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Ashrava Terms of Service (TOS)
Ashrava Hosting (the "Company") agrees to furnish internet and/or web hosting services to the Subscriber, subject to the following Subscriber Agreement (Terms of Service) and Ashrava Hosting's Customer Policy. Please be sure to read both documents before becoming a Subscriber. The provisions of the Subscriber Agreement and Customer Policy may be changed, at the sole discretion of the Company, from time to time and without previous notice to the subscriber or customer. Each Subscriber understands that changes by the Company shall not be grounds for early contract termination or non-payment.
Important Notice
Use of Ashrava Hosting Service constitutes acceptance and agreement to all of Ashrava Hosting's Subscriber Agreement and customer policies. Any use of a Ashrava Hosting service is subject to the provisions of this contract and all terms of Ashrava Hosting's policies.
This Agreement, and all disputes in regards to, shall be construed in all respects in accordance with the laws of the State of New York. Use of Ashrava Hosting services constitutes an acceptance of the State of New York as proper venue for all disputes.
Payment
Establishment of this service is dependent upon receipt of the stated charges by the Company. Each additional payment is due on the first day of the month for that month's service. All Payments received by Ashrava Hosting from its customers and subscribers are non-refundable.
Payments and Fees
Service will be interrupted on accounts that reach 10 days past due. Service will only be reconnected upon receipt of all amounts due.
If the customer cancels service for any reason, all charges for that period are considered earned for all tasks and services Ashrava Hosting is to perform.
Accounts that are not collectable by Ashrava Hosting may be turned over to an outside collection agency for collection. If your account is turned over for collection, you hereby agree to pay the Company a "Processing and Collection" Fee of not less than $100.
Service Rates
Subscriber hereby acknowledges receipt of the nature of the service furnished and the initial rates and charges by the Company. Subscriber is aware that the Company may change the specified rates and charges from time to time in the sole discretion of the Company and without previous notice to its subscribers and customers.
Refund and Disputes
All billing disputes must be reported within 30 days of the time the dispute occurred. All payments to Ashrava.com are nonrefundable.
Failure to Pay
The Company may, in its sole discretion, temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees or other fees as imposed by this Agreement.
Account Cancellation
Requests for canceling accounts must be submitted via our online cancellation form. All other forms of notice will not constitute acceptance of any cancellation. All cancellations must submitted with at least 5 days notice. By requesting your account cancellation you are requesting that we close your account immediately upon receipt.
New Domain Accounts
All new subscriber accounts requiring new domains should be available within one to three (1-3) business days. However, this process may sometimes require up to 7 business days or longer if complications persist. If the new domain is registered by Ashrava Hosting, on behalf of the account holder, a $14.99 fee (per domain year) will be charged by Ashrava Hosting.
Transfer of Domains
If a new Subscriber accounts will involve the transfer of a domain from another provider to Ashrava Hosting, a minimum of one to three (1-3) days is required before such accounts will be available. However, such transfers may take longer due to the unpredictable nature of the transfer process. Therefore, Ashrava Hosting makes no guarantees regarding the amount of time a domain transfer may take.
Support Boundaries
- Ashrava Hosting provides support related to your server or virtual site.
- Ashrava Hosting does not offer technical support for application specific issues or any other software issue, unless Ashrava Hosting supplies the software to the Subscriber. Ashrava Hosting can only support the unmodified software as delivered.
- Ashrava Hosting does not provide technical support for Ashrava Hosting Subscribers' third party customers or subscribers.
- Ashrava Hosting encourages Subscribers to contact support for assistance. If the internet is accessible to you and you have other questions, please refer to our home page at http://www.ashrava.com.
Internet Protocol Address Ownership
The right to use any IP address assigned to a Ashrava Hosting Subscriber or customer shall belong only to Ashrava Hosting, and the Subscriber or customer shall have no right to use that IP address except as permitted by Ashrava Hosting. Ashrava Hosting shall maintain and control ownership of all IP numbers and addresses, and Ashrava Hosting reserves the right to change or remove any and all such IP numbers and addresses. Ashrava Hosting recommends using name-based hosting, as opposed to IP addresses, and will periodically review IP address usage. If Ashrava Hosting finds that clients are not using name-based hosting whenever possible, but IP addresses instead, Ashrava Hosting may revoke authorization to use those IP addresses.
Bandwidth and Disk Allocation
Ashrava Hosting will monitor Customer's bandwidth and disk usage, and shall have the right to interrupt or terminate service if a Subscriber or Customer's bandwidth or disk usage exceeds the agreed allocation. Such corrective action may include the assessment of additional charges, disconnection or reconnection fees for any and all Services, or termination of this Agreement. If Ashrava Hosting takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.
Spam, Bulk Email, Mailing Lists, and E-mail Attachments
Ashrava Hosting takes a zero tolerance approach to the sending of unsolicited ads or emails (Spam) over our network. This means that subscribers and customers of Ashrava Hosting:
- May not use or permit others to use our network to transmit Spam.
- May not host, or permit hosting of, sites or information that is advertised by Spam from other networks.
If an alleged violation of our Spam policy is reported, Ashrava Hosting:
- will initiate an immediate investigation (within 24 hours)
- may restrict customer access to the network to prevent further violations
- may restrict, suspend or terminate customer's account.
- will immediately remove any subscriber or customer hosting websites
or services on their server that support spammers or cause any of
our IP space to be listed in any of the various Spam Databases
Mailing Lists:
Mailing lists that are composed of more than 20 recipients, MUST follow a "Double-Opt-In" procedure for collecting the recipients' email addresses. Additionally, ALL mailings to list subscribers MUST contain a functional "Unsubscribe" link at the top of the email (not the bottom) that results in immediate (within 24 hours) removal of the requestor's address from the list.Attachments:
Please be aware that our Mail Servers are restricted to 10MB attachments, but that the acceptable size may be as much as 25% less, based on encoding performed by your Email Client, at the time of sending.Email Redundancy:
Please be aware that as a result of the additional expense and overhead required to backup email messages, we DO NOT backup email at all. In order to keep our pricing at a minimum, this is not a financially feasible task, as it would more than triple the required storage and hardware necessary to offer this capability.
Miva Merchant Shopping Cart
As a result of how Miva handles licensing and closely monitors the licensing of their products, we are unable to offer refunds once this software is installed by a customer. Once the customer installs the software from their (our) control panel, the installation license is immediately and irrevocably locked onto the domain that it was installed for. The customer is prompted that there will be a charge for this service and we will not under any circumstances issue a refund once the software is installed.
System Security
Subscribers and customers are prohibited from violating or attempting to violate the integrity and security of the Ashrava Hosting servers, system, or network. Ashrava Hosting will investigate reported occurrences and may contact and cooperate with law enforcement authorities to prosecute Subscribers and customers who are believed to be involved in such violations.
By using Ashrava Hosting services and systems, Subscribers and customers agree not to:
- access data, or log into a server or account, which such User is not authorized to access;
- attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
- attempt to interfere with service to any user, host or network, including, without limitation, "overloading", "flooding", "mail bombing", or "crashing";
- forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
- take any action in order to obtain services to which such User is not entitled;
- run background processes;
- use excessive resources on a server;
- or use the services provided in any other way other than as intended for website operation.
Violation of Policies
If inappropriate activity is detected, all accounts of the Subscriber or customer in question will be deactivated until an investigation is complete. Ashrava Hosting is under no duty to look at each Subscriber or customers' activities to determine if a violation of the Ashrava Hosting Subscribers Agreement or Customer Policy has occurred. Ashrava Hosting does not assume any responsibility through our policies or agreements to monitor or police activities on our servers, system, or network.
Violations may be handled by any of the following corrective actions, as well as to any other actions listed in this Agreement or Customer Policy:
- an email, warning them of the violation
- may be subject to a temporary suspension pending a Subscriber or customers written agreement to refrain from any further violations
- immediate suspension or termination of service without further notice
Ashrava Hosting reserves the right, to drop any section of IP space involved in any violation of this Agreement or Customer Policy if it appears that the offending activity is causing harm to parties on the Internet. In addition to the above actions, any violation of this Agreement or Customer Policy will result in a fee of $200 charged to the account of the Subscriber. Any further violation will result in a fee of $500 and immediate termination of the account. Subscribers and customers who violate this policy agree that in addition to these penalties, they will pay $150 per hour that Ashrava Hosting personnel must spend to investigate and correct the matter. Ashrava Hosting reserves the right to pursue civil remedies for any costs and/or damages associated with the investigation and correction of any policy violation.
Suspension of Service or Cancellation
Ashrava Hosting reserves the right to suspend network access to any customer if, in the sole judgment of Ashrava Hosting, the customer's server is the source or target of the violation of any of the other terms of the Ashrava Hosting Subscriber Agreement or Customer Policy, or for any other reason which Ashrava Hosting chooses. Prior notification to the Customer is not assured.
Uncontrolled Interruptions of Service
Subscriber acknowledges that the services provided by Ashrava Hosting can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Indemnification
By agreeing to the Ashrava Hosting Subscriber Agreement and Customer Policy, and/or using Ashrava Hosting services, Subscribers and customers agree to indemnify Ashrava Hosting for any violation that results in a loss to Ashrava Hosting or the bringing of any claim against Ashrava Hosting by any third-party, including any damages of Ashrava Hosting, any awards against Ashrava Hosting, plus all costs and attorney's fees.
Responsibility for Content
Ashrava Hosting is not responsible for the material input by others and not posted to the Ashrava Hosting Network by Ashrava Hosting. Ashrava Hosting is not responsible for the content of websites linked to the Ashrava Hosting Network; links are provided as Internet navigation tools only. It is absolutely forbidden to host pornographic content or IRC servers. You, as Ashrava Hosting's Subscriber and customer, are solely responsible for the content stored on and served by your Ashrava Hosting server.
Disclosure to Law Enforcement
The Ashrava Hosting Customer Policy specifically prohibits the use of our service for illegal activities. Therefore, Subscribers agree that the Company may disclose all relevant information to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Ashrava Hosting shall have the right to terminate all service set forth in this Agreement.
Waiver
A waiver by the Company of, or failure to act on, any breach of any provision of this Subscriber Agreement or Customer Policy shall not operate as, or be construed as, a continuing or subsequent waiver of any other breach of any provision thereof, or as a waiver of any legal right or remedy.
Transfer or Assignment
Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
Captions
Ashrava Hosting uses the captions in this Agreement for convenience only and shall not be considered a part hereof or affect the construction or interpretation of any provision of this Agreement.