Terms and Conditions:
Ordering:
Please read the following Terms Of Service agreement before proceeding, then continue ordering. These policies to are designed to protect the best interests of our customers as a whole. Archive Farm Inc's policy is to act as a neutral provider of access to the global Internet. We reserve the right to suspend or cancel a customer's access to any or all services provided by us if it is decided that the account has been inappropriately used.
All shared hosting services services are intended for the end user only and may not be subleased, sold or given to third parties.
Archive Farm Inc. is a web presence provider allowing a client's web site to be accessed via the client's domain name (i.e clientdomainname.com) by anyone with access to a web browser connected to the Internet. Archive Farm Inc. provides the disk space in which the files composing Client's web site reside and a connection capable of transmitting said files to End User. Said services are often referred to as "Web Hosting."
Archive Farm Inc. only handles the registration process for Client's domain name if specifically requested by the client. Archive Farm Inc. in no way holds any responsibility for payment of fees required by ICANN for Client's domain name, expect per section 14 of these policies. Client agrees to pay all charges requested by ICANN accredited registrars who will bill client separately without any contact with Archive Farm Inc.
Any products and services to be provided to Client will be at a professional level of quality conforming to generally accepted industry standards and in compliance in all material respect with all applicable laws and regulations. Except as otherwise expressly provided in this agreement, Archive Farm Inc. does not make, and hereby disclaims any and all other warranties, expressed or implied including any and all warranties of merchantability or fitness for a particular purpose.
2. Authorization of Credit Card Charges
Client authorizes Archive Farm Inc. to charge credit card supplied by Client per month. If Client requests additional storage space Client authorizes Archive Farm Inc. to charge an additional price listed by Archive Farm Inc.
If verification of Client's supplied credit card information fails requested charge by Archive Farm Inc. for initial annual fees or for any of the annual fees thereafter Archive Farm Inc. reserves the right to refuse, suspend, or cancel service pending Archive Farm Inc's receipt of valid credit card information from Client. Client agrees to notify Archive Farm Inc. of any changes to Client's credit card information.
3. Content Restrictions
All services provided by Archive Farm Inc. may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States federal, state, or local law is strictly prohibited. This includes but is not limited to copyrighted or trademarked material and material protected by trade secret.
Warez Policy: Actual files, including but not limited to pirated software, hacker programs, cracks, and MP3 files, are strictly prohibited from being stored on any Archive Farm Inc. servers.
Examples of unacceptable content include, but are not limited to the following: Pirated software, Hacker programs or archives, illegal MP3 files or archives.
IRC servers are strictly prohibited.
Archive Farm Inc. reserves the right to remove any material from Client's web space that is deemed unacceptable by us. Archive Farm Inc. reserves the right to terminate Client's account without refund at our discretion if said material is discovered. Archive Farm Inc. is the sole arbiter as to what constitutes a violation of the above provisions.
3.b
3.b is only applicable to virtual hosting and reseller accounts. No site may use more than 15% of the total server output at any given time.
Adult Sites (pornographic) are prohibited on shared/virtual hosting and shared/reseller accounts.
Mailing Lists with over 2,000 members are prohibited on shared/virtual hosting and shared/reseller accounts.
Web Based forums with over 2,000 members are prohibited on shared/virtual hosting and shared/reseller accounts.
Archive Farm Inc. reserves the right to suspend any client which violates section 3 of our Terms Of Service.
4. CGI/PHP Application Restrictions
Section 4 is only applicable to virtual hosting and reseller accounts. The Client is allowed to freely install CGI/PHP applications; however, Archive Farm Inc. reserves the right to disable any application that unreasonably effects or interferes with normal server operations. Said situation is highly unlikely.
5. Spam Policy
Archive Farm Inc. servers may not be the source, intermediary, or destination address involved in the transmission of Spam, Spamware and other Spam Software, flames, or mail bombs. Client's domain or IP may not be referenced as originator, intermediary, or reply-to address in any of the above.
Archive Farm Inc. considers Spam to be any mass unsolicited message in the mediums of newsgroups and e-mail.
The actions stated above will not be tolerated. Violation will result in the immediate deactivation of services without refund of any kind. Furthermore, a fine of one-hundred (100) US dollars will be imposed for each spam policy violation. Archive Farm Inc. is the sole arbiter as to what constitutes a violation of the above provisions.
6. Server Abuse
Any attempt to undermine or cause harm to a Archive Farm Inc. server or another Archive Farm Inc. Client is strictly prohibited.
Any attempt to undermine any Archive Farm Inc. web site or a web site of another Archive Farm Inc. Client is strictly prohibited and may result in immediate termination of services rendered by Archive Farm Inc. without refund. Archive Farm Inc. is the sole arbiter as to what constitutes a violation of the above provisions. A fine of two-hundred (200) USD may be implemented for intentional server abuse.
7. Indemnification
Client agrees that it will defend, indemnify, and hold harmless Archive Farm Inc. from any and all demands, fines, liabilities, losses, costs, claims, and expenses, including attorney's fees, asserted against Archive Farm Inc, its employees, officers, agents, and directors that may arise or result from any service provided or performed, or agreed to be performed, or any product sold by Client, its employees, officers, agents, and directors.
The Client agrees that it will defend, indemnify, and hold harmless Archive Farm Inc. against any liabilities, including but not limited to, those arising out of (1) any injury to person or property caused by any product sold or service rendered or otherwise distributed in connection with Archive Farm Inc's servers; (2) any material supplied by the Client infringing upon or allegedly infringing upon the proprietary rights of a third party; (3) copyright infringement; and (4) any defective products sold to the Client's customer from Archive Farm Inc's servers.
Archive Farm Inc. assumes no liability of the Client for failure to follow this Agreement and any results caused by the acts, omissions or negligence of the Client, sub-contractor or an agent of Client or an employee of any one to them, including, but not limited to, claims of third parties arising out of or resulting from or in connection with the Client's products, messages, programs, caller contracts, promotions, advertising, infringement or any claim for libel or slander or for violation of copyright, trademark or other intellectual property rights.
8. Disclaimer
Archive Farm Inc. will not be held responsible for any damages you or your business may suffer. Archive Farm Inc. makes no warranties of any kind, expressed or implied, for services rendered. Archive Farm Inc. disclaims any warranty or merchantability or fitness for a particular purpose. Archive Farm Inc. assumes no liability for disruptions or improper operation of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, Internet disruptions, human error, extreme or severe weather conditions or any other causes in the nature of "Acts of God" or force majeure. Archive Farm Inc. will not be responsible for consequential damages or punitive or exemplary damages under any circumstances. In no case will Client be entitled to recover damages from Archive Farm Inc.
9. Term
The term of this Agreement will continue until a notice of cancellation by Archive Farm Inc. or Client is given, or until terminated under other provisions of this Agreement. Archive Farm Inc. reserves the right to terminate this Agreement with cause upon notification to the Client. Archive Farm Inc. may further terminate this Agreement immediately without notice at any time the Client breaches any part of this Agreement, or if any program or facility used by Archive Farm Inc. to implement this Agreement is disrupted or terminated for any reason.
9.b
9.b is only applicable to Virtual Hosting Accounts. CLIENT may request Archive Farm Inc. refunds money within 30 days after sign up has taken place. CLIENT will be refunded the full amount they have paid. If 30 days have past CLIENT may cancel contract, however, CLIENT forfiets monies paid to Archive Farm Inc. CLIENT may cancel account with Archive Farm Inc. and be removed from billing, thereby stopping all future charges. CLIENT agrees that by entering coupon ireadthetos on a new order for a shared hosting plan, which includes special 1, ultra mini, mini, and mega, that they are entitled to 15 percent off the cost of the plan as long as they remain active clients. CLIENT also agrees if coupon is not entered upon ordering that the discount is not valid.
9.c
These policies can be modified or changed by Archive Farm Inc. In most cases Archive Farm Inc. will inform client of any major policy changes.
Please check from time to time for policy changes at www.archivefarm.com/terms.html and www.archivefarm.com/sla.html.
10. Presumption of Agreement
By signing up with Archive Farm Inc, be it using Archive Farm Inc's online sign up form or contacting in any way an employee, officer, agent, and director with request for Archive Farm Inc. to provide Client services, Client (1) authorizes Archive Farm Inc. to take the actions necessary in order to setup Client's account, including charging credit card supplied by Client at time of sign up; and (2) agrees to each and every provision set forth in this Agreement and shall hold to said Agreement in the court of law.
11. Default
In the event Client defaults in any provision or fails to perform pursuant to this Agreement, Archive Farm Inc. will be entitled to damages, costs, and attorney's fees from the Client.
12. Invalid or Non-enforceable Provisions
The invalidity or non-enforceability of any provision of this Agreement, as so determined by a court of competent jurisdiction, will not affect the other provisions hereof, and in any such occasion this Agreement will be construed in all respects as if such invalid or non-enforceable provision were omitted. This agreement constitutes the entire agreement between the parties hereto.
13. Choice of Law / Venue
This Agreement will be construed and enforced in accordance with the laws of the State of CA and the venue for any action, dispute or proceeding with respect to this Agreement will be CA.
Captions
The captions in this Agreement are for convenience only and will not be used in interpreting, construing, performing or enforcing this Agreement.
Amendments and Modifications
Archive Farm Inc. may make amendments or modifications to this Agreement at any time. Whenever practical, Archive Farm Inc. will notify Client of changes to this Agreement.
Clients are responsible for frequently backing up their files on our system. Archive Farm Inc. cannot be held responsible for the deletion of users' files, whether intentional or unintentional.
14. Domain Agreement
Archive Farm Inc. may provide new top level domain name for new clients as requested by them, on packages with specifically state this. These domain names carry no charge for renewals thereafter to the client while client remains hosted at Archive Farm Inc. The client is responsible for renewing domain name by contacting the sales department. Should client decide to switch hosting providers, client agrees to pay yearly fee listed on the Archive Farm Inc. website for domain name registrations.
15. Email/Mailing List Policy
1) Mailing lists must be double opt in lists.
2) Messages must have clear removal instructions and valid headers.
3) Removal requests must be completed with in 24 hours.
4) Messages must include details on how the user subscribed. These details must be provided to Archive Farm Inc. on our request.
5) Excessive complaints may result in account termination.
6) Archive Farm Inc. reserves the right to charge $100 fee for IPs which are blacklisted due to failing to adhere to Archive Farm Inc. policies.
16. Abuse Complaints
All abuse complaints must be responded to no later than 72 hours after the complaint is made. Failure to reply may result in account termination. Archive Farm Inc. reserves the right to remove files which do not adhere to our terms of service, local, state, or federal laws. |
