This Acceptable Use Policy
represents the complete agreement and understanding between
Advanced Network Solutions, Inc.(hereinafter
called "ANS") and the account holder (hereinafter
called "Customer") and supersedes any other written
or oral agreement. Upon 30 day written notice to Customer,
ANS may modify these terms and conditions as well as discontinue
or change services offered. Furthermore, ANS reserves the
right to remove your site(s) and / or email services from
our web and / or email servers for lack of payment and or
continual late payments.
1. ANS makes no warranties of any kind, whether expressed
or implied, for the service it is providing. ANS also disclaims
any warranty of merchantability or fitness for a particular
purpose. ANS will not be responsible for damages the Customer
suffers. This includes loss of data resulting from delays,
non-deliveries, misdeliveries, or service interruptions
caused by its own negligence, subscriber's errors or
omissions,
or due to the fault of third parties.
2. Customer agrees to defend, hold harmless and expeditiously
indemnify ANS from any liability, claim, loss, damage or
expense arising out of the indemnifying party's breach
or violation of any covenant contained in this Policy and
resulting
from the Customer's use of the hosting and / or email services.
3. ANS hosting services cannot be transferred or used by
anyone other than the Customer. Customers may not sell,
lease, rent or assign web server resources to any party
not named
in this Policy.
4. Customer may have FTP access for Customer's web site
directory only; Customer may not allow FTP access to non-Customers
to ANS's web servers or resources without expressed written
permission from ANS. If Customer provides FTP access to
non-Customers,
Customer violates this Acceptable Use Policy and ANS reserves
the right to cancel Customer's hosting service and/or increase
billing.
5. Customer may not post or configure database applications,
server-side includes (SSI) applications, databases, CGI
scripts, COM objects, ODBC data sources, stored procedural
calls,
search engines, or any third-party applications or code
without the expressed written permission from ANS. If Customer
violates
this provision, ANS reserves the right to cancel Customer's
hosting and email services and/or increase billing.
6. Hosting services provided to the Customer by ANS may
only be used for lawful purposes. Transmission or publication
of any information, data or material in violation of any
U.S. Federal or state regulation or law is prohibited.
Customer
agrees not to transmit, promote, or otherwise make available
any software, product or service that is either illegal
or designed to violate this Policy. Such software, products
or services include, but are not limited to, software or
other programs designed to send unsolicited advertisements
(i.e. "spamware") and services which send unsolicited
advertisements or promotional materials to other network
users (SPAM and UCE).
7. Customer shall ensure that its use of ANS's web server
resources shall not disrupt ANS, its associated networks
or equipment (for example, excessive pinging of the ANS
web server to overload system resources.) In instances
in which
an excessive amount of system resources are utilized by
a Customer, ANS reserves the right to place CPU process
limits
on the Customer's account to prevent disruption of service
to other Customers.
8. Customers shall not transmit any communication where
the meaning of the message, or its transmission or distribution,
would violate any applicable law or regulation or would
likely
be offensive to the recipient thereof. Use of ANS's web
server resources in a manner that is disruptive, damaging,
unlawful,
offensive, or intrusive as determined by ANS or any third
party shall be considered a breach of this Policy and may
result in cancellation of hosting and email service. This
prohibition extends to sending of unsolicited mass emailings
from another service which in any way implicates the use
of ANS's hosting service, ANS's equipment or any site hosted
on any ANS web server.
9. Customer may not upload, post, publish, transmit, reproduce,
or distribute in any way, information, software or other
material obtained through the hosting service which is
protected by copyright, or other proprietary right, or
derivative works
with respect thereto, without obtaining permission of the
copyright owner or rightholder. Customer further warrants
that any material submitted for publication on ANS's web
server does not violate or infringe any copyright, trademark,
patent, statutory common law or proprietary interest of
others or contain anything obscene or libelous. ANS reserves
the
right to remove any and all materials which infringe on
copyright work. Such materials will be removed at any time
upon receiving
a complaint and or notice of copyright infringement.
10. Customer may not post or transmit any unlawful, threatening,
abusive, libelous, defamatory, obscene, pornographic, profane,
or otherwise objectionable information of any kind, including
without limitation any transmissions constituting or encouraging
conduct that would constitute a criminal offense, give
rise to civil liability, or otherwise violate any local,
state,
national or international law, including without limitation
the U.S. export control laws and regulations.
11. Customer may not post or transmit any information or
software which contains a virus, cancelbot, trojan horse,
worm or other harmful component.
12. Use of ANS's hosting services could involve listing
Customer's participation in relevant directories, and Customer
expressly
grants permission for such listings.
13. Transferring your domain to another provider does not
constitute canceling your ANS hosting service. You must
notify ANS in writing to formally cancel your hosting service
with
ANS to avoid further charges. If Customer desires to transfer
their web site files to another provider, ANS reserves
the right to charge Customer up to $250.00 for the necessary
time, labor, and equipment needed to help Customer and
or
their new hosting provider access said files.
14. On occasion, ANS may have a need to communicate with
its Customers through e-mail issues related to billing,
as well as changes, additions and modifications to the
network.
It is the responsibility of the Customer to check e-mail
sent to the primary login e-mail address on the account.
15. ANS uses commercially reasonable efforts to provide
system backup for Customer's E-mail account(s). However,
due to
increasing security risks including, but not limited to,
viruses, intrusion attempts, disruptions in the Internet
and other situations that may destroy transient messages
before they can be backed up. ANS shall not be held responsible
for any lost E-mail data, email attachments, or any E-mail
message contents, regardless of the reasoning for data
loss or system causes. Except as otherwise set forth herein,
ANS
will not share Customers' web site activity and / or historical
data to any party for any reason, regarding any system
or Internet activity, without the express written request
from
the Customer.
If you do not understand any of the terms and conditions
of this Policy, please forward your questions to security@anscorp.com
or call us at (330) 645-4266.
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