Acceptable Use and Service Agreement
By placing an order, you agree to the terms outlined in the contract below.
305 Internet/Flash New Media, hereafter 305 Internet, will host a Virtual Web Server Internet Account for you, hereafter Account Holder Client, for the domain(s) you have selected. Service will begin on the date your initial payment is received and only month-to-month products will continue to renew automatically until notice of cancellation is received. Annual, bi-annual and tri-annual products carry special discounts and must be paid in full at once or over time for the full length of the product term and price selected. Under penalty of perjury, Account Holder Client affirms that all provided contact information is accurate, and that he/she is of contractual capacity under the laws of the United States of America. Account Holder Client agrees to the following terms and conditions of this Service Agreement:
1. REFUND/CANCELLATION POLICY
- SHARED HOSTING MONEY BACK GUARANTEE
- Premium Web Hosting Account Holder Client will have a 30-day trial period during which he may cancel service at any time for any reason and receive a full refund of monies paid, less domain registration fees and any applicable setup fees. After 30 days, 305 Internet reserves the right not to refund any pre-paid amount in the case of cancellation.
- SSL CERTIFICATES
- There is no refund for SSL Certificates, they will just not renew on the anniversary date.
- VPS & DEDICATED SERVERS
- A prorated refund on any fees remaining after a formal cancellation of service, in writing, is received. Additional IP Addresses are excluded from refund!
- OTHER PRODUCTS AND SERVICES NOT COVERED ABOVE SUCH AS CUSTOM WEBSITE DESIGNS AND DEPLOYMENTS
- There is no refund on any other service provided by 305 Internet.
2. AUTOMATIC RENEWAL AND CANCELLATION POLICY
To avoid interruption in service and for the convenience of customers, all accounts automatically renew on their anniversary dates. Credit card information left on file for recurrent billing will be processed at this time; it is Account Holder Client’s responsibility to ensure that the appropriate billing profile is activated on relevant renewal dates.
3. LATE PAYMENTS AND COLLECTIONS
Payments must be made in US dollars to 305 Internet and are due upon purchase of service and/or presentation of invoice. Any bank fees or charges imposed upon 305 Internet associated with the receipt of payment shall be the responsibility of Account Holder Client.
If full payment is not received within 15 days of the due date, without other arrangements having been agreed upon prior, then all services will be suspended until payment is collected. After an account is 30 days past due, all associated accounts will be removed and the remaining balance may be sent to a collections agency for further action. No refund will be issued for suspended or deleted accounts.
4. ACCOUNT TERMINATION
305 Internet reserves the right to terminate a contract at any time, for any reason, and return any unused funds.
5. DOMAIN REGISTRATION
Domain registrations are automatically renewed IF 305 Internet has designed the website. If Account Holder Client utilizes their own site design software or the free service offered with your hosting plan, then the domain registrant or other domain contact is responsible for renewing a domain registration with the corresponding domain registrar. A domain registration registered with 305 Internet will be renewed upon request and receipt of money due for renewal service.
305 Internet is not responsible for the loss of a domain registration due to unlawful conduct, expiration, or transfer. 305 Internet has procedures in place to assist domain customers with domain record updates. Update requests will be accepted only from the registrant or administrative contact on a domain record. Signature and picture identification are required. 305 Internet also adheres to lock domain procedures to aid in protecting the domain from an unauthorized transfer. Once a domain is registered to a customer, the domain registration record must be kept current by the domain registrant. Domain expiration notification is emailed to customers as a courtesy. 305 Internet is not responsible if domain expiration notices are not received by the domain contacts.
6. DOMAIN NAME OWNERSHIP UPON DELINQUENCY
Upon removal of an account due to a past due balance, any and all domain names associated with the account may become the property of 305 Internet. Domain names will then be used at 305 Internet’ discretion, as a domain alias for a 305 Internet-owned website and/or resold to an interested third party through the 305 Internet Domain Resale Program. Domain names can be returned to the original owner only in exchange for full payment of all past due amounts within 10 days of account removal.
7. ILLEGAL ACTIVITIES
The Virtual Web Server Internet Account and related electronic services may be used for legal purposes only. Any violations consistent with existing international, federal, state, and/or local laws will be grounds for immediate termination of services without monetary refund. This includes, but is not limited to, transmission, distribution, or storage of any material in violation of international, federal, state, and/or local laws, such as material protected by copyright, trademark, patent, and/or trade secret and/or other intellectual property right use without authorization. Gambling and pornography is also prohibited.
8. UNAUTHORIZED ACCESS
305 Internet does not allow or support any programs or scripts that attempt to open unauthorized ports and/or to circumvent any accounting system. This includes, but is not limited to, IRC, bots, sniffers, and scanners. Ports are filtered at the firewall level and such programs will not function.
9. UNSOLICITED EMAILS (“SPAM”)
Engaging, advertising, and/or participating in the sending of unsolicited email is expressly prohibited on all 305 Internet servers. Unsolicited email is defined as using any computer or electronic device to send unsolicited advertisement(s) or electronic mail to an electronic mail address of an individual with whom such person lacks a pre-existing and ongoing personal or business relationship, unless said individual provides express invitation and/or permission. Violators of this policy are subject to having their account(s) terminated without notice or refund.
10. BULK EMAILS
305 Internet servers are not designed for the needs of bulk emailing. Account Holder Client shall not participate in any bulk mailing practice that involves the reduction of server resources for other customers. Violators of this policy are subject to having their account(s) terminated without notice or refund. Bulk email is only allowable through the use of our separate 305 Press bulk email marketing services.
11. PROHIBITION ON EMAIL RESALE
Email accounts associated with an account may not be sold or given away to parties other than those with an interest in the business represented by that account.
12. SHARED SERVER / MAXIMUM CPU SECONDS
Account Holder Client understands that Virtual Web Server Internet Accounts are provided by 305 Internet on a shared server. Accordingly, Account Holder Client’s website and related services share space and resources with other Account Holder Clients. Poorly written CGI code consumes a vast amount of system resources; therefore, each Account Holder Client is allowed a maximum of 1000 CPU seconds each day. Any script(s) found to be in violation of this policy will be terminated immediately. 305 Internet can and will seek compensation for any damages resulting from said script(s).
13. DATA TRANSFER ALLOWANCE
Bandwidth limits are set in accordance to the corresponding web hosting package. Any traffic in excess of the monthly allowance will result in additional charges as stated in 305 Internet pricing plan.
14. SERVER UPTIME
305 Internet takes every step to ensure 100% uptime for all websites and related services. Account Holder Client acknowledges that certain issues can and do arise during the course of normal operations, and will not hold 305 Internet305 Internet responsible in the event of any service interruption which results in the loss of revenue, service(s), and/or customer(s). Network status is available at any time from Account Holder Client’s cPanel. Network issues are also documented under the Announcements Topic.
15. 305 Internet’s INTERESTS
305 Internet owns all right, title, and interest in 305 Internet trade names, service marks, inventions, copyrights, trade secrets, patents, and know-how related to the design, function, and provisions of services by 305 Internet, and in the related hardware and software systems. Sites designs by 305 Internet Designs are the sole property of 305 Internet. Site content such as media, text copy, files, etc. remain the property of the Account Holder Client. Backups of this data is the responsibility of the Account Holder Client. 305 Internet makes no claims to any trade names, service marks, inventions, copyrights, trade secrets, patents, or know-how acquired without infringing 305 Internet rights and used by Account Holder Client to promote and provide services to Account Holder Client’s customers. This agreement does not constitute a license to Account Holder Client to use 305 Internet trade names or service marks.
16. NON-DISCLOSURE AGREEMENT
By reason of his/her relationship with 305 Internet, Account Holder Client may have access to certain information and materials relating to 305 Internet business, services, customers, software technology, and/or marketing strategies that is confidential and of substantial value to 305 Internet. Account Holder Client agrees not to disclose any of the aforementioned information to any third party. The provisions of this section shall survive the termination of the agreement for any reason.
17. THIRD PARTY CONTENT
Under Section 230 of the CDA (47 U.S.C. sec. 230), 305 Internet “shall not be treated as the publisher or speaker of any information provided by another information content provider.” 305 Internet is not liable in any way for any statements made on its servers to, by, or regarding any third party.
18. VALIDITY OF THIS AGREEMENT
This agreement constitutes the entire agreement between parties and supersedes all prior understanding and agreements concerning the related services. It shall not be modified or altered by written instrument duly executed by the parties. Should any provision of this Agreement be held by a court of law to be illegal, invalid, or unenforceable, the legality and enforceability of the remainder of the provisions of this Agreement shall not be affected or impaired.
19. MODIFICATIONS TO THIS AGREEMENT
Account Holder Client agrees to abide by any updates made to this agreement.