ActualWebSpace provides web hosting services to subscribers around the world. The following terms of service are designed to provide the highest level of service available.

Content

All services provided by ActualWebSpace are to 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 prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless ActualWebSpace, from any claims resulting from the subscriber’s use of ActualWebSpace’s services which damages the subscriber or any other party.

Note: Pornography and sex related merchandising are prohibited on any ActualWebSpace shared account. This includes sites that may imply sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to ActualWebSpace servers or any other server on the Internet. Links to such materials are also prohibited.

Examples of prohibited content or links include (but are not limited to):

• IRC Software
• Pirated software
• Hacking sites, programs or archives
• Warez Sites
• Distribution of music files or any other material in which the account holder does not own the copyright.
• Adult Sites
• Game Servers (dedicated game server programs)

ActualWebSpace will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.

Housing of any of the following files is considered a violation of the terms of service:

IRC – We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited. Also any program that acts like an IRC server or that provide chat functions that run as background processes are not allowed.

Proxies – We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.

PortScanning – We do not allow any kind of portscanning to be done on or from our servers or network.

Commercial Advertising – Email

• High volume email deployments of any type are not permitted with any ActualWebSpace shared account.
• Spamming, i.e. the sending of unsolicited email, from any ActualWebSpace server or any server located on the ActualWebSpace network is STRICTLY prohibited. ActualWebSpace will be the sole arbiter as to what constitutes a violation of this provision. This also includes Optin Optout mail programs and mail that either directly or indirectly references a domain contained within an account at ActualWebSpace.
• Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by ActualWebSpace customers must be Closed-loop (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing or selling lists of email addresses from 3rd parties for mailing to or from any ActualWebSpace-hosted domain, or referencing any ActualWebSpace account, is prohibited.
• Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks is prohibited.
• Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
• Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.

ShoutCast Servers – We do not allow Shoutcast Servers due to bandwidth and load issues.

Background Running Programs – We ask that users request permission before enabling persistent background processes of substantial load.

PHP Shell – PHP Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited.

Server Abuse – Any attempts to undermine or cause harm to a ActualWebSpace server or subscriber of ActualWebSpace is strictly prohibited including, but not limited to:

• Logging into a server or account that you are not authorized to access
• Accessing data or taking any action to obtain services not intended for you or your use
• Attempting to probe, scan or test the vulnerability of any system, subsystem or network
• Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
• Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the System
• Interfering with, intercepting or expropriating any system, data or information
• Interfering with service to any user, host or network including, without limitation, by means of overloading, “flooding,” “mailbombing,” or “crashing” any computer system

You will be held responsible for all actions performed by your account whether it be done by you or by others.

All sub-networks of ActualWebSpace must adhere to the above policies.

Scheduled Maintenance and Downtime

ActualWebSpace will use its commercially reasonably efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades (“Scheduled Downtime”); or service malfunctions, and causes beyond ActualWebSpace’s control or which are not reasonably foreseeable by ActualWebSpace, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. ActualWebSpace will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. ActualWebSpace has no responsibility for downtime resulting from a user’s actions.

Refunds

Refunds will be posted for FULL months only, with the exception of plans including a 60 day money back guarantee. Notice of cancellation must be given before the month in question begins. $12.95 will be deducted from the money refunded if the user’s domain was registered via ActualWebSpace’s free domain registration method.

Any violation of ActualWebSpace’s Terms of Service Agreement shall result in no refund.

Promotional Use

ActualWebSpace may refer to You, Your company, or your logo’s for promotional purposes. Your company name, logos and the services that were provided to the customer by ActualWebSpace may be used in promotional materials, advertising, marketing releases, newsletter, public disclosures and on the ActualWebSpace website. This reference will be strictly limited to disclosure that ActualWebSpace has provided services to the company and will not contain any confidential, sensitive or proprietary information in such a reference. The reference will also not provide any personally identifiable information about the individual or technical information regarding the server configuration and design used by the customer at ActualWebSpace. However, ActualWebSpace may disclose any information requested by law enforcement or when compelled by court order, applicable laws or regulations.

Any work or professional services performed or provided by ActualWebSpace under this Agreement shall not be deemed .Work For Hire,. but ActualWebSpace shall grant a non-exclusive, non-transferable license to You, for the duration of this Agreement, its employees, affiliates, and third parties commissioned by ActualWebSpace.

Limitations on Use

Any account using 15% or more of the server CPU or memory can be suspended and/or terminated.

Any account that uses excessive amounts of bandwidth can and will be subjected to bandwidth throttling.

Background Processes. Unauthorized background processes shall result in immediate termination of the account. ActualWebSpace maintains the right to cancel accounts at its discretion.

Account Setup, Termination, and Billing:
The account will be charged on the day the order is processed. The account will not be charged again until the next month’s billing cycle. The billing date is the day the order was placed of every month.

Check Orders: Accounts for subscribers who wish to pay by check will be setup when the check is received by ActualWebSpace and has been cleared by the bank.

Disabling of accounts due to overdue payment: Accounts will be disabled if payment is not received within 14 days of the invoice date. If your account has been disabled, you may be charged a reconnection fee of up to $50 in order to re-enable your account.

Termination of accounts due to overdue payment: If the account is not paid within 30 days of the invoice date, the account will be terminated and all information within the account will be deleted.

Cancellation Procedure: Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification.

Domain Name Transfers: ActualWebSpace shall not be held responsible for domain transfers. The account holder is responsible for completing any necessary domain name transfers.

Free Domain Name Registration: ActualWebSpace will register any available .com, .org, or .net domain for free upon creation of a new account. The free domain offer does not apply to existing accounts, or to orders that did not request the free domain registration at the time the order was placed.

Free registration is for the first year only, subsequent renewals are $12.95 per year that the domain is renewed for.

Courtesy Services for Customers

All services such as backup and Cpanel are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber’s own backup of any data. ActualWebSpace is not responsible for lost data or for lost data due to third party software that is not maintained by ActualWebSpace programming staff. (Cpanel is not associated with ActualWebSpace)

Limitation of Damages

Recovery of damages from ActualWebSpace may not exceed the amount of fees it has collected on the account.

General

Terms Of Service are subject to change without any prior notification.

These Terms of Service are a legally binding contract between the subscriber and ActualWebSpace

By opening an account, the subscriber agrees to the above-stated terms.

Anything not listed in the Terms of Service is open to interpretation and change by ActualWebSpace administrators without prior notice.

All prices, with the exception of the 60-day money back guarantee, are nonrefundable and nonnegotiable.

Any violation of these Terms of Service will result in termination of the account. ActualWebSpace maintains the right to terminate accounts without prior notification.

We reserve the right to remove any account with 15 days prior notice.

Dispute Resolution

Any dispute between ActualWebSpace and a subscriber shall be determined by arbitration conducted by the American Arbitration Association pursuant to its commercial arbitration rules. The arbitrator shall decide any dispute in accordance with New Hampshire law, without the application of choice of law principles. Each party shall bear its own expenses and legal fees for the arbitration. The arbitration shall be conducted in Hillsborough County, New Hampshire, unless both parties agree in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.