ACCEPTABLE USE POLICY
This Acceptable Use Policy constitutes an Agreement between A1DotComs and it's
account holders ("Customers") and System Users. This Agreement applies to
all A1DotComs Customers and all users of A1DotComs servers, including
FTP access account holders and all users accessing any World Wide Web server
hosted on A1DotComs servers and related systems ("System Users"). This
Agreement represents the complete agreement and understanding between A1DotComs Hosting
and its Customers and System Users and supersedes any other written or
oral agreement. Upon notice published on-line via A1DotComs web site, (http://www.a1dotcoms.com) A1DotComs Hosting
may modify the terms and conditions of this Agreement. A1DotComs reserves
the right to discontinue or change services offered.
USE OF YOUR ACCOUNT CONSTITUTES YOUR APPROVAL AND ACCEPTANCE
OF THIS AGREEMENT. ACCEPTANCE OF THIS AGREEMENT IS A CONDITION TO USE OF
THE A1DotComs SYSTEM AND OR A1DotComs UPSTREAM PROVIDERS.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT
PERMITTED TO USE THE A1DotComs SYSTEM. IF YOU ARE AN ACCOUNT CUSTOMER,
PLEASE NOTIFY OUR BILLING DEPARTMENT AT 231.995.9501 SO WE CAN INITIATE
CLOSURE OF YOUR ACCESS ACCOUNT.
Terms and Conditions and Acceptable Use
- Limitation of Warranty
A1DotComs makes no warranties of any kind, whether express or
implied, for the service it is providing. A1DotComs also disclaims any
warranty of merchantability or fitness for a particular purpose. A1DotComs
will not be responsible for damages suffered by any Customer, including, without
limitation, incidental or consequential damages or lost profits. This includes
loss of data resulting from delays, non-deliveries, misdeliveries, system
failures or service interruptions caused by any source whatsoever, including
A1DotComs's own negligence, subscriber's errors or omissions, or due to the
fault of third parties. Customers understand and agree that A1DotComs
undertakes no obligation to maintain, protect or safeguard Customer's data
stored on any A1DotComs equipment and Customer agrees to accept
responsibility for maintaining backup copies of all such data. Customer agrees
to upload and store data to A1DotComs equipment at Customer's own risk and
Customer expressly assumes such risk.
- Compliance with Law and Intellectual Property Rights
Customers and System Users agree that all services provided
by A1DotComs will be used only for proper legal purposes and in a lawful
manner. Transmission or publication of any information, data or material in
violation of any U.S., State or international law or regulation is strictly
prohibited. This includes, but is not limited to, material protected by
copyright, trademark, trade secret law or any other law, as well as threatening,
offensive, harassing, obscene or pornographic material or content. Customers and
System Users warrant that any data uploaded for publication on A1DotComs's
web servers does not violate or infringe any copyright , trademark, patent,
statutory common law or proprietary interest of others or contain anything
obscene or libelous.
- Removal and Destruction of Illegal or Offensive Data
Customers and System Users agree that A1DotComs shall have the
absolute right to remove any and all materials which, in the sole and
unrestricted discretion of A1DotComs, violate law or fail to conform with
this Agreement and the acceptable uses described herein. Such materials may be
removed and destroyed at any time, without prior notice.
Customers and System Users agree to defend, hold harmless and
expeditiously indemnify A1DotComs from any liability, claim, loss, damage or
expense arising out of the Customer's or System User's breach or violation of
any term, condition or covenant contained in this Agreement or resulting from
the use of any A1DotComs system, network or service.
- Use of Network Access
A1DotComs web server accounts cannot be transferred or used by
anyone other than the A1DotComs Customers or authorized System Users.
Customers and System Users may not sell, lease, rent or assign an Internet
connection or parts of the connection to any party without the express, prior
written approval of A1DotComs. Use of Network bandwidth is expected to be
reasonable and moderate. A1DotComs reserves the right to imposs additional
charges for use of Network bandwidth in excess of reasonable or allocated
amounts. Customer will recieve advanced notice of A1DotComs's intent to
impose any such charges.
- Account Cancellation
A1DotComs reserves the right to cancel service for any reason
without prior notice. In case of cancellation, unused fees for the current month
will not be refunded or pro-rated. Customers must notify A1DotComs in
writing to cancel service. Customers cancelling service during the money back
guarantee period (within 30 days of initial signup) will have their monthly
service fee fully refunded. To cancel an account you may fax the request to :
231-995-9501 or send via Mail to :
1030 Hastings Steet, Suite
Traverse City, MI 49686
Account cancellation does not
remove the customer responsibility of domain name payment to Network Solutions.
If A1DotComs receives a collection notice from Network Solutions for a
domain name, the customer will be charged the $70 registration fee + a $30
service charge and forfeit their use of the domain name.
- Agreements with Minors
A1DotComs requires that its agreements be made with a person
who is qualified to contract. As such, Customers must be over the age of
eighteen (18) years. Otherwise, a parent or guardian must accept this agreement
and assume responsibility for payment of A1DotComs services and for
Customer's compliance with this Agreement.
- Disruption of Network Services, Excessive Use
Customers and System Users shall ensure that use of Wired
Hosting's network services shall not disrupt A1DotComs, its associated
networks or equipment forming part of A1DotComs's or the internet's systems.
Customers and System Users shall not transmit any communication where the
meaning of the message, or its transmission or distribution, would violate any
applicable law or regulation or would likely be offensive to the recipient
thereof. No message may be mass distributed, "broadcast," or otherwise sent on
an intrusive basis to any A1DotComs user or to any directly or indirectly
attached network. Use of A1DotComs's Internet connection in a manner that is
disruptive, damaging, unlawful, offensive, or intrusive as determined by Wired
Hosting shall be considered a breach of this Agreement and may result in
cancellation of service. It is not acceptable to use A1DotComs's services
and facilities to interfere with or disrupt other network users, services or
equipment. Such interference or disruption includes, but is not limited to: -
improper, harassing or offensive distribution of unsolicited advertising, -
excessive newsgroup cross-posting, - transmissions of any type or quantity that
causes disruption of service to others, - propagation of computer worms or
viruses, - use of the network to make unauthorized entry to other computer
networks, information or communications devices or resources, - sustained,
excessive use of A1DotComs's equipment or network connection without prior
arrangement with A1DotComs.
- Automated Software and Connections
The installation, compiling, use, or implementation of any of the
following are prohibited without express permission: Robots, Bots, Mail Bombs,
Syn Bombs or Attacks, Spamming of any kind, etc. Any process that causes
excessive use of system resources to the point where other users may be affected
is strictly prohibited. Software may not be installed on or compiled on
any A1DotComs server without prior explicit permission. The use of any
unattended connection software is prohibited without prior permission. Any
violation may result in immediate termination of service.
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