Customer Terms of Use
The following Terms of Use apply to ALL ASPHostCentral.com customers: ASPHostCentral.com services include, but are not limited to: any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers' account (including all billing data and the space on the particular Web server that ASPHostCentral.com provides to customers); any use by customers, or any access provided to customers by ASPHostCentral.com, of computing, telecommunications, software, information, hardware, and equipment; any act, or provision of any service, by ASPHostCentral.com to customers, related to Web hosting and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not; any provision by ASPHostCentral.com to customers, of any space, Internet connectivity, or electrical power; any access or use related to the ASPHostCentral.com Web site, including the Web site itself; any other service mentioned in the TOS; any other service provided by ASPHostCentral.com to customers, whether used or not; any other ASPHostCentral.com services that are used by customers, whether offered or provided by ASPHostCentral.com to customers.
- Ownership of Web Site- The legal owner of customers' Web sites and accounts with ASPHostCentral.com will be the individual or organization whose name is listed in ASPHostCentral.com database as the owner. Customers will fully cooperate with and abide by any and all of ASPHostCentral.com security measures and procedures in the event of any dispute over ownership of customers' Web sites and accounts with ASPHostCentral.com.
- Illegal Use- ASPHostCentral.com servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing ASPHostCentral.com services, all ASPHostCentral.com customers certify that they and/or the organization they represent in procuring services from ASPHostCentral.com are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
- Spamming- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to ASPHostCentral.com customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a ASPHostCentral.com server, and selling or distributing software (on a Web site residing on a ASPHostCentral.com server) that facilitates spamming. Violators will be assessed a minimum fine of US$200 and will face immediate suspension. ASPHostCentral.com reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
- System and Network Abuse- Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; 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 email or a newsgroup posting.
- Viruses and Other Destructive Activities - Use of ASPHostCentral.com services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use ASPHostCentral.com services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
- Copyright Violations - The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All ASPHostCentral.com customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a ASPHostCentral.com customer (per the DMCA) to ASPHostCentral.com must follow the below procedures. Copyright infringement notifications submitted to ASPHostCentral.com according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at ASPHostCentral.com sole discretion.
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DMCA Copyright Infringement Notification Requirements
- Signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant").
- Identification of the copyrighted work(s) claimed to have been infringed.
- Identification of the material claimed to infringe the copyright(s), and enough information for ASPHostCentral.com to locate it including URLs and specific descriptions of the infringing material at each URL.
- The Claimant's name, address, and telephone number(s).
- A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
- A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
- Child Pornography- The use of ASPHostCentral.com services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. ASPHostCentral.com is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
- Privacy- ASPHostCentral.com is concerned with the privacy of on-line communications and Web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, ASPHostCentral.com urges its customers to assume that all of their on-line communications are insecure. ASPHostCentral.com cannot take any responsibility for the security of information transmitted over ASPHostCentral.com facilities.
- Customer Responsibility-Customers are required to use the ASPHostCentral.com network responsibly. This includes respecting the other customers of ASPHostCentral.com. ASPHostCentral.com reserves the right to suspend and/or cancel service with any customer who uses the ASPHostCentral.com network in such a way that adversely affects other ASPHostCentral.com customers. While ASPHostCentral.com may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, ASPHostCentral.com does not monitor its customers' communications or activities to determine whether they are in compliance with the TOS. However, when ASPHostCentral.com becomes aware of any violation of the TOS or other user agreements, ASPHostCentral.com may take any action to stop or correct such violation, including, but not limited to, denying access to ASPHostCentral.com services and equipment or to the Internet. In addition, ASPHostCentral.com may take action against a customer or a customer of such customer because of the activities of such customer. ASPHostCentral.com anticipates that customers who offer Internet services will cooperate with ASPHostCentral.com in any corrective or preventive action that ASPHostCentral.com deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of ASPHostCentral.com policy and ASPHostCentral.com reserves the right to take any such action even though such action may affect other customers of the ASPHostCentral.com customer.
- Actions Taken by ASPHostCentral.com- The failure by a customer to meet or follow any of the TOS is grounds for account deactivation. ASPHostCentral.com will be the sole arbiter as to what constitutes a violation of the TOS. ASPHostCentral.com reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When ASPHostCentral.com becomes aware of an alleged violation of its TOS, ASPHostCentral.com will initiate an investigation. During the investigation, ASPHostCentral.com may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, ASPHostCentral.com may, at its sole discretion, restrict, suspend, or terminate a customer's Web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, ASPHostCentral.com will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOS if it is illegal, irresponsible, or constitutes disruptive use of the Internet. ASPHostCentral.com does not issue credits for outages incurred through service disablement resulting from TOS violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by ASPHostCentral.com.
- Disclaimer-The ASPHostCentral.com service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. ASPHostCentral.com expressly disclaims any representation or warranty that the ASPHostCentral.com service will be error-free, secure or uninterrupted. No oral advice or written information given by ASPHostCentral.com, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. ASPHostCentral.com and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
- LIMITATION OF LIABILITY - TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL ASPHostCentral.com (INCLUDING, WITHOUT LIMITATION, ASPHostCentral.com EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS ASPHostCentral.com, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING ASPHostCentral.com SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR ASPHostCentral.com SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY ASPHostCentral.com SERVICES EVEN IF ASPHostCentral.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ASPHostCentral.com TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOS OR ASPHostCentral.com SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY ASPHostCentral.com OR ASPHostCentral.com REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
- Modifications-ASPHostCentral.com may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with ASPHostCentral.com services. Certain changes to ASPHostCentral.com services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and ASPHostCentral.com is not liable, for any and all such personalized applications and content, except as expressly agreed to by ASPHostCentral.com.
- Backup of Data-Except where ASPHostCentral.com has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and ASPHostCentral.com is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with ASPHostCentral.com services. However ASPHostCentral.com does maintain daily backups as part of disaster recovery policy.
- Third Party Licenses-ASPHostCentral.com makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, ASPHostCentral.com makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, ASPHostCentral.com specifically disclaims all warranties of merchantability and and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold ASPHostCentral.com liable in any way for the revocation of any license, which has been licensed to ASPHostCentral.com. The use of the Technologies obtained from or through ASPHostCentral.com, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.
- Non-ASPHostCentral.com Products- Any mention of non-ASPHostCentral.com products by ASPHostCentral.com, its employees, or any third party entity related to ASPHostCentral.com is for information purposes only and does not constitute an endorsement or recommendation by ASPHostCentral.com. ASPHostCentral.com disclaims any and all liabilities for any representation or warranty made by the vendors of such non-ASPHostCentral.com products or services.
- Intellectual Property- Customers will not, without ASPHostCentral.com express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on ASPHostCentral.com Web site, and customers will not use any of ASPHostCentral.com trademarks, service marks, copyrighted materials, or other intellectual property without ASPHostCentral.com express written consent. Customers will not, in any way, misrepresent their relationship with ASPHostCentral.com, attempt to pass themselves off as ASPHostCentral.com, or claim that customers are ASPHostCentral.com.
- Assignment -Customers may not assign or delegate their rights or obligations under the TOS or other agreement for ASPHostCentral.com services, either in whole or in part, without the prior written consent of ASPHostCentral.com.
- Minimum Age Requirement - ASPHostCentral.com customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the TOS in order for the Minor to become an ASPHostCentral.com customer. A parent or guardian who accepts the TOS on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOS, including the timely and full payment of the charges for ASPHostCentral.com services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains ASPHostCentral.com express written consent to the contrary. Any acceptance of the TOS or any other agreement for ASPHostCentral.com services will be deemed null and void to the extent that ASPHostCentral.com will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of ASPHostCentral.com services.
- Governing Law and Severability- The TOS, and any other agreement for ASPHostCentral.com services, will be governed by and construed in accordance with the laws of the State of Ohio, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and ASPHostCentral.com will take place in Ohio, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOS or other ASPHostCentral.com agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOS or the agreement will continue in full force and effect.
- Force Majeure-ASPHostCentral.com will not be liable for delays in its performance of the TOS or ASPHostCentral.com services caused by circumstances beyond ASPHostCentral.com reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). ASPHostCentral.com will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.Waiver and AmendmentAny waiver, modification, or amendment of any provision of the TOS or other agreement for ASPHostCentral.com services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of ASPHostCentral.com.
- Independent Contractors-Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between ASPHostCentral.com and its customers. Each of ASPHostCentral.com and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
- Construction and Interpretation- Wherever in this TOS the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOS into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOS. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOS.
- Complete Agreement and Exclusivity-The TOS, and/or any other specific agreement for ASPHostCentral.com services, constitutes the complete understanding and agreement between ASPHostCentral.com and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of ASPHostCentral.com, the TOS supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOS, and/or any other specific agreement for ASPHostCentral.com services is between ASPHostCentral.com and its customers only and will not confer any rights in any third party except as otherwise expressly provided by ASPHostCentral.com.