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AACS Direct Solutions, LLC ("aacsdirect.com") Terms of Service ("TOS")

aacsdirect.com provides web hosting to many clients, and we have a responsibility to protect each client and to provide the best services available. The following guidelines were designed to ensure these obligations are met.

I. Content:

All services provided by aacsdirect.com may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute, and invasion of privacy. The subscriber agrees to indemnify and hold harmless AACS Direct Solutions, LLC from any claims resulting from the use of the service which damages the subscriber or any other party.

All pornographic content and sex-related merchandising is prohibited on all aacsdirect.com servers. This includes sites that may infer sexual content or links to adult content elsewhere. AACS Direct Solutions, LLC 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 aacsdirect.com servers or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable use, content, or links:

  • Pirated software
  • Hacker programs or archives
  • Warez sites
  • Phishing
  • Any version of Matt Wright's FormMail Script is forbidden!
  • Use of Frontpage Extensions (not compiled on servers - security risk)
  • Microsoft Expressions
  • IRC

AACS Direct Solutions, LLC will be the sole arbiter as to what constitutes a violation of this provision.

Clients are responsible for maintaining backups of their content. aacsdirect will provide a current downloadable backup via the cPanel to assist the client in keeping their backups up-to-date.

In the event that any particular client's material is not "Server-ready", aacsdirect.com may, at its option and at any time, reject this material, including, but not limited to after it has been put on aacsdirect.com's webservers. This includes aacsdirect.com's right to disable such non-"Server-ready" materials, such as CGI scripts or programs which consume an unreasonable amount of CPU (Central Processing Unit) usage or RAM (Random Access Memory) as determined by aacsdirect.com. aacsdirect.com may also at its discretion at any time, suspend access to any client's website without notice, due to over-consumption of bandwidth (exceeding plan's quota), CPU usage, or any other reason which might effect the performance of aacsdirect.com services. aacsdirect.com agrees to notify Client immediately of its refusal of the material and/or suspension of the account and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of aacsdirect.com. If the Client fails to modify the material, as directed by aacsdirect.com, within a reasonable period of time established by aacsdirect.com, the Agreement shall be deemed to be terminated.

II. File Distribution/Mirroring

aacsdirect.com forbids use of service for those who provide mirroring service for other website or websites, and/or whose primary purpose is file distribution. Distribution of executable programs, archive files, or other non-visual file types are not welcome. Client's whose accounts who are found in violation of this policy may, at the discretion of aacsdirect.com, have their account(s) terminated without notice.

III. Commercial Advertising - Email:

All commercial emails sent from your server need to be CANSPAM compliant:

Spamming, or the sending of unsolicited email, from an aacsdirect server or using an email address that is maintained on a aacsdirect machine is STRICTLY prohibited. For general reference, we consider spam any email that is sent to more than 10 people at a time that did not ask for it to be sent to them.
 
AACS Direct Solutions, LLC and/or it's NOC, will be the sole arbiter(s) as to what constitutes a violation of this provision. Opt-In email is acceptable, as long as Opt-Out/Removal request are fully honored. Please make an effort to limit outgoing mail on your account to no more than 300 pieces per hour. Large mailings are preferred to be sent using a Spam Free mail server system at: YMLP.COM.

1. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the aacsdirect service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending aacsdirect account.

IMPORTANT NOTICE:

2. BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice, no refunds shall be made, and clean-up fees may apply! Resellers: we will suspend the site in question and will notify you.
 
3. IP Blocks: cause any of our IP space to be listed in any of the various Spam Databases risk having their account immediately suspended/removed from our network and a minimum clean-up fee in the amount of Twenty-five Dollars per block, and not to exceed One-hundred Dollars per incident.

IV. Server Abuse:
Any attempts to undermine or cause harm to an aacsdirect server or customer of aacsdirect is strictly prohibited. aacsdirect will pursue legal action to the fullest extent for all abuse of the aacsdirect Network.

V. Suspension/De-Activation:
If any terms or conditions are failed to be followed it will result in grounds for account suspension or de-activation. aacsdirect™ reserves the right to remove any account without prior notice. If aacsdirect™ deactivates your account(s) for violating policy, you will forfeit your rights to a refund...and none will be given. No refunds for advance payments, on de-activated accounts. Normal policy is a warning first, and account de-activation the second offense. Serious offenses, such as phishing, or spamming, may cause immediate de-activation, and fees for damages.

VI. Misuse of System Resources:

Any attempt to undermine or cause harm to a server, or customer, of aacsdirect.com is strictly prohibited. This includes, but is not limited to: using programs that consume excessive CPU time; allowing the use of mail services, mail forwarding capabilities, or auto-responders other than for the customer's own account; resale of disk space without an appropriate reseller agreement; use of servers for backup of files unrelated to the web site of the account; or resale or remote access to CGI scripts installed on our servers. Operation of IRC servers or IRC bots on our servers will result in an immediate suspension of service.

VII. Cancellation:


  • 5 days notice, prior to the renewal date is required to avoid further billing, and there are no refunds.

  • There is no cancellation fee.
  • All fees paid for service up to the end of the current billing period are non-refundable.

  • If cancellation is made within the first 30 days of service, shared hosting fees will be refunded on 1 and 3 month plans with no questions asked. Account will be terminated upon request within the first 30-days, and a prompt refund will be initiated.

  • This does not include fees for domain registration.

  • 6 Month and 12 Month plans are a commitment, and no refunds are made.

VIII. Financial Arrangements:

1. Client agrees to a minimum one (1) month contract, beginning upon aacsdirect.com's receipt by fax, postal mail or e-mail of client's order. Dedicated Servers and VPSs are billed at least 7 days prior to the start date. Dedicated server clients are required to maintain an up-to-date credit card on file, or an active PayPal Subscription.

2. Only 1 and 3 Month subscriptions have a 30 Day Money Back Guarantee. The Money Back Guarantee does not apply to Dedicated Servers and VPSs.

3. This agreement will automatically renew and be billed for the same successive periods specified by the client on the initial order. This agreement will renew every 1,3, 6, or 12 months unless canceled in writing at least 5 days prior to the renewal date.

4. Keeping Contact information, including e-mail address and billing information, up-to-date is the responsibility of the client. Declined or Invalid payments, or payments not received when due, will automatically suspend an account until resolution is made.

5. A suspended account, regardless of reason for suspension, may require a re-activation fee.

6. Charge-backs: In any event of a client initiating a charge-back, will result in the account(s) being suspended immediately pending resolve. A $50 re-activation fee will be required to re-activate the account.

7. Design and Administration fees: Design fees are paid in two (2) parts, 50% up-front, and the remaining 50% on completion. All design work performed by AACS Direct Solutions, LLC remains the property of AACS Direct Solutions, LLC until paid in full. Past due administration fees will not result in a suspension. However, will result in being blocked from managing the account until paid.

IX. Reseller: Client Responsibility

Resellers are responsible for supporting their clients. aacsdirect does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are expected to research resolves to their client's issues before contacting us. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. aacsdirect will hold any reseller responsible for any of their clients actions that violate the law, or the terms of service. A Reseller whom abandons his/her responsibilities to his/her clients forfeits ownership of the neglected accounts to aacsdirect, insuring service to the hosting clients, and accounts will become the property of aacsdirect. Abandonment is defined as lack of being able to contact the reseller, lack of support to his/her clients, and/or non-payment of his/her reseller account.

X. Suspension:

Activity which results in a suspension or deactivation of an account will result in a forfeiture of fees paid. Complaints made regarding abuses of an account will be grounds for suspension.

XI. Refusal of Service:

We reserve the right to refuse, cancel, or suspend service at our sole discretion.

Failure to follow any term or condition will be grounds for immediate account deactivation with no refunds.

 
 
 
 
 
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