TERMS OF SERVICE
Acceptable Use Policy & Terms of Service
The following is the entire Acceptable User Policy (“AUP”) agreement between ABS Hosting (“ABS Hosting”) and the personal or corporate account holder (“YOU/YOUR/Customer”). ABS Hosting provides World Wide Web Hosting, Marketing, and Development. ABS Hosting has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services. ABS Hosting general policy is to act as a provider of Internet presence. ABS Hosting reserves the rights to suspend or cancel a customer’s access to any or all services provided by ABS Hosting when we decide that the account has been inappropriately used.
The TOS apply to all Services provided by ABS Hosting to you throughout the entire Term or Renewal Term. All customers should agree on all terms and conditions stated prior to their signing up for any of the hosting plans and services mentioned on ABS Hosting. You shall agree to use only licensed and legal third party software in connection with your use of our services. ABS Hosting reserves the right to suspend or cancel a customer’s access to any or all services provided, at any time, or when ABS Hosting decides that the account has been inappropriately used or otherwise.
ABS Hosting reserves the right to refuse service and/or access to its servers to anyone. The services provided by us must be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law or regulation is prohibited.
The activities listed below are meant to provide you with examples of activities and content that are strictly prohibited. Topsites, ponzi or pyramid schemes, e-gold, proxy, bots, spam bots, mail bombers, port scanners, IP scanners, mail harvesting scripts, brute force scripts, banner rotators, file dumps, , sales of illegal pharma, drugs, explosives, anonymous or bulk SMS gateways, malware, warez, phishing materials, gambling, illegal downloads, pirated software distributions, escrow, adult thumbnail galleries/banner exchanges, streaming or broadcasting of live copyrighted events, Websites promoting illegal activities or linking to other websites that promote illegal activities, Website content that promotes or advocates human trafficking in any way shape or form as determined by ABS Hosting’s sole discretion, sites that promote prostitution, or escort services. Any website found to host child pornography, link to child pornography or exploitative content will be suspended immediately without notice or warning. The designation of “adult material” is left entirely to the discretion of ABS Hosting. Embedding or uploading audio/video/high resolution images on website or linking to other websites that promotes audio/video/high resolution images. Illegal Material – This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading. Warez – This includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above. It also includes any sites which provide “links to” or “how to” information about such material. Games – We strictly do not allow hosting any kind of games on our servers. Your hosting account would be immediately terminated if we found any gaming related stuff in your hosting account. IRC Hosts – Hosting an IRC server that is part of or connected to another IRC network or server or have a connection to an IRC network. Servers or Virtual hosting accounts, found to be connecting to or part of these networks will be immediately removed from our network without notice. The server would not be reconnected to the network until such time that you agree to completely remove any and all traces of the IRC server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation would result in immediate account termination. ABS Hosting reserves the right to deem any other content or literature as “prohibited” if found to be indecent, rude, hate content & generally unacceptable.
Refer General Acceptable Use Policy for complete details on prohibited content and activities.
In compliance with DMCA act, ABS Hosting has adopted procedures for parties who believe that a hosted site on our service is infringing their copyrights. All copyright complaints must be submitted to firstname.lastname@example.org
If the customer fails to complete the account verification process then no refund would be provided to such customers under any circumstances.
What do “free disk space, data transfer, and email storage” mean?
It’s pretty straightforward: Customers who use ABS Hosting can obtain free disk space, data transfer, and email storage if they use their services consistently with these paragraphs.
What is appropriate usage?
ABS Hosting is designed to serve the web hosting needs of small, independently owned and operated businesses in a single country. It is not appropriate to use our services to support large enterprises or internationally based businesses with a sustained demand that places undue burden on our systems or negatively impacts use by small, independently owned and operated businesses. ABS Hosting is a shared web hosting service, which means that a number of customers’ web sites and other email or storage services are hosted from the same server. ABS Hosting uses abuse controls to help ensure that use of our services does not adversely affect the performance of our system or other customers’ sites. It is not appropriate to use an account primarily as an online storage space or for archiving electronic files.
If you use your services consistently with the Terms of Service and these paragraphs, your site can grow as large as necessary to meet your small business needs, but to ensure a great experience for all, we will place some constraints on how fast you can grow. The vast majority of our customers’ sites grow at rates well within our rules, but our abuse controls may cause a brief delay while we evaluate if expansion is appropriate.
In most cases, if you use our services consistently with the Terms of Service and these paragraphs, visitors to your web site will be able to download and view as much content from your site as they like. However, in certain circumstances, our server processing power, server memory, or abuse controls could limit downloads from your site. You can also upload as much as content as you like each month, subject only to the Terms of Service and the rules that control how fast your site can grow (see above).
You do not have to worry about hitting a storage limit if you use our services consistently with the Terms of Service and these paragraphs. ABS Hosting will increase your space along with your appropriate small business needs, but our abuse controls may impact the rate of growth or your folder size, and there may be a short delay while we assess your usage. In some cases, creating additional folders or subfolders will help ensure that the system works well for everyone.
Any attempt to undermine or cause harm to a server or customer of ABS Hosting is strictly prohibited. ABS Hosting will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “Internet scamming” (tricking other people into releasing their passwords), password theft, security hole scanning, etc. Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to ABS Hosting, will result in action against YOU. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action, depending on the seriousness of the attack.
ABS Hosting has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below. YOU may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by ABS Hosting to be unacceptable use of our services including abuse of server resources.
Web Applications and Web Accessible Scripts
All web applications that are out of-date and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness. Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18- years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
Your use of the Services is at your sole risk. You agree to back-up all of your User Content so that you can access and use it when needed. ABS Hosting does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content. You as an ABS Hosting User agree that in no case, ABS Hosting can be held responsible for the loss of data in any circumstances. Clients who have subscribed for paid backup service with shared hosting plans. For such clients, we take daily backup of database with retention period of 7 days. Website backup will be taken weekly with retention period of 1 day. Any backup copy maintained by ABS Hosting will not have any emails or media file included in it. Clients using cPanel Backup Manager tool for backups should download the backup from the server and delete it. On every Sunday, all the backup files are removed from the server without any notification. You are not allowed to use the hosting space to store backups.
Any service interruptions or downtime due to scheduled maintenance by ABS Hosting or our network providers will not count towards the uptime guarantee. ABS Hosting is not liable in any way for failure of third party services.
ABS Hosting will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
You are responsible for any misuse of your account therefore; you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server. Your password provides access to your account. It is your responsibility to keep your password secure. Sharing your password and account access with unauthorized users is not recommended. You should take care and prevent others from using your account since you will be responsible for the consequences. Attempting to obtain another user’s account password is strictly prohibited, and will result in termination of service. You must adopt adequate security measures to prevent or minimize unauthorized use of your account. You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. You may not attempt to interfere with service to any user, host or network (“denial of service attacks”). This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host. Users who violate systems or network security may incur criminal or civil liability. ABS Hosting will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
If paying via credit card, debit card, net banking, PayPal the account will be setup immediately once the payment is confirmed. If paying by a cheque, please allow 5 days for the cheque to clear. The 30 day money back guarantee is only applicable for first-time signups. Second time and subsequent sign-ups are not eligible for the same. For instance, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. Refund is not applicable on Domain registration/transfer/renewal, cPanel, Plesk, LiteSpeed, Softaculous, Cloud, VPS, Dedicated Server, Paid Support, SSL Certificates, Sitelock, SpamExperts, Windows OS and any other paid licenses. The modifications done in pricing pattern or policy by the software license company will take effect immediately on ABS Hosting clients. The money back guarantee is provided on Web hosting, WordPress Hosting, and Cloud hosting. No refund will be made if your Service(s) are suspended or terminated for cause. There is limitation of every hosting platform. On an OpenVZ VPS, GUI is not supported and it won’t be possible to upgrade the kernel or change BIOS setting. Kernel upgrade is possible on KVM Cloud instances but you cannot change the BIOS settings. You won’t be eligible for refund in such cases. The refund will not cover any kind of taxes, setup fees, refund processing fee, postal charges or any kind of payment processing charges or bank fee(s). There will be no refunds issued in case the web hosting account was involved in violation of our terms of service or any kind of illegal or system resources over-usages or after 30 days period or beyond coverage of our refund policy as noted here. If the web hosting service includes free domain name, and you cancel the web hosting service, the domain charges (standard rate as per website) would be deducted from the refund amount. If the refund amount is less than the domain name price, you will have to pay the difference or forfeit the domain. The ownership of the domain will remain with ABS Hosting if you fail to pay the difference amount. Transfer fees would be applicable, if you wish to transfer the free domain name to some other provider. Without transfer fees the domain will not be released. The payments made through bank transfer, cheque, money order, cash deposit, DD are non-refundable. Refund will be added as credit to the hosting account. The refund request placed after 30 days will not be processed and you will not be eligible for any refund. The cancellation request should be sent through client area. After sending the cancellation request, it would take 5 – 7 working days to complete the refund process.
Storage Space Abuse
ABS Hosting will not tolerate any form of storage space abuse. At least 90% of YOUR web pages (“HTML”) must be ‘linked’ with files (GIF, JPEG, etc.) stored on ABS Hosting servers. Website that are found to contain either/or no HTML documents, a large number of unlinked files are subject to files deletion or account cancelation at the discretion of ABS Hosting Management (“MANAGEMENT”), with or without prior notice. If YOU do not qualify for the free service, disk space will go unmonitored until YOU reach the amount allocated to YOUR specific web hosting plan (“PLAN”). Thereafter, normal website data storage costs $0.20/1MB/month will be billed to YOUR account. If you want to pre-pay for disk space overages, you will be billed $0.10/1MB/month. YOU will have 3 days to pay for your overages. Failure to do so will result in YOUR website being disabled within 3 days of YOUR first notice. This does not apply to co-location clients. Co-location clients will be billed for the overages based on switch reports. Co-location clients must pay for the overages IMMEDIATELY once billing or ABS Hosting has the sole decision to deactivate any and all servers. ABS Hosting will be the sole arbiter as to what constitutes a violation of this provision.
The intention of ABS Hosting is to provide a large bandwidth to transfer web documents, and not an offsite storage area for electronic files. If YOU violate this condition, YOU will be notified and given 48 hours to remedy the problem. Failure to do so will result in YOU being billed for the overages. If YOU do not qualify for the free service, traffic will go unmonitored until YOU reach the amount of quota allocated to YOUR specific PLAN. Thereafter, normal data transfer cost of $10.00/1GB/month will be billed to YOUR account. If YOU want to pre-pay for bandwidth overages, YOU will be billed $5.00/1GB/month. YOU will have 3 days to pay for your overages. Failure to do so will result in YOUR website being disabled within 3 days of YOUR first notice. This does not apply to co-location clients. Co-location clients will be billed for the overages based on switch reports. Co-location clients must pay for the overages IMMEDIATELY once billing or ABS Hosting has the sole decision to deactivate any and all servers. ABS Hosting will be the sole arbiter as to what constitutes a violation of this provision.
Unmetered Web Hosting
How much disk space and bandwidth will my plan include?
Disk space and bandwidth is “Unmetered” which means you are not charged according to the amount of disk space or bandwidth you use.
However, that being said, we do require all customers to be fully compliant with our Terms of Service and to only utilize disk space and bandwidth in the normal operation of a personal or small business website.
For example, customers who are using 25% or more of system resources for longer than 90 seconds would be in violation of our Terms of Service. Please see our Terms of Service or contact us with any questions.
What happens if I exceed usage?
If we have concerns about your account’s bandwidth or disk space utilization, you will receive an email asking you to reduce usage.
Again, it is very rare for a customer who is managing a personal or small business website to exceed our usage policies.
Unsolicited Email & Spamming
Unsolicited commercial advertisements (“SPAM”) are not allowed in e-mail, and will likely result in account cancelation. ABS Hosting takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, we will charge YOU up to $25 per unsolicited email message sent and delete YOUR account with any prior notice. The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers any domain sending stealth spam will be terminated without warning and without refund.
Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account (“mail bombing”); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing list’s charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages.
If YOU use the services of another provider to promote a website hosted by or through ABS Hosting (“spamvertising”), then the provisions of the above policy shall apply as if the SPAM were sent through our servers. 99.99% UPTIME GUARANTEE
(1.) Coverage – This 99.99% uptime guarantee applies to any Customer in good financial standing with ABS Hosting at the time of a service outage.
(2.) Service Level Agreement (“Sla”) & Specifications – ABS Hosting endeavors to have the content of YOUR website available for http access by any party in the world 99.99% of the time. Network downtime (“unavailability”) is defined as 100% packet loss from ABS Hosting to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via ABS Hosting’s online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the ABS Hosting NOC. ABS Hosting’s administrators will determine the end of the downtime by a trace route to YOUR machine from outside the ABS Hosting network.
(3a.) Shared Hosting Credits – In the event that YOUR website is unavailable for less than 100%, ABS Hosting will credit the following month’s service fee as follows. YOUR credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month.
Monthly Uptime Credit:
- 95% to 99.9% – YOUR account will be credited 10% of your monthly hosting fee
- 90% to 94.9% – YOUR account will be credited 20% of your monthly hosting fee
- 9% or below – YOUR account will be credited 50% of your monthly hosting fee (3b.)
(3b) Manage Dedicated Servers – For managed dedicated server Customers, if the uptime is between 98.9% and 99.9% for any particular month, credit shall be retroactive and equivalent to the difference between the guaranteed level of availability of the Customer’s services during the month and the calculated actual level of availability of the Customer’s services, multiplied by the actual charges incurred by YOU for the services during that monthly period. In addition, for managed dedicated servers, YOU may be entitled to additional credits as calculated below measured 24-hours a day in a calendar month, with the maximum credit not to exceeding 25% of the monthly service charge for the affected month. In order for YOU to receive a credit on YOUR account, YOU must request such credit within seven (7) days after YOU experienced the downtime. You must request credit by sending an email message to email@example.com. For security, the body of this message must contain YOUR account number, the dates and times of the unavailability of YOUR website, and such other customer identification requested by ABS Hosting. Credits will usually be applied within sixty (60) days of YOUR credit request. Credit to YOUR account shall be YOUR sole and exclusive remedy in the event of an outage.
(4.) Restrictions – Credit shall not be provided to YOU in the event that you have any outage resulting from:
- scheduled maintenance as posted from time to time at ABS Hosting,
- your behavior or the performance or failure of your equipment, facilities or applications,
- circumstances beyond ABS Hosting’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site,
- YOU breaking any agreement policy in ABS Hosting’s “Terms & Conditions and AUP” causing a machine to fail as a result.
Technical Support Boundaries
ABS Hosting provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues. However, in under no circumstances is ABS Hosting neither obligated to help YOU in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by YOU previously. We will only provide assistance in making sure any EasyApps applications that are installed through the cPanel control panel interface are installed as directed.
Each shared web hosting account comes with its own CGI-BIN. YOU are free to use any CGI scripts YOU wish, however we reserve the rights to disable any CGI script that effects normal shared server operation without prior notice. (this section does not apply to managed dedicated servers)
We do not allow YOU to install YOUR own chat rooms within a shared hosting account, without approving it with ABS Hosting. This includes, but not limited to, chat applications written in PHP, Perl, CGI, Python, Ruby, etc. Any web application that provides ‘real-time’ chat is also not permitted. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, web based forums such as vBulletin, phpBB or similar forum scripts are acceptable.
ABS Hosting installed and provides special file-servers in our network infrastructure for YOUR benefit as a means of storage for electronic files and applications that are not dynamically generated and is downloadable in nature. Files such as MP3, AVI, MID, MIDI, MPG, MPEG, MOV, ZIP, RAR, EXE and anything else we deemed as downloadable and not dynamically generated scripting languages are to be stored within these file-servers, away from the webservers. This Policy does not apply for image files formats such as JPG, JPEG, GIF, PNG, and BMP. In addition, all electronic files stored within ABS Hosting’s file-servers must be legally owned and be accompanied with a valid license and/or copyright. These include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion without any further notifications. File-servers will not be backed up. YOU are advised to have YOUR own backup locally or elsewhere other than within the ABS Hosting’s servers. If YOU are found to not adhere to this Policy, the offending material(s) will be deleted from YOUR hosting account without any prior notice. This service is only available for ABS Hosting’s SHARED-HOSTING customers.
SMTP Mail Server Abuse
We do not allow YOU to send outbound mail to more than 20 recipients at any one given time and/or more than 1,000 pieces of e-mail per day from a shared hosting account with a maximum file size of 20MB per email message. If YOU violate ABS Hosting policies persistently in email activities, YOUR account will be suspended and deleted.
Background Running Programs
We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. (This section does not apply to manage dedicated servers).
We currently do not allow IRC or IRC bots to be operated on our servers. IRC servers are not permitted on our network. YOU can however; install IRC clients on managed dedicated servers. The installation and/or execution of a script and/or binary that runs in the background or listens to any given port are also strictly prohibited.
All accounts are set up on a pre-pay basis. Setup fees are free charge for all new accounts as well as major account changes . All pricing is guaranteed for the term of prepayment. ABS Hosting reserves the right to change prices at any time unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notify ABS Hosting to request for termination of services. All payment is in U.S. currency. ABS Hosting will bill each client $50 per returned check, per wire transfer received and per credit card chargeback received. All ABS Hosting accounts are setup on anniversary billing cycles. YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle during a current cycle, there will be a $50.00 fee. Please contact the billing department at firstname.lastname@example.org Hosting should you wish to change your anniversary billing cycle.
- Fees Due. You will pay to ABS Hosting all fees dues charges for the Services set forth in the registration form presented to you at the time you order the Services. All fees are non-refundable when paid except as otherwise provided herein. All invoices must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding for more than ten (10) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, ABS Hosting may suspend or terminate your account and pursue the collection costs incurred by ABS Hosting, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. ABS Hosting will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
- Pricing. ABS Hosting may change our prices from time to time. ABS Hosting may increase the fees for the Services (i) as permitted in the applicable Service description published on the ABS Hosting website or in a promotional offer (collectively, the “Service Description”), and (ii) at any time on or after the expiration of the Initial Term by providing at least thirty (30) days prior written notice to you. Written notice may be in the form of (i) notices and updates provided through the Subscriber billing tool provided as part of the Services, (ii) notices and updates otherwise provided through the Services, or (iii) pricing notifications for renewal terms sent via email. It is your sole responsibility to periodically review all billing-related information provided by ABS Hosting through the Subscriber billing tool or other methods of communications and notices sent or posted by ABS Hosting.
- Taxes. The advertised fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services provided hereunder. All such taxes may be added to ABS Hosting’s invoices for the fees as separate charges to be paid by you.
- Add-On Services. If you purchase certain add-on services from ABS Hosting such as Domain Privacy, SSL certificates, or security services, you may be required to apply the Service to a specific domain name to begin using the Service. ABS Hosting is not responsible if you fail to apply an add-on to a domain name and will not provide refunds for any purchased but unused Services.
- You have ninety (90) days to dispute any charge or payment processed by ABS Hosting. If you have a question concerning a charge you believe is incorrect, please call us at +1 508-688-5599. If you initiate a chargeback, there may be a minimum charge of $25.00 plus applicable taxes to reactivate your account and we reserve the right to suspend your account for the duration of the dispute. Hosting accounts that have an open dispute may be disabled for security purposes.
- It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. We may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government and law enforcement authorities, credit reporting services, financial institutions, and credit card companies.
- Domain Payments. It is solely your responsibility to notify ABS Hosting’s billing department via a support ticket created from https://www.abshosting.net/support after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and ABS Hosting is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.
- Payment Card Industry Security Standard Disclaimer. ABS Hosting complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of our customer’s data and billing information. However, you are solely responsible for the security of the data and billing information on your User Website. ABS Hosting does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard.
Term and Automatic Renewal.
- Initial Term.The initial term of the Services purchased by you will be for the time period set forth in the registration form presented to you when you order the Services (the “Initial Term”).
- Automatic Renewal. Unless you cancel the Services or disable the automatic renewal option as set forth in sub-section d below, following the expiration of the Initial Term the Services will automatically renew for successive periods of equal length as the Initial Term (each a “Renewal Term”). The Initial Term and any Renewal Terms shall be collectively referred to as the “Term.” For Services with Term lengths of three (3) months or longer, ABS Hosting shall provide notice of the upcoming charge for each renewal to Subscriber no later than thirty (30) days prior to the payment date for each Renewal Term. The payment date for Services with Term lengths of three (3) month or longer shall be fifteen (15) days prior to the end of the then current Term. For accounts with a Term of one (1) month, the payment date will occur twenty-four (24) hours prior to the expiration of Subscriber’s Services without any prior notice.
- If you do not want the Services to automatically renew, you must opt out of the automatic renewal option at least sixteen (16) calendar days before the end of your then current Term or else your payment method on file will be charged as described above.
Cancelation of Service
ABS Hosting reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by ABS Hosting if we institute our right of cancelation. Any violation of policies which results in extra costs billed to YOU (i.e. transfer, space etc.). All of ABS Hosting’s PLANS are backed by a 30-day money back guarantee. If YOU are not completely satisfied with our services or support within the first 30 days of YOUR contract, YOU will be given a full refund of the contract amount excluding setup fees, domain registration fees, add-on/upgrade fees and overages. Setup fees are refundable only if the account order is canceled prior to account activation. If YOU cancel, the full contract amount less any setup fees and overages will be refunded if ABS Hosting is notified within the first 30 days following activation. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, domain registration fees, etc. For credit card payment, refunds will be made to a PayPal account made available by the Customer after the 120th day. Refund policy will not be made available to Customers using wire transfers. All account cancelations must be done via our cancelation form at YOUR hosting account control panel. Phone or email requests will not constitute acceptance of any cancelation.
Your hosting account at ABS Hosting can get terminated due to following reasons:
- You decide to discontinue :At any point of time, during your subscription, if you no more want to continue with our services and want to place a cancellation request with immediate termination, your hosting account will be suspended right away and will be terminated within 24 hours.
- Cancellation upon expiration :If you place a cancellation request to discontinue our services after your subscription expires, your hosting account will be suspended at the end of the subscription and will be terminated within 24 hours (after the expiration date).
- You did not renew: In case you fail to renew your hosting account on the due date, your hosting account will be suspended after 24 hrs and will be terminated within 14 Days (after the expiration date).
- You violate our Terms of service: If you violate our terms of service during your subscription period at ABS Hosting it will result in immediate account suspension and termination. As soon as we’ve been notified about the violation of service, we would usually take instant action.
- Potential fraud: We have an anti-fraud system that monitors all the orders as soon as they are placed. During such an occurrence, we will carry out a verification process manually. In this process, if we ask for certain information and it is not provided the account suspension and termination will be done immediately.
- A Dispute or Chargeback: During the violation of our Terms of Service, we would initially suspend and give a 7 days’ timeframe to resolve the concern with ABS Hosting before the termination occurs. If still, it remains unsolved termination of your hosting account will take place.
Note: It is advised to maintain a back-up copy of your hosting account to avoid losing your data because of the termination. All your files will be deleted from the server, once your hosting account is terminated and ABS Hosting shall not be liable for the same.
Promotional Rates & Special Offers
ABS Hosting may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not affect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.
Intellectual Property Rights
Material accessible to you through ABS Hosting’s services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use ABS Hosting or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the ABS Hosting network. If YOU use a domain name in connection with ABS Hosting or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Customers may not use the ABS Hosting network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. ABS Hosting will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
YOU will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation:
- the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products,
- ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and
- ensuring that the content and materials appearing within the store or related to YOUR products are not libelous or otherwise illegal. YOU will be solely responsible for the final calculation and application of shipping and sales tax. YOU will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
YOU are also responsible for the security of any customer credit card numbers and related customer information YOU may access as a result of conducting electronic commerce transactions through YOUR website. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with your confidential information.
Static & Dynamic Content Caching
- grant to ABS Hosting a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by ABS Hosting under this Agreement and
- agree that such caching is not an infringement of any of YOUR intellectual property rights or any third party’s intellectual property rights.
IP Address Ownership
ABS Hosting shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by ABS Hosting. ABS Hosting reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
Domain Name Registration
YOU agree to pay ABS Hosting prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the ABS Hosting price schedule for the initial registration of the domain name and, should YOU choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if YOUR domain name registration is suspended, canceled or transferred prior to the end of YOUR then current registration term. ABS Hosting reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from ABS Hosting to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by ABS Hosting) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to ABS Hosting as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. ABS Hosting will reinstate YOUR domain name registration solely at ABS Hosting discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transfer Domain Registrar to Abs Hosting
YOU agree to pay ABS Hosting prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the ABS Hosting price schedule for the initial transfer request of the domain name. YOU agree and acknowledge that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:
- No response from the Registered Name Holder or Administrative Contact
- Domain name in Registrar Lock Status
- Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer.
ABS Hosting reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee and have confirmed YOUR registration in an email from ABS Hosting to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by ABS Hosting) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to ABS Hosting as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. ABS Hosting will reinstate YOUR domain name registration solely at ABS Hosting discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transfer Domain Registrar Away From Abs Hosting
ABS Hosting reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:
- No response from the Registered Name Holder or Administrative Contact
- Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change
- Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer YOU agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and ABS Hosting will not be held liable for the failure of a domain name transfer for any reason.
ABS Hosting reserves the right to refuse service to anyone. YOU may only use ABS Hosting server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: “Pirated Warez”, OGG, AVI, MPEG, ISO, “Hacker programs or archives”, “Copyrighted Digital Movie Copies (DIVX)” and “Unlicensed MP3”.The designation of any materials as such described above is left entirely to the discretion of ABS Hosting management. If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that ABS Hosting may disclose any and all YOUR information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification. Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in Fremont, California, and any dispute will be litigated or arbitrated in Fremont, California. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Fremont courts. IN NO EVENT SHALL ABS Hoisting’s MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
YOU agree that it shall defend, indemnify, save and hold abs hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against abs hosting, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by you, your agents, employees or assigns. You agree to defend, indemnify and hold harmless ABS Hosting against liabilities arising out of:
- Any injury to person or property caused by any products sold or otherwise distributed in connection with abs hosting’s server.
- Any material supplied by the customer infringing or allegedly infringing on the proprietary rights of a third party
- Copyright infringement and
- Any defective products sold to customer from abs hosting’s server.
Our Commitment to Accessibility
ABS Hosting is committed to making our website’s content accessible and user friendly to everyone. If you are having difficulty viewing or navigating the content on this website, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please call our Customer Service team at +1 508-688-5599 or email our team at email@example.com with “Disabled Access” in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement. We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies. Additionally, while we do not control such vendors, we strongly encourage vendors of third-party digital content to provide content that is accessible and user friendly.
ABS hosting will not be responsible for any damages your business may suffer. ABS hosting makes no warranties of any kind, expressed or implied for services we provide. abs hosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by abs hosting and its employees. ABS hosting reserves the right to revise its policies at any time. All sub-networks, resellers and dedicated servers of abs hosting must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate account privacy statement
ABS Hosting follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.