The use of services from ahibo.net, hereafter referred to as "Ahibo" constitutes agreement to these terms.
1.) Account Setup / Email on file
We
will setup your account after we have received payment and we and/or
our payment partner(s) have screened the order(s) incase of fraud. It
is your responsibility to provide us with an email address which is not
@ the domain(s) you are signing up under. If there is ever an abuse
issue or we need to contact you, the primary email address on file will
be used for this purpose. It is your responsibility to ensure the email
address on file is current or up to date at all times. Providing false
contact information of any kind may result in the termination of your
account. In dedicated server purchases or high risk transactions, it
will be necessary to provide government issued identification and
possibly a scan of the credit card used for the purchase. If you fail
to meet these requirements, the order may be considered fraudulent in
nature and be denied.
2.) Content
All services provided by Ahibo may only be used for lawful purposes. The laws of the Province of Québec, and Canada apply.
The customer agrees to indemnify and hold harmless Ahibo from any
claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is
prohibited. This includes but is not limited to unauthorized copying of
music, books, photographs, or any other copyrighted work. The offer of sale
of any counterfeit merchandise of a trademark holder will result in the
immediate termination of your account. If you believe that your copyright or
trademark is being infringed upon, please email abuse@ahibo.net with the
information required.
Examples of unacceptable material include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, ".img"
/ image hosting only sites that do not host an actual domain name,
Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment
sites (FOREX, egold exchange), AutoSurf sites, Bank Debentures, Bank
Debenture Trading Programs, Prime Banks Programs, lottery sites, muds /
rpg's, hate sites, hacker focused sites/archives/programs, or sites
promoting illegal activities.
We
reserve the right to refuse service to anyone. Any material that, in
our judgment, is obscene or threatening is prohibited and will be
removed from our servers with or without notice.
Failure to
respond to email from our abuse department within 48 hours may result
in the suspension or termination of your services. All abuse issues
must be dealt with via troubleticket/email and will have a response
within 48 hours.
If in doubt regarding the acceptability of
your site or service, please contact us at abuse@ahibo.net and we
will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited
to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography
will be terminated immediately without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs
installed under your account are secure and permissions of directories
are set properly, regardless of installation method. When at all
possible, set permissions on most directories to 755 or as restrictive
as possible. Users are ultimately responsible for all actions taken
under their account. This includes the compromise of credentials such
as username and password. It is required that you use a secure
password. If a weak password is used, your account may be suspended
until you agree to use a more secure password. Audits may be done to
prevent weak passwords from being used. If an audit is performed, and
your password is found to be weak, we will notify you and allow time
for you to change/update your password.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail,
bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as
spam. Any user who sends out spam will have their account terminated with or
without notice.
Please read mailpolicy.html for our generalized mail policy.
Sites advertised via SPAM (Spamvertised) may not be hosted on our
servers. This provision includes, but is not limited to SPAM sent via fax, email, instant
messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space
being blacklisted will be immediately suspended and/or terminated.
Ahibo reserves the right to require changes or disable as necessary
any web site, account, database, or other component that does not comply
with its established policies, or to make any such modifications in an
emergency at its sole discretion.
Ahibo reserves the right to charge the holder of the account used to
send any unsolicited e-mail a clean up fee. This cost of the clean up fee is
entirely at the discretion of Ahibo.
4.) Payment Information
You agree to supply appropriate payment for the services received from
Ahibo, in advance of the time period during which such services are
provided. You agree that until and unless you notify Ahibo of your
desire to cancel any or all services received, those services will be billed
on a recurring basis.
Cancellations must be done in writing via the cancellation form provided. Once we recieve your cancellation and have confirmed all
necessary information with you via e-mail, we will inform you that your
account has been canceled. At this time, your account with us has been
canceled. If you do not hear back from us or receive an e-mail
confirming this cancellation, please contact us immediately.
As a client of Ahibo, it is your responsibility to
ensure that your payment information is up to date, and that all
invoices are paid on time. Ahibo provides a 10 day grace period
from the time the invoice is due and when it must be paid. Any invoice
that is overdue for 10 days and not paid will result in a $10 late fee
and/or an account suspension until account balance has been paid in
full.
Invoices that have been paid more than once with multiple
Paypal Subscriptions can only be added as credit towards the account
and cannot be refunded via Paypal. If you require assistance with this
provision, please contact sales@ahibo.net
Ahibo reserves the right to change the monthly payment amount and any
other charges at anytime.
5.) Backups and Data Loss
Your use of the service is at your sole risk. Ahibo is not responsible
for files and/or data residing on your account. You agree to take full
responsibility for files and data transferred and to maintain all
appropriate backup of files and data stored on Ahibo servers.
6.) Cancellations and Refunds
Ahibo reserves the right to cancel the account at any time with or
without notice.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
Customers may cancel at any time via a cancellation form.
Ahibo gives you an unconditional 30 day money back guarantee on managed
shared hosting. There are no refunds administrative fees, install fees for custom software, or domain
name purchases. Refund requests after 30 days will be refunded on a prorated
basis of any unused time.
Only first-time accounts are eligible for a refund. For example, 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.
Violations of the Terms of Service will waive the refund policy.
7a.) Resource Usage
User may not:
a) Use 25% or more of system resources for longer then 90 seconds. There are
numerous activities that could cause such problems; these include: CGI
scripts, FTP, PHP, HTTP, etc.
b) Run any type of interactive real-time chat applications that require
server resources. Remotely-hosted services are fully allowed.
c) Run stand-alone, unattended server-side processes at any point in time on
the server. This includes any and all daemons, such as IRCD.
d) Run any software that interfaces with an IRC (Internet Relay Chat)
network.
e) Run any bit torrent application, tracker, or client. Please note
that you may link to torrents off server, but may not host or store
them.
f) Participate in any file-sharing/peer-to-peer activities
g) Run cron entries with intervals of less than 15 minutes
When using PHP include functions for including a local file, include
the local file rather than the URL. Instead of
include("http://yourdomain.com/include.php") use include("include.php")
7b.) INODES
The use of more then 50,000 INODES will result in account suspension.
Accounts found exceeding 50,000 INODES will not be backed up on our
backup servers.
A INODE is the actual file or directory and not the size of that file
or directory. For example your index.html file is 1 INODE. A directory
called homework is counted as 1 INODE as well.
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies
depending on the hosting package you purchase. Should your account pass the
allocated amount we reserve the right to suspend the account until the start
of the next allocation, suspend the account until more bandwidth is
purchased at an additional fee, suspend the account until you upgrade to a
higher level of package, terminate the account and/or charge you an
additional fee for the overages. Unused transfer in one month cannot be
carried over to the next month.
9a.) Money back Guarantee
On dedicated servers and colocation no full refund will be honored --
the 30 day money back guarantee does not apply. We reserve the right to
refund a prorated amount or no refund at all.
Each of Ahibo's managed shared and reseller servers carry a 30 day
unconditional money back guarantee on them. If you are not completely
satisfied with our services within the first 30 days of your service, you
will be given a full refund of the contract amount. Remember, this is only
for monthly shared or reseller packages and does not apply to dedicated
servers, administrative fees, install fees for custom software, or domain
name purchases.
9b.) Uptime Guarantee
If your shared hosting has a physical downtime that is not
within the 99.9% uptime you may receive one month of credit on your
account. Approval of the credit is at the discretion of Ahibo
dependant upon justification provided. Third party monitoring service
reports may not be used for justification due to a variety of factors
including the monitor's network capacity/transit availability. The
uptime of the server is defined as the reported uptime from the
operating system of the server which may differ from the uptime
reported by individual services. To request a credit, please contact
sales@ahibo.net with justification. All requests must be made in
writing via email.
10.) Shared hosting
Shared
accounts may not resell web hosting to other people, if you wish to
resell hosting you must use a reseller account. Semidedicated servers
are not backed up. You must maintain your own backups.
11.) Price Change
The amount you pay for hosting will never increase from the date of
purchase. We reserve the right to change prices listed on ahibo.net, and
the right to increase the amount of resources given to plans at any time.
12a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold Ahibo
harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable attorney's fees asserted against Ahibo, 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 customer, its agents, employees or assigns. Customer agrees to defend,
indemnify and hold harmless Ahibo against liabilities arising out of;
(1) any injury to person or property caused by any products sold or
otherwise distributed in connection with Ahibo; (2) any material
supplied by customer infringing or allegedly infringing on the proprietary
rights of a third party; (3) copyright infringement and (4) any defective
products sold to customers from Ahibo's server.
12b.) Arbitration
By using any Ahibo services, you agree to binding arbitration. If
any disputes or claims arise against Ahibo or its subsidiaries,
such disputes will be handled by an arbitrator of Ahibo's choice.
All decisions rendered by that arbitrator will be binding and final.
You are also responsible for any and all costs related to such
arbitration.
13.) Disclaimer
Ahibo shall not be responsible for any damages your business may suffer.
Ahibo makes no warranties of any kind, expressed or implied for services
we provide. Ahibo disclaims any warranty or merchantability or fitness
for a particular purpose. This includes loss of data resulting from delays,
no deliveries, wrong delivery, and any and all service interruptions caused
by Ahibo and its employees.
14.) Disclosure to law enforcement
Ahibo may disclose any subscriber information to law enforcement
agencies without further consent or notification to the subscriber upon
lawful request from such agencies.
We will cooperate fully with law enforcement agencies.
15.) Changes to the TOS
Ahibo reserves the right to revise its policies at any time without
notice.
