.
After the 30-day redemption period there is a 5-day pending delete phase. When a domain is in this phase no one can retrieve the domain and it cannot be registered. After the 5-day pending delete phase the registry will release the domain name back into the public pool of available domain names.
We strongly recommend that you renew your domain registration before the domain name is placed in redemption. If your domain name is placed into redemption, we cannot prevent the zone files being removed from the DNS and your web site and any associated services will cease to work.
We can assist in retrieveing your domain only if your domain was registered with us. If your domain was registered with another registrar, you must contact that registrar for information regarding retrieving your domain name. You will be charged with a REDEMPTION FEE of $190.00 USD for the domain registration renewal.
CUSTOMER WEBSITE; E-COMMERCE; CUSTOMER WARRANTIES/GUARANTIES
When buying an allocated space on ABD Web Host servers, customers agree to be fully responsible for the development, operation and maintenance of their web site, online store and e-commerce activities within that space. Each customer is in charge of all the products and services as well as of all contents and materials appearing online, including:
the accuracy and relevance of Customer Content and content and material showcased in its store or on its products
certainty that the Customer Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person
certainty that the Customer Content and the content and materials appearing in his/her store or on his/her products are not calumnious or somehow illegal. Customer is the only one in charge of approving, processing and filling customer orders and of taking care of customer requests or complaints. Customer is the one in charge of the payment or satisfaction of any and all taxes related to his/her web site and online store.
Customer bears the responsibility for ensuring the security and confidentiality of any customer data (including, without limitation, customer credit card numbers) that he/she may receive in connection with his/her web site or online store.
Each Customer guarantees to ABD Web Host that he/she owns or possesses the right to use the Customer Content and its material, including all text, graphics, sound, music, video, programming, scripts and applets. Each Customer warrants to ABD Web Host that the use, reproduction, propagation and transmission of the Customer Content and any information and materials contained inside do not, and will not:
infringe or abuse any copyright, patent, trademark, trade secret or any other proprietary right of a third party
break any criminal laws or manifest false advertising, unfair competition, vilification, privacy intrusion; violate a right of publicity or violate any other law or regulation. Each Customer empowers ABD Web Host to reproduce, copy, use and propagate all and any part of the Customer Content for ensuring and operating the Services. ABD Web Host is granted the right to assess the extent these operations need to be done.
Any case of indecent treatment towards a ABD Web Host employee will be considered inappropriate. Each Customer is anticipated to conduct a professionally mannered communication with ABD Web Host employees regarding any requests for help through e-mail or by means of the Ticket Desk Support System. Each Customer should avoid applying any forms of written emotional outburst or cursing. Any attempts of deliberately undermining behavior will be interpreted as a breach of this TOS. Other acts of treatment towards ABD Web Host employees that will be considered as unacceptable include any verbal, oral, written or delivered by a second party threats addressing ABD Web Host or any of its employees, partners, equipment, and concerns. Any forms of such threats will be interpreted as a breach of this TOS. ABD Web Host keeps the right to assess which behaviour will be treated as a breach of this TOS and to give no refunds to the users whose accounts have been suspended for violating the aforementioned rules.
SPAMMING IS PROHIBITED
We will determine in our sole discretion whether any of the messages you send are spam. For your information, spamming generally includes, but is not limited to:
the sending of unsolicited messages in bulk, or the sending of unsolicited e-mails, which provoke complaints from recipients
the sending of junk mail
the use of distribution lists that include people who have not given specific permission to be included in such a distribution process
posting commercial ads to USENET newsgroups that do not permit it
posting articles containing binary encoded data to non-binary newsgroups
excessive and repeated posting of off-topic messages to newsgroups
e-mail harassment of another Internet Customer or Customers, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive
the e-mailing of age-inappropriate communications or content to anyone under the age of 18
“Spamming” is considered as explicit misuse of ethical principles and will be interpreted as a violation of them
The maximum number of allowed e-mail messages sent per day is 1500. There are no exceptions to this rule. Every customer who is sending more than 1500 e-mail messages per day needs a dedicated server and cannot use a shared hosting account.
Forward Looking Statements: these refer to any predications within this website that are not based on objective facts and express expectations with regard to forthcoming events. Such statements cannot be treated as reality-based because it is possible that they happen to deviate from actual circumstances. Forward Looking Statements can be recognized by the availability of indicative words such as “believes”, anticipates,” “plans,” “may,” “hopes,” “can,” “will,” “expects,” “is designed to,” “with the intent,” “potential”. However, their availability is not a compulsory requirement for a forward-looking statement to be treated as such.
FORCE MAJEURE CIRCUMSTANCES
ABD Web Host will be in an off-liability position as regards the failure or delay in doing its professional duties in consequence of circumstances beyond its control. Such circumstances could be provoked by acts of any governmental body, war, rebellion, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provisioning of the Services. This agreement constitutes the whole act of convention between the parties with regard to the agreement signed between them. It is not subject to any amendments, modifications, or any other alterations with the exception of changes introduced through a written instrument that is signed by the party to be charged.
This Agreement shall be interpreted in consistence with the laws of the State of Florida, US.
This Agreement shall be in force and effect entirely to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. – The captions and headings contained in this TOS are aimed at facilitating the text comprehension. They are not a part of the very Agreement, and shall not limit or construe the provision they refer to. – This Agreement may be executed in counterparts, which will be considered as original.
Copyrighted material must not be placed on Customers’ accounts without the permission of the copyright owners or people that are specifically authorized by the copyright owners. Only copyright owners or people specifically authorized by them may upload copyrighted material to the account. Upon our receipt of a notice of a claimed copyright infringement containing the above information, after confirmation we will promptly remove the allegedly infringing material from the Services and carry out further procedures if necessary. We will assume no liability to any Customer of the Services for the removal of any such material.
Please report any violations of the Terms of Service and the Domain Name Dispute Resolution Policy to firstname.lastname@example.org .
Customer shall not have the right to assign this Agreement without the written permission of ABD Web Host. This Agreement shall be in force and effect to the total benefit of Customer and ABD Web Host and their successors and permitted assigns.
We consider your registration data and the content of all of your messages to be private. The header of the messages that you send will contain your name (e-mail address) and Internet Protocol (IP) address. We will not intentionally monitor or disclose any of your e-mail messages or registration data unless we are required to do so:
- to enforce these Terms and Conditions,
- by law,
- to defend us in any legal action,
- to protect our property.Additionally, you agree to respect the privacy and confidentiality of others. Since your password is essential for protecting your privacy, we encourage you not to share it with anyone and change it frequently.
PRIVACY OF YOUR REGISTRATION DATA.
ABD Web Host collects information during the registration process. The personally identifiable information that ABD Web Host collects includes first and last name. ABD Web Host also collects non-personally identifiable information such as country, age, gender, etc. You may update your Registration Information at any time from the members’ area.
We may disclose aggregate registration statistics in connection with our marketing activities.
WHY DO WE NEED THIS INFORMATION?
Your registration information is needed to operate the site, to provide support for your account, for statistical purposes, etc. ABD Web Host will not send you any unsolicited information, including e-mail, except as mentioned below. New Customers will receive a ABD Web Host welcome letter explaining the features provided by the service. ABD Web Host may also send periodic member letters to announce important service changes, new features, technical issue updates and news about the Service. ABD Web Host keeps your personally identifiable information private and does not share it with any unauthorized third parties.
Domain name registrations are non-refundable. Each domain name registration will be subject to a $5.00/year per domain registration/transfer fee *. As changes are no longer allowed after the registration request is submitted, customers should make a correct spelling check before buying their domain name.
* This excludes the promotional fees for domain name registrations where the prices will be different.
COMPLETE AND ACCURATE PERSONAL INFORMATION
You agree to provide certain current, complete and accurate information about yourself both in your domain(s) WHOIS and in your account records. You agree to update this information once in a while to keep it complete, up-to-date and accurate. For all your domain name registrations’ contact records, you must submit the following: full name, current postal address, e-mail address, voice telephone number, and if available, a fax number. You agree that the type of information you are required to provide may change in time and you understand that, if you do not provide the new, updated information, your registration may be suspended or terminated or may not be renewed. Failure to provide the requested information might prevent you from obtaining all Service(s).
The Internet Corporation for Assigned Names and Numbers (ICANN) – the organization that assumes responsibility for domain name allocation, requires that we collect information about you during the domain name registration process. This information includes your full name, mailing address, phone number, email address, and, if available, your facsimile number. ICANN then requires all registrars to make the following data accessible to the public on an interactive web page and using a “port 43” WHOIS service: your full name, mailing address, phone number, email address, if available your facsimile number, as well as the creation and expiration dates of your domain name registration and the name server information associated with your domain name. We will refer to this information as your “WHOIS Information”. Please note that we may not be able to control in what manner or for what purposes members of the public might use the WHOIS Information.
Domain Name Dispute Resolution Policy
(As Approved by ICANN on October 24, 1999)
PURPOSE. This Uniform Domain Name Dispute Resolution Policy (the “Policy”) has been adopted by the Internet Corporation for Assigned Names and Numbers (“ICANN”), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules of Procedure”), which are available at http://www.icann.org/udrp/udrp-rules-24oct99.htm, and the selected administrative-dispute-resolution service provider’s supplemental rules.
YOUR REPRESENTATIONS. By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else’s rights.
CANCELLATIONS, TRANSFERS, AND CHANGES. We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:
subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;
our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.)
We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.
MANDATORY ADMINISTRATIVE PROCEEDING.
This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at http://www.icann.org/udrp/approved-providers.htm (each, a “Provider”).
Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a “complainant”) asserts to the applicable Provider, in compliance with the Rules of Procedure, that
your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
you have no rights or legitimate interests in respect of the domain name; and
your domain name has been registered and is being used in bad faith.
In the administrative proceeding, the complainant must prove that each of these three elements are present.
Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:
circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or
you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or
you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or
by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.
How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):
before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or
you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.
Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).
Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the “Administrative Panel”).
Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.
Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.
Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.
Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.
Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.
Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel’s decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel’s decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.
ALL OTHER DISPUTES AND LITIGATION. All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.
OUR INVOLVEMENT IN DISPUTES. We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.
MAINTAINING THE STATUS QUO. We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.
TRANSFERS DURING A DISPUTE.
Transfers of a Domain Name to a New Holder. You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.
Changing Registrars. You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.
We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at our website at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.