This document (the “Agreement”) sets forth the principles, guidelines and requirements of the Terms of Service of Austenite Web Hosting, Sole Trader (the “Company”) governing the use by the customer (“Customer”) of Company’s services and products (“Services and Products”). These Terms of Service have been created to promote the integrity, security, reliability and privacy of Company’s facilities, network, and Customer data contained within. Austenite Web Hosting believes it provides the best services in the industry, and provides the following policies in the best interests of Austenite Web Hosting and Austenite Web Hosting’s clients. Austenite Web Hosting retains the right to modify these Terms of Service at any time and from time to time and any such modification shall be automatically effective as to all customers when adopted by Austenite Web Hosting and published at http:// austenite.io . Austenite Web Hosting shall be the sole and final arbiter as the interpretation of the following. By utilizing Austenite Web Hosting’s services and products, the Customer agrees to be bound by the terms herein outlined. Questions or comments regarding this document should be forwarded to Austenite Web Hosting at the following address: [email protected]
Customer shall not post, transmit, re-transmit or store material on or through any of Services or Products which, in the sole judgment of Austenite Web Hosting (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”) or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by Customer. The Customer agrees to indemnify and hold harmless Austenite Web Hosting from any claims resulting from the use of the services which damages the Customer or any other party. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.
In addition to the other requirements of these Terms of Service, Customer may only use the Services and Products in a manner that, in Austenite Web Hosting’s sole judgment, is consistent with the purposes of such Services and Products. If Customer is unsure of whether any contemplated use or action is permitted, please contact Austenite Web Hosting as provided above. By way of example, and not limitation, uses described below of the Services and Products are expressly prohibited.
Pornography and pornographic related merchandising are prohibited under all Austenite Web Hosting’s services. This includes sites that include links to pornographic content elsewhere. Further examples of unacceptable content or links include pirated software, “hacker” programs, uTorrent, BitTorrent, torrents, Peer-to-Peer software, anonymous/public proxies, proxy services, archives of “Warez Sites”, game rooms or MUDs, IRC Bots, IRC, Egg Drop programs, any kind of illegal software or shareware. In addition, sites offering online gambling, casino functionality, sportsbook betting (including offshore), and internet lotteries are prohibited. Your hosting account cannot be used for: Backup storage, Online storage, File sharing services, Movie storage, Photo storage, Software storage, Copyrighted content storage, Illegal, Abusive or Offending file storage, Document Archives or any other type of Archive, File Backups (with the exception of a single cPanel backup generated from your cPanel), log files, etc. Austenite reserves the right to remove such files from the user account with or without notice to the client. Austenite also reserves the right to remove any single files larger than 1GB from the user account regardless of the content of the file with or without notice to the client. Austenite also reserves the right to clean up a user account by removing files which fall under the criteria of files that may not be hosted on Austenite accounts, if there are more than 250.000 files on a single account, with or without notice to the client. Austenite also reserves the right to disable the account which holds more than 150,000 files until the relevant shared hosting account is upgraded by the client to a VPS service where such limitation is not applied.
3.1.2. Violations of the rights of any Person protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations, including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by Customer.
3.1.3. Actions that restrict or inhibit any Person, whether a customer of Company or otherwise, in its use or enjoyment of any of Austenite Web Hosting’s Services or Products.
3.2. System and Network
3.2.Introduction of malicious programs into Austenite Web Hosting’s network or server (e.g., viruses and worms).
3.2.2. Effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which Customer is not an intended recipient or logging into a server or account that Customer is not expressly authorised to access. For purposes of this Section 3.2.2., “disruption” includes, but is not limited to, port scans, flood pings, packet spoofing and forged routing information.
3.2.3. Executing any form of network monitoring which will intercept data not intended for the Customer’s server.
3.2.4. Circumventing user authentication or security of any host, network or account.
3.2.5. Interfering with or denying service to any user other than Customer’s host (for example, denial of service attack).
3.2.6. Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable, a user’s terminal session, via any means, locally or via the Internet.
3.2.7. Creating an “active” full time connection on a Company-provided account by using artificial means involving software, programming or any other method.
3.2.8. Any attempt to circumvent or alter monitoring, bandwidth tracking or utilization reporting, or other actions which have the effect of complicating the normal operational procedures of Austenite Web Hosting, including but not limited to altering, removing or in any way modifying or tampering with Company created log files.
3.2.9. Any action which Austenite Web Hosting determines, in its own judgment, will reflect poorly on Austenite Web Hosting or negatively impact its operations.
3.2.10. Any action which Austenite Web Hosting deems to be an unacceptable use of resources, business practice or otherwise unacceptable to Austenite Web Hosting.
3.3.Furnishing false or incorrect data on the order form, contract or online application, including fraudulent use of credit card numbers.
3.3.2. Attempting to circumvent or alter the processes any billing procedures or procedures to measure time, bandwidth utilisation, or other methods to document “use” of Austenite Web Hosting’s Services and Products.
3.3.3. All plans operate on a 7 day money back policy.
3.4.Sending unsolicited commercial email messages (UCE), including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material, who were not previous customers of Customer or with whom Customer does not have an existing business relationship (“email spam”).
3.4.2. Sending UCE referencing an email address for any domain hosted by Austenite Web Hosting
3.4.3. Sending UCE referencing a domain hosted by Austenite Web Hosting
3.4.4. Sending UCE referencing an IP address hosted by the Austenite Web Hosting
3.4.5. Posting advertisements on IRC, ICQ, or any other public chat system containing an email address hosted by Austenite Web Hosting, a domain hosted by Austenite Web Hosting, an IP address belonging to Austenite Web Hosting
3.4.6. Austenite Web Hosting will be the sole arbiter as to what constitutes a violation of these provisions.
3.4.7. Harassment, whether through language, frequency or size of messages.
3.4.8. Unauthorized use, or forging, of mail header information.
3.4.9. Solicitations of mail for any other E-mail address other than that of the poster’s account or service with the intent to harass or to collect replies.
3.4.10. Creating or forwarding “chain letters” or other “pyramid schemes” of any type.
3.4.1Use of unsolicited email originating from within Austenite Web Hosting’s network or networks of other Internet Service Providers on behalf of, or to advertise, any service hosted by Austenite Web Hosting, or connected via the Austenite Web Hosting network.
3.4.12. Activities deemed to be unsolicited marketing efforts or otherwise harassing in any way.
3.5. Customer Support
3.5.Austenite Web Hosting promotes a mutually-professional relationship with its customers. Abusive, threatening, obscene or otherwise harassing communications with agents of Austenite Web Hosting, via telephone, email, online chat or other means will result in immediate account termination not withstanding any other terms of this agreement. Violation of this or any section of this Agreement will result in refund ineligibility.
4.Customer agrees to indemnify and hold Austenite Web Hosting harmless from any lawsuit, claim, charge, or expense, including reasonable attorney fees and costs of defense, for any matter arising from or relating to Customer’s Website provided hereunder.
4.2. Nothing contained herein shall be deemed to create a relationship between Austenite Web Hosting and the Customer in the nature of a partnership, joint venture, editorbrublisher or otherwise. Both parties acknowledge and agree that Austenite Web Hosting has no interaction with the data or substance of Customer’s Website, except as necessary to maintain the Website.
5.Customer agrees to take all steps reasonable, necessary, and prudent to protect Customer’s login ID and password.
5.2.Customer agrees not to attempt to undermine or cause harm to any server, software, system or customer of Austenite Web Hosting.
5.3. Customer agrees to maintain Customers’ computing equipment responsibly, including running virus software.
5.4. Uploading a virus to a Austenite Web Hosting server will result in account termination, service charges and/or prosecution.
5.5. Customer acknowledges that Austenite Web Hosting cannot provide technical support for any software and/or script that the Customer installs, other than variable name changes. Customer also acknowledges that the Austenite Web Hosting does not supply technical support for Microsoft FrontPage, other than initial configuration. Austenite Web Hosting supplies technical support for Web hosting issues only. Austenite Web Hosting shall be the sole arbiter as to what constitutes a “Web host” issue.
IN NO EVENT SHALL, AUSTENITE WEB HOSTING HAVE ANY LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF INFORMATION PROVIDED TO AUSTENITE WEB HOSTING, DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES. AUSTENITE WEB HOSTING, SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF AUSTENITE WEB HOSTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF AUSTENITE WEB HOSTING, TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO AUSTENITE WEB HOSTING, BY YOU UNDER THIS AGREEMENT DURING THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCURED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY AUSTENITE WEB HOSTING, UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE AUSTENITE WEB HOSTING FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION
6.BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
6.2. Interruption of Service
temporary delay, outages or interruptions of the Services. Further, Austenite Web Hosting shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure).
6.3. Maintenance You hereby acknowledge and agree that Austenite Web Hosting, reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems and network. austenite.io will use best efforts to notify you of pending maintenance however at no time is under any obligation to inform you of such maintenance.
6.4. Backups and Data Loss
Your use of austenite.io, servers and services is at your sole risk. austenite.io is not responsible for files and/or data residing on your server space. While complimentary backups may be provided by Austenite Web Hosting, You, the Customer agree to take full responsibility for files and data transferred to/from and maintained on your server space and agree that it is your own (the Customer’s) responsiblity to take backups of data residing on your shared hosting server space.
Any attempt to undermine or cause harm to Austenite Web Hosting server or another customer’s Web presence is strictly prohibited. Any violation of the above Terms of Service will result in grounds for account termination, with no refunds given; Austenite Web Hosting reserves the right to remove any account without prior notice. Violation of these Terms of Service may result in legal action, service charges or a combination thereof.
Customer acknowledges that by reason of their relationship, both the Customer and Austenite Web Hosting may have access to certain products, information and materials relating to the other party’s business, which may include business plans, customers, software technology, and marketing plans that are confidential and of substantial value to either party, respectively, and which value would be impaired if such information were disclosed to third parties. Consequently, both Austenite Web Hosting and the Customer agree that it will not use in any way for its own account or for the account of any third party, nor disclose to any third part, any such information revealed to it by either party, as the case may be.
The Customer and Austenite Web Hosting further agrees that each will take every appropriate precaution to protect the confidentiality of such information. In the vent of termination of this agreement, there shall be no use or disclosure by either party of any such confidential information in its possession, and all confidential documents shall be returned to the rightful owner, or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, either party shall be entitled to injunctive relief, which relief will not be contested by the Customer or Austenite Web Hosting.
9.Austenite Web Hosting reserves the right to refuse or cancel service in its sole discretion with no refunds.
9.2. If any of these Terms of Service are failed to be followed it will result in grounds for immediate account deactivation.
Austenite Web Hosting offers a 7 day moneyback guarantee for all web hosting packages. All refund requests must be submitted by ticket within the Austenite Web Hosting Billing portal found at https://austenite.io/myaustenite. Opening a PayPal dispute to obtain a refund will result in immediate cancellation of all services.
10.1 Austenite Web Hosting will attempt to send customers invoices at least 7 days before an invoice is due. Austenite Web Hosing reserves the right to cancel and/or terminate any services that are overdue. Whilst Austenite Web Hosting will endeavour to provide customers with payment reminders, this is not an obligation. Customers are expected to manage their accounts and pay invoices in a timely manner.
11.USE OF Austenite Web Hosting SERVICES AND PRODUCTS IS AT CUSTOMER’S SOLE RISK. NEITHER Austenite Web Hosting NOR ITS EMPLOYEES, AGENTS, RESELLERS THIRD PARTY INFORMATION PROVIDERS, MERCHANTS LICENSERS OR THE LIKE, MAKE ANY WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT Austenite Web Hosting SERVICES AND PRODUCTS WILL NOT BE INTERRUPTED OR BE ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MIGHT BE OBTAINED FROM THE USE OF Austenite Web Hosting SERVICES AND PRODUCTS OR AS TO THE ACCURACY, OR RELIABILITY OF ANY INFORMATION SERVICE OR MERCHANDISE CONTAINED OR PROVIDED THROUGH Austenite Web Hosting SERVICE, UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT. THIS INCLUDES LOSS OF DATA, WHETHER RESULTING FROM DELAYS, ON DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY THE Austenite Web Hosting AND ITS EMPLOYEES OR OTHER CAUSES.
11.2. THE SOLE CUMULATIVE LIABILITY OF Austenite Web Hosting FOR ALL CLAIMS MADE BY THE CUSTOMER, OR ANY OTHER PARTY, REGARDLESS OF FORM, INCLUDING ANY CAUSE OF ACTION BASED ON CONTRACT, TORT OR STRICT LIABILITY, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES AND CHARGES PAID TO Austenite Web Hosting BY THE CUSTOMER.
11.3 Austenite Web Hosting utilises FraudLabsPro and/or FraudRecord to screen new orders for previous fraudulent activity and report existing clients who violate our Terms of Service. In case of a violation, you may be reported to FraudLabsPro and/or FraudRecord for misbehaviour using one-way hashed information.
11.4. Austenite Web Hosting reserves the right to revise or change these Terms of Service at any time.
Austenite Web Hosting 539 W. Commerce #381 Dallas TX 75208Last updated on 20th February 2017.