ABHost Terms of Service
By using any services offered by ABHost and its providers you agree to the following Terms of Service:
1. If you do not agree to these Terms of Service, you must cancel your account immediately and not use or attempt to use our services. You may not assign, sub-license or transfer any rights or obligations of our services without the express written consent of ABHost. A violation of these Terms of Service by anyone using your account will be treated as a violation by you.
2. ABHost charges both one time and recurring fees for many of our services. We will charges fees, if your use of our services causes us to incur additional time or expenses. For example, but not limited to, fees to process complaints of your use of our services , or fees for manually forwarding e-mails to you that were sent to us. We will charge a fee for each payment charged-back by payment card issuer. We may charge a fee each month for overdue amounts due to us of 1.5%.
3. We may suspend your service if your invoice is past due. If you fail to pay any invoice within 60 days after your invoice is due and do not make other arrangements with us, we may without further notice terminate your account and delete your files. If your account is past due and your domain name no longer points to our services, we may without further notice terminate your account and delete your files. Termination does not remove your responsibility to pay all fees incurred up to the date that ABHost terminates your account. If ABHost incurs any fees or costs in collecting any past-due amounts, including costs of attorneys or a collection bureau, those fees and costs will be added to the amount you owe.
4. Services are provided on a period to period basis. Invoices for the next period are generated about five days before the end of the current period. We must receive notice of your intent to cancel our services at least six business days before the end of the current period to prevent you being invoiced for the next period. Refunds of prepaid fees or automatic payments, if allowed, will be subject to a fee.
5. You agree to comply with these Terms of Service, as well as the applicable rules, regulations and policies of any network, bulletin board, newsgroups, web site or Internet Service Provider accessed through our services. Any violation of our Terms of Service or other rules, regulations or policies noted above may serve as cause for ABHost to suspend or terminate your service. You agree that ABHost has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following incursions.
a. Using our services in a way which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law);
b. Using our services in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail ("spamming");
c. Using our services in an attempt to breach security, or so as to actually breach security of any computer network (including our services), or to access an account, message, or file which does not belong to you;
d. Using our services in such a way as to forge or misrepresent headers, addresses, or other identification in electronic mail or USENET postings, or using any other method to disguise the senders identity or location;
e. Excessively using our services in such a way as to limit the bandwidth available to others;
f. Posting commercial messages to an USENET group where the posting is not approved by the specific USENET group;
g. Using our services to operate server programs, including, but not limited to mail servers, IRC servers including IRC clients and IRC scripts of any kind;
h. Using our services to promote or solicit competing Internet services;
i. Using our services for unauthorized relays through any third party systems;
j. Attempting, in any way, to interfere with or deny service to any user or any host on the Internet;
k. Using our services for mail-bombing, which includes any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional;
l. Using our services to add or attempt to add addresses to any mailing list (yours or a third party's) without the explicit positive consent of the addressee(s);
m. Using our services to forward or post "chain letters" (multiple forwarding) of any type;
n. Attempting to cancel, supersede, or otherwise interfere with e-mail or USENET posts other than your own;
o. Engaging in harassment, whether through language, frequency, or size of messages;
p. Using our services to engage in syn flood attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effective impedes or totally disables functionality of the recipient system(s), or any other methods of denial-of-service attacks; or,
q. Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.
No credits will be given for a period of suspension. In the event of the termination of your use of our services under this section, we may at our sole discretion retain any or all amounts you have paid for use of our services as liquidated damages for your actions.
6. You agree to notify Abhost as soon as you become aware of any unauthorized use of your account and/or any breach or attempted breach of security regarding our services.
7. ABHost does not undertake to examine or review messages, files, or other materials which are accessible through, pass through, or reside on our services. In compliance with the Federal Digital Millennium Copyright Act ABHost.Net has designated firstname.lastname@example.org as the address to receive complaints about alleged copyright infringement taking place on ABHost's facilities. To avail yourself of the protections of the Digital Millennium Copyright Act, if you believe that your copyright(s) is being infringed by means of material hosted on ABHost's facilities, you need to provide a signed notice in writing to email@example.com, continuing a specific identification of the allegedly infringing material and the location(s) on ABHost's facilities where the materials are to be found. Upon receipt of such written notice, ABHost will expeditiously remove or block access to the allegedly infringing material, and provide notice to the person who had posted that material. If ABHost receives a notification from that person indicating that the claim of infringement was based upon mistake or misidentification, ABHost will send you a copy of that notification. Unless you notify ABHost of appropriate court action to restrain the alleged infringement, the challenged material will then be restored or otherwise made accessible again.
8. Liability. You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by ABHost, neither ABHost nor any of its affiliate’s controls, provides, operates, or is in any way responsible for any information, products, or services accessible through our services. ABHost neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that ABHost is not responsible for any loss or damage caused by your use of, or reliance on, such material(s).
You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroups on the Internet, including but not limited to postings to Web sites, whether residing on ABHost's equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless ABHost and its officers, directors, employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.
You agree that, should you use our services to send or receive voice communications, ABHost is not acting as a telecommunications carrier or telephone company, that there is no representation made by ABHost as to the suitability of the Service for such use, and that all risk of connection, transmission quality, and accuracy of communications is solely on you, and that ABHost has no liability of any sort for the failure or lack of quality of such use of our services.
You agree to be liable for any damages or loss of service which results in damages to ABHost as a result of any spamming or other violations of Section 5 above. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that ABHost may pursue any such claims against you in any State of Washington or Federal court.
You agree that in no event will ABHost have a financial liability to you in excess of the dollar amount remaining on your current service period, or $20, whichever is greater.
9. Warranty. ABHost MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE, REGARDLESS OF WHAT YOU MAY HAVE TOLD ABHost ABOUT YOUR INTENDED USE OF THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY ABHost OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR OTHERWISE ALTER THE PROVISIONS OF THIS SECTION.
THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY ABHost ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS; ABHost DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. ABHost DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE SERVICE.
10. Content. You understand and agree that information and access available through our services may include controversial content or may be offensive to you or users for whom you are responsible. ABHost has no responsibility for or control over such materials, and you take sole responsibility for using any available screening software or other methods of limiting access (specifically including the access of minors) to any objectionable material.
11. Privacy. ABHost commits to follow the controlling Federal and state laws respecting Subscriber privacy and data access. ABHost will not provide names, addresses, telephone numbers, e-mail addresses, or other personally identifiable information on any subscriber to any third party without prior permission from that subscriber, or as required under an appropriate court or administrative directive, including a facially valid subpoena, or as necessary to render our services.
12. Disputes. You agree that any dispute between you and ABHost arising out of your use of our services in any way based upon your use of our services which cannot be resolved between you and ABHost will be submitted by the aggrieved party for binding arbitration under the auspices of the American Arbitration Association. Any demand for arbitration under this Section must be filed with the American Arbitration Association's office in Seattle, Washington. The arbitration must be held in Seattle, Washington, and the arbitrator must be a person with experience in online services operation.
13. Governing Law. These Terms and Policies are governed in all respects under the laws of the State of Washington in King County.
14. Amendments. These Terms and Policies may be amended in any respect at any time by ABHost upon the posting of the amended Terms of Service on our web site. Your continued use of our services will be deemed consent to any such amended Terms of Service. If you do not wish to continue to use our services as a result of any such amendments, you may provide notice of your wish to cancel your use of our services to firstname.lastname@example.org and forfeit your remaining service without refund.
15. Domain Registration Agreement is included with there terms of service by reference Exhibit A: Registration Agreement
Revised Novermber 18, 2016
Friday, November 18, 2016