Terms of Services - PAID Hosting

 
 


The service that is subject to the following agreement is provided by AWARDSPACE in association with the alliance by AttractSoft GMBH & Zetta Hosting Solutions ltd.!

You (the Client) should be aware that by signing up for an account with AWARDSPACE, absolutely agree to position data on our servers, thus making it accessible to the wide public. Hence the client accept that it is beyond the power of AWARDSPACE to restrict such access and guarantee the security of your files. You are completely in charge of protecting your data on AWARDSPACE servers, which suggests that you would better consider carefully any piece of information before uploading it to your hosting account on AWARDSPACE. Please avoid publishing personal data that could be easily obtained by the wide public and then abused online.

By completing the order form and purchasing a hosting plan you agree and understand that this represents the electronic signing of this document.

AWARDSPACE.COM PAID SERVICES:
2CHECKOUT.COM Inc. is an authorized retailer of AWARDSPACE

  1. Service agreement
    AWARDSPACE shall provide its Services to You (the Client) under the Terms of this Agreement. The Agreement is intended to keep the integrity of both AWARDSPACE and the Client and to protect both parties from liability. This Agreement will be enforced to ensure the speed, power, performance, and reliability of our services.
    By completing the Order Form and any other documents or agreements additionally specified in this Agreement, the Customer Agreement constitutes the whole act of convention between AWARDSPACE and the Client, thus being the most significant document of the established relationship. In case that a court of competent jurisdiction considers that any of the Agreement's provisions is invalid, unenforceable, or void, the remaining ones will completely reserve their validity.
    Client's side of the Agreement could be presented by: an individual with personal demands, being over 18 years of age; a legal entity such as a corporation, a limited liability company etc. that is consistent with state's law system. If a person represents the Client for some reason, he/she should be legally authorized to act in his/her name, thus accepting, executing and delivering the Agreement.
    You understand and agree that the Service is provided "AS-IS" and that AWARDSPACE assumes no responsibility for the timeliness, deletion, and failure to deliver or store any Client communication or personalization settings.

  2. AWARDSPACE.COM hosting services
    1. Bandwidth - Each hosting plan include prepaid bandwidth. Additional bandwidth is also available upon purchase. Contact sales department for more information. This bandwidth must be prepaid before using or otherwise the account will be suspended due overbandwidth usage.
    2. Domains Hosted - AWARDSPACE hosting plans include domain hosting. Each hosting plan has a limit of the domains hosted. For more information of the different plans see here.
    3. Domain Registration - Available at discounted price only with purchasing web hosting account(s). Free domain name registration applies to .com, .net, .org, .us, .biz and .info. Those qualified plans receive free setup and up to 2 free domain registrations forever while hosted with us. Please note that domain registrations are final and can not be refunded. You agree that in case of upgrade - free to paid plan or upgrade - paid plan to paid plan with more features FREE domain name(s) registration is not included.
    4. Disk Space - Additional disk space is available. Payment is accepted only in advance per year. Contact our sales department for more information.
    5. IP Address - AWARDSPACE hosting accounts do not include IP address. At this point AWARDSPACE service does not offer IP address generally!
    6. MySQL Database(s) - are included in all hosting plans.
    7. PostgreSQL Database - are included in all hosting plans.
    8. SSH - not included in hosting plans, but it is available upon request. Contact our sales department for more information.

  3. Background operations/add-ons services
    For all paid hosting plans AWARDSPACE does offer the following services but not limited to: CronTab service that is integrated in the hosting Control Panel! This service is offered and provided WITHOUT WARRANTY and WITH NO GUARANTEE OF RESULTS.
    Additionaly AWARDSPACE does offer the following ADD-ONS:

    AWARDSPACE ADDITIONAL SERVICES - ADD-ONS OR FEATURES AND VALUE-ADDED SERVICES OR FEATURES ARE OFFERED ON "AS IS" AND "AS AVAILABLE" BASIS. AWARDSPACE REJECTS ANY IMPLIED WARRANTIES. ANY OF AWARDSPACE' EMPLOYEES, MANAGEMENT OR AFFILIATES MAY NOT BE HELD RESPONSIBLE OR THUS LIABLE FOR ANY POSSIBLE DAMAGES PROVOKING USE OR MISUSE OF ANY INFORMATION, CONTENT OR SERVICES PROVIDED BY AWARDSPACE, INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND INCIDENTAL DAMAGES RESULTING FROM ANY FAILURE TO PROVIDE SERVICES, SUSPENSION OR TERMINATION OF SERVICES.

  4. Service guarantees
    AWARDSPACE will guarantee 99.8% network uptime and 99.8% network stability uptime. This, however, does not refer to problems araising from:
    1. Server Hardware Breakdown
    2. User error(s) or purposeful interruption(s) of the user service.
    3. Failures due to software that is not explicitly supported by AWARDSPACE. Consequently, if a hardware crash provoked by the customer happens, AWARDSPACE is beyond the control and responsibility for the resulting downtime.

  5. Account usage & hosted content
    1. Your account content MUST comply with the parameters stated in this Agreement. Web content requirements exclude the publication of illegal content or content considered inappropriate otherwise. Customers should get in touch with a AWARDSPACE representative regarding any inquiries over the matter.
    2. If any of AWARDSPACE Services are used for the illegal purpose of SPAM, then they will be immediatelly terminated. If unauthorized access is spotted, AWARDSPACE reserves the right to ban without notice the use of any AWARDSPACE hardware or software hosted on a AWARDSPACE server for trying to illegally access another hosted machine or network.
    3. Hacking and exploit content trying to hack the system by any means is considered as a hacking attempt. Web hosting accounts caught to have such malicious scripts will have their web hosting account terminated without notice.

      4. You absolutely agree and understand that by breaking this paragraph and generally this agreement your account will be closed without notice and no refund will be issued. A charge back of the amount will be prosecuted legally by AWARDSPACE.COM legal advisers to the final extend of the law.

  6. Money back guarantee
    AWARDSPACE offers a 30-day money back guarantee. If you are not satisfied with our hosting service within the time frame of 30 days after you purchased the account, you need to contact our sales department by writing an email to sales@awardspace.com and you will receive a full refund for your hosting plan. However, please note that hosting account upgrades and renewals are not applicable to refund as well as hosting accounts purchased for period of 3 months. Any domain registrations are final, do not include money back guarantee and will be subject to a $19.95 USD per year.

  7. Payment and chargebacks
    1. AWARDSPACE contracts with 2CheckOut.com which is an authorized retailer of AWARDSPACE. All charges for services provided by AWARDSPACE shall be charged by 2CheckOut.com by accepting all credit card types - JCB / VISA / MASTER CARD and Discover Credit Card!
      When signing up for a web hosting service with AWARDSPACE, customers agree to all specified Terms in this document. Thus, AWARDSPACE will utilize this document as an evidence for the customer's agreement in cases of a chargeback inquiry on behalf of the customer based on points that the client tries to refute after he accepted them at the time of the order.
    2. AWARDSPACE will charge customers with fees based on the fee structure at the time of the sign-up process. AWARDSPACE reserves the right to introduce changes to the packages when needed regarding price and set of features. This means that the current price list may differ from the pricing and features of the customer's account.
    3. Any promotions such as: discounted prices, free months or others are only for the first year of the hosting services. The client understands and agrees that AWARDSPACE.COM reserves full rights to alter the price following the first year promotional period.
    4. When signing up for a hosting account with AWARDSPACE, the customer agrees to pay for the chosen period resepctively 3, 6, 12, 24, 36 months. All upgrades to an existing free or paid account are paid by the client based on the period stated in client's Control Panel, Upgrades menu, Complited Upgrades section.
    5. Chargebacks are not accepted as a way of refunding. Any client who provokes a credit card chargeback of an order placed at AWARDSPACE will be subject to collections and legal action. He/she will be charged $30.00 USD, because when signing up with AWARDSPACE, customers accept these terms and conditions, thus agreeing to observe them strictly.
    6. By signing up for paid services on AWARDSPACE the client understands and agrees that AWARDSPACE might keep some of the sign up details for future reference to the account, however we do NOT store any credit card numbers which are securely handled by our payment gateway.

  8. Automatic account renewals
    AWARDSPACE automatically renews hosting account on the exact account expiration date. The renewal period is the same as initially selected.
    The undersigned Client and AWARDSPACE.COM mutually agrees as follows:
    1. AWARDSPACE shall automatically renew customer’s hosting account, for the same duration initially selected, with the credit card on the account expiration date, unless customer at customer’s sole discretion notifies AWARDSPACE of cancellation of automatic renewal at least 15 days prior to account expiration date by opening a trouble ticket from the hosting control panel or by sending an email to sales@awardspace.com.
    2. AWARDSPACE agrees under the conditions stated above, that no additional charges shall be billed to customer, if refund is requested during the first 10 day after the account expiration/renewal date. If a refund is requested after the firts 10 days counted from the expiration/renewal date, the client agrees that will be charged for 1 month hosting account and the rest will be refunded. If the renewal of the hosting account includes a domain name, Client agrees that AWARDSPACE will collect $19.95 for the domain name registration, which by this Terms of serice is non-refundable.
    3. In the event that the Customer issues a chargeback or reversal of charges without first following the above cancellation policy, Customer will be responsible for a $30.00 billing service fee.

  9. Warranties and representations
    AWARDSPACE provides hosting services on an "as is" and "as available" basis without warranties or representations for its offering. The company bears no responsibility for connection problems, in cases when customers' hosting with AWARDSPACE confronts with service interruption issues.

  10. No unlawful or prohibited use
    As a condition of your use of the AWARDSPACE Services, you will not use the AWARDSPACE Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not attempt to gain unauthorized access to any AWARDSPACE Services, other accounts, computer systems or networks connected to any AWARDSPACE Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the AWARDSPACE Services.
    AWARDSPACE reserves the right at all times to disclose any information as AWARDSPACE deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in AWARDSPACE`s sole discretion.

  11. Third party
    Any dealings with third parties (including advertisers) included within the AWARDSPACE Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. AWARDSPACE shall not be responsible or liable for any part of any such dealings or promotions.

  12. Termination
    You agree that AWARDSPACE, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service if you violate these terms.

  13. Your responsibilities
    You are solely responsible for the content of your web pages, messages or data you upload or your site's users upload, thus on AWARDSPACE servers. Using the AWARDSPACE Service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise) is prohibited.

    In consideration of your use of the Service, you agree to:
    1. Provide true, accurate, current and complete information about yourself as prompted by the Service`s registration form
    2. Maintain and promptly inform us to update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or AWARDSPACE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AWARDSPACE has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
    3. You will receive a password and account designation upon completing the Service`s registration process and payment process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to:
      - immediately notify AWARDSPACE of any unauthorized use of your password or account or any other breach of security
      - ensure that you exit from your account at the end of each session.
      - refrain posting, disclosing, providing, selling or offering to sell the password and account provided by AWARDSPACE to any third parties
      AWARDSPACE cannot and will not be liable for any loss or damage arising from your failure to comply with this
    4. Any Customer in violation of system or network security and/or enormously overloading/over flooding the server's utilization including but not limited to:
      - running BOTS, IRC servers, online chats, instant messengers, link exchange systems, web crawlers, conducting attacks against third party systems is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following: Unauthorized access, use, probe, rootkit or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, e-mail bombing, flooding deliberate attempts to overload a system and broadcast attacks. Forging of any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting.
      - FTP usage for webcam purposes is STRICTLY FORBIDDEN. AWARDSPACE.COM reserves the right to revoke or restrict any FTP access and/or remove any web site for improper or excessive FTP usage.
      - AWARDSPACE.COM reserves the right to revoke or restrict any SCRIPTING Languages access and/or remove any web site or even account for improper or excessive SCRIPTING Languages utilization.
    5. Customer agrees not to publish on or over its account any information, software or other content which violates or infringes upon the rights of any others or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible.
    6. AWARDSPACE does NOT allow sites that provide any content, points of distribution, or \`links\` to sites that:
      - infringe on any third party`s intellectual property or proprietary rights, or rights of publicity or privacy;
      - violate any law, statute, ordinance or regulation;
      - are defamatory, trade libelous, threatening, unlawfully harassing, abusive, pornographic or obscene;
      - contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another`s computer or property of another;
      - contain Proxy, Pirated or Hacking / Phreaking Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost. ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) all fall under this jurisdiction; Torrent sites or links to Torrent sites;
      - has Adult Sites (content) - Any erotic or pornographic material, links to adult sites, or advertisements for adult sites;
    7. Use of phishing or mimic sites are strictly prohibited on AWARDSPACE.COM, any user suspected in such activity will be terminated WITHOUT refund and a legal action will be started to the final extend of the law.
    8. You acknowledge and agree that AWARDSPACE might change this Terms of Services without notice and you are solely responsible to check for such changes, follow up and comply with them.

      9. In conclusion any client not observing the afore mentioned rules is subject to immediate account termination without refund!

  14. Customer website; customer warranties/guaranties
    1. When buying a hosting plan with AWARDSPACE, customers agree to be fully responsible for the deployment, development, operation and maintenance of their web site, online store and/or e-commerce activities within that space. Each customer is in charge of all the products and services as well as of all contents and materials appearing online, including:
      - the accuracy and relevance of Customer Content and content and material showcased in its store or on its products
      - certainty that the Customer Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person
      - certainty that the Customer Content and the content and materials appearing in his/her store or on his/her products are not calumnious or somehow illegal. Customer is the only one in charge of approving, processing and filling customer orders and of taking care of customer requests or complaints. Customer is the one in charge of the payment or satisfaction of any and all taxes related to his/her web site and online store.
    2. Customer bears the responsibility for ensuring the security and confidentiality of any customer data (including, without limitation, customer credit card numbers) that he/she may receive in connection with his/her web site or online store.
    3. Each Customer guarantees to AWARDSPACE that he/she owns or possesses the right to use the Customer Content and its material, including all text, graphics, sound, music, video, programming, scripts and applets. Each Customer warrants to AWARDSPACE that the use, reproduction, propagation and transmission of the Customer Content and any information and materials contained inside do not, and will not:
      - infringe or abuse any copyright, patent, trademark, trade secret or any other proprietary right of a third party
      - break any criminal laws or manifest false advertising, unfair competition, vilification, privacy intrusion; violate a right of publicity or violate any other law or regulation. Each Customer empowers AWARDSPACE to reproduce, copy, use and propagate all and any part of the Customer Content for ensuring and operating the Services. AWARDSPACE is granted the right to assess the extent these operations need to be done.

  15. Unsuitable behaviour
    Any indecent abusive or insulting treatment towards a AWARDSPACE employee will be considered inappropriate. Each Customer is anticipated to behave in a well-mannered way with AWARDSPACE employees regarding any requests for help through e-mail, phone e.t.c.. Each Customer should avoid applying any forms of written emotional outburst. Any attempts of uncontrolled behavior will be interpreted as a breach of this Agreement.
    Other acts of treatment towards AWARDSPACE employees that will be considered as unacceptable include any verbal, oral, written or delivered by a second party threats addressing AWARDSPACE or any of its employees, partners, equipment, and concerns. Any forms of such threats will be interpreted as a breach of this Agreement. AWARDSPACE reserves the right if any of the aforemantioned rules are violated to restrict or completly stop access to client's account and if further communication is not possible due to continued bad mannered client behaviour even to once and for all stop clien't hosting account without issuing a refund!

  16. Spamming is prohibited
    We will determine in our sole discretion whether any of the messages you send are spam. For your information, spamming generally includes, but is not limited to:
    - Advertising of your AWARDSPACE hosted site using Unsolicited Email (spam) is strictly prohibited and your account will be removed immediately if involved in any type of spam activity.
    - the bulksending of unsolicited messages, or the sending of unsolicited e-mails which provoke complaints from recipients
    - the sending of junk mail
    - the use of distribution lists that include people who have not given specific permission to be included in such distribution process
    - posting commercial ads to USENET newsgroups that do not permit it
    - posting articles containing binary encoded data to a non-binary newsgroups
    - excessive and repeated posting off-topic messages to newsgroups
    - excessive and repeated cross-posting
    - excessive email sending/receiving over 2000 emails per day
    - e-mail harassment of another Internet Customer or Customers, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive
    - the e-mailing of age- inappropriate communications or content to anyone under the age of 18.

  17. Zacky Tools sources modification
    AwardSpace reserves the right to modify the sources of the application installed via ZackyTools to meet speciffic company needs. Such needs may be (but not limited to): - Template modification - Branding modification - Default incoming/outgoing links modification Such modifcations can be removed and the application reverted to its very default state upon written request (either via a ticket posted or an email to support@awardspace.com is sent).

  18. Account HDD resources usage
    Each and every AwardSpace Customer agrees not to allocate more than 4999MB of its hosting account space to image and multimedia (.gif, .png, .avi, .mpg, .jpg, .mp3) files. Each and every AwardSpace Customer agrees not to allocate more than 4999MB of its hosting account space to archive (.rar, .zip, .tar, .gzip, .iso, .nrg, .cue, .ccd, .img, .sub, .cue) files. Each and every AwardSpace Customer agrees not to allocate more than 4999MB of its hosting account space to DB dump backup (.sql, .pgsql, .mssql, .mysql) files. Each and every AwardSpace Customer agrees not to allocate more than 4999MB of its hosting account space to .exe, .pdf, .psd, .ppt files.

  19. Account DB resources usage
    AwardSpace provides its Customers with the ability to use MySQL and PostgreSQL database engines. The amount of available databases depends on the package that the Customer has signed up for. The database engines described above should be used by the Customer in a manner that the overall server pefromance is not affected and no downtime is caused due to overusage. In case that a database is detected to use more than the %20 of the shared CPU due to database usage, AwardSpace reserves the right to suspend the account associated with the database without any prior warning.

  20. Account CPU/RAM resources usage
    AwardSpace provides its Customers with the ability to use CPU and RAM on shared principle. The resources described above should be used by the Customer in a manner that the overall server pefromance is not affected and no downtime is caused due to overusage. In case that a process is detected to use more than the %20 of the shared CPU/RAM AwardSpace reserves the right to suspend the account associated with the process without any prior warning.

  21. Force majeure circumstances
    AWARDSPACE will be no liabile in case of failure or delay in doing its professional duties in consequence of circumstances beyond its control. Such circumstances could be provoked by acts of any governmental body, war, rebellion, 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 provisioning of the Services.
    This agreement constitutes and represents the whole act of convention between the parties in regard to the agreement signed between them. It is not subject to any amendments, changes or modifications, or any other alterations with the exception of changes introduced through a written instrument that is signed by the parties to be charged.

  22. Copyrights
    Copyrighted material must not be placed on Customers' accounts without the permission of the copyright owners or people that are specifically authorized by the copyright owners. Only copyright owners or people specifically authorized by them may upload copyrighted material to the account.
    Upon our receipt of a notice of a claimed copyright infringement containing the above information, after confirmation we will promptly remove the allegedly infringing material from the client's account and carry out further procedures if necessary. We will assume no liability to any Client of the Services for the removal of any such material.


Please report any violations of this Agreement to abuse@awardspace.com