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  AJL Hosting, Inc.  Customer Service Agreement  
     
 

This is an agreement between you and AJL Hosting, Inc. regarding your use of AJL Hosting, Inc.'s computer resources, interactive information, and communication and server management services. This Agreement governs the terms and conditions under which AJL Hosting, Inc. makes the services offered by AJL Hosting, Inc. available to businesses and individual consumers through a personal computer or similar access, or to individual consumers and businesses in connection with the "AJL Hosting, Inc." Web hosting or similar services.

Under this Agreement, you must comply with AJL Hosting, Inc.'s then current "Acceptable Use Policy," as updated from time to time by AJL Hosting, Inc., which can be viewed here.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

  1. AJL Hosting, Inc. will host an account for you, the purchaser (hereafter referred to as the Account Holder), for the Account Holder's chosen domain name, for the period of time (the Term) corresponding with the payment plan chosen by the Account Holder. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated. We require notification of non-renewal with at least 30 days notice but not more than 60 days prior to the renewal date. If you do not provide this notice, you will be charged for the next terms rate. There are no refunds on a la carte services, dedicated servers or server collocation.

  2. AJL Hosting, Inc.'s services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. AJL Hosting, Inc. expressly disclaims any representation or warranty that the AJL Hosting, Inc. services will be error-free, secure or uninterrupted. No oral advice or written information given by AJL Hosting, Inc., its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice. The terms of this Section will survive any termination of this Agreement.

  3. The Virtual Web Server Internet account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the Account Holder agrees not to store, transmit, link to, advertise or make available any images containing pornography, graphic violence or death. Violations of these or any other provisions of this Agreement may result in termination of the services provided by AJL Hosting, Inc., with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of AJL Hosting, Inc. based upon the severity of the violation. AJL Hosting, Inc. reserves the right to refuse service if any of the content within, or any links from, the Account Holder's Web site is deemed illegal, misleading, or obscene, or is otherwise in breach of AJL Hosting, Inc.'s then current Acceptable Use Policy, in the sole and absolute opinion of AJL Hosting, Inc. Notwithstanding anything in this Agreement, the content of the Account Holder's Web site is the sole responsibility of the Account Holder. The Account Holder agrees to indemnify and hold harmless AJL Hosting, Inc. from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney's fees, costs, and other expenses incurred by AJL Hosting, Inc., (collectively, Claims) related to or in connection with the content of the Account Holder's Web site The terms of this Section will survive any termination of this Agreement.

  4. Account Holder acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Account Holder. Account Holder is aware that AJL Hosting Inc. reserves the right to change the specified rates and charges from time to time.

  5. The Account Holder agrees to follow generally accepted rules of "Netiquette" when sending E-mail messages or posting to newsgroups. Account Holder is responsible for security of its password. AJL Hosting, Inc. will not change passwords to any account without proof of identification, which is satisfactory to AJL Hosting, Inc., which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Account Holder, Account Holder understands that AJL Hosting, Inc. will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will AJL Hosting, Inc. be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless AJL Hosting, Inc. from any and all Claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.

  6. The Account Holder agrees not to harm AJL Hosting, Inc., its reputation, computer systems, programming and/or other persons using AJL Hosting, Inc.'s services. AJL Hosting, Inc. reserves the right to select the server for Account Holder's Web site for best performance. The Account Holder understands that the services provided by AJL Hosting, Inc. are provided on a shared server. This means that one Web site cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If the Account Holder's Web site overwhelms the server and causes complaints from other users, the Account Holder has outgrown the realm of shared servers, and will need to relocate its Web site AJL Hosting, Inc. will refund any unused portion of prepaid services. If the Account Holder refuses to comply with this Section, then AJL Hosting, Inc. has the right to terminate the services provided to the Account Holder without any refunds of the unused portion prepaid by the Account Holder. The Account Holder agrees to indemnify and hold harmless AJL Hosting, Inc. and any other Account Holder from any and all Claims resulting from the Account Holder's use of the services provided by AJL Hosting, Inc. The terms of this Section will survive any termination of this Agreement.

  7. The Account Holder's rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of AJL Hosting, Inc.

  8. If the Account Holder sells or resells advertising or Web space to a third party then the Account Holder will be responsible for the contents of that advertising and the actions of that third party. AJL Hosting, Inc. has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current AJL Hosting, Inc. Acceptable Use Policy. The E-mail distribution by the Account Holder of "SPAM", "JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. If the Account Holder refuses to remove any advertising or other third party content deemed objectionable by AJL Hosting, Inc., AJL Hosting, Inc. may terminate the services being provided to the Account Holder.

  9. AJL Hosting, Inc. will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall AJL Hosting, Inc. be liable to the Account Holder for any damages resulting from or related to any failure or delay of AJL Hosting, Inc. in providing access to the Internet under this Agreement. In no event shall AJL Hosting, Inc. be liable to the Account Holder for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of AJL Hosting, Inc. under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive any termination of this Agreement.

  10. This Agreement applies to the Account Holder who is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. An AJL Hosting, Inc. account may not be transferred without prior written approval from AJL Hosting, Inc. The Account Holder is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Account Holder's account, the Account Holder will be liable for any unauthorized use of the AJL Hosting, Inc. services, including any damages resulting there from, until the Account Holder notifies AJL Hosting, Inc.'s customer service.

  11. If AJL Hosting, Inc. assigns the Account Holder an Internet Protocol address in connection with the Account Holder's use of the AJL Hosting, Inc. services, the right to use that Internet Protocol address will remain with and belong only to AJL Hosting, Inc., and the Account Holder will have no right to use that Internet Protocol address except as allowed by AJL Hosting, Inc. in its sole and absolute discretion.

  12. This Agreement constitutes the entire agreement between the Account Holder and AJL Hosting, Inc. with respect to the AJL Hosting, Inc. services and supersedes all prior agreements between the Account Holder and AJL Hosting, Inc. AJL Hosting, Inc.'s failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.

  13. The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mind set, without formal proceedings. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in Rockville, MD. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.

  14. The Account Holder agrees to indemnify and hold AJL Hosting, Inc. harmless from any and all Claims resulting from or connected with any activities conducted by the Account Holder. The Account Holder and AJL Hosting, Inc. will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.

  15. AJL Hosting, Inc. may include the Account Holder's name and contact information in directories of AJL Hosting, Inc. service subscribers for the purpose promoting the use of the services by additional potential clients. However, AJL Hosting, Inc. is not authorized to print the Account Holder's name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of the Account Holder.

  16. The interpretation and enforcement of this Agreement shall be governed according the laws of the state of Maryland (excluding its choice of law rules) and the federal laws of United States applicable therein. The Account Holder hereby consents to personal jurisdiction in the federal and provincial courts of Rockville, MD for any action arising out of or relating to the Account Holder's use of the AJL Hosting, Inc. services. The federal and provincial courts of Rockville, MD will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this Section will survive any termination of this Agreement.

  17. Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed.

  18. Because the Internet is a global communication tool, and we have clients from nearly every country in the world it is difficult to dictate what is considered "adult material." However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. This being said, there are still several reasons why AJL Hosting, Inc. has been forced to create its no adult sites policy for its server users.

  19. Account holders can receive a refund if account is cancelled within the initial 14 days after sign up. If the account holder cancels after the time period specified, there will be no refund given.

  20. AJL Hosting, Inc. may temporarily deny service or terminate this Agreement upon the failure of Account Holder to pay charges when they become due. Such termination or denial will not relieve the Account Holder of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

  21. If an account holder's account becomes overdue, the account will be suspended. Interest will accrue on the overdue account at a rate of 5% per month until the outstanding balance is paid in full.

  22. If an account holder charges back for services rendered, a $50.00 charge back fee will be added to the amount charged back by the customer.

  23. If an account holder's account is overdue for 90 days, the account will be handed over to an outside collection agency. At that time the account holder will incur a $50.00 collection fee added to the balance previously due.

  24. All accounts are subject to verification.

  25. You agree that AJL Hosting, Inc. may establish limits concerning use of any AJL Hosting, Inc service offered on any AJL Hosting, Inc. Web site, including without limitation the maximum number of days that E-mail messages will be retained by any AJL Hosting, Inc. service, the maximum number of E-mail messages that may be sent from or received by an account on any AJL Hosting, Inc. service, the maximum size of an E-mail message that may be sent from or received by an account on any AJL Hosting, Inc. service, the maximum disk space that will be allotted on AJL Hosting, Inc.'s servers on your behalf either cumulatively or for any particular service. You agree that AJL Hosting, Inc. has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any AJL Hosting, Inc. service. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any AJL Hosting, Inc. service may change at any time.

What does AJL Hosting, Inc. consider "Adult Material?"

  • Any site whose revenue is gained in part or whole from its adult content.

  • Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.

  • Photos or videos showing graphic violence, death or dismemberment.

  • Photos or videos showing graphic violence or death.

 

 
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