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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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- The Account Holder's rights and privileges under this Agreement
cannot be sold or transferred without the prior written consent
of AJL Hosting, Inc.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- All accounts are subject to verification.
- 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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