Web Hosting User Agreement

The following words used in context of the Use Agreement are defined as follows:
"Provider": American CyberSpace® web Hosting Services.
"Client": The person or entity who is applying for Virtual Server/Virtual Hosting services.

1. The agreement contained in this Contract constitutes the sole agreement between the Provider and Client regarding its Virtual Server service. This agreement shall be governed and construed in accordance with the laws of the State of New York.

American CyberSpace® provides web hosting to numerous clients which means that we have a responsibility to protect each client and to provide the best services available. The following guidelines were established to ensure these crucial obligations are met.

These Policies, Guidelines, and Disclaimers are intended for all domains residing on American CyberSpace® servers, including regular hosting clients, resellers, and their clients. We ask that all clients reselling our hosting services in any way, including those providing non-virtual hosting services, implement these same Policies, Guidelines, and Disclaimers into their own web sites to ensure that the same are understood and met by their clients.

2. RESELLERS:

Resellers and their clients are bound by these same Policies, Guidelines and Disclaimers. By reselling and purchasing American CyberSpace® services, you hereby agree that American CyberSpace® shall not be held liable for any promises or failure of same that Reseller's extend to their clients, including but not limited to, quality of service, financial obligations, financial losses or any other claim NOT provided to Reseller in writing by American CyberSpace®. It is the legal duty and obligation of the Reseller to provide these policies and guidelines to its client(s).

3. 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 e-mail address which is not the valid reply address of the sender or sending an e-mail 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 American CyberSpace® by spamming from some other source), trolling (posting controversial messages in newsgroups to generate responses), mailbombing (inundating a user with e-mail without any serious intent to correspond), generating a higher volume of outgoing mail than a normal user (20% 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 e-mail address available to the public does not constitute a request to receive messages. Distribution of mass e-mailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distributed unsolicited e-mail. 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: <abuse@amcy.org> . We also do not allow sites selling spamware.

A) Age:

The client must be at least 18 years of age to signup for and use web hosting services with American CyberSpace® .

B) 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. American CyberSpace® 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, American CyberSpace® will not substitute itself for a court of law in deciding tort claims raised by the third party.

C) Abuse of the law:

American CyberSpace®’s 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 MP3's, MPEG's, ROM's, 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 US 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. American CyberSpace® reserves the right to check system files, e-mail, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary.

D) Pornography:

Pornography and sex-related merchandising, or links to such material, even if legal, is not an acceptable use of American CyberSpace®’s servers.

E) Abuse of American CyberSpace®'s Server Resources:

Running programs in the background on our servers without prior written/e-mail authorization by American CyberSpace® e.g. running chat rooms, Internet Relay Chat, IRC bots, and the like is not acceptable use of our servers. Furthermore, any usage of twenty percent (20%) or more of our system resources is an undue burden on our system and is unacceptable. If your usage ever exceeds twenty percent (20%) of system resources, you will be contacted and asked to eliminate the problem. In addition, any domain that exceeds ten gigabytes of  bandwidth traffic can be terminated without prior notice.

F) Hacking/Cracking:

American CyberSpace® reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution.

G) 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 ask abuse@amcy.org

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.

4. CLIENT RESPONSIBILITY:

The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. Use of American CyberSpace®'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, FTP'ing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage 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 American CyberSpace® to provide this knowledge or support outside matter specific to American CyberSpace®'s servers.

5. BACKUPS:

Full backups are made weekly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implies, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients’ responsibility to maintain local copies of their web content any information. If loss of data occurs due to an error of American CyberSpace®, American CyberSpace® will attempt to recover the date 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, American CyberSpace® will attempt to recover the data from the most recent archive for a $50.00 fee.

6. IP NUMBERS:

American CyberSpace® 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.

7. MONEY BACK GUARANTEE:

A) Regular Hosting Clients - Should you become unsatisfied with our services within the first 30 days of your account activation, American CyberSpace® will refund your hosting fee.

B) Individual Reseller's and Bulk Reseller's - In the event that you become unsatisfied with our services within 30 days of your reseller account activation, only your initial account fees will be refunded. Once you have added a resold account to your Reseller Plan you will no longer qualify for the money back guarantee/refund. WE CAN NOT BE HELD LIABLE FOR ANY FEES THAT YOU CHARGE YOUR CLIENTS.

C) American CyberSpace® does not refund fees which you have paid to InterNIC or any other Internet Domain Name Registrar.

8. LIMITATION OF LIABILITY:

A) American CyberSpace® shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from American CyberSpace®’s servers going off-line or being unavailable for any reason whatsoever. Further, American CyberSpace® 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 American CyberSpace®’s servers. All damages shall be limited to the immediate termination of service.

B) American CyberSpace® shall be the sole arbiter of what is and is not a violation of these acceptable use policies. American CyberSpace® reserves the right to terminate an account at any time and for any reason that causes harm to any American CyberSpace® customer's web sites. American CyberSpace® reserves the right to delete all content and files upon termination. American CyberSpace® reserves the right to withhold any prepaid funds for any site removed for violations of these policies. American CyberSpace® reserves the right deactivate the Client's Virtual Server account(s) upon an indication of credit problems including delinquent payments. American CyberSpace® reserves the right to refuse, cancel, or suspend service at our sole discretion.

C) American CyberSpace® reserves the right to change these Policies without prior notice or warning. Non-enforcement of any part of these Policies does not constitute consent.

D) The client understands that the Internet is neither owned nor controlled by any one entity; therefore, American CyberSpace® can make no guarantee that any given reader shall be able to access American CyberSpace®'s server at any given time. American CyberSpace® represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible.

E) THE PROVIDER SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. THE PROVIDER GIVES NO WARRANTY, EXPRESSED OR IMPLIED, FOR THE VIRTUAL SERVER SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THIS NO WARRANTY EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY PROVIDER OR ITS PROVIDERS BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES.

F) Provider is not responsible for any damages arising from Client's use of Provider or by Client's inability to use the Virtual Server services for any reason.

Violations of these Policies should be referred to abuse@amcy.org

All complaints will be investigated promptly.