© 2010-2024 AMS Computer Services, Inc.
Terms of Service
AMS Computer Services 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 Disclaimer are intended for all domains residing on AMS Computer Services servers, including regular hosting clients, resellers and their clients, and virtual private, virtual dedicated, semi-dedicated, and dedicated servers. 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.
Throughout these terms of services and policies the terms "you", "user", "account", "client" refer to the individual person that is responsible for paying for the service. In the event that the individual refers to a company, board of directors, or other such entity, then that party needs to identify one such individual that can make decisions on the party's behalf regarding the service. The terms "AMS Computer Services", "we", "our" refer to AMS Computer Services. The terms "service" or in some cases "server" refers to the individual service that said payee is paying AMS Computer Services. Any other terms will refer to the implied participant.
Users who sign up for our services agree that they are at least 18 years of age or older. Users who are younger than 18 years old must have the consent of a parent or guardian before using our services. In these situations, the parent or guardian agrees to these terms and is held responsible for the actions of the user.
AMS Computer Services is a web hosting provider and as such provides services that are associated with the web hosting providing industry. This includes web hosting content, e-mail services, database services, and FTP access. AMS Computer Services reserves the right to limit or disable these services at any time.
Users are under no contract with AMS Computer Services and are free to cancel their service at any time. Any forward paid fees or credit for future services may be refunded as a courtesy not as an obligation.
As a web hosting provider, AMS Computer Services' main focus is on hosting web accessible content. While other services may be provided by the service offered, hosting of the web accessible content (HTTP traffic) is paramount. As such, service, performance, and issues will be dealt with to insure the accessibility of this web accessible content, and if necessary, made at the expense of other services provided. This basically means that accessing of web facing content is more guaranteed than any other service that is provided.
AMS Computer Services reserves the right to refuse service to anyone at any time. AMS Computer Services reserves the right to refuse new account orders if we believe the account is fraudulent, abusive in nature, not in the best interest of our servers and our clients, or for any reason. We reserve the right to to suspend, disable, cancel, or terminate your account if the user is rude, vulgar, or obscene with our customer service staff.
AMS Computer Services reserves the right to request changes or disabling of certain aspects or components of your account. In emergency situations these changes or disablings may be made by our support staff.
For virtual private, virtual dedicated, semi-dedicated, or dedicated servers, the service provided to you is a managed service. This means that our support staff and administrators will be responsible for keeping the Operating System and Operating System essentials up-to-date and providing a layer of security. By default, our virtual private, virtual dedicated, semi-dedicated, and dedicated servers are set up and provided to you identically as our shared hosting servers are provided, with the added incentive of knowing that your account or accounts are the only accounts set up on the server, and that you are not having to share server resources with other clients. Users of virtual private, virtual dedicated, semi-dedicated, or dedicated servers can request special arrangements regarding these settings. While we will try to honor these requests, we are not obligated to. Users of virtual private, virtual dedicated, semi-dedicated, or dedicated servers hereby acknowledge that our ability to insure security and stability of the service may be limited if these arrangements are honored. As a managed service, users are not given root access to a virtual private, virtual dedicated, semi-dedicated, or dedicated server. Having users with root access to these servers impairs our ability to insure and provide security and stability on the server. Access to root level privileges can be granted to the user, but in doing so the service becomes unmanaged and the user becomes fully responsible for the security and stability of the server. Our support staff will not be able to provide support for an unmanaged virtual private, virtual dedicated, semi-dedicated, or dedicated server.
The policies, guidelines, rules and regulations given in these terms of service may change at any time. As such these terms of service may change at any time with or without notice. These terms of service and policies can always be read at http://www.amscomputer.com/policies.htm. By using our services you agree to these terms of service and to any changes that may be made to these terms of service.
Payment for your account is expected at its due date. Unless otherwise noted, your hosting account is set up on automatic monthly renewal. Payment due date is determined by the corresponding date when you initially set up the account. For example, purchasing hosting on February 12th means that you will be automatically renewed on March 12th, April 12th, and so on. Payment is made for service ahead, meaning that on March 12th you are paying for service between March 12 and April 11.
Domain renewals are not automatically renewed. When domain renewals are processed they are processed a yearly fee, unless otherwise noted.
Accounts that are set up on the 29th, 30th, or 31st of the month and have a recurring due date on the 29th, 30th, or 31st may have their account billed on the 27th or 28th of the month. This is due to the fact that some months have fewer days than others and that all months are guaranteed to have at least 28 days.
Payment must be received and processed before we can set up your account. We reserve the right to investigate and screen orders in an attempt to prevent fraud. We may require additional information from you in order to process your account. We reserve the right to refuse service to anyone.
Users must have a current balance of $0 before additional services or accounts can be added.
Payment made with multiple Paypal subscriptions can only be applied as credit towards the account.
All fees are processed in US dollars ($).
If an account remains unpaid for a period of 5 days after its respective due date, the account will be suspended. After 30 days of suspension, a total of 35 days of non-payment, the account will be deleted and terminated from the server. All files associated with the account, including backups, may be removed at this time. Attempts to contact the user regarding non-payment will be made as a courtesy and not as an obligation.
For resellers, if your main reseller account remains unpaid for a period of 5 days after its respective due date your account and your resold accounts may be suspended. After 35 days of non-payment your main reseller account and your resold accounts may be terminated and deleted from th server. Attempts to contact you regarding the non-payment will be made as a courtesy and not as an obligation.
For dedicated servers, virtual dedicated servers, virtual private servers, and in general any non-shared and non-reseller hosting accounts, your service may be terminated after 5 days of non-payment. Attempts to contact you regarding non-payment will be made as a courtesy and not as an obligation.
If you are not completely satisfied with the service or performance or for any reason and want to cancel your account, you may do so within 30 days of receiving service from us and request a full refund for the services provided.
The 30 Day Money Back Guarantee is for new and first time customers only. Users who have another account with us or have had an account with us in the past are not eligible for the 30 Day Money Back Guarantee. AMS Computer Services will be the sole arbiter in determining account history.
Virtual private, virtual dedicated, semi-dedicated, and dedicated server accounts are not eligible for the 30 Day Money Back Guarantee.
Domain name registration and domain name renewals fees are non-refundable. Additional fees associated with domain name registration and domain name renewals are also non-refundable. Virtual private, virtual dedicated, semi-dedicated, and dedicated servers are non-refundable. Dedicated IP address fees, extra bandwidth fees, and other account addon fees are non-refundable.
AMS Computer Services agrees not to resell or disclose any of your personal information to any third-party service or data collection agency. In situations involving court subpoenas, court and legal requests, and requests from law enforcement agencies, we will disclose your name and contact information in accordance with the law.
Your information may be entered in the WHOIS record of your domain registration if you registered your domain name through us. This information is public in accordance with domain registration rules.
We reserve the right to contact you regarding present services, future services, and/or past services.
Users are responsible for insuring that their contact information always remain up-to-date with us. This information, especially the e-mail address, is used to inform you of issues, abuse claims, and other services regarding your account. Failure to keep this information up-to-date can result in your account being suspended or deleted.
We cannot be held responsible for loss of service due to lack of communication involving outdated or invalid contact information. It is your responsibility to insure that the information we have on file for your account is current.
You can always update your contact information at our Account Management Area.
In the event that we receive a notice concerning copyright violations, spamming, DMCA violations, or any other notice concerning your account or if we believe that your account may be in some way violating our terms of service agreement, then we will send a notice to the e-mail address on file for your account. This notice is given as a courtesy and not as an obligation. Failure to respond to this abuse claim within 24 hours may result in the suspension or termination of your account.
Special circumstances may be brought forth that require immediate action. In those cases, our staff may make changes to, suspend, disable, or terminate your account. These actions may be done with or without notice.
A notice to you regarding abuse claims is sent as a courtesy and not as an obligation. While we try to keep you informed of these situations, a lot of abuse claims require immediate action and response in order to protection the integrity and reputation of our servers and our service.
User is responsible for the content on their hosting account. User is responsible for obtaining, creating, and/or uploading the content to their hosting account. By hosting the content on your hosting account you agree to having a digital copy of your account stored on our hosting servers. AMS Computer Services claims no ownership of the content on your hosting account.
AMS Computer Services reserves the right to review any content on any of its hosting accounts. If, at our sole discretion, we find content on your hosting account that violates these terms of service your account may be suspended or terminated with or without notice.
Examples of prohibited content include, but is not limited to:
• Hacking or hacking materials
• Anonymous proxy or gateway
• Child pornography or child pornography related material
• Gambling material
• Illegal activities
• Drugs and Drug Paraphernalia
• Hate/Violence promotion
• Racial or Ethnic intolerance
Use of the service to create, host, transfer, or distribute computer viruses, worms, trojans, spyware, malware, or any malicious software is prohibited.
Use of the service to host, transfer, or distribute copyrighted or trademarked material is prohibited.
Use of the service to host, transfer, or distribute any material that infringes upon another person's intellectual property is prohibited.
AMS Computer Services will be the sole arbiter in determining if material meets any of these conditions.
Hosting child pornography, child pornography material, or any child pornography related activities is prohibited. Any material related to minors or persons younger than 18 years of age cannot be hosted on our servers without their proper consent and/or the consent of their parent or guardian. Any violation will result in the immediate termination of your account and will be reported to the proper law enforcement agencies.
Any importing or exporting that violates any laws or United States federal law is prohibited. This applies especially in the case of encryption and encryption related software.
Any activity on our server that is found or believe to be illegal will be reported to the appropriate law enforcement agencies. This applies especially to, but is not limited to, material related to child pornography, copyrighted material, and DMCA violations. Any personal information we have regarding the account may be shared with law enforcement agencies.
AMS Computer Services has a zero-tolerance anti-spam policy. Spamming of any kind is prohibited. This includes, but is not limited to, sending of any unsolicited or bulk messages. Messages sent to any e-mail address that is obtained from a purchased list or that has not directly signed up for your mailing list is considered spamming and is prohibited.
All mailing list messages must include a link for recipients to unsubscribe or opt-out of your mailing list.
Users who send out mail from the server must follow the guidelines in place by the Can-Spam Act, which is available at http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm
A maximum of 1000 messages per hour is rated to be sent out from your hosting account. Users who require a higher limit will have to purchase a virtual private, virtual dedicated, semi-dedicated, or dedicated hosting package. Please note, users on a virtual private, virtual dedicated, semi-dedicated, or dedicated server will still have to follow the rest of these anti-spam guidelines.
Spamvertised websites, websites that are mentioned in spam messages, are not allowed to be hosted on our servers.
No individual, group, or organization that is listed in, or affiliated with persons listed in, the ROSKO database (http://www.spamhaus.org/Rokso) can be hosted on our servers.
Any account that sends out messages that results in the blocking or blacklisting of the IP addresses associated with our servers can have their account suspended or terminated with or without warning.
AMS Computer Services will be the sole arbiter in determining whether or not a specific activity is consider spamming or violating these anti-spam conditions. AMS Computer Services will determine at its sole discretion whether act violate our anti-spam guidelines.
Any account that is found to be violating this policy will have their account suspended or terminated with our without warning. This will also apply towards reseller's resold accounts, we reserve the right to suspend or terminate an account under your main reseller account if we determine that they have violated this policy.
Accounts that are found to be violating this anti-spam policy may be charged a clean-up fee in order to clear any blocking or blacklisting associated with this event and to repair the reputation of our servers. AMS Computer Services at its sole discretion will determine the fee for this clean-up charge.
While AMS Computer Services tries to keep daily/nightly backups of the accounts on our shared hosting servers, this service is provided as a courtesy and not as an obligation. We make no guarantee that your account will be backed up with our service. For this reason, the backing up of your account is your responsibility. Users should insure that they always have a backup of the data on their account that they are comfortable restoring from. If users need help backing up their website they may contact support for help with this.
The backups that we perform are intended for disaster recovery purposes. Basically, this means that we backup accounts daily or nightly with the intention of having a reasonably up-to-date copy of your account that we can restore from should a disaster happen on the server. Under no circumstances is AMS Computer Services responsible for recovering files or data from the backup due to user negligence, damage, loss, or accidental deletion or modifying. Users should back up data on their account before attempting to make any changes on their account so that they can insure data recoverability.
Users are responsible for keeping a backup of their account or keeping a copy of their data available from which they can restore or recover from.
Accounts that are using 10GB or more of disk space may be excluded from our backup system.
Our shared hosting servers are meant to host websites. As such accounts have a few limitations as to what they may or may not do. This is to insure quality assurance and performance on the server for you and the other accounts hosting on the server.
Prohibited activities include but are not limited to:
• Use of the service as an open SMTP relay.
• Any activity that is illegal or in violation of state or federal laws.
• Use of the service to sell, advertise, or distribute illegal goods or services.
• Any activity that is abusive or disruptive on the server.
• Uploading or distributing any material that violates another person's right to privacy.
• Distributing hate speech or other obscenities.
• Any material that is determined to be obscene, illegal, abusive, or in violation of these terms and policies.
In addition to these regulations, shared hosting accounts:
• Cannot use more than 25% of the server resources for longer than 90 seconds. This includes, but is not limited to, any type of CGI or PHP script.
• Cannot run any stand-alone or background processes
• Cannot run any type of web spider software or indexer (e.g. Google Cash / AdSpy).
• Cannot run any software that connects to an IRC network.
• Cannot run any bittorrent or bittorrent related activities, including applications, trackers, or clients.
• Cannot participate in any file sharing or peer-to-peer activities.
• Cannot run any game server (e.g. Counter-strike, Half-Life, Quake)
• Cannot have crontab tasks executed at intervals less than 15 minutes.
• When including local files using PHP include or require functions, must include the file locally through the file-system and not through the instantiation of an HTTP process. For example, include("thefile.php") instead of include("http://www.yourdomain.com/thefile.php").
• Cannot be used to resell or provide free hosting for other individuals.
We reserve the right to suspend or terminate an account that uses 10% of the server allocated resources or 10% of the server's CPU. This suspension or termination may be made with or without prior notice.
All services provided on the server must be used for lawful purposes.
While our shared hosting services provide enough resources and limitations for the vast majority of websites, there may come a time when you exceed the capacity of a shared hosting account. When this happens you will need to upgrade to a virtual private, virtual dedicated, semi-dedicated, or fully dedicated server.
Attempts to circumvent any security or administrative restrictions on our servers may result in the immediate suspension and/or termination of your account.
We reserve the right to investigate or inspect any and all files that are on our servers to insure that they do not violate any of our terms of service.
Users are fully responsible for the content on their website and insuring that the content is accurate and up-to-date in their sole discretion. AMS Computer Services claims no ownership or any involvement in the content hosted on your website and is not responsible for creating or insuring the content on your website.
Users are responsible for the scripts that they install or use on their hosting account. Keeping scripts up-to-date is arguably the best account management activity you can do to insure the safety and security of your website. Any script, program, or application that you have installed or use on your website should remain up-to-date. Developers release new versions of these scripts, programs, and applications in order to fix known security vulnerabilities. If you do not upgrade to these latest versions then you do not get to reap the benefits of these security fixes. Failing to keep scripts, programs, and applications up-to-date can result in the compromise of your account, compromise of confidential or private data on your account, and/or the defacement of your website. It is recommended that users subscribe to announcement lists, RSS Feeds, Twitter accounts, etc. regarding the development of any script, component, extension, or addon that they might use on their website so that they can be aware of any updates. Because outdated scripts may be vulnerably and can threaten the performance and stability of the server, AMS Computer Services reserves the right to disable or remove any outdated script, extension, component, or addon that is found on your account.
Users who develop their own scripts, programs, or applications to use on their website should be mindful of the architecture and programming language that is used during this development. Those users should follow accepted practice in developing these scripts, programs, or applications in a secure manner. Those users should also stay up-to-date with the development of the architecture and programming language used in these scripts, programs, or application development and respond accordingly when security or changes are made or announced. Because the insecurities and stability of these scripts can threaten the performance and stability of the server, AMS Computer Services reserves the right to disable or remove any such script, program, or application that is found on your account.
Users are responsible for insuring safe and secure permissions of the files on their account. Files that contain confidential information such as database logins and/or ftp logins or other data that should remain private, should use a permission level of 400 or 600 or the least possible permission level. Whenever possible these files should be placed outside of the DocumentRoot on the account for an added security layer. Normal files should have a permission level of 644 and normal directories should have a permission level of 755. Under no circumstances should directories have open permissions of 777 or should files have open permissions of 666 or 777. In an attempt to insure the safety and security of your information, we may monitor and adjust the permissions settings of your files as a courtesy not as an obligation.
Users are responsible for insuring the strength, security, and confidentiality of their passwords. Users should use strong passwords that contain a mixture of upper and lower case letters, numbers, and symbols. Password strength indicators are provided in your control panel. The security and confidentiality of your password refers to keeping your password stored in a safe location where other individuals cannot see your password and insuring that you do not distribute your password, unless someone, at your discretion, requires your password.
Users should also be mindful of computer viruses, trojans, keyloggers, spyware, adware, malware, and any other malicious software that may be installed or running on your computer or a computer that you use to access the administrative side of your account. This is a new threat to the stability of your account. Malicious software has been found to lurk around your computer searching for your passwords and using that information for malicious intentions. It is recommended that you not store your passwords on your computer, but if you must that you store them in an encrypted manner that is not easily susceptible to these malicious information gatherers. Failing to do so can hinder the security of your password.
Users are encouraged to change their password often. Especially after giving the password out to a third-party individual and they have completed their activities or services, after requesting a password reset, and after the initial account set up. AMS Computer Services cannot be held responsible for the compromise of your account password due to the lack of user's vigilance regarding this policy.
Users are responsible for the actions and activities that are done on their account regardless of if these actions or activities are done by the user themselves or someone the user hired or requested to perform a service on their account. If the user's account is hacked into or if the account's login credentials are compromised, the user is still ultimately responsible for these actions. Users have the opportunity and the expectation to act in good judgment regarding password sharing, file permissions, script updates, and general password security which can play a role in the compromise of an account.
All services and actions performed on an account must be used for lawful purposes.
Resellers are responsible for handling support requests for their clients. This does not mean that you must be technically mindful in order to become a webhost reseller. This simply means that we cannot directly provide support for your clients. If one of your resold account clients has a question, issue, or concern regarding their hosting account, they should contact you. Then if you need help with the question, issue, or concern, you can open a support ticket with us and our support department will be glad to provide help. We will provide answers and responses to you, which you can then in turn send to your resold account client. Essentially, as a reseller, you become a middle man in the support transaction. This insures transparency in your webhosting endeavor.
Ultimately, as a reseller, you are responsible for the content of the resold accounts under your reseller account on our server. However, we will use good judgment and we do recognize that you cannot continually monitor the activities of your resold accounts.
Accounts under your reseller account must adhere to and follow the rules, regulations, and policies that are described in these terms of service. Resellers are encouraged to use these terms of service as a template when forging their own terms of service for their reselling endeavor.
We reserve the right to adjust, suspend or in some cases terminate accounts under your reseller account should they be found to be violating our terms of service. We reserve the right to remove an account from your reseller account as part of the suspension. Efforts will be made to contact you regarding these actions.
If you have forgotten your password for your main account you may request that the password be reset by using the appropriate link at our Account Management Area. Your main account refers to the username you use to access your cPanel or control panel and that you use to access your main FTP account.
Users are required to give the last four digits of the current credit card on file for the account before the password can be reset. This is necessary so that we can verify account ownership. If attempts were not made to insure your identity and account ownership, then this would mean that anyone could request the password for your account.
In the event that you do not have a credit card on file, for any reason, additional information may be required from our customer service staff before a password can be reset.
Password resets need to be requested from the individual that owns the account. If you have someone working on your website or your account and they need your account password and you do not know what it is, then you "the account owner" need to request that we reset the password. What you do with the password after it has been reset is entirely up to you. It is advised that you only give third party individuals only temporary access to your account via password and that you change your password once their work and service is complete. We cannot reset the password for someone other than the owner of the account.
All of this is necessary to insure the safety and insure accountability in resetting the password only for those individuals who are in a position to request this information.
For resellers we can reset your main reseller account, but for your individual resold accounts you can reset those password through your reseller webhost manager.
For e-mail accounts, Virtual FTP accounts, MySQL users, etc. these can all be reset inside an individual account's cPanel and should be done by the user.
All users are advised to further change their password once they have been reset by our staff, thereby making you the only individual with knowledge of your current password.
All support issues, requests, and general contact with our customer service department should be made through our online support ticket system or online contact forms. While we do make an effort to scan all of the e-mail that we receive, we cannot guarantee that we will see or be able to respond to your message if you simply send us an e-mail. Any issues you experience or concerns that you may have are important to us and we want to be sure that we address these issues or concerns in a timely manner. The support ticket system and contact forms are the only way we can insure that we have received your message.
Support issues should be addressed via our online support ticket system. This is so we can insure that we receive your message and that we have all relevant information concerning your account. Our online ticket system will assign your issue a ticket number. Use this ticket number to reference your support request. If you do not receive a support ticket number on the resulting page after submitting your ticket, then your ticket may not have been submitted and/or you may not have filled the form out correctly. You will also receive a receipt confirmation message at the e-mail address you provided on the form once the ticket enters our support queue. This further acts as a confirmation that we received your message. Your ticket number will be present in this receipt confirmation message. If you do not receive this receipt confirmation message then this may mean that we did not receive your request or that you incorrectly completed the e-mail address portion of the support request form. You should submit another ticket to insure that we receive your message and that you get confirmation of its arrival in our support queue. In the event that you do not receive a response from our support staff regarding your ticket, please use the ticket number as a reference when contacting us regarding the issue.
Once a support ticket has been opened and you receive a reply back from us via e-mail, you may continue to reply back to that message via e-mail. You do not need to open a new ticket for each response. We do ask that you keep each ticket assigned to one single issue. If you need help with another issue please open a new ticket.
Our online contact forms, other than our support ticket system, do not provide receipt confirmation or ticket numbers. For this reason our online support ticket system is the preferred method of contacting us. Messages that are submitted through our online contact forms and support ticket system bypass a lot of our anti-spam systems and as a result we are much more likely to guarantee the delivery of your message to our customer service department when using one of these forms.
Our online support ticket system and contact forms are the preferred method of contacting us. User is responsible for insuring that we have received and acknowledged all support related inquiries. AMS Computer Services cannot be held liable for any loss or damage that results in the user's failure to follow proper support request policies and insuring confirmation of the message.
Accounts are granted a bandwidth limit that is determined by the plan or package that they sign up for or that they upgrade to. Accounts will be suspended once they reach or exceed their respective bandwidth limit. Accounts will remain suspended until they have either purchased additional bandwidth or the current billing month ends. New monthly billing cycles begin on the 1st of the month.
Unless otherwise agreed upon, additional bandwidth will not be added to accounts automatically once they reach or exceed their bandwidth limit.
Depending on the hosting plan or package you have with us, you are given a certain amount of disk space to use on your account. This is commonly referred to as your disk quota or simply your quota. You must remain at or under this disk space limit at all times or certain aspects of your account will cease to work. In addition to this rule you must also adhere to the following guidelines.
All accounts must remain under a 10,000 disk inode limit. An inode is equal to one (1) file on your hosting account. Every file that you upload to your hosting account and every e-mail message on your hosting account consists of at least one file.
All files that are larger than 10MB must be publicly accessible from the Internet on your account. This means these files must be inside your public_html folder or inside the DocumentRoot of your account. The files must not be behind any password protected areas. This excludes any user backups that you may have on your account.
Files over 10MB in size should not consist of 40% or more of your overall disk usage on your account.
Hosting large amounts of files that are not associated with your website is prohibited.
The hosting service cannot be used as a backup service, electronic file archiving system, or for any other service that is not typically associated with hosting a website.
Users are allowed to have one backup of their account present on their account at any one time. If you wish to create a new backup of your account you need to download and delete the current backup on your hosting account before creating a new backup.
Accounts that exceed these limits or provisions or attempt to circumvent these regulations may have their account disabled, suspended, or terminated with or without notice.
SpamAssassin is a server-side spam scoring application that can be used to scan mail and determine the probability that the message is spam. As with all anti-spam applications it is not 100% effective, but is generally accepted to be a leader among anti-spam software solutions. Due to the way SpamAssassin performs its actions and its calculations, it can consume a high amount of server resources and affect overall server performance. Because of this, it may become necessary to disable SpamAssassin either server-wide or on an account-by-account basis. We reserve the right to disable SpamAssassin server-wide on the server and to also disable SpamAssassin on your account with or without notice.
Whenever possible it is recommend that users use a client-side spam filtering system. These are usually either an integrated part or an addon for your e-mail application.
E-mail forwarders allows you to have mail that is sent to one e-mail address on your account to another e-mail address, either on your same account, on the same server, or off of the server to another server entirely. Forwarding mail off of the server will also forward any spam that the original e-mail address has sent to it. When the off-server e-mail server receives this forwarded message, they may presume that the message was sent by our server, and that our server is being used to send out spam. In order to prevent our server from being viewed as a spam source, we reserve the right to disable or delete e-mail forwarders on your account with or without notice.
E-mail forwarders that forward mail off of the server will also be scanned for spam using SpamAssassin. Because SpamAssassin can consume a high level of server resources, forwarding mail off of the server can lead to server performance issue. As a result we may disable or delete e-mail forwarders on your account with or without notice.
If we disable or delete an e-mail forwarder we may take measures to insure that the e-mail address continues to receive e-mail locally on the server by setting up the e-mail address as a local mail account on the server.
The default address refers to where mail goes that is unrouteable on your domain name. Unrouteable, in this instance, means any e-mail address that is not already defined on your account as either a local mail account or e-mail forwarder. This is sometimes referred to as a "catch-all" address because it can catch all of the e-mail that is sent to your domain name. The default address usually only receives spam or unwanted messages. Because of this your default address cannot forward off of the server. If you must use your default address it will have to deliver to a local mail account on the server and be checked directly.
It is highly recommended that you set your default address to discard messages, since it is rarely used or necessary.
We reserve the right to change your default address if it is forwarding off of the server.
We reserve the right to migrate your account to another server, should resource or performance become an issue on the current server. This migration may be done with or without notice. Accounts are expected to use the nameservers that are assigned to them upon initial account set up. If this is followed, then the migration should be seamless. However, if you choose not to follow the recommended nameservers setting and instead use a 3rdparty DNS service, point your domain name directly to the server's IP address, access your account by IP address only, or any other method of account access, then you may experience problems accessing your account after the migration. AMS Computer Services cannot be held responsible for any loss or damage that results in this practice.
Traffic on the Internet flows via a series of IP addresses, as a result all of our hosting accounts have an IP address associated with them. As a webhosting company, the expected purpose of the service we provide is for web hosting content, which is typically done through a domain name. You are expected to access, distribute, and/or advertise your hosting content via domain name. You are also expected to utilize the nameservers given to you when you initially set up your hosting plan or package with us. The nameservers tell Internet visitors what IP address your domain name resolves to.
The IP address of your hosting account may change with or without warning, this may be due to an account migration or other activity or purpose. As long as the user follows the expectations in terms of using a domain name and using our nameservers, this change of an IP address should be mostly transparent to you.
Dedicated or unique IP addresses refer to the non-sharing of that IP address with any other account on the shared hosting server. Dedicated IP addresses may only be in conjunction with secure SSL certificates. The secure HTTP protocol requires a unique IP address for each virtualhost (shared hosting account) on a server. If you require a secure certificate on your hosting account you may purchase a dedicated IP address for your account for the secure certificate. The fee for a dedicated IP address will be determined by our customer service staff. Using a dedicated IP address for any other purpose other than a secure certificate may result in the loss of the dedicated and unique IP address.
Dedicated IP addresses or unique IP addresses are not the same as static IP addresses. A static IP address implies that it never changes and remains static. This is not necessarily true of a dedicated IP address or unique IP address or, for that matter, any IP address associated with our server. In the event of an account migration, server migration, server upgrade, or other event your IP address may change. If you had a dedicated or unique IP address prior and your account continues to meet the requirements necessary for a dedicated IP address, then you will continue to have a dedicated, unique, or otherwise non-shared IP address, but the actual IP address may change.
AMS Computer Services maintains control and any ownership of IP addresses on any of their servers. IP addresses cannot be transferred to any server or other hosting provider. User makes no claim to the ownership of a specific IP address.
In the event that you wish to stop your service with us, you will be responsible for submitting a cancellation request to us. This is necessary to insure that your account is removed from our servers and to prevent any further billing on your account. AMS Computer Services cannot know when you have stopped using the service without a proper cancellation request. If you stop using the service but do not submit a cancellation, we have no way of knowing that you have stopped using the service. AMS Computer Services cannot be held responsible for any charges made to your account after you stopped using the service but failed to submit a proper cancellation request. AMS Computer Services is not obligated to provide any refund for charges made after the user stopped using the service but failed to submit a proper cancellation request.
All cancellation requests should be made through our Account Management Area to insure that all relevant information is attained. The cancellation form insures that your request goes to the correct department and gets properly canceled. We will require either the correct username and password for your account on our servers or the last four digits of the credit card number that is used to pay for the account in order to validate a cancellation request. This is necessary to so that we can verify account ownership and insure that only the account owner is requesting the cancellation.
Accounts are deleted immediately after the cancellation request is received and validated. You should consider this before submitting a cancellation request. Make sure that you have all of your data backed up prior to submitting a cancellation request. The backups of your account may also be deleted after the account cancellation is received and validated. We are under no obligation to provide backups or copies of your data after your account has been canceled and deleted.
Account cancellations are confirmed at the e-mail address that you specified on the Account Cancellation Form. If you do not receive a confirmation message back from our customer service personnel confirming account cancellation then it is your responsibility to further contact us and verify that the account cancellation did go through properly. Situations such as incorrect or invalid e-mail address, incorrect or invalid account validation information, or incorrect information may have caused your cancellation request to not be processed. It is your responsibility to insure that you receive confirmation that the cancellation request went through properly and that your account has been deleted and that your account will no longer be billed. If you do not receive confirmation you will need to contact us.
All account cancellations should be made at least four (4) days prior to your due date to insure that your account is canceled before it is billed for its next billing cycle. Normally cancellation requests that are made one (1) day prior to your billing date will be honored, but this is not guaranteed. To insure that you are not billed for your next billing cycle, please submit a cancellation at least four (4) days prior to your due date.
Users who issue a chargeback request on their account and fail to follow the account cancellation policy completely will have a $50 service fee added to their account. The chargeback request must be canceled or the chargeback service fee must be processed before we can process the cancellation of your account.
Domain names that are registered by us will need to be renewed through us or transferred to another domain name registrar. Users are responsible for renewing their domain names. AMS Computer Services does not automatically renew domain names. We will send out notices, usually at least 2 month before your domain name has expired. These notices are sent as a courtesy and not as an obligation. Users should be aware of when their domain name is expiring and make efforts to renew the domain name before it expires.
Upon submitting a domain name for renewal, users are responsible for gathering confirmation from us that the domain name has been renewed. When we receive a domain name renewal request, once the information is validated and charged, the domain name is renewed and we will send a confirmation message back to you notifying you that the domain name has been renewed. If you fail to receive this confirmation message, then you may have entered an invalid e-mail address, given invalid information, or not submitted the request properly. It is your responsibility to contact us and insure that the domain name has been renewed. AMS Computer Services cannot be held responsible for damages or loss that results from the lack of domain name renewal due to the lack of proper renewal procedures or lack of communication.
Users of our services agree to indemnify and hold us harmless in any claim regarding the services that we provide. User is hereby responsible for all legal fees and matters associated with lawsuits or claims regarding their account. AMS Computer Services cannot be held responsible for the actions made by the users of our services. AMS Computer Services cannot be listed in any claim or lawsuit regarding the activities of an account on our servers.
User agrees not to file claim or legal action against AMS Computer Services regarding the policies, terms, rules, regulations, or text that is listed or given in these terms of service.
In the event that AMS Computer Services or its affiliated or associated companies are brought to court or face legal action regarding your account, you agree to pay all legal fees associated with that lawsuit or claim and any and all court and legal fees. In addition you agree to pay attorney's fees and any other fees associated with the representation of AMS Computer Services.
The Digital Millennium Copyright Act was enacted in 1998 to offer protection for users against the stealing and unauthorized use of copyrighted or trademarked material and intellectual property rights. Commonly referred to as the DMCA policy, we have adopted a policy to act in accordance with this law. If we receive a notice concerning a DMCA violation on your account we will act on it. Depending on the circumstances, we may contact you and ask you to remove the offending material and give you 24 hours to respond to the request, or in some circumstances we may remove the offending material from your site, depending on the nature of the violation. If no response is received back from you regarding the violation or if you become a repeated offender, we may suspend or terminate your account.
If you are an individual and you believe an account on our servers is violated your copyrights, trademarks, or intellectual property rights you may contact us at abuse [at] 4ua.com or at http://abuse.yoursoftdns.com please include the following information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property.
• A description of the copyrighted work or other intellectual property that you claim has been infringed.
• A description of where the material that you claim is infringing is located on the account.
• Your contact information: address, telephone number, and e-mail address
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
AMS Computer Services expressly disclaims all warranties, whether expressed explicitly or implicitly, all that includes, but is not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. All services are provided on an "as is" and "as available" capacity. AMS Computer Services makes no warranty that the provided services will meet your requirement, or that the service will be uninterrupted, timely, secure, error free, or that any defects will be corrected. AMS Computer Services does not provide a warranty nor does it make any representations regarding the use or results of the services provided in terms of their correctness, accuracy, reliability, or otherwise. Some jurisdictions do not allow for the disclaimer of implied warranties, in which case that foregoing disclaimer may not apply to you.
AMS Computer Services shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from AMS Computer Services' servers going off-line or being unavailable for any reason whatsoever. Further, AMS Computer Services 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 AMS Computer Services' servers. All damages shall be limited to the immediate termination of service.
This terms of service agreement shall be governed by the laws of the State of Kentucky and the United States without reference to rules governing choice of laws. The United Nations Convention on the International Sale of Goods shall not apply and is hereby expressly excluded. By using this service user agrees that all disputes involving AMS Computer Services must be brought in the federal or state courts located in Kentucky. User agrees that it has no right and cannot file or otherwise bring forth a lawsuit against AMS Computer Services outside the State of Kentucky and that if AMS Computer Services is involved in a lawsuit outside of the State of Kentucky, user shall be deemed to support and to stipulate a motion made by AMS Computer Services to dismiss said lawsuit with respect to AMS Computer Services.
These Policies, Guidelines, and Disclaimer are intended for all domains residing on AMS Computer Services servers, including regular hosting clients, resellers and their clients, and virtual private, virtual dedicated, semi-dedicated, and dedicated servers. 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.
Throughout these terms of services and policies the terms "you", "user", "account", "client" refer to the individual person that is responsible for paying for the service. In the event that the individual refers to a company, board of directors, or other such entity, then that party needs to identify one such individual that can make decisions on the party's behalf regarding the service. The terms "AMS Computer Services", "we", "our" refer to AMS Computer Services. The terms "service" or in some cases "server" refers to the individual service that said payee is paying AMS Computer Services. Any other terms will refer to the implied participant.
Age Requirements
Users who sign up for our services agree that they are at least 18 years of age or older. Users who are younger than 18 years old must have the consent of a parent or guardian before using our services. In these situations, the parent or guardian agrees to these terms and is held responsible for the actions of the user.
Service Description
AMS Computer Services is a web hosting provider and as such provides services that are associated with the web hosting providing industry. This includes web hosting content, e-mail services, database services, and FTP access. AMS Computer Services reserves the right to limit or disable these services at any time.
Users are under no contract with AMS Computer Services and are free to cancel their service at any time. Any forward paid fees or credit for future services may be refunded as a courtesy not as an obligation.
As a web hosting provider, AMS Computer Services' main focus is on hosting web accessible content. While other services may be provided by the service offered, hosting of the web accessible content (HTTP traffic) is paramount. As such, service, performance, and issues will be dealt with to insure the accessibility of this web accessible content, and if necessary, made at the expense of other services provided. This basically means that accessing of web facing content is more guaranteed than any other service that is provided.
AMS Computer Services reserves the right to refuse service to anyone at any time. AMS Computer Services reserves the right to refuse new account orders if we believe the account is fraudulent, abusive in nature, not in the best interest of our servers and our clients, or for any reason. We reserve the right to to suspend, disable, cancel, or terminate your account if the user is rude, vulgar, or obscene with our customer service staff.
AMS Computer Services reserves the right to request changes or disabling of certain aspects or components of your account. In emergency situations these changes or disablings may be made by our support staff.
For virtual private, virtual dedicated, semi-dedicated, or dedicated servers, the service provided to you is a managed service. This means that our support staff and administrators will be responsible for keeping the Operating System and Operating System essentials up-to-date and providing a layer of security. By default, our virtual private, virtual dedicated, semi-dedicated, and dedicated servers are set up and provided to you identically as our shared hosting servers are provided, with the added incentive of knowing that your account or accounts are the only accounts set up on the server, and that you are not having to share server resources with other clients. Users of virtual private, virtual dedicated, semi-dedicated, or dedicated servers can request special arrangements regarding these settings. While we will try to honor these requests, we are not obligated to. Users of virtual private, virtual dedicated, semi-dedicated, or dedicated servers hereby acknowledge that our ability to insure security and stability of the service may be limited if these arrangements are honored. As a managed service, users are not given root access to a virtual private, virtual dedicated, semi-dedicated, or dedicated server. Having users with root access to these servers impairs our ability to insure and provide security and stability on the server. Access to root level privileges can be granted to the user, but in doing so the service becomes unmanaged and the user becomes fully responsible for the security and stability of the server. Our support staff will not be able to provide support for an unmanaged virtual private, virtual dedicated, semi-dedicated, or dedicated server.
The policies, guidelines, rules and regulations given in these terms of service may change at any time. As such these terms of service may change at any time with or without notice. These terms of service and policies can always be read at http://www.amscomputer.com/policies.htm. By using our services you agree to these terms of service and to any changes that may be made to these terms of service.
Payment
Payment for your account is expected at its due date. Unless otherwise noted, your hosting account is set up on automatic monthly renewal. Payment due date is determined by the corresponding date when you initially set up the account. For example, purchasing hosting on February 12th means that you will be automatically renewed on March 12th, April 12th, and so on. Payment is made for service ahead, meaning that on March 12th you are paying for service between March 12 and April 11.
Domain renewals are not automatically renewed. When domain renewals are processed they are processed a yearly fee, unless otherwise noted.
Accounts that are set up on the 29th, 30th, or 31st of the month and have a recurring due date on the 29th, 30th, or 31st may have their account billed on the 27th or 28th of the month. This is due to the fact that some months have fewer days than others and that all months are guaranteed to have at least 28 days.
Payment must be received and processed before we can set up your account. We reserve the right to investigate and screen orders in an attempt to prevent fraud. We may require additional information from you in order to process your account. We reserve the right to refuse service to anyone.
Users must have a current balance of $0 before additional services or accounts can be added.
Payment made with multiple Paypal subscriptions can only be applied as credit towards the account.
All fees are processed in US dollars ($).
Delinquent Payment
If an account remains unpaid for a period of 5 days after its respective due date, the account will be suspended. After 30 days of suspension, a total of 35 days of non-payment, the account will be deleted and terminated from the server. All files associated with the account, including backups, may be removed at this time. Attempts to contact the user regarding non-payment will be made as a courtesy and not as an obligation.
For resellers, if your main reseller account remains unpaid for a period of 5 days after its respective due date your account and your resold accounts may be suspended. After 35 days of non-payment your main reseller account and your resold accounts may be terminated and deleted from th server. Attempts to contact you regarding the non-payment will be made as a courtesy and not as an obligation.
For dedicated servers, virtual dedicated servers, virtual private servers, and in general any non-shared and non-reseller hosting accounts, your service may be terminated after 5 days of non-payment. Attempts to contact you regarding non-payment will be made as a courtesy and not as an obligation.
30 Day Money Back Guarantee
If you are not completely satisfied with the service or performance or for any reason and want to cancel your account, you may do so within 30 days of receiving service from us and request a full refund for the services provided.
The 30 Day Money Back Guarantee is for new and first time customers only. Users who have another account with us or have had an account with us in the past are not eligible for the 30 Day Money Back Guarantee. AMS Computer Services will be the sole arbiter in determining account history.
Virtual private, virtual dedicated, semi-dedicated, and dedicated server accounts are not eligible for the 30 Day Money Back Guarantee.
Non-Refundable Fees
Domain name registration and domain name renewals fees are non-refundable. Additional fees associated with domain name registration and domain name renewals are also non-refundable. Virtual private, virtual dedicated, semi-dedicated, and dedicated servers are non-refundable. Dedicated IP address fees, extra bandwidth fees, and other account addon fees are non-refundable.
Privacy
AMS Computer Services agrees not to resell or disclose any of your personal information to any third-party service or data collection agency. In situations involving court subpoenas, court and legal requests, and requests from law enforcement agencies, we will disclose your name and contact information in accordance with the law.
Your information may be entered in the WHOIS record of your domain registration if you registered your domain name through us. This information is public in accordance with domain registration rules.
We reserve the right to contact you regarding present services, future services, and/or past services.
Contact Information
Users are responsible for insuring that their contact information always remain up-to-date with us. This information, especially the e-mail address, is used to inform you of issues, abuse claims, and other services regarding your account. Failure to keep this information up-to-date can result in your account being suspended or deleted.
We cannot be held responsible for loss of service due to lack of communication involving outdated or invalid contact information. It is your responsibility to insure that the information we have on file for your account is current.
You can always update your contact information at our Account Management Area.
Abuse Claims
In the event that we receive a notice concerning copyright violations, spamming, DMCA violations, or any other notice concerning your account or if we believe that your account may be in some way violating our terms of service agreement, then we will send a notice to the e-mail address on file for your account. This notice is given as a courtesy and not as an obligation. Failure to respond to this abuse claim within 24 hours may result in the suspension or termination of your account.
Special circumstances may be brought forth that require immediate action. In those cases, our staff may make changes to, suspend, disable, or terminate your account. These actions may be done with or without notice.
A notice to you regarding abuse claims is sent as a courtesy and not as an obligation. While we try to keep you informed of these situations, a lot of abuse claims require immediate action and response in order to protection the integrity and reputation of our servers and our service.
Content
User is responsible for the content on their hosting account. User is responsible for obtaining, creating, and/or uploading the content to their hosting account. By hosting the content on your hosting account you agree to having a digital copy of your account stored on our hosting servers. AMS Computer Services claims no ownership of the content on your hosting account.
Prohibited Content
AMS Computer Services reserves the right to review any content on any of its hosting accounts. If, at our sole discretion, we find content on your hosting account that violates these terms of service your account may be suspended or terminated with or without notice.
Examples of prohibited content include, but is not limited to:
• Hacking or hacking materials
• Anonymous proxy or gateway
• Child pornography or child pornography related material
• Gambling material
• Illegal activities
• Drugs and Drug Paraphernalia
• Hate/Violence promotion
• Racial or Ethnic intolerance
Use of the service to create, host, transfer, or distribute computer viruses, worms, trojans, spyware, malware, or any malicious software is prohibited.
Use of the service to host, transfer, or distribute copyrighted or trademarked material is prohibited.
Use of the service to host, transfer, or distribute any material that infringes upon another person's intellectual property is prohibited.
AMS Computer Services will be the sole arbiter in determining if material meets any of these conditions.
Child Pornography
Hosting child pornography, child pornography material, or any child pornography related activities is prohibited. Any material related to minors or persons younger than 18 years of age cannot be hosted on our servers without their proper consent and/or the consent of their parent or guardian. Any violation will result in the immediate termination of your account and will be reported to the proper law enforcement agencies.
Import/Export Laws
Any importing or exporting that violates any laws or United States federal law is prohibited. This applies especially in the case of encryption and encryption related software.
Law Enforcement Policy
Any activity on our server that is found or believe to be illegal will be reported to the appropriate law enforcement agencies. This applies especially to, but is not limited to, material related to child pornography, copyrighted material, and DMCA violations. Any personal information we have regarding the account may be shared with law enforcement agencies.
Anti-Spam Policy
AMS Computer Services has a zero-tolerance anti-spam policy. Spamming of any kind is prohibited. This includes, but is not limited to, sending of any unsolicited or bulk messages. Messages sent to any e-mail address that is obtained from a purchased list or that has not directly signed up for your mailing list is considered spamming and is prohibited.
All mailing list messages must include a link for recipients to unsubscribe or opt-out of your mailing list.
Users who send out mail from the server must follow the guidelines in place by the Can-Spam Act, which is available at http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm
A maximum of 1000 messages per hour is rated to be sent out from your hosting account. Users who require a higher limit will have to purchase a virtual private, virtual dedicated, semi-dedicated, or dedicated hosting package. Please note, users on a virtual private, virtual dedicated, semi-dedicated, or dedicated server will still have to follow the rest of these anti-spam guidelines.
Spamvertised websites, websites that are mentioned in spam messages, are not allowed to be hosted on our servers.
No individual, group, or organization that is listed in, or affiliated with persons listed in, the ROSKO database (http://www.spamhaus.org/Rokso) can be hosted on our servers.
Any account that sends out messages that results in the blocking or blacklisting of the IP addresses associated with our servers can have their account suspended or terminated with or without warning.
AMS Computer Services will be the sole arbiter in determining whether or not a specific activity is consider spamming or violating these anti-spam conditions. AMS Computer Services will determine at its sole discretion whether act violate our anti-spam guidelines.
Any account that is found to be violating this policy will have their account suspended or terminated with our without warning. This will also apply towards reseller's resold accounts, we reserve the right to suspend or terminate an account under your main reseller account if we determine that they have violated this policy.
Accounts that are found to be violating this anti-spam policy may be charged a clean-up fee in order to clear any blocking or blacklisting associated with this event and to repair the reputation of our servers. AMS Computer Services at its sole discretion will determine the fee for this clean-up charge.
Backups
While AMS Computer Services tries to keep daily/nightly backups of the accounts on our shared hosting servers, this service is provided as a courtesy and not as an obligation. We make no guarantee that your account will be backed up with our service. For this reason, the backing up of your account is your responsibility. Users should insure that they always have a backup of the data on their account that they are comfortable restoring from. If users need help backing up their website they may contact support for help with this.
The backups that we perform are intended for disaster recovery purposes. Basically, this means that we backup accounts daily or nightly with the intention of having a reasonably up-to-date copy of your account that we can restore from should a disaster happen on the server. Under no circumstances is AMS Computer Services responsible for recovering files or data from the backup due to user negligence, damage, loss, or accidental deletion or modifying. Users should back up data on their account before attempting to make any changes on their account so that they can insure data recoverability.
Users are responsible for keeping a backup of their account or keeping a copy of their data available from which they can restore or recover from.
Accounts that are using 10GB or more of disk space may be excluded from our backup system.
Limitations of Shared Hosting Accounts
Our shared hosting servers are meant to host websites. As such accounts have a few limitations as to what they may or may not do. This is to insure quality assurance and performance on the server for you and the other accounts hosting on the server.
Prohibited activities include but are not limited to:
• Use of the service as an open SMTP relay.
• Any activity that is illegal or in violation of state or federal laws.
• Use of the service to sell, advertise, or distribute illegal goods or services.
• Any activity that is abusive or disruptive on the server.
• Uploading or distributing any material that violates another person's right to privacy.
• Distributing hate speech or other obscenities.
• Any material that is determined to be obscene, illegal, abusive, or in violation of these terms and policies.
In addition to these regulations, shared hosting accounts:
• Cannot use more than 25% of the server resources for longer than 90 seconds. This includes, but is not limited to, any type of CGI or PHP script.
• Cannot run any stand-alone or background processes
• Cannot run any type of web spider software or indexer (e.g. Google Cash / AdSpy).
• Cannot run any software that connects to an IRC network.
• Cannot run any bittorrent or bittorrent related activities, including applications, trackers, or clients.
• Cannot participate in any file sharing or peer-to-peer activities.
• Cannot run any game server (e.g. Counter-strike, Half-Life, Quake)
• Cannot have crontab tasks executed at intervals less than 15 minutes.
• When including local files using PHP include or require functions, must include the file locally through the file-system and not through the instantiation of an HTTP process. For example, include("thefile.php") instead of include("http://www.yourdomain.com/thefile.php").
• Cannot be used to resell or provide free hosting for other individuals.
We reserve the right to suspend or terminate an account that uses 10% of the server allocated resources or 10% of the server's CPU. This suspension or termination may be made with or without prior notice.
All services provided on the server must be used for lawful purposes.
While our shared hosting services provide enough resources and limitations for the vast majority of websites, there may come a time when you exceed the capacity of a shared hosting account. When this happens you will need to upgrade to a virtual private, virtual dedicated, semi-dedicated, or fully dedicated server.
Attempts to circumvent any security or administrative restrictions on our servers may result in the immediate suspension and/or termination of your account.
We reserve the right to investigate or inspect any and all files that are on our servers to insure that they do not violate any of our terms of service.
Hosting Account Responsibilities
Users are fully responsible for the content on their website and insuring that the content is accurate and up-to-date in their sole discretion. AMS Computer Services claims no ownership or any involvement in the content hosted on your website and is not responsible for creating or insuring the content on your website.
Users are responsible for the scripts that they install or use on their hosting account. Keeping scripts up-to-date is arguably the best account management activity you can do to insure the safety and security of your website. Any script, program, or application that you have installed or use on your website should remain up-to-date. Developers release new versions of these scripts, programs, and applications in order to fix known security vulnerabilities. If you do not upgrade to these latest versions then you do not get to reap the benefits of these security fixes. Failing to keep scripts, programs, and applications up-to-date can result in the compromise of your account, compromise of confidential or private data on your account, and/or the defacement of your website. It is recommended that users subscribe to announcement lists, RSS Feeds, Twitter accounts, etc. regarding the development of any script, component, extension, or addon that they might use on their website so that they can be aware of any updates. Because outdated scripts may be vulnerably and can threaten the performance and stability of the server, AMS Computer Services reserves the right to disable or remove any outdated script, extension, component, or addon that is found on your account.
Users who develop their own scripts, programs, or applications to use on their website should be mindful of the architecture and programming language that is used during this development. Those users should follow accepted practice in developing these scripts, programs, or applications in a secure manner. Those users should also stay up-to-date with the development of the architecture and programming language used in these scripts, programs, or application development and respond accordingly when security or changes are made or announced. Because the insecurities and stability of these scripts can threaten the performance and stability of the server, AMS Computer Services reserves the right to disable or remove any such script, program, or application that is found on your account.
Users are responsible for insuring safe and secure permissions of the files on their account. Files that contain confidential information such as database logins and/or ftp logins or other data that should remain private, should use a permission level of 400 or 600 or the least possible permission level. Whenever possible these files should be placed outside of the DocumentRoot on the account for an added security layer. Normal files should have a permission level of 644 and normal directories should have a permission level of 755. Under no circumstances should directories have open permissions of 777 or should files have open permissions of 666 or 777. In an attempt to insure the safety and security of your information, we may monitor and adjust the permissions settings of your files as a courtesy not as an obligation.
Users are responsible for insuring the strength, security, and confidentiality of their passwords. Users should use strong passwords that contain a mixture of upper and lower case letters, numbers, and symbols. Password strength indicators are provided in your control panel. The security and confidentiality of your password refers to keeping your password stored in a safe location where other individuals cannot see your password and insuring that you do not distribute your password, unless someone, at your discretion, requires your password.
Users should also be mindful of computer viruses, trojans, keyloggers, spyware, adware, malware, and any other malicious software that may be installed or running on your computer or a computer that you use to access the administrative side of your account. This is a new threat to the stability of your account. Malicious software has been found to lurk around your computer searching for your passwords and using that information for malicious intentions. It is recommended that you not store your passwords on your computer, but if you must that you store them in an encrypted manner that is not easily susceptible to these malicious information gatherers. Failing to do so can hinder the security of your password.
Users are encouraged to change their password often. Especially after giving the password out to a third-party individual and they have completed their activities or services, after requesting a password reset, and after the initial account set up. AMS Computer Services cannot be held responsible for the compromise of your account password due to the lack of user's vigilance regarding this policy.
Users are responsible for the actions and activities that are done on their account regardless of if these actions or activities are done by the user themselves or someone the user hired or requested to perform a service on their account. If the user's account is hacked into or if the account's login credentials are compromised, the user is still ultimately responsible for these actions. Users have the opportunity and the expectation to act in good judgment regarding password sharing, file permissions, script updates, and general password security which can play a role in the compromise of an account.
All services and actions performed on an account must be used for lawful purposes.
Reseller Responsibilities
Resellers are responsible for handling support requests for their clients. This does not mean that you must be technically mindful in order to become a webhost reseller. This simply means that we cannot directly provide support for your clients. If one of your resold account clients has a question, issue, or concern regarding their hosting account, they should contact you. Then if you need help with the question, issue, or concern, you can open a support ticket with us and our support department will be glad to provide help. We will provide answers and responses to you, which you can then in turn send to your resold account client. Essentially, as a reseller, you become a middle man in the support transaction. This insures transparency in your webhosting endeavor.
Ultimately, as a reseller, you are responsible for the content of the resold accounts under your reseller account on our server. However, we will use good judgment and we do recognize that you cannot continually monitor the activities of your resold accounts.
Accounts under your reseller account must adhere to and follow the rules, regulations, and policies that are described in these terms of service. Resellers are encouraged to use these terms of service as a template when forging their own terms of service for their reselling endeavor.
We reserve the right to adjust, suspend or in some cases terminate accounts under your reseller account should they be found to be violating our terms of service. We reserve the right to remove an account from your reseller account as part of the suspension. Efforts will be made to contact you regarding these actions.
Password Reset Policy
If you have forgotten your password for your main account you may request that the password be reset by using the appropriate link at our Account Management Area. Your main account refers to the username you use to access your cPanel or control panel and that you use to access your main FTP account.
Users are required to give the last four digits of the current credit card on file for the account before the password can be reset. This is necessary so that we can verify account ownership. If attempts were not made to insure your identity and account ownership, then this would mean that anyone could request the password for your account.
In the event that you do not have a credit card on file, for any reason, additional information may be required from our customer service staff before a password can be reset.
Password resets need to be requested from the individual that owns the account. If you have someone working on your website or your account and they need your account password and you do not know what it is, then you "the account owner" need to request that we reset the password. What you do with the password after it has been reset is entirely up to you. It is advised that you only give third party individuals only temporary access to your account via password and that you change your password once their work and service is complete. We cannot reset the password for someone other than the owner of the account.
All of this is necessary to insure the safety and insure accountability in resetting the password only for those individuals who are in a position to request this information.
For resellers we can reset your main reseller account, but for your individual resold accounts you can reset those password through your reseller webhost manager.
For e-mail accounts, Virtual FTP accounts, MySQL users, etc. these can all be reset inside an individual account's cPanel and should be done by the user.
All users are advised to further change their password once they have been reset by our staff, thereby making you the only individual with knowledge of your current password.
Requesting Support
All support issues, requests, and general contact with our customer service department should be made through our online support ticket system or online contact forms. While we do make an effort to scan all of the e-mail that we receive, we cannot guarantee that we will see or be able to respond to your message if you simply send us an e-mail. Any issues you experience or concerns that you may have are important to us and we want to be sure that we address these issues or concerns in a timely manner. The support ticket system and contact forms are the only way we can insure that we have received your message.
Support issues should be addressed via our online support ticket system. This is so we can insure that we receive your message and that we have all relevant information concerning your account. Our online ticket system will assign your issue a ticket number. Use this ticket number to reference your support request. If you do not receive a support ticket number on the resulting page after submitting your ticket, then your ticket may not have been submitted and/or you may not have filled the form out correctly. You will also receive a receipt confirmation message at the e-mail address you provided on the form once the ticket enters our support queue. This further acts as a confirmation that we received your message. Your ticket number will be present in this receipt confirmation message. If you do not receive this receipt confirmation message then this may mean that we did not receive your request or that you incorrectly completed the e-mail address portion of the support request form. You should submit another ticket to insure that we receive your message and that you get confirmation of its arrival in our support queue. In the event that you do not receive a response from our support staff regarding your ticket, please use the ticket number as a reference when contacting us regarding the issue.
Once a support ticket has been opened and you receive a reply back from us via e-mail, you may continue to reply back to that message via e-mail. You do not need to open a new ticket for each response. We do ask that you keep each ticket assigned to one single issue. If you need help with another issue please open a new ticket.
Our online contact forms, other than our support ticket system, do not provide receipt confirmation or ticket numbers. For this reason our online support ticket system is the preferred method of contacting us. Messages that are submitted through our online contact forms and support ticket system bypass a lot of our anti-spam systems and as a result we are much more likely to guarantee the delivery of your message to our customer service department when using one of these forms.
Our online support ticket system and contact forms are the preferred method of contacting us. User is responsible for insuring that we have received and acknowledged all support related inquiries. AMS Computer Services cannot be held liable for any loss or damage that results in the user's failure to follow proper support request policies and insuring confirmation of the message.
Bandwidth
Accounts are granted a bandwidth limit that is determined by the plan or package that they sign up for or that they upgrade to. Accounts will be suspended once they reach or exceed their respective bandwidth limit. Accounts will remain suspended until they have either purchased additional bandwidth or the current billing month ends. New monthly billing cycles begin on the 1st of the month.
Unless otherwise agreed upon, additional bandwidth will not be added to accounts automatically once they reach or exceed their bandwidth limit.
Disk Usage
Depending on the hosting plan or package you have with us, you are given a certain amount of disk space to use on your account. This is commonly referred to as your disk quota or simply your quota. You must remain at or under this disk space limit at all times or certain aspects of your account will cease to work. In addition to this rule you must also adhere to the following guidelines.
All accounts must remain under a 10,000 disk inode limit. An inode is equal to one (1) file on your hosting account. Every file that you upload to your hosting account and every e-mail message on your hosting account consists of at least one file.
All files that are larger than 10MB must be publicly accessible from the Internet on your account. This means these files must be inside your public_html folder or inside the DocumentRoot of your account. The files must not be behind any password protected areas. This excludes any user backups that you may have on your account.
Files over 10MB in size should not consist of 40% or more of your overall disk usage on your account.
Hosting large amounts of files that are not associated with your website is prohibited.
The hosting service cannot be used as a backup service, electronic file archiving system, or for any other service that is not typically associated with hosting a website.
Users are allowed to have one backup of their account present on their account at any one time. If you wish to create a new backup of your account you need to download and delete the current backup on your hosting account before creating a new backup.
Accounts that exceed these limits or provisions or attempt to circumvent these regulations may have their account disabled, suspended, or terminated with or without notice.
SpamAssassin
SpamAssassin is a server-side spam scoring application that can be used to scan mail and determine the probability that the message is spam. As with all anti-spam applications it is not 100% effective, but is generally accepted to be a leader among anti-spam software solutions. Due to the way SpamAssassin performs its actions and its calculations, it can consume a high amount of server resources and affect overall server performance. Because of this, it may become necessary to disable SpamAssassin either server-wide or on an account-by-account basis. We reserve the right to disable SpamAssassin server-wide on the server and to also disable SpamAssassin on your account with or without notice.
Whenever possible it is recommend that users use a client-side spam filtering system. These are usually either an integrated part or an addon for your e-mail application.
E-mail Forwarders
E-mail forwarders allows you to have mail that is sent to one e-mail address on your account to another e-mail address, either on your same account, on the same server, or off of the server to another server entirely. Forwarding mail off of the server will also forward any spam that the original e-mail address has sent to it. When the off-server e-mail server receives this forwarded message, they may presume that the message was sent by our server, and that our server is being used to send out spam. In order to prevent our server from being viewed as a spam source, we reserve the right to disable or delete e-mail forwarders on your account with or without notice.
E-mail forwarders that forward mail off of the server will also be scanned for spam using SpamAssassin. Because SpamAssassin can consume a high level of server resources, forwarding mail off of the server can lead to server performance issue. As a result we may disable or delete e-mail forwarders on your account with or without notice.
If we disable or delete an e-mail forwarder we may take measures to insure that the e-mail address continues to receive e-mail locally on the server by setting up the e-mail address as a local mail account on the server.
Default Address
The default address refers to where mail goes that is unrouteable on your domain name. Unrouteable, in this instance, means any e-mail address that is not already defined on your account as either a local mail account or e-mail forwarder. This is sometimes referred to as a "catch-all" address because it can catch all of the e-mail that is sent to your domain name. The default address usually only receives spam or unwanted messages. Because of this your default address cannot forward off of the server. If you must use your default address it will have to deliver to a local mail account on the server and be checked directly.
It is highly recommended that you set your default address to discard messages, since it is rarely used or necessary.
We reserve the right to change your default address if it is forwarding off of the server.
Account Migrations / Nameservers
We reserve the right to migrate your account to another server, should resource or performance become an issue on the current server. This migration may be done with or without notice. Accounts are expected to use the nameservers that are assigned to them upon initial account set up. If this is followed, then the migration should be seamless. However, if you choose not to follow the recommended nameservers setting and instead use a 3rdparty DNS service, point your domain name directly to the server's IP address, access your account by IP address only, or any other method of account access, then you may experience problems accessing your account after the migration. AMS Computer Services cannot be held responsible for any loss or damage that results in this practice.
IP Addresses
Traffic on the Internet flows via a series of IP addresses, as a result all of our hosting accounts have an IP address associated with them. As a webhosting company, the expected purpose of the service we provide is for web hosting content, which is typically done through a domain name. You are expected to access, distribute, and/or advertise your hosting content via domain name. You are also expected to utilize the nameservers given to you when you initially set up your hosting plan or package with us. The nameservers tell Internet visitors what IP address your domain name resolves to.
The IP address of your hosting account may change with or without warning, this may be due to an account migration or other activity or purpose. As long as the user follows the expectations in terms of using a domain name and using our nameservers, this change of an IP address should be mostly transparent to you.
Dedicated or unique IP addresses refer to the non-sharing of that IP address with any other account on the shared hosting server. Dedicated IP addresses may only be in conjunction with secure SSL certificates. The secure HTTP protocol requires a unique IP address for each virtualhost (shared hosting account) on a server. If you require a secure certificate on your hosting account you may purchase a dedicated IP address for your account for the secure certificate. The fee for a dedicated IP address will be determined by our customer service staff. Using a dedicated IP address for any other purpose other than a secure certificate may result in the loss of the dedicated and unique IP address.
Dedicated IP addresses or unique IP addresses are not the same as static IP addresses. A static IP address implies that it never changes and remains static. This is not necessarily true of a dedicated IP address or unique IP address or, for that matter, any IP address associated with our server. In the event of an account migration, server migration, server upgrade, or other event your IP address may change. If you had a dedicated or unique IP address prior and your account continues to meet the requirements necessary for a dedicated IP address, then you will continue to have a dedicated, unique, or otherwise non-shared IP address, but the actual IP address may change.
AMS Computer Services maintains control and any ownership of IP addresses on any of their servers. IP addresses cannot be transferred to any server or other hosting provider. User makes no claim to the ownership of a specific IP address.
Account Cancellations
In the event that you wish to stop your service with us, you will be responsible for submitting a cancellation request to us. This is necessary to insure that your account is removed from our servers and to prevent any further billing on your account. AMS Computer Services cannot know when you have stopped using the service without a proper cancellation request. If you stop using the service but do not submit a cancellation, we have no way of knowing that you have stopped using the service. AMS Computer Services cannot be held responsible for any charges made to your account after you stopped using the service but failed to submit a proper cancellation request. AMS Computer Services is not obligated to provide any refund for charges made after the user stopped using the service but failed to submit a proper cancellation request.
All cancellation requests should be made through our Account Management Area to insure that all relevant information is attained. The cancellation form insures that your request goes to the correct department and gets properly canceled. We will require either the correct username and password for your account on our servers or the last four digits of the credit card number that is used to pay for the account in order to validate a cancellation request. This is necessary to so that we can verify account ownership and insure that only the account owner is requesting the cancellation.
Accounts are deleted immediately after the cancellation request is received and validated. You should consider this before submitting a cancellation request. Make sure that you have all of your data backed up prior to submitting a cancellation request. The backups of your account may also be deleted after the account cancellation is received and validated. We are under no obligation to provide backups or copies of your data after your account has been canceled and deleted.
Account cancellations are confirmed at the e-mail address that you specified on the Account Cancellation Form. If you do not receive a confirmation message back from our customer service personnel confirming account cancellation then it is your responsibility to further contact us and verify that the account cancellation did go through properly. Situations such as incorrect or invalid e-mail address, incorrect or invalid account validation information, or incorrect information may have caused your cancellation request to not be processed. It is your responsibility to insure that you receive confirmation that the cancellation request went through properly and that your account has been deleted and that your account will no longer be billed. If you do not receive confirmation you will need to contact us.
All account cancellations should be made at least four (4) days prior to your due date to insure that your account is canceled before it is billed for its next billing cycle. Normally cancellation requests that are made one (1) day prior to your billing date will be honored, but this is not guaranteed. To insure that you are not billed for your next billing cycle, please submit a cancellation at least four (4) days prior to your due date.
Users who issue a chargeback request on their account and fail to follow the account cancellation policy completely will have a $50 service fee added to their account. The chargeback request must be canceled or the chargeback service fee must be processed before we can process the cancellation of your account.
Domain Name Renewal
Domain names that are registered by us will need to be renewed through us or transferred to another domain name registrar. Users are responsible for renewing their domain names. AMS Computer Services does not automatically renew domain names. We will send out notices, usually at least 2 month before your domain name has expired. These notices are sent as a courtesy and not as an obligation. Users should be aware of when their domain name is expiring and make efforts to renew the domain name before it expires.
Upon submitting a domain name for renewal, users are responsible for gathering confirmation from us that the domain name has been renewed. When we receive a domain name renewal request, once the information is validated and charged, the domain name is renewed and we will send a confirmation message back to you notifying you that the domain name has been renewed. If you fail to receive this confirmation message, then you may have entered an invalid e-mail address, given invalid information, or not submitted the request properly. It is your responsibility to contact us and insure that the domain name has been renewed. AMS Computer Services cannot be held responsible for damages or loss that results from the lack of domain name renewal due to the lack of proper renewal procedures or lack of communication.
Indemnification
Users of our services agree to indemnify and hold us harmless in any claim regarding the services that we provide. User is hereby responsible for all legal fees and matters associated with lawsuits or claims regarding their account. AMS Computer Services cannot be held responsible for the actions made by the users of our services. AMS Computer Services cannot be listed in any claim or lawsuit regarding the activities of an account on our servers.
User agrees not to file claim or legal action against AMS Computer Services regarding the policies, terms, rules, regulations, or text that is listed or given in these terms of service.
In the event that AMS Computer Services or its affiliated or associated companies are brought to court or face legal action regarding your account, you agree to pay all legal fees associated with that lawsuit or claim and any and all court and legal fees. In addition you agree to pay attorney's fees and any other fees associated with the representation of AMS Computer Services.
Digital Millennium Copyright Act
The Digital Millennium Copyright Act was enacted in 1998 to offer protection for users against the stealing and unauthorized use of copyrighted or trademarked material and intellectual property rights. Commonly referred to as the DMCA policy, we have adopted a policy to act in accordance with this law. If we receive a notice concerning a DMCA violation on your account we will act on it. Depending on the circumstances, we may contact you and ask you to remove the offending material and give you 24 hours to respond to the request, or in some circumstances we may remove the offending material from your site, depending on the nature of the violation. If no response is received back from you regarding the violation or if you become a repeated offender, we may suspend or terminate your account.
If you are an individual and you believe an account on our servers is violated your copyrights, trademarks, or intellectual property rights you may contact us at abuse [at] 4ua.com or at http://abuse.yoursoftdns.com please include the following information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property.
• A description of the copyrighted work or other intellectual property that you claim has been infringed.
• A description of where the material that you claim is infringing is located on the account.
• Your contact information: address, telephone number, and e-mail address
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Disclaimer of Warranties
AMS Computer Services expressly disclaims all warranties, whether expressed explicitly or implicitly, all that includes, but is not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. All services are provided on an "as is" and "as available" capacity. AMS Computer Services makes no warranty that the provided services will meet your requirement, or that the service will be uninterrupted, timely, secure, error free, or that any defects will be corrected. AMS Computer Services does not provide a warranty nor does it make any representations regarding the use or results of the services provided in terms of their correctness, accuracy, reliability, or otherwise. Some jurisdictions do not allow for the disclaimer of implied warranties, in which case that foregoing disclaimer may not apply to you.
Limitation of Liability
AMS Computer Services shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from AMS Computer Services' servers going off-line or being unavailable for any reason whatsoever. Further, AMS Computer Services 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 AMS Computer Services' servers. All damages shall be limited to the immediate termination of service.
Governing Laws
This terms of service agreement shall be governed by the laws of the State of Kentucky and the United States without reference to rules governing choice of laws. The United Nations Convention on the International Sale of Goods shall not apply and is hereby expressly excluded. By using this service user agrees that all disputes involving AMS Computer Services must be brought in the federal or state courts located in Kentucky. User agrees that it has no right and cannot file or otherwise bring forth a lawsuit against AMS Computer Services outside the State of Kentucky and that if AMS Computer Services is involved in a lawsuit outside of the State of Kentucky, user shall be deemed to support and to stipulate a motion made by AMS Computer Services to dismiss said lawsuit with respect to AMS Computer Services.
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