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Term of Service
Violations of the Terms Of Service may constitute immediate removal
of your web site from our server. In every case, we will make efforts
to notify you of the violation prior to any actions taking place.
100% Risk-Free 30-Day Satisfaction-Guaranteed Hosting:
We want you to be as confident in purchasing our service as we are
in providing it. If you have any problems with your service we will
do everything we can to resolve it and make you a satisfied customer.
If for any reason you wish to get your money back during the first
30 days of service, we will refund it - no questions asked.
Domain name registrations cannot be cancelled and therefore they
cannot be refunded but the domain is yours to keep as a consolation
prize as long as the account was kept up to date.
Disclosure and Use of Information
We do not sell or distribute client information to marketers or
other companies.
AceOfSpace.com Inc. will not release any information regarding our customers
(excepting that which is public knowledge, such as the WHOIS database)
to any third party. AceOfSpace.com Inc. will take reasonable precautions
to protect the information it obtains from you from loss, misuse,
unauthorized access or disclosure or use, or alteration or destruction
of that information. AceOfSpace.com Inc. will have no liability to you
or any third party to the extent such reasonable precautions are
taken.
Exception: AceOfSpace.com Inc. and GraphiComm Inc., reserve the
right, but undertake no obligation, to monitor all content and activity
on our server and to disclose and report illegal, fraudulent, suspicious
or prohibited activity to law enforcement and governmental authorities
and to any persons or entities who could potentially be harmed by
this activity. Such reporting may include any customer information
and content.
Electronic Mail Acceptable Use Policy
Unsolicited Bulk Email (UBE popularly known as "spam")
Without exception, we decry the practice of mass-mailing unwanted
email solicitations of any type, regardless of content, and we will
do everything within our power to reduce the flood of this type
of traffic across the Internet.
AceOfSpace.com Inc. may, at its sole discretion, immediately terminate
your account if your conduct fails to conform with these terms and
conditions with no obligation to refund fees paid. You agree that
AceOfSpace.com Inc. shall under no circumstances be held liable on account
of any action it takes, in good faith, to restrict transmission
of material that it or any user of electronic mail service considers
to be obscene, lewd, lascivious, filthy, excessively violent, harassing,
or otherwise objectionable, whether or not such material is constitutionally
protected.
Email Disk Space Storage
Accounts are given a generous amount of disk space that is shared
among your website, email, configuration and system files. Clearly
the server has storage capacity but that primary purpose of the
disk space allowed is for your website. We strongly recommend that
you download your email to a program on your computer regularly
and that you set up limits on each email box (using the Mail Manager
tool). In order to prevent abuse, the following guidelines have
been established. Email stored for over 3 months on the server may
be deleted by our system without notice and will not be recoverable.
If the aggregate of your email and webmail disk usage exceeds 25%
of the total disk space or 250 megs of disk space on your account
you may be required to reduce the amount of email stored on the
account if it is found to adversely effect the performance of the
web-server or network.
Communications with our clients
As part of this hosting agreement, we will need to communicate via
email from time to time for such things as invoices, payment notification,
support, and product or service announcements. Our policy is to
keep these communications to a minimum and only send communications
that will benefit our clients. You agree to accept such communications
and to keep your contact information up to date using the update
forms provided in your Command Center or this form for secure account
updates: https://aceofspace.com/billing.
Electronic Mail
AceOfSpace.com Inc.'s electronic mail service provides you with the capability
to send and receive electronic mail via the Internet.
AceOfSpace.com Inc. has set no fixed upper limit on the number of messages
you may send or receive through its electronic mail service; however,
the storage space associated with your electronic mail account is
regulated by the Disk Quota associated with your account. AceOfSpace.com Inc.
will, in our sole discretion, determine whether or not your conduct
is consistent with (i) this Agreement, (ii) any AceOfSpace.com Inc. operating
rules or policies.
Background Running Programs:
We may allow programs to run continually in the background. These
are considered on a case-by-case basis and an extra charge may be
incurred based on system resources used and operational maintenance
needed.
Refusal of Service:
We reserve the right to refuse, cancel, or suspend service at our
sole discretion. All Sub-Networks, distributive hosting sites and
dedicated servers must adhere to the above policies. Failure to
follow any term or condition will be grounds for immediate account
deactivation.
Account Email Address
Notifications, correspondences and important information is sent
to the main e-mail address for the account which can be verified
under “Account At A Glance Section” of your Command
Center. It is the responsibility of the user/client to keep this
e-mail address current and to check it regularly.
Renewals
Accounts are automatically renewed. You will have fifteen
(15) days prior to renewal to cancel your account via this cancellation
form. Your notice should contain your domain name,
user name, and password or last 4 digits of your credit card for
verification purposes. If we do not receive a notice to cancel the
renewal of your domain name and/or account, we will charge the account
accordingly. If you have chosen to pay by credit card we will automatically
debit that card. If you have chosen to pay by check, your payment
is due when the notice is sent out.
Should a renewal fee go unpaid, we will not turn over assets of
the account until the account balance is paid. Payment must be made
by credit card or such other method as we may indicate in the registration
application or renewal form. We will renew the registration for
the term specified provided your credit card or other billing information
is available and up to date, unless you instruct us otherwise within
the time specified. If your billing information is not accurate
and you wish to renew the registration/account, you are responsible
to contact us to update this information using the tools provided
in your Command Center.
Cancellations
Each account is automatically renewed for an additional term upon
your contract due date and the account balance is then debited from
your account. If you paying by credit card the amount due is automatically
charged to your card and if the transaction is declined on your
due date, a $0.50 fee may be applied against your current balance
for each declined charge due to the late payment on your account.
If at anytime you wish to cancel service you must notify us in writing
via this cancellation form, or email, orfax or postal delivery with
the following information a minimum of 48 hours prior to cancellation:
account domain name, user name, and password (so we can verify that
you are authorized to closed the account) along with the time frame
in which you want the account closed. We would also appreciate any
feedback on why you wish to cancel your account. Cancelling your
hosting account does not remove any charges due to us for domain
renewals unless you notify us of your desire to cancel the account
fifteen (15) days prior to the renewal date. Cancellation of your
hosting account is your sole responsibility. There is no cancellation
fee or penalty for terminating a hosting account. However, if you
cancel your account after billing has occurred there is no refund
for the remaining time unused.
Prohibited Conduct
You agree that the following is a non-exclusive list of actions
and User web sites that are not permitted:
1. the uploading, posting or otherwise transmitting of any User
web sites that are unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
2. the impersonation any person or entity, including, but not limited
to, falsely stating or otherwise misrepresenting your affiliation
with a person or entity;
3. the uploading, posting or other transmittal of any content that
you do not have a right to transmit under any law or under contractual
or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
4. the uploading, posting or other transmittal any content that
infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party;
5. the uploading, posting or other transmittal of any unsolicited
or unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes,"
or any other form of solicitation;
6. the uploading, posting or other transmittal of any content that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;
7. intentionally or unintentionally violating any applicable local,
state, national or international law, including, but not limited
to, regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities exchange,
including, without limitation, the New York Stock Exchange, the
American Stock Exchange or the NASDAQ, and any regulations having
the force of law;
8. promoting or providing instructional information about illegal
activities, promoting physical harm or injury against any group
or individual, or promoting any act of cruelty to animals. This
may include, but is not limited to, providing instructions on how
to assemble bombs, grenades and other weapons, and creating "Crush"
sites;
9. exporting software or technical information in violation of U.S.
export control laws;
10. attempting to access the accounts of others, or attempting to
penetrate security measures of AceOfSpace.com Inc. or other entities'
systems ("hacking"), whether or not the intrusion results
in corruption or loss of data;
11. sending of the same or substantially similar unsolicited electronic
mail message, whether commercial or not, to a large number of recipients.
This prohibition extends to the sending of unsolicited mass mailings
from another service that in any way implicates the use of AceOfSpace.com Inc.'s
service, AceOfSpace.com Inc.'s equipment or any AceOfSpace.com Inc. electronic
mail address;
Changes to this Agreement or to Additional Rules or Policies
You acknowledge that the Internet, domain name system and the practice
of registering and administering domain names are evolving, and
therefore you agree that AceOfSpace.com Inc. may modify this Agreement,
as well as any additional rules or policies that are or may be published
by AceOfSpace.com Inc., as necessary to comply with AceOfSpace.com Inc.'s
ICANN agreement, or with any other agreements that AceOfSpace.com Inc.
is currently bound by or will be bound by in the future, as well
as to adjust to changing business circumstances. Your continued
use of your account and any domain name registered through AceOfSpace.com Inc.
shall constitute your acceptance of this Agreement as well as additional
rules or policies that are or may be published by AceOfSpace.com Inc.,
each with the new modifications. If you do not agree to any of such
changes, you may request that your account be cancelled. Cancellations
are accepted in writing only. You acknowledge and agree that such
cancellation will be your exclusive remedy and our sole liability
if you do not wish to abide by any changes to this Agreement or
any additional rules or policies that are or may be published by
AceOfSpace.com Inc..
Account Registration, Administration and Renewal Services
The information you are obligated to provide and keep current in
connection with your use of AceOfSpace.com Inc.'s hosting and domain
registration services is the following:
Your full name (or the name of the authorized person for contact
purposes, if registration is for an organization, corporation or
association), postal address email address, voice telephone number,
and fax number, if available (or if different, that of the domain
name holder); Your current and valid email address; Your credit
card informatiion (for accounts that pay by credit card). If you
do not provide the new required information, the registration may
not be renewed.
Domain Name Registration, Administration, and Renewal Services
.com, .net, and .org Registrations and Renewals
AceOfSpace.com Inc. uses an accredited registrar with the Internet Corporation
for Assigned Names and Numbers ("ICANN") for the .com,
.net and .org Top Level Domains (TLDs). ICANN oversees the .com,
.net and .org global top level domains ("gTLDs"). All
clients are bound by all terms and conditions of ICANN's Uniform
Domain Name Dispute Resolution Policy (the "UDRP"), as
amended from time to time, which is hereby incorporated and made
a part of this Agreement by reference for all .com, .net and .org
domain name registrations or renewals. (Click here for a current
copy of the UDRP.)
No Guarantee of Registration or Renewal
You acknowledge and agree that AceOfSpace.com Inc. cannot guarantee that
you will be able to register or renew a desired domain name, even
if an inquiry indicates that domain name is available, since AceOfSpace.com Inc.
cannot know with certainty whether or not the domain name which
you are seeking to register is simultaneously being sought by a
third party, or whether there are any inaccuracies or errors in
the domain name registration or renewal process or related databases,
including the various WHOIS databases. You further acknowledge and
agree that AceOfSpace.com Inc. may elect to accept or reject your application
for registration or renewal for any reason at its sole discretion,
such rejection including, but not limited to, rejection due to a
request for registration or renewal of a prohibited domain name.
You also acknowledge and agree that AceOfSpace.com Inc. is not liable
or responsible in any way for any errors, omissions or any other
actions by any registry administrator arising out of or related
to your application for and registration of, renewal of, or failure
to register or renew a particular domain name. You additionally
agree to indemnify, defend and hold harmless the applicable registry
administrator and its directors, officers, employees, and agents
from and against any and all claims, damages, liabilities, costs,
and expenses (including reasonable legal fees and expenses) arising
out of, or related to, your application for and registration of,
renewal of, or failure to register or renew, a particular domain
name.
Fees
As consideration for AceOfSpace.com Inc.'s domain name registration,
administration, and renewal services, you agree to pay AceOfSpace.com Inc.,
upon submission of your domain name application, renewal application,
or registrar transfer application to AceOfSpace.com Inc., the then-current
fees set forth in the AceOfSpace.com Inc. price schedule for such services.
All registration, transfer, and renewal fees are non-refundable,
in whole or in part, even if your domain name registration is suspended,
cancelled or transferred prior to the end of your then current registration
term. AceOfSpace.com Inc. 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 domain name application, renewal application, or registrar
transfer request will not be submitted to the applicable registry
unless we receive actual payment of the registration, renewal, or
transfer fee, or reasonable assurance of payment of the registration,
renewal, or transfer fee from some other entity (such reasonable
assurance as determined by AceOfSpace.com Inc. in its sole discretion).
In the event of a charge back by a credit card company (or similar
action by another payment provider allowed by us) or other non-payment
by you in connection with your payment of the registration, renewal,
or registrar transfer fee, you acknowledge and agree that the registration
shall be transferred to AceOfSpace.com Inc. as the entity that has paid
the registration, renewal, or transfer fee 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. We will reinstate
any such registration solely at our discretion, and subject to our
receipt of the applicable registration, renewal, or transfer fee
and our then-current reinstatement fee, currently set at $75.
Forfeiture of Domains
Domain names which AceOfSpace.com Inc. registers on your behalf are
considered abandoned and forfieted after a term of 10-days after
the web hosting account is closed for whatever reason. Thereafter
ownership of abandoned domain names become that of AceOfSpace.com Inc.
which may or may not renew the domain at it's option.
Miscellaneous
CALIFORNIA BILL NUMBER: SB 1386
http://info.sen.ca.gov/cgi-bin/postquery?bill_number=sb_1386&sess=PREV&house=B&site=sen
This bill seeks to prevent identity theft by requiring notification
of security breaches involving California residents' personal information.
AceOfSpace.com Inc. seeks to protect all our clients from security breaches
and therefore applies organizational best practices throughout our
business process. Should a breach occur that qualifies for disclosure
we will post notification on our web site at http://aceofspace.com/sb1386-disclosure.html
within a reasonable amount of time upon authorization by law enforcement
to do so.
Limitation of Liability
AceOfSpace.com Inc. and/or its employees, officers, owners, agents,
heirs, executors, members, attorneys, administrators, personal representatives
and assigns shall not be liable for special, economic, or consequential
damages of any kind arising directly or indirectly from customer's
use, purchase, licensing, and activity of any kind in connection
with the AceOfSpace.com Inc. services or products. In all events, AceOfSpace.com Inc.'s and GraphiComm Inc., and their employee's, officers, owners,
agents, heirs, executors, members, attorneys, administrators, personal
representatives and assigns liability shall be limited to any sums
paid to AceOfSpace.com Inc. by customer for account services during
the previous one year period.
System Performance
You acknowledge that AceOfSpace.com Inc. depends upon computer systems
that are responsive to the demands of the Internet. Occasionally,
AceOfSpace.com Inc.'s computer system is subjected to exceptional volumes
of communicaitons or third party products or services failure that
may result in some degradation of AceOfSpace.com Inc.'s system processing
and response time. AceOfSpace.com Inc. will make every reasonable effort
within it’s power to resolve and reestablish communications
within a reasonable amount of time.
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