Terms of Service - Aztech Networks

Detailed below is the Terms of Service (or Acceptable Usage Policy) for Aztech Networks Hosting Services.  Please ensure you have read them in full prior to applying for hosting services so that you completely understand our terms. 

By using Aztech Networks web hosting services, you agree to comply with our policies. You are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. Our Terms of Service, encompassing our Terms and Conditions and our Acceptable Use Policy is one of zero tolerance. We reserve the right to immediately discontinue services without liability, refund or continuance of any prepaid service fees.

The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. Aztech Networks reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.

Definition of the Information Aztech Networks gathers and keeps track of:

· Information that users provide through optional, voluntary submissions. These are voluntary submissions to receive our electronic newsletters, to participate in our message boards or forums, to email a friend, and from participation in polls and surveys:
· Information Aztech Networks gathers through aggregated tracking information derived mainly by tallying page views throughout our sites. This information allows us to better tailor our content to readers' needs and to help our advertisers and sponsors better understand the demographics of our audience. Because Aztech Networks derives its revenue mainly from sponsorships and advertising, providing such aggregated demographic data is essential to keeping our service free to users. Under no circumstances does Aztech Networks divulge any information about an individual user to a third party.

The following points apply in our Acceptable Use Policy:

  1. The e-mail distribution by the Account Holder of "SPAM", "JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. If the Account Holder refuses to remove any advertising or other third party content deemed objectionable by Aztech Networks, Aztech Networks may terminate the services being provided to the Account Holder.
  2. Aztech Networks will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall Aztech Networks be liable to the Account Holder for any damages resulting from or related to any failure or delay of Aztech Networks in providing access to the Internet under this Agreement. In no event shall Aztech Networks be liable to the Account Holder for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of Aztech Networks under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive any termination of this Agreement.
  3. This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. An Aztech Networks account may not be transferred without prior written approval from Aztech Networks. The Account Holder is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Account Holder's account, the Account Holder will be liable for any unauthorized use of the Aztech Networks services, including any damages resulting there from, until the Account Holder notifies Aztech Networks’ Technical Support.
  4. If Aztech Networks assigns the Account Holder an Internet Protocol ("IP") address in connection with the Account Holder's use of the Aztech Networks services, the right to use that IP address will remain with and belong only to Aztech Networks, and the Account Holder will have no right to use that IP address except as allowed by Aztech Networks in its sole and absolute discretion.
  5. This Agreement constitutes the entire agreement between the Account Holder and Aztech Networks with respect to the Aztech Networks services and supersedes all prior agreements between the Account Holder and Aztech Networks. Aztech Networks' failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section (Section 5) will survive any termination of this Agreement.
  6. The Account Holder agrees to indemnify and hold Aztech Networks harmless from any and all Claims resulting from or connected with any activities conducted by the Account Holder. The Account Holder and Aztech Networks will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.
  7. Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed.
  8. Because the Internet is a global communication tool, and we have clients from nearly every country in the world it is difficult to dictate what is considered "adult material." However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. Legal adult content is allowed on our network. We do not knowingly host and we prohibit use of our services for the distribution or dissemination of child pornography. We consider "child pornography" to be a visual depiction of a minor (child younger than 18) - or any person explicitly or by implication described to be a minor who is engaged in sexually explicit conduct. Prohibited activities include possession, manufacturing and distribution of child pornography, online enticement of children for sexual acts, child prostitution, and child sex tourism. When we become aware of the presence of child pornography that is on or being transmitted through our network, the associated Web site will be suspended and reported to law enforcement agencies as required by law.
  9. Account Holders can receive a refund if account is cancelled within the initial 30 days after sign up. If the account holder cancels after the time period specified, there will be no refund given. We will deduct 5.5% of the total amount (billing processor fee) + $2 (credit card processing fee) before initiating the refund. Refunds do NOT apply to dedicated servers, dedicated IP addresses, SSL certificates or domain registration related fees. Important: If the client cancels within the first 30 days and have registered new domain names with us during this time period, Aztech Networks will charge the client $49.50 one time per domain name if he/she does not wish to continue with the domain name transfer. This is to prevent abuse of our domain name(s) registration service.
  10. Aztech Networks may temporarily deny service or terminate this Agreement upon the failure of Account Holder to pay charges when they become due. Such termination or denial will not relieve the Account Holder of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
  11. If an account holder's account becomes overdue, the account will be suspended. Interest will accrue on the overdue account at a rate of 5% per month until the outstanding balance is paid in full.
  12. If an account holder charges back for services rendered, the customers account will be terminated and a $150.00 charge back fee will be added to the amount charged back by the customer.
  13. If an account is found to be in violation of the terms of service it will be terminated immediately and all payments forfeited.
  14. For closed accounts there is a $25 per incident charge for all inquiries regarding previous services and or support.
  15. Backups of new/changed data are made weekly for all servers. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content and information. A "Backup/Restore" feature is included with each hosting plan and a client can use this tool to back up their files. If loss of data occurs due to an error of Aztech Networks, we will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of a client in securing their account or by an action of the client, Aztech Networks will attempt to recover the data from the most recent archive for a $25.00 fee.
  16. Account Holder agrees not to provide free services such as free hosting, free subdomains or free email accounts. Account holders found violating this section will be terminated immediately and all payments forfeited.
  17. SSH Access is not support on any hosting package.
  18. Cancellation. In order to cancel an account with Aztech Networks, the Account Holder must submit a helpdesk ticket using the Billing Issues category at least 7 working days before the account is due to renew.
  19. Right of refusal. Aztech Networks has the right to refuse services to anyone at our discretion.

The following uses of your account are prohibited:

•    Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted software or other intellectual properties, violation of U.S. export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities.
•    Illegal Use, including but not limited to transmission, distribution or storage of any material in violation of any applicable law or regulation. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, indecent, intolerant, racist, defamatory, or constitutes an illegal threat. This includes but is not limited to pirated software, hacking programs or archives, warez and mp3 sites and IRC bots. Aztech Networks is the sole arbiter as to what constitutes a violation of this provision.
•    Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, 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 a newsgroup posting. Running of proxy services of any kind is also strictly prohibited.
•    It is a violation for anyone who, including but not limited to, employs posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for their own account; or resale of access to CGI scripts installed on our servers.

Disk Usage Provision:

90% or more of your content on your website must be linked from an HTML or similarly coded web page where all content is freely available to the public. Your website consists of web pages of a standard design, essentially HTML based text and graphics. Downloadable files, media, streaming content or any file which consumes more than 500kb of space must not exceed 10% of your total used disk quota.