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Terms of Service and
Server Usage Policies
TERMS OF SERVICE & USE POLICY |
The following polices are enforced in order to maintain healthy servers and a worry free hosting environment for all users. These policies are strictly enforced and all users agree to and become bound by these policies upon submitting an application for an account on our servers.
In the event that any user disagrees with the policies as set forth, the user must terminate their account and cease all activity on Anvana servers.
In the event that Anvana does not act upon any violation at first knowledge of such violation, does not constitute our consent, and Anvana reserves the right to, at any time, act upon and take necessary steps to cease such activity at our discretion.
Age. All users must be 18+ years of age to obtain and/or utilize our service.
Technical Support & Communicating with Anvana:
Technical Support, Billing Issues, Account Inquiries, and all other communications between Anvana staff members and Clients are handled through the Account Management Area located at https://servb.webbserv.net/~anvana/account-management/login.php or through our general support form located at General Support.
All users are required to utilize this area to communicate with Anvana. This area has various forms pertaining to different subjects and are setup to deliver to the appropriate staff member currently online, when in doubt regarding which form to use for your particular request, users should always submit the Technical Support Request Form. Communicating with Anvana in any other method will not guarantee a response.
UNACCEPTABLE ACTIVITIES:
These include spamming (sending unsolicited advertising to those with which the customer has no existing business relationship, posting off-topic advertising in newsgroups); spoofing (using a return email address which is not the valid reply address of the sender or sending an email message which does not contain enough information to enable the recipient to identify the party who is really sending the message; passive spamming (promoting a web site hosted by Anvana by spamming from some other source), trolling (posting controversial messages in newsgroups to generate responses), mailbombing (inundating a user with email without any serious intent to correspond), generating a higher volume of outgoing mail than a normal user (10% or more of available system resources), and subscribing someone else to an electronic mailing list without that person's permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distribute unsolicited email. Any customer repeatedly "mailbombed" or that attracts such behavior will be asked to leave. If you are not sure if your actions will be in violation, please ask first by submitting a support request or emailing our Legal Department.
Any user found to be in violation of our spamming Policy as stated above, will be immediately terminated from our server without any prior notice or immediately suspended depending on the extent of, and necessary investigation of, any complaints received.
Spam Relaying:
Any account that uploads/contains any script that would allow spam to be relayed through our servers is in violation of these Policy's. Users cgi-bins containing such scripts will be disabled to prevent further relaying and a notice will be sent to the user providing them with 24 hours to remove the offending script(s) from their account. If said scripts are not removed within the 24 hour allowance or future complaints are received against the account in question after script removal, the offending account will be permanently terminated from our servers without further notice or access.
Abuse of the legal rights of others:
Examples of unacceptable activities in this regard include posting private information about a person without their consent, infringing intellectual property rights, defaming a person or business, and knowingly making available code which will have a deleterious effect on third party computers. Anvana supports free speech on the Internet, and will not suspend or cancel a customer's account simply because it disagrees with the views expressed by the customer. Where there are allegations that a customer's on-line activity has violated the legal rights of a third party, Anvana will not substitute itself for a court of law in deciding tort claims raised by the third party.
Abuse of the law:
Anvana services may be used for lawful purposes only. Illegality includes but is not limited to: drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEG's, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited. Anvana reserves the right to check system files, email, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary.
Pornography:
Pornography and sex-related merchandising, or links to such material, even if legal, is not an acceptable use of Anvana servers.
Abuse of Anvana's Server Resources and Disk Space:
Running programs in the background on a Anvana server without Anvana's prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses of Anvana servers and violator's will be deleted from servers without prior notice.
Anvana provides a shared hosting environment. Any activity that places a strain on any server, also places undo strain on others sharing the server. Any account consuming twenty percent (20%) or more of our system resources is an undue burden on our system and other users and is unacceptable. If your usage ever exceeds twenty percent (20%) of system resources, the offending process will be terminated and your account will be suspended without prior notice and you will be sent an email and provided 24 hours to acknowledge and comply to the demands of the email notice. In the event that we receive no response from you within the 24 hour period, your account will be permanently terminated from our servers.
Hacking/Cracking:
Anvana reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution.
TRAFFIC USAGE RESTRICTIONS:
Each account plan comes with a pre-determined amount of bandwidth allowance. We monitor all usage of the domains residing on our servers. Sites that exceed or have reached 80% of their allotted allowance will receive an email from the system to make you aware of your usage and provide you with the opportunity to purchase additional bandwidth from the Account Management Area. Our account plans include a substantial amount of bandwidth and we rarely see a client exceed his or her allowance, however, it is possible and following is a list of sites that could possibly require more bandwidth than what is allotted for their specific account plan: Multiple domains residing at a single IP address, domains with archives or galleries, (i.e. .gif, .jpg, .exe, .zip, .tar, etc.), domain accounts offering download files, running cgi scripts. (Note: This is only a sample list of sites that may consume more traffic than is what allowed them.)
OTHER BEHAVIOR:
The following examples of unacceptable behavior are non-exclusive, and are provided for guidance purposes. If you are unsure if your actions will be a violation of our policies please submit the technical support request form or email questions to our Legal Department.
Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network Attempt to circumvent any user authentication or security of host, network, or account. Accessing data not intended for user. Probing the security of any network. Spawning dozens of processes. Port scans, ping floods, packet spoofing, forging router information, Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land, teardrop. Promulgation of viruses. IRC bots such as eggdrop or BitchX. Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken. The presence of any of these programs, whether or not run, will result in action against the user including suspension or termination.
SYSTEM RESOURCES:
If at any time your site extensively exceeds more than 20% of our systems resources in one day, your account will be deactivated immediately without notice and you will have to contact us for reactivation.
CLIENT RESPONSIBILITY:
The client is responsible for all activity originating from their account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password for the protection of both Anvana servers and the users account. Use of Anvana's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. Front Page web publishing: knowledge of the Front Page tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of Anvana to provide this knowledge or support outside matters specific to Anvana's servers unless otherwise agreed to in writing by Anvana and customer.
BACKUPS:
Backups are made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. We STRONGLY recommend that you perform your own backups of your site. Server backups are made for server restoration purposes only. It is the clients responsibility to maintain local copies of their web content and any other information that is stored on your domain account. If loss of data occurs due to an error of Anvana, Anvana will attempt to recover the data for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, Anvana will attempt to recover the data from the most recent archive at no charge. Although we attempt to recover backups, we must stress to you, we can not guarantee the quality of or the lack of any results. All users have the ability to back up their entire account by utilizing the feature inside their control panels, we recommend that backups be performed after any changes to users sites.
IP NUMBERS:
Anvana maintains control and any ownership of any and all IP numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
BILLING POLICIES:
The billing name that will appear on all credit card and banking statements will be Anvana. Questions regarding any billing related issues should be submitted through the appropriate form located in the Account Management Area or by emailing our Billing Department
Hosting Clients: All hosting clients are setup with recurring billing. Users credit card or checking account will be automatically be billed on their billing date each month until account is cancelled via the Account Cancellation Form located in the Members Area of our web site. All billing occurs at 3:00 AM EST each month on the anniversary date the account was activated.
Hosting Clients Paying Annually: Clients paying for their hosting fees annually will receive an invoice 2 weeks prior to account fee due date. Fees are paid via the secure forms located on Anvana's site. In the event that annual paid accounts are not paid by the date and time provided on the invoice sent the account will automatically be suspended. Any account suspended will be deleted from our servers after 5 days.
Web Design/SEO Services: These services require a 50% down payment and a signed contract prior to any work commencing and the remaining 50% will be due upon completion of final release. Design and SEO services are paid for by check via our secure payment forms located on Anvana's site. Credit card payments are not acceptable for design and SEO work. Design and art work remain the property of Anvana until work is paid in full.
Site Maintenance/Changes: Anvana will perform site maintenance/changes at an hourly rate as agreed to by Anvana and client. Maintenance fees are automatically billed to the checking account on file for client upon completion of any work.
Special Programming and/or One Time Fees: These fees are due before any work commences and are paid for via check using the secure payment forms located on Anvana's site.
Invoices / Statements: These will be sent via email ONLY each month to the email address on file for client.
Unpaid Accounts: In the event that a users credit card or checking account is declined for their recurring fees we will email the client and provide them 48 hours to provide a new credit card for billing their account. In the event that new billing information is not provided within the given time, the account will be suspended until billing information is updated and payment is successful. Any account suspended will be deleted from our servers after 5 days.
MONEY BACK GUARANTEE:
Money Back Guarantee applies to new clients only.
Hosting Clients - Month to Month paying clients: Should you become unsatisfied with our services within the first 30 days of your account activation, Anvana will refund your hosting fee. This applies to first time hosting customers only.
Annual Paying Clients - Clients paying their accounts for a year in advance ARE NOT ELIGIBLE for refunds on their accounts. We ask that all clients try us for 30 days before paying for a year.
Design & SEO Services - Anvana will provide a quote for all work to be done. Upon acceptance of the quote client will be required to pay 25% of total due which is non-refundable. Upon receipt of the 25% down Anvana will design a 2 page preview of work requested, which will be posted on the Anvana servers for clients review, upon clients acceptance of the preview, an additional 25% down will be required in order for work to commence. Once client accepts the preview and work commences all monies paid will be non-refundable. Upon completion of all work client will be required to pay remaining 50% due. Design and artwork remain the property of Anvana until work paid in full by client.
Anvana does not refund fees which have been paid to register any domain names.
LIMITATION OF LIABILITY:
Anvana shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Anvana's servers going off-line or being unavailable for any reason whatsoever. Further, Anvana shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Anvana's servers. All damages shall be limited to the immediate termination of service.
Anvana shall be the sole arbiter of what is and is not a violation of these acceptable use policies. Anvana reserves the right to terminate an account at any time and for any reason that causes harm to any Anvana customer's web sites. Anvana reserves the right to delete all content and files upon termination. Anvana reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. Anvana reserves the right to refuse, cancel, or suspend service at our sole discretion.
Anvana reserves the right to change these Policies without prior notice or warning. Non-enforcement of any part of these Policies does not constitute consent.
Clients should review these Policies every two weeks for changes and additions.
Violations of these Policies should be referred to our Legal Department.
All complaints will be investigated promptly.
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