Acceptable User Policy
1.) Websites that contain material that is intentionally offensive to racial minorities are not permitted. Sites that are found to contain such offensive content will be closed.
2.) Averthost.com reserves the right to close any website that is using an unreasonable amount of bandwidth or server CPU time. This policy protects other web sites located within the same web server farm from becoming bogged down by the abusively high traffic site.
3.) If you send Spam, your account will be closed. If a client you host in your account sends Spam, your client’s site will be immediately and permanently closed. In extreme cases, your account may also be closed. We do not and will not tolerate Spam. It is your responsibility to make sure your clients realize that Spam is not and will not be tolerated. Spam is a waste of our network and system resources, and we are completely intolerant of anybody who sends or attempts to send Spam.
4.) If you sell hosting services to other customers using your Averthost.com account, it is your responsibility to support those customers. Your customers must contact you for support issues.
5.) Pornography, pirated software, mp3 archives, rom archives, cracking/hacking tools, and spamming are not allowed at Averthost.com. Any material of this nature or links to material of this nature will cause the account to be shut down without financial refund. These types of sites waste bandwidth and slow down the servers. It is not realistic to allow one site to ruin the speed for all of the sites. Additionally, sites of this nature often place web hosts at legal risk, and therefore cannot be allowed.
6.) Clients that tax the machine down with malfunctioning pages or CGI scripts will lose their right to have dynamic pages (such as ASP,iHTML, and Cold Fusion. and cgi scripts. Everybody writes a code that locks up from time to time, but Averthost.com will not allow one client’s scripts to ruin uptime or performance for the rest of the clients. Keep this policy in mind when uploading cgi scripts or dynamic pages, since you assume full responsibility for every file that you upload. If your cgi or other dynamic content is causing a noticeable performance bottleneck, your account will be disabled.
7.) We reserve the right to charge US$100 per spam message that is sent or attempted to be sent to or through any of our servers. If a spammer is putting uptime or performance at risk by flogging the email services with spam, we have every legal right to receive payment from the spam sender or the company represented within the spam to cover the cost of the services rendered. This policy applies equally to Averthost.com customers and non-Averthost.com customers.
8.) Averthost.com reserves the right to block incoming email from any remote SMTP relay at any time for any reason. If a remote SMTP relay is misconfigured, spammers will often exploit the remote relay to send thousands (sometimes millions of spam). If a spammer is abusing a remote SMTP relay to mail bomb domains at Averthost.com, Averthost.com will immediately block the IP of the SMTP relay that the spammer is abusing. Averthost.com also subscribes to multiple RBLs (real-time blocking lists. to automatically block known open SMTP relays and known spamming relays. While this policy dramatically reduces the amount of spam sent to Averthost.com, this may inadvertently block some legitimate emails.
9.) Averthost.com cannot and will not be held liable for any problem incurred while hosting with Averthost.com. By hosting with Averthost.com, you assume any and all risk for possible downtime and other server/connection related problems. If you are not willing to assume this risk, you should not host with Averthost.com. While Averthost.com makes every possible attempt to maintain the highest possible level of uptime, Averthost.com will not under any circumstances make any expressed or implied guarantee for any specific level of uptime.
10.) Failure to pay on time will result in the loss of the account. Averthost.com wants to give premier support to paying customers. Therefore, Averthost.com cannot waste time supporting those who do not pay.
11.) In the event of a price or policy change, all customers (new and old. are subject to the price or policy change. These changes may occur at any time without any notice from Averthost.com. Averthost.com customers should check the Averthost.com website periodically to check for changes to pricing or policy.
12.) Pricing and policies are subject to change at any time. Our policies are non-negotiable.
13.) Do not do anything illegal or anything that adversely affects Averthost.com’s legal interests. The following list is non-exclusive, and should not be considered license to commit other illegal activities not specified below. All illegal activity is prohibited, and Averthost.com will cooperate fully with any law enforcement officials and/or agencies investigating and/or prosecuting such activities
- Cracking (Hacking). — attempts to access accounts or systems other than the user’s own accounts or systems or an account or system that the user has been explicitly authorized to access is illegal under federal and state law.
- Child pornography — as defined by U.S. law. This is strictly prohibited and dealt with quickly and harshly.
- Interstate gambling — because Internet traffic generally ignores state and country boundaries, any Internet based gambling site is restricted by Federal Inter-state gambling regulations.
- Pyramid schemes or fraud — are illegal under a number of Federal, State and Local laws.
- Theft of services — attempts to utilize services that are not contracted for is considered theft and will be dealt with as such.
- Harassment — use of network to harass or threaten (in the legal sense of those terms) any other person is prohibited.
A guide to legal resources on the Internet is located at http://www.faqs.org/faqs/law/ Please consult an attorney if you are unsure of the legal status of your activities.
14.) Don’t do anything that threatens the integrity of Averthost.com’s network or the utilization thereof by other persons.
- Denial of Service (DOS attacks) — no customer will commit a DOS attack against any customer’s host, or any other host on the Internet. Similarly, no customer will willfully or negligently allow incitement of others to attack any host on our network, or any other host on the Internet.
- RBL — No customer shall do anything that could get any portion of our IP space put on the RBL (Realtime Black List. as maintained by MAPS (http://www.mail-abuse.com.or other similar organizations, or perform activities that would cause portions of the Internet to refuse to route traffic to any portion of our IP space.
15.) Spam — no customer shall send unsolicited commercial email, unsolicited mass mailings, spam or flood newsgroups, or anything of that sort. If you have questions about what is allowed and what is not, please refer to http://spam.abuse.net.
- No spam may originate from our IP space.
- No spam may advertise sites or services located on our IP space (even if the spam originates elsewhere, or IP space which receives IP transit over our IP network.
- No customer shall use third party mail servers to relay spam. This is considered a DOS attack on the third party and will be treated as such.
- No customer shall participate in pyramid schemes or email chain letters.
16.) SOFTWARE/WEBPANEL/API CHANGE : In case of a change in the price of third party Software/WebPanel/API Change customers have to follow the new price. We will send new separate invoice & customers has to pay the new invoice. Failing to which Avert Host reserves the right to suspend and terminate the account.
Averthost.com reserves the right to terminate or interrupt any account in part or in full without refund for violation of these Terms of Service. In all but the most extreme or serious cases, good faith attempts will be made to resolve an issue without interruption of service. In cases where service has been terminated or interrupted, resolution will be handled on an individual case basis, at Averthost.com’s sole discretion.
The jurisdiction of all matters would be at Jaipur, Rajasthan, in case of any dispute.