Terms of Service
I. Overview

At AB-Hosting we strive to provide you with the best access and management of your hosting needs. To sum up the legal policies of AB-Hosting and The Datacenter you can narrow it down to 4 specific items.

1) Do not break the Law.
2) Do not promote the potential for others to break the Law.
3) Do not intentionally cause harm to anyone located in your shared environment or the Internet as a whole.
4) Act responsibly.

Now for the Legal terminology
II. Client Consent To Rules

Before signing up with AB-Hosting, or continuing to use our service, please read these rules. By using AB-Hosting services, you agree to comply with these Acceptable Use rules. AB-Hosting may terminate your account if you fail to comply with these rules. Herein “Client” will be used to refer to an individual or individuals that purchase any or all of AB-Hosting services.

A. Use of services
1. The Client agrees to use AB-Hosting’s services for lawful purposes, in compliance with all applicable laws.

2. AB-Hosting hosted accounts are provided for use in conformance with these rules and Terms and Conditions. AB-Hosting reserves the right to investigate suspected violations of the rules. When AB-Hosting becomes aware of possible violations, AB-Hosting may initiate an investigation, which may include gathering information from the Client or others involved and the complaining party, if any, and examination of material on AB-Hosting servers.

3. During an investigation, AB-Hosting may suspend the account or accounts involved and/or remove the material involved from its servers, and AB-Hosting is not responsible in any way for any damages resulting there from. If AB-Hosting believes a violation of these rules has occurred, it may take responsive action at its sole discretion. Such action may include, but is not limited to, temporary or permanent removal of material from AB-Hosting, warnings to the Client Clients responsible, and the suspension or termination of the account or accounts responsible. AB-Hosting, at its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of these rules could also subject the Client to criminal or civil liability.

B. Use of materials
1. Materials in the public domain (e.g., images, text, and programs) may be downloaded or uploaded using AB-Hosting services. Clients may also re-distribute materials in the public domain. The Client assumes all risks regarding the determination of whether material is in the public domain.

2. The Client is prohibited from storing, distributing or transmitting any unlawful material through any AB-Hosting services. Examples of unlawful material include, but are not limited to, direct threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. The Client may not post, upload or otherwise distribute copyrighted material on AB-Hosting servers without the consent of the copyright holder. The storage, distribution, or transmission of unlawful materials could subject the Client to criminal as well as civil liability, in addition to the actions outlined in Section The above.

3. The Client may not store or distribute certain other types of material on AB-Hosting servers. Examples of prohibited material include, but are not limited to, programs containing viruses or trojans and tools to compromise the security of other sites or servers.

C. Passwords
1. AB-Hosting accounts are for individual use only. You may share your access with others only at your own risk. AB-Hosting assumes no responsibility for any unauthorized access.

2. In the event that the security of a Client is compromised, AB-Hosting may require the Client to use a new password.

3. AB-Hosting staff may check the security of a Client’s passwords at any time. A Client with an insecure password may be asked to change the password to one that complies with the above rules. Clients who repeatedly choose insecure passwords may be assigned a password by AB-Hosting; continued failure to maintain password security may be grounds for account termination.

D. System security
1. The Client is prohibited from utilizing AB-Hosting services to compromise the security of, or tamper with, AB-Hosting system resources or accounts on any of AB-Hosting computers, routers, terminal servers, modems, or any other equipment, or at any other site. Use or distribution of tools designed for compromising security is prohibited. Examples of the tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. Any attempt to access any of AB-Hosting corporate assets is strictly prohibited.

2. AB-Hosting reserves the right to release the user names of Clients involved in violation of system security to system administrators at other sites, in order to assist them in resolving security incidents. AB-Hosting will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.

E. System resources
1. AB-Hosting will allocate system resources to provide all Clients with the best service possible. As part of resource allocation, AB-Hosting may limit, restrict or prioritize access to system resources, including CPU time, memory, disk space, session length, and number of sessions. Also, this applies for VPS Users – IF you use too much disk I/O We will limit how much disk rendering / IOP’s you may use a second. The only way we will remove this Disk I/O Lock is if you stop abusing the hard drive on VPS please, and remember a VPS is on a shared environment, and affects the other customers. If you don’t want this Hard Drive Usage enabled then you must stop using the software that is abusive to our servers, and then we will remove it. We will not refund you for abusing our servers in such ways. We also, have the right to suspend/ terminate vps without warning for doing what we said above.

2. Additionally, AB-Hosting may institute services and fees for Clients who are interested in accessing system resources above and beyond acceptable usage.

3. AB-Hosting may log instances of abuse of system resources, including but not limited to those outlined below, and take action as outlined in.

4.System abuse is defined as any use of AB-Hosting resources that disrupts the normal use of system or Internet services for others. Examples of system abuse include, but are not limited to, attempting to disrupt the sessions of other Internet users, consuming excessive amounts of memory, disk space, or bandwidth, or otherwise affecting the performance of AB-Hosting’s servers or networks.

5. Clients may not run programs that provide network services from their accounts. Example of prohibited programs include, but are not limited to, mail, http, and irc servers.

6.Clients may only make use of AB-Hosting system resources while logged in. The sole exceptions to this policy are email filters, which process and sort mail as it arrives.

III. Acceptable Usage

Acceptable usage is hereby defined as the normal activities associated with the usage of the Internet, including, but not limited to, usage of AB-Hosting systems and network facilities for accessing the WWW, IRC, Usenet News, E-Mail, and other Internet features. Depending on the account type, this may include file storage on AB-Hosting for the Client’s own personal web page, file access area (FTP), and possibly Unix utilities used in a shell account. Shell users may be permitted to use their own software on AB-Hosting servers, subject to AB-Hosting examination and approval, provided such software does not use excessive system resources or in any way compromise system integrity and does not fall under any of the prohibited activities listed within this document.
This policy is subject to any and all laws and regulations set forth by the Federal, State or any other governmental authority.

IV. Prohibited Activities

Activities specifically prohibited by AB-Hosting administration include but are not limited to the following:

1) Background and/or server-type applications
Including but not limited to IRC bots, HTTP servers, MUDs, and any other process which were initiated by the user that continues execution on the system upon user logout.

2) Flooding or abuse of other users
Flooding is a fairly common occurrence on the Internet, and one which is dealt with strictly at AB-Hosting. Flooding takes place in numerous ways, including but not limited to ICMP flooding, mail bombing (sending large amounts of e-mail repeatedly to a person for purposes of harassment), mass mailings to multiple addressees, msg/CTCP flooding on IRC, as well as other, less common methods.

3) Attempts to compromise system and/or network security
Programs such as packet sniffers, password crack programs, botnets, d-dosing, and similar utilities found to be running from a user’s account are prohibited. This also includes attempts to hack into non-AB-Hosting systems.

4) Sharing of accounts
Sharing of a user’s account with another party for purposes of avoiding payment for a second account is strictly prohibited.

5) Attempts to bypass resource usage limitations
In order to provide fair service to all AB-Hosting users, AB-Hosting has implemented certain resource limitations, the most common being disk quotas on the servers. Attempts to bypass disk usage quotas by any means may result in immediate loss of system privileges.

6) Prohibited Software
The following software is prohibited from being installed on AB-Hosting servers:
1) Ikonboard
2) Yabb
3) Moveable Type
4) GreyMatter
This list is not complete or comprehensive, addditional software may be added without prior notice. In most cases when an instance of software on this list is found a notice will be sent to the account owner. In some cases issues arising from this scripts may not allow for a timely notification to be sent out. Abuses can result in account suspension.

7) Excessive use of system resources
For system purposes, this can be defined as the continued use of programs or commands which take a large amount of system resources, be that processor time, network bandwidth, and/or drive space on the host system.

8) E-mail Abuse
E-mail abuse typically comes in one of three forms, the transfer of an unsolicited message to individuals (spamming), the sending of harassing and/or threatening messages to other users, and the forging of e-mail addresses so as to make the e-mail appear to be from another user.

9) Usenet order News Abuse
Similar to e-mail abuse, includes forging of addresses, harassment/threats, the posting of the same message to multiple news groups (spamming), as well as the posting of information in groups where it is not relevant and unwanted.

10) Pyramid/Money-Making schemes (MMF, or Make Money Fast Scams)
Such activities as the transfer of information or solicitation of persons via the Internet in attempt to extort money or other valuables or the use of pyramid/chain letters are all illegal, and all prohibited.

11) Pirated Software
Pirated software is defined as the illegal exchange of software via the Internet for purposes of avoiding the purchase of said software by the individuals involved. This includes most commercial applications such as Adobe Photoshop, Illustrator, etc. Such activities are prohibited by Federal law and are thus not allowed in any form on AB-Hosting. Such prohibition also includes the unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources and copyrighted software. The exportation of software or technical information in violation of U.S. export control laws is strictly prohibited.

12) High-Traffic Web sites
Individual accounts on AB-Hosting machines are intended to provide access to individuals only. As most individual pages are fairly low-traffic for the most part, the performance for everybody on the systems is optimal. However, some individuals occasionally choose to put content on their pages that draws a large number of hits to their pages and thus degrade performance for other users’ pages. Due to this, AB-Hosting has had to implement certain limitations on the amount of traffic an individual user’s site can receive. Sites generating an excessive amount of traffic or consuming an excessive amount of resources may be asked to be relocated to a dedicated machine which is better suited to handle such excessive usage.
V. Penalties for Abuse

1. Penalties for account abuse include termination of a user’s account and any applicable legal penalties. The penalties imposed on a user for abuse will vary based on the level of the offense. AB-Hosting will usually give a warning on the first offense, but will terminate the account immediately and without warning if the offense is severe enough. Accounts closed due to Client abuse will not be reopened, nor will a pro-rated refund be given.
It is vital for AB-Hosting to provide a quality service for all OUR Clients, and AB-Hosting will not tolerate those who through their actions hinder us in that endeavor. It is also important for AB-Hosting to have a non-intrusive presence to the rest of the net, and thus prohibited activities that adversely affect users on other service providers and their associated networks. To this end, AB-Hosting reserves the right to modify and/or disable user service at any such time abuse occurs.

2. AB-Hosting will not reimburse users whose service was suspended or disabled due to any of the reasons listed above.

3. All AB-Hosting Clients agree to indemnify and hold AB-Hosting, its officers, directors, employees, agents, subsidiaries, and affiliates harmless from any and all claims and expenses related to the Client’s violation of this Agreement, including any abusive or unlawful behavior on the part of the User or the Client’s dependents, or the infringement of any intellectual property or privacy right of any person or entity.
VI. Additional Policies

A. Due to the explosive growth of the Internet and the constant addition of new services and thus the new possibilities of abuse, AB-Hosting reserves the right to add and enforce new policies as well as modify existing ones without advanced notice.

B. AB-Hosting will not be responsible for lost data in the event that an account was suspended/terminated due to an outstanding balance/ Or if data was lost during a backup. We will do our best to backup files but if they are too high, sometimes data can be lost.

VII. Limitation of Liability

AB-Hosting liability under any circumstances is limited to the current month’s service charge.

VIII. Warranties

AB-Hosting’s service is provided on an as is, as available basis. No warranties, express or implied, including but not limited to those of merchantability or fitness for a particular purpose, are made with respect to AB-Hosting service or any information or software therein. Under no circumstances, including negligence, shall AB-Hosting be liable for any incidental, special, or consequential damages that result from the use of or inability to use AB-Hosting’s service. Nor shall AB-Hosting be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by events beyond AB-Hosting reasonable control, including but not limited to acts of God, communications line failure, theft, destruction, or unauthorized access to AB-Hosting records, programs, or services. In no event shall AB-Hosting total liability for all damages, losses, and causes of action exceed the aggregate dollar amount paid under the agreement.

IX. Billing policies

1. Client acknowledges, agrees and assumes full responsibility for making timely payments for each AB-Hosting account. (Most accounts are billed monthly; other accounts may have different billing periods as arranged with AB-Hosting.) Timely payment includes keeping account and billing information current for all of Client’s accounts. Clients who pay via credit card must provide AB-Hosting with their full name, billing address, credit card number and expiration date. It is the Client’s responsibilities to timely notify AB-Hosting of any changes in the Client’s credit card account. In addition AB-Hosting may at any time require additional proof of identification in order to enhance and protect the privacy of our Clients.

2. AB-Hosting reserves the right to cancel any Client account without notice due to non-payment. In the event that Client fails to timely make full payment of each invoice, AB-Hosting reserves the right to charge interest, late fees and/or reactivation charges on the delinquent Client’s account.

3. In the event of cancellation by the Client, Client must contact AB-Hosting in one of the following manners: 1) via support ticket at our help desk located at http://www.ab-hosting.com/helpdesk with the subject ‘Account Cancellation’;
4.!!NON-USAGE OF AN ACCOUNT IS NOT PROOF OF CANCELLATION OF SERVICE!!. Clients are responsible for full payment on all accounts whether or not the account is ever utilized.

5. Any billing discrepancies shall be presented to AB-Hosting in reasonable detail, in writing, within ten (10) days of the date of the charge. Such notification shall not relieve the Client of the obligation to make all payments including the amounts disputed by the due date. AB-Hosting shall not be obligated to consider any Client notice of billing discrepancies that are received by AB-Hosting more than ten (10) days following the date of the invoice in question. If a Client fails to dispute any charge after ten (10) days from the date of the charge, Client waives its rights to thereafter make any such dispute and all such charges will be deemed valid.

6. In the event that a Client pre-pays for their account, any discounts given by AB-Hosting for such payment plans are calculated that the Client is paying for the regular months of service and getting additional months at the END of the service term at a discount. In the event that a Client cancels their service within a year, such Clients are no longer entitled to any discounts.

7. AB-Hosting makes no Warranties as to the availability or right to use of any Login name, E-mail Address, or Web Page Address. Login names, E-mail Addresses, and Web Page Addresses are NOT confirmed at the time of sign-up of any Client. AB-Hosting will not refund any charges for reprinting of stationary or any other losses incurred.

8. AB-Hosting makes no warranties express or implied as to the accuracy of billing, or the quality of services provided or to the warranty of merchantability or to fitness for a particular purpose.

9. Client agrees that at the end of the term of the account initially agreed to by Client or any term thereafter, AB-Hosting may, at its sole discretion, automatically renew such account for an additional term. Client further agrees that upon renewal of such account, AB-Hosting may continue to charge Client’s credit card or seek other form of payment from Client, for which Client shall be responsible. In the event that Client does not wish AB-Hosting to automatically renew such account, it is the Client’s sole responsibility to notify AB-Hosting following the account termination procedures outlined in Section IX Billing Policies.

10. In the event the Client has an invoice older than 15 days, the account is subject to suspension. Full payment of all outstanding invoices and applicable restoration fees are required to reinstate the account. After suspension, AB-Hosting must receive a written or verbal response or payment in full within 15 days or the account will be terminated and placed into collections.

11. In the event that an account was placed into collections, the entire balance plus reinstatement fees and an administrative fee not to exceed $250.00 must be paid prior to account re-activation.

12. All policies stated herein are subject to change at AB-Hosting sole discretion. Client shall be responsible for adhering to any new policies implemented by AB-Hosting.

13. When you cancel your paypal or 2checkout subscription your VPS Server, Reseller Hosting, and or Shared Hosting Account Gets terminated, and removed from our servers immediately. When you cancel subscription you cancel your service, and contract with us immediately.

X. Reseller Accounts

 

A Reseller in this section refers to any individual, company or entity that resells or provides for free any and/or all AB-Hosting hosting services to any other individual, company or entity. This section does not absolve AB-Hosting Resellers of any of the provisions set forth previously in Section IX Billing Policies.

In order to protect and safeguard the contents of any client accounts of AB-Hosting Resellers, the following guidelines will apply. Every reasonable effort will be made to contact any AB-Hosting Reseller that defaults on their payments. In the event any Reseller of AB-Hosting hosting becomes unresponsive to payment requests, the following procedures will be executed.

1) After 30 days late the clients of the Reseller will be contacted in an effort to obtain any new or additional contact information for the Reseller. The domain of the Reseller will be suspended at this time.

2) After 15 additional days (total of 45 days delinquent) all clients of the Reseller will be contacted and informed that there has been no contact with the Reseller for 45 days and the Reseller account they are currently using will be terminated.The clients of the Reseller will be given the following options.

A) Remain on the AB-Hosting hosting servers at the rate specified by the Reseller for a total of 3 months. (inclusive of total number of days of payment deliquency)

B) At the end of the 3 month period, Clients will be switched to the standard AB-Hosting billing and payment methods.

C) Clients may choose to locate a new hosting provider.

3) In the event that there is a verifiable emergency causing the Reseller’s absence and full payment including arrears and any penalties have been received, the Reseller’s account will be reinstated and every effort will be made to return any remaining clients to that account.
XI. Privacy

1) AB-Hosting respects your privacy and we do not sell or provide any client information for any commercial or private interests.

 

 

Any False Claims Made On Us/ False Negative Comments made on any internet site/ forum on the internet will result in immediate termination of services with us! All your data will be lost.

 

SITE MIGRATION: We will transfer up to 5 sites for a client for free on Cpanel ( If current host they use also uses cpanel). After 5 sites, any more cpanel migrations of sites will cost a fee of $5 per Additional Site!

 

 

OS Reinstall: We offer one free OS Reinstall. After that anymore OS Reinstall Will Cost a $20 Fee

 

Life Time Deals means you keep the special price for as long as you remain a customer, and or as long as we provide the service. Life Time Offers do not mean we will provide the services for life but that the price/ special will remain same monthly/yearly  for you for as long as we are in service!

 

( Server Abuse)

Overloading Server: If you overload the Server, and use too much CPU/ Memory your account will automatically by the server system be limited. Please remember your in a shared environment and what you do can cause harm to others peoples sites, and how they operate. Person’s who consume too much CPU/ Ram Will be Offered to upgrade to our VPS Servers in order to balance things. If not agree’d customer can find another hosting provider. WE DO NOT offer refunds for customers that overload the server if they have been a customer for more then 30 days, and this goes for the Titanium Life Time Reseller, and the Titanium Annual Reseller, and any other web hosting plan we offer!!

 

 

 

 

NOTE: Changes to the TOS

AB-Hosting reserves the right to change its policies at any time without notice.

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