- SERVICE DESCRIPTION
ASPHostPortal provides various services to its customers for a fee. These services include, but are not limited to Internet services such as domain hosting, web-site hosting, database hosting, application hosting, dedicated server hosting, and electronic mail services. To receive such services a customer account must be established with ASPHostPortal and any initial or setup fees must also be paid. ASPHostPortal reserves the right to refuse service to anyone at any time for any reason.
- SERVICE USAGE
A. Legal Parameters: This service may be used only for lawful purposes and the usage of the service in connection with or adjunct to any matter or thing which violates any foreign, municipal, state, county or federal statute or regulation is prohibited. Customer agrees to indemnify and hold harmless ASPHostPortal from and against any and all claims, actions, causes of actions, administrative or government action, losses or damages (including legal fees and expenses) arising from the usage of any services by the Customer.
B. Unilateral Service Revocation: In the event that ASPHostPortal, at any time, believes that the service is being used by the Customer in contravention of the terms and provisions of this contract, the Vendor may, at its sole discretion, immediately discontinue such service to Customer without liability.
- NO WARRANTIES
With respect to any all products and/or services provided by ASPHostPortal ("SERVICES"), the customer acknowledges and agrees that ASPHostPortal makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness, uptime, and operation and/or use of and SERVICES for any particular purposes. As a result, the customer agrees that ASPHostPortal shall not be liable to the customer for any claims, damages or compensations which may be suffered by the customer, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, changes to data, inability to access any SERVICES, or inability to transmit or receive information, caused by, or resulting from, delays, non-deliveries, or service interruptions whether or not caused by the fault or negligence of ASPHostPortal. The customer hereby agrees to indemnity and hold harmless ASPHostPortal from any and all claims of whatever nature brought by any of Customer’s customers against ASPHostPortal.
- USE OF INFORMATION
The utilization of any data or information received by customers from the utilization of the service to be provided by ASPHostPortal is at the customer's sole and absolute risk. ASPHostPortal specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services provided to the customer.
- DOMAIN NAME
If ASPHostPortal shall acquire an Internet Domain Name on behalf of the customer, then in such case the Customer hereby waives any and all claims which it may have against ASPHostPortal for any loss, damage, claim or expense arising out of, or in relation to, the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of services by ASPHostPortal for any reason. Any costs incurred by ASPHostPortal in obtaining or maintaining a domain name for Customer shall be immediately reimbursed to ASPHostPortal upon invoice from ASPHostPortal to the customer.
- SERVICE FEES AND INVOICING
Customer shall pay any initial fees set forth by ASPHostPortal prior to the commencement of service. In addition, the Customer shall be charged for an initial three (3) month period of service. In the event that Customer shall fail to pay for such services in advance of that three (3) month period, then ASPHostPortal shall be entitled to unilaterally terminate this agreement and discontinue the service of Customer or the applicable account for which payment has not been received. The indemnification and limits of liability provisions of paragraphs 2 and 3 shall survive any such termination. Upon payment of the charges due hereunder, ASPHostPortal may, at its sole discretion, re-institute service, at which time all terms and conditions of this contract shall continue in full force and effect. Any service disconnection or suspension may require a re-activation fee of $15.00
- CUSTOMER SUPPORT
Support issues must be initiated through the electronic forms located in the Technical Support Center available at ASPHostPortal' control panel. ASPHostPortal will make a diligent effort to resolve issues related to services provided to a customer, but does not guarentee to provide a solution for every issue raised. ASPHostPortal' services are provided "as-is" under the warranty stated in paragraph three (3) of this Agreement.
Any customer who cancels or terminates services within 30 days of initial service activation may be entitled to a full refund equal to the amount charged by ASPHostPortal, minus any one-time setup fee that is associated with the account setup. The following services do not qualify for the 30 Day Money Back Guarantee: additional items and services; domain name registration; dedicated servers; items and services ordered through the reseller program; domain parking plus; and overage fees. The money back guarantee does not apply to change-of-mind, product faulty that is not sourced from our server and other external problems that is not caused by our server. The refund will be provided if and only if there is a systematic problem on our system/server, such as server downtime, multiple hardware failure, services (in general) that are not working, and the problem on customer's site/account which cannot be resolved by our Support Team.
For the account cancellation within the first 30 days of the new registration, there is a one-time $15.00 non-refundable setup fee. If a customer cancels an account within the first 30 days, the customer may qualify for a full refund, minus $15.00 account setup fee. This account setup fee applies to ALL the hosting plans displayed on our website
For cancellation or termination requests received after 30 days of service activation, or received after 30 days of an automatic account renewal, no refunds will be given. The 30 days money back guarantee does not apply to an account renewal or upgrade.
Any cancellation of services must be requested by using Help Desk System which is accessible by all ASPHostPortal customers. Use of this online Help Desk System requires a user name and password (provided to customers during account activation) and ensures that only an authorized customer contact is able to initiate a cancellation request.
New Customers. To set up a new service with ASPHostPortal, customers are required to make an initial monthly, annual or three years advanced payment, along with any applicable set up fees. New accounts will not be set up until payment has been received and processed by our Accounting Department. ASPHostPortal accepts Visa, Mastercard and American Express as a means of payment by credit card. Other forms of payment such as purchase orders or wire transfers may also be accepted. ASPHostPortal uses PayPal as the payment processor and ASPHostPortal does not store any credit card information that belongs to our customers.
Contract Renewals. Contracts for services provided by ASPHostPortal, including all website hosting plans, database hosting plans, optional services and dedicated servers are automatically renewed at the renewal date unless we have been otherwise notified. Cancellation requests must be received by ASPHostPortal.com a minimum of thirty (30) days prior to the end of your Billing cycle for dedicated server plans and a minimum of ten (10) days prior to the end of your billing cycle for all other plans. Cancellations submitted later than this time may result in automatic renewal of your hosting plan and there will be no refund offered.
The minimum hosting and addon contract renewal is half-yearly and ASPHostPortal does not offer monthly contract renewal. If a customer, for example, registers for the yearly plan and wish to change to half-yearly contract renewal, the customer needs to inform us 10 (ten) days before the current contract expires.
Existing Customers. Customers in good standing may order new hosting services at any time without an initial payment. Normally we will bill for new services once they have been setup and are available for use. If requested, we can adjust the billing periods for new services to match the billing period of any existing services you may have
Statements. We provide full statements to our customers. Our statements show domain names, billing periods, amounts charged, amounts paid, useful descriptions and other important information. Accounts carrying a balance forward will be issued a statement every thirty days until full payment is made. Statements issued to customers paying by credit card will show type of card used to make the payment. We do not print credit card numbers on our statements.
- SCOPE OF AUTHORITY
Customer has no authority, apparent or otherwise, to contract for, or on behalf of ASPHostPortal, or in any other way legally bind ASPHostPortal in any fashion, nor shall Customer be authorized to make any representations about ASPHostPortal or its services other than to reiterate to its Customers ASPHostPortal' responsibilities as outlined in this agreement.
- CHANGES IN TERMS OF AGREEMENT
ASPHostPortal reserves the right to make changes to the above terms and conditions of this agreement. The Customer agrees to monitor ASPHostPortal' website for notice of changes in this agreement on regular basis. Changes in monthly service fees shall become effective only at the end of the customers current billing period for which the customer has prepaid. Utilization of the service by the Customer and/or its customers following the effective date of such change shall constitute acceptance by Customer of such change(s) in terms.
Account Holder Disputes: ASPHostPortal will only accept and process changes to a Customer Account, including the issue and/or re-issue of passwords, from the party that originally setup the Customer Account and can demonstrate to ASPHostPortal’ satisfaction that they are the rightful Account Holder. ASPHostPortal will not divulge or change passwords to any account without proof of identification, which is satisfactory to ASPHostPortal, which may include written authorization with signature.
In the event of any partnership break-up, divorce or other legal problems that includes a Customer Account, the Account Holder understands that ASPHostPortal will remain neutral and may put the Account on hold until the situation has been resolved by the parties involved. Under no circumstances will ASPHostPortal be liable for any losses incurred by the Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless ASPHostPortal from any and all claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.
- ENTIRE AGREEMENT AND SEVERABILITY
This instrument constitutes the entire agreement between ASPHostPortal and the Customer, and represents the complete and entire understanding of the parties with respect to the subject matter of this agreement. This instrument supersedes any other agreement or understanding between ASPHostPortal and the Customer, whether written or oral. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement, which it evidences, shall remain in full force and effect.
Acceptable Use Policies and Agreements By accepting the Terms and Conditions of this Agreement, all Customers are agreeing to the following Acceptable Use Polices, which govern any and all products and services provided by ASPHostPortal.
Principles Governing Acceptable use of the Internet by the Customer Responsibility and Respect - The Internet is a network intended for use by mature, responsible users. The Customer recognizes this principle and undertakes at all times to act with respect, courtesy and responsibility, giving due regard to the interests and rights of other Internet users. This general guideline carries with it the following specific responsibilities:
Knowledge of the Internet - The Customer agrees to obtain a basic knowledge of the Internet and it’s operating principles and procedures.
Improper Uses - The Customer will avoid violation of certain generally accepted guidelines on Internet usage such as restrictions on mass mailings and mass advertisements, pirating or copying of software, mail bombing or other methods of attempting to deny service or access to other users, and attempts to violate security.
Unsolicited Commercial Messages - ASPHostPortal strictly prohibits Unsolicited Commercial Messages, also known as "spam". This includes using our network to distribute unsolicited bulk messages or using any outside network to send bulk messages advertising a web site, business, charity or other organization and any products or services including but not limited to bulk email software or bulk email services to any other persons or any other activity promoting, aiding or otherwise enabling the transmission of unwanted bulk messages. Use of email account lists obtained for the purpose of transmitting bulk messages is prohibited. The term "opt-in list" means each and every person on the list has given express prior written consent directly to the originator of any messages prior to the recipient receiving any messages from the originator. ASPHostPortal reserves the right to immediately and without prior warning terminate any customer account associated with unsolicited email and no refund will be issued for any unused service fees. ASPHostPortal reserves the right to determine if any particular activity is in violation of this or any other policy. ASPHostPortal incurs a direct cost to clean-up, terminate and otherwise handle complaints and damages done by persons involved in Unsolicited Commercial Messages. For this reason, ASPHostPortal will charge the customer for clean-up fees, termination fees and other fees associated with termination or removal of accounts involved in Unsolicited Commercial Email. Such fees are typically $US 500 per incident but may be more depending on the nature of the incident. The actual amount of any Clean-up fees charged by ASPHostPortal are the sole discretion of ASPHostPortal.
Compliance with Laws - The Customer will ensure that their use of the Internet complies with all applicable federal, state and local law and regulation, including but not limited to those principles of law which protect against compromise of copyrights, trade secrets, proprietary information and other intellectual property rights, libel or defamation of character, invasion of privacy, tortuous interference, and export of technical or military data to prohibited countries.
Validation of Information - The Customer is responsible for validating the integrity of the information and data it receives or transmits over the Internet.
Security - The Customer is required to protect the security of its Internet account and usage. The Customer(s) password will be treated as private and confidential and not disclosed to or shared with any third parties.
Discretion and Judgement - The Customer is expected to use discretion in the treatment and handling of Internet information and data and to take particular care to insure that adult information is not transmitted to juvenile users of the Internet.
Pornography - Due to legal and social issues, we will not accept any customers who publish, store or otherwise process pornographic material. If an existing customer violates this principle, ASPHostPortal reserves the right to immediately terminate the Customer's account and no refund will be issued for any unused service fees. Material deemed to be pornographic is the sole discretion of ASPHostPortal, with due regard to the laws of United States.
Excessive Service Usage - Customers are restricted from using excessive amounts of CPU processing, network bandwidth or other resources provided by ASPHostPortal. Judgements of excessive usage are determined solely by ASPHostPortal and will be considered in comparison to other ASPHostPortal customers using similar services and paying ASPHostPortal similar rates. ASPHostPortal may contact customers with resource intensive requirements and attempt to accommodate such needs. In the case that an agreement cannot be made to the satisfaction of both ASPHostPortal and the customer, and that the customer continues to use excessive resources, ASPHostPortal reserves the right to immediately terminate any customer account associated with excessive resource usage. Accounts or services involved in excessive resource usage may be suspended or terminated immediately by ASPHostPortal without prior notice.
Notice of Termination - ASPHostPortal has the right to suspend or terminate any service without prior notice or warning for any reason at any time. If the terms and conditions or the general usage policies are violated in any way we reserve the right to immediately terminate the service without prior warning or notice. No refunds are issued for terminated services.
Fitness for Purpose and Intended Use - ASPHostPortal provides general purpose Internet, web hosting, email and other related products and services. All products and services are provided on an "as-is" basis. ASPHostPortal makes no guarantees regarding fitness of the products and services for any particular use or intent. It is the sole responsibility of the customer to determine if ASPHostPortal' services are fit for the customers intended use. In the event that the products or services are unfit for any particular purpose, ASPHostPortal is under no obligation to alter the service to meet the intended use nor is ASPHostPortal under any obligation to provide alternate services to meet the intended use