Acceptable Use and Indemnification Policy

AIMCENTRAL.NET reserves the right to change this Policy any time, so please, check this page at least once a month or when in doubt.

AIMCENTRAL.NET strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other AIMCENTRAL.NET customers and us against such harm.

Spam
AIMCENTRAL.NET is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the AIMCENTRAL.NET network, by customers or any other users of the AIMCENTRAL.NET network (including customers' customers); AND/OR over ANY network— if the message sent advertises or mentions a site hosted on the AIMCENTRAL.NET server.  We also prohibit the selling products that can be used for spamming.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy.

If you have any complaints or comments regarding Spam on our network, please direct them via email to abuse@aimcentral.net.

Account Ownership
AIMCENTRAL.NET is only responsible to the present owner of the Web hosting space. We verify ownership by credit card number (if paid for by credit card), name, address, email address, username, & password. If you give this information to any other party or give access to your email address on your account to another party, you risk having your Web site and any other information on your account changed and/or deleted. We are not responsible for any information on your account should you reveal this information to another party who causes damage to your account and/or Web site. 

If you are a Web designer and you are not the person paying for the hosting account we advise you to receive payment for your work before you publish it to our servers. Once the Web site is published to our servers the account owner has retained ownership of that content.

Content Policy
All services provided by AIMCENTRAL.NET may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless AIMCENTRAL.NET from any claims resulting from the use of the service which damages the subscriber or any other party. 

Obscene Material

Using AIMCENTRAL.NET'S network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. HiVelocity.net is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through AIMCENTRAL.NET'S network.

Defamatory or Abusive Language

Using AIMCENTRAL.NET'S network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to AIMCENTRAL.NET servers or any other server on the internet. Links to such materials are also prohibited. Examples of unacceptable content or links:

• Pirated software
• Hacker programs or archives
• Warez sites

Email Policy:
AIMCENTRAL.NET may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. We consider mass email as any email messages sent to more than 10,000 email addresses in one day or more than 10 news groups. 

Email accounts should be kept below 10 MB in total. This is normal for most accounts since email is typically accessed on a regular basis using an email client such as Outlook, Outlook Express or Eudora.

AIMCENTRAL.NET accepts no responsibility for viruses that may be transmitted to you via email, ftp, http or any other means of electronic transfer. AIMCENTRAL.NET does provide some virus scanning on its servers. We are monitoring for viruses that could affect our Linux servers, and not viruses that could affect other operating systems like Windows. Therefore, we cannot prevent the transmission of viruses to your computer system via the Internet. It is the responsibility of the client to ensure they have Virus Software and that it is updated regularly. More information on how to prevent the transmission/infection by viruses can be obtained at McAfee.com - Anti-Virus.

Chat Policy:
AIMCENTRAL.NET does not allow chat rooms.  You can however link your site to a chat provider. Some examples of chat providers are: www.humanclick.com, www.liveperson.com, and www.livehumanhelp.com.

CGI Scripts Policy:
Each account comes with its own CGI-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effect normal server operation or service to other AIMCENTRAL.NET customers. For the protection of all our customers, we also reserve the right to discontinue service to those customers who continue to run scripts that effect normal server operation. No chat rooms or similar scripts allowed.  

Sub hosting Policy:
Sub hosting (hosting more than one web site with a single AIMCENTRAL.NET user account) is generally not allowed on AIMCENTRAL.NET servers unless you sign up for the sub-domain account for each domain name that you want to point to a sub-directory under your main account. You must have one main account to have any sub-domain accounts. 

Traffic Policy:
AIMCENTRAL.NET imposes very generous traffic limits that most sites never reach, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. AIMCENTRAL.NET customers are discouraged from storing any files that cause excessive traffic on AIMCENTRAL.NET servers. Please contact AIMCENTRAL.NET Technical Support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits.

We reserve the right to charge additional fees for sites that exceed our generous traffic limits. Sites that exceed their traffic limits will be suspended without prior notification if they do not purchase add-on traffic packages.

Backups:
Full backups are made weekly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content and any information on their account including but not limited to clients website, email, databases, mailing lists, and archives.  The "Archive Manager" is included in each hosting plan and client can use this tool to back up their files.  If loss of data occurs due to an error of AIMCENTRAL.NET, we will attempt to recover the data at no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, AIMCENTRAL.NET will attempt to recover the data from the most recent archive for a $50.00 fee.

Indemnification Policy:
We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law. You agree to use all AIMCENTRAL.NET services and facilities at your own risk. AIMCENTRAL.NET specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall AIMCENTRAL.NET be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold AIMCENTRAL.NET harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against AIMCENTRAL.NET, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless AIMCENTRAL.NET against liabilities arising out of;

1. any injury to person or property caused by any products sold or otherwise distributed in connection with AIMCENTRAL.NET’s server;
2. any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
3. copyright infringement and
4. any defective products sold to customer from AIMCENTRAL.NET’s server.

AIMCENTRAL.NET is only responsible to the present owner of the Web hosting space. We verify ownership by credit card number (if paid for by credit card), name, address, username, & password. If you give this information to any other party you risk having your Web site and any other information on your account changed and/or deleted. We are not responsible for any information on your account should you reveal this information. 

Telephone Support:
Client agrees to use TROUBLE TICKETS for technical support issues.  AIMCENTRAL.NET does, however, offer telephone support to clients.  Client agrees not to abuse this resource.  AIMCENTRAL.NET shall have sole authority to determine violations of this policy.

Payment Policies and Fees:
By signing up for hosting with AIMCENTRAL.NET, you are agreeing that your hosting account will be automatically renewed, and your credit card will be charged (if you are paying by credit card). Payment is due each anniversary (one month, three months, six months, one year, or two years) following the date the account was established. Your credit card will be automatically charged on your anniversary (if you are paying by credit card) unless a cancellation request is submitted by using the cancellation form. All  payment-due notices will be sent by electronic mail.  No bills or invoices will be sent by postal mail or fax.   Additional features can be added at any time. Monthly feature prices are not prorated. AIMCENTRAL.NET reserves the right to change prices or plans at any time. NOTE: AIMCENTRAL.NET charges a $25.00 fee for returned checks as well as charge backs. For international customers:  check or money order funds must be drawn in US dollars.

Cancellation Policy:
You may cancel at anytime.  To cancel your account, please read these instructions.  As a policy, we do not offer credits or refunds for hosting time already expended.  We do give refunds after charging you for months already used calculated on the monthly hosting price for your plan, should you want to cancel prepaid service.  Setup fees are non-refundable. All monetary transactions are in $US dollars. 

Resellers:

• You must follow our steps to becoming a reseller which includes filling out our Reseller Credit Card Authorization form before you may resell for AIMCENTRAL.NET. For more information go to our Resellers Page.
• You provide billing to your customers.  We do not bill your customers. We bill you for the domain name and space, then you turn around and bill them for your cost from us and  your services in addition to that.
• We can only allow you to be a reseller if you are paying by credit card.
• Actual or attempted violations of policy by a customer's end user shall be considered violations of the policy by the customer regardless of intention and will be acted upon accordingly.
• Your customers are given a limited amount of transfer and if we feel that one of your customers are using up more transfer than allocated or are taking up too much of the CPU usage then we will need to pass some of the extra cost on to you and you will need to pass it on to your customer.  You will need to put that in your terms and conditions for the hosting. You can monitor your customers bandwidth in their control panel.
• You agree that neither you nor your customers can hold us responsible for services that you offer.
• Your customers have to abide by the same terms and conditions as you do, or we have the right to cancel any of your reseller accounts.
• If you abuse our services, we reserve the right to cancel your account, which will also cancel your customers accounts.
• We reserve the right to remove the link to a reseller's Web site on our Web Design page if it has been determined that the reseller is affiliated in any way with a competitor of AIMCENTRAL.NET, if it has been determined that the reseller is not representing AIMCENTRAL.NET professionally or appropriately, or if it has been determined that the reseller has violated our Acceptable Use Policy. 

Uptime Guarantee:
If our servers are not up 99.9% of the time during your first 30 days of hosting we will gladly give you a full refund on your hosting services (excluding setup fees) and cancel your account. This guarantee is not extended to outages on other networks that prevent you from connecting to our servers or attacks on our network from an outside source. Just go to our cancellation page and follow our cancellation instructions. Be sure and mention that you would like a refund based on our 99.9% Uptime Guarantee.

Availability of the Shared Web hosting services is defined as the percentage of time, within the agreed available hours of the service, in which this service, as defined in this contract, is available. There are however a number of factors that may cause the service to be unavailable to the customer that are either outside the control of AIMCENTRAL.NET or allowed within the service definition. The service provided by AIMCENTRAL.NET is therefore measured as an “adjusted availability” using values referred to as “adjusted service hours” (ASH) and “adjusted downtime” (AD).

Adjusted availability (percentage) = ((ASH-AD)/ASH)x100

Where, the adjusted service hours (ASH) and adjusted downtime (AD) are calculated as follows:

ASH = TM - SMM - UMM
AD = MD - SMM - UMM

Where:
TM = total number of minutes that the service should be available.
SMM = the number of minutes that the system was not available due to scheduled maintenance
UMM = the number of minutes that the system was not available but could not be repaired because the system was unreachable to AIMCENTRAL.NET staff.

We may modify any of the terms and conditions contained in this Acceptable Use Policy, at any time and in our sole discretion, by posting a change notice or a new agreement on our site.

IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO CANCEL YOUR HOSTING ACCOUNT THEREBY TERMINATING THIS AGREEMENT. YOUR CONTINUED PATRONAGE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW POLICY ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.