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blank Acceptable Use Policy - Terms of Service blank
Terms of Service Page Updated: 03/12/06

By signing up and using our service, you agree to the following terms:

Azeche Co provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. Therefore, all clients of Azeche Co are subject to the following terms of service:

Billing Information:
Currently Azeche Co accepts payment through check, money order, and credit card payments.

Restrictions On Content:
All services provided by Azeche Co 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, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Azeche Co and its employees from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and any illegal sex-related merchandising is prohibited on all Azeche Co servers. This includes sites that may infer illegal (ex. child, hardcore, etc.) sexual content, or links to illegal content elsewhere. Azeche Co will be the sole arbiter in determining violations of this provision.

Any sites promoting or archiving copyrighted MP3's or software/programs are strictly prohibited in any shape or form. Archives and streaming of copyrighted audio, video or software/program files (mp3, real audio, real video, windows media etc, .wav, .mpeg, .mov, .avi, zip, .exe etc.), is strictly prohibited by Azeche Co. Any account that is found violating these terms will first be suspended with a warning. If a second violation occurs from the same account, it will be deleted without notice.

Promulgation of viruses. IRC bots such as eggdrop or BitchX are not allowed on our servers. Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken. The presence of any of these programs, whether or not actively running, will result in action against the user including suspension or termination.

Prohibited are sites that promote any illegal activity or present content that may be damaging to Azeche Co servers or any other entity on the internet.

Examples of unacceptable content or links:
- Pirated Software (copyrighted software)
- Hacker Programs or Archives
- Illegal pornography (child, etc.)
- Pornography
- Illegal Mp3 files (copyrighted music)

Azeche Co will be the sole arbiter as to what constitutes a violation of this provision. Sites found to contain (or contain links to) pirated software, illegal MP3s, hacking or hacker programs, or pornography will be shut down immediately and will not be allowed back on the server. Any information or files on these servers will be deleted shortly thereafter and you will never regain access to it.

Monthly Transfer (Bandwidth/Traffic):
Virtual Server Accounts that go over our Data Transfer limits will be charged bandwidth fees per the amount of bandwidth that they go over their limit. This is calculated by GB on a per incident basis and is not pre-paid for.

The amount of bandwidth that comes with your Virtual Account along with the current price / GB over the limit is specified on the Server Plans page.

Please keep in mind, that our policy at Azeche Co is to warn our customers that they are over the monthly limit before charging them. Each customer gets one warning per account before Azeche Co begins charging additional bandwidth fees.

Commercial Advertising - Email:

NO SPAM
Azeche Co will not let unsolicited mail pass through our servers under any circumstances. If you plan on using your account for unsolicited, bulk emailings please stop right here and do not sign up for an account with us.

Should we discover that you are spamming, your site will be immediately deleted without notice and no refund of any fees paid in advance will be made.

Additionally, a $300 administrative charge will be billed for all SPAM violations. If payment is not made promptly, court filings will proceed.

Spamming, or the sending of unsolicited email, from a Azeche Co server or using an email address or domain that is maintained on a Azeche Co machine as a reference is STRICTLY prohibited. Accounts in violation of our spamming policy WILL BE DELETED WITHOUT NOTICE. Azeche Co will be the sole arbiter as to what constitutes a violation of this provision.

POP3 Email Account Storage Space:
Azeche Co does reserve the right to request that you please partially reduce the space for the pop account(s) by requesting that they be downloaded from the server by your email client. The reason for this is simply to free up space on the server that is not being used efficiently.

Chat Rooms:
We do not allow clients to install their own chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option.

Background Running Programs:
We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

IRC:
We currently do NOT allow IRC or IRC bots to be operated on our servers.

Server Abuse:
Any violation will result in immediate deletion or suspension of a site from our servers without notice and refund of any fees paid in advance.

NOTICE:
Aside from spamming and hacking, which provides no warning, we will notify all customers by email or phone before any action is taken so that an opportunity is given to resolve the matter in question.

Refusal of Service:
We reserve the right to refuse, cancel, or suspend service at our sole discretion.

LIMITATION OF LIABILITY:
Azeche Co shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Azeche Co servers going off-line or being unavailable for any reason whatsoever. Furthermore, Azeche Co 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 Azeche Co servers. All damages shall be limited to the immediate termination of service.

Azeche Co shall have no liability for the accuracy of the information contained in any listing, hosted site, or advertisement or for assertions or omissions therein.

If Azeche Co believes in its sole discretion that any virtual server leasing, site hosting, advertisement, or listing may create liability for Azeche Co, Azeche Co may take any actions that it believes are prudent or necessary to minimize or eliminate its potential liability, including but not limited to, the release of user information.

Violations of the Terms of Service should be referred to abuse@azeche.com
All complaints will be investigated promptly.

Failure to follow any term or condition will be grounds for immediate account deactivation.

Issuing Refunds / Money Back Guarantee:
Azeche Co is pleased to offer a money-back guarantee should you become unsatisfied with our services. We will refund your credit card payment if you notify us within 10 days of your account activation. Please contact us at refund@azeche.com.

We do not refund domain registration fees. The customer will be fully responsible for all domain registration charges in the event of an account cancellation.

Azeche Co will only grant a refund after the first 10 days if we are at fault for not providing you with the services promised. Otherwise, service will continue until the end of the billing cycle.

DISCLAIMER:
Azeche Co cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning.

Certain equipment, routing, network connection used by Azeche Co are not directly owned or operated by Azeche Co. Moreover, Azeche Co holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Azeche Co sees fit.

ACCOUNT ACTIVATION:
By signing up for any of the services offered by Azeche Co, client agrees to hold Azeche Co and any and all of its employees safe and harmless from any and all actions, policies, negligent and criminal acts that may be performed by client in connection with clients utilization of any and all services provided by Azeche Co.

The transfer of a domain owned by a client to a server utilized by Azeche Co or the use of our server so as to host a new domain shall constitute the beginning of the use of services provided by Azeche Co by client regardless of whether or not client has paid for said services at any given time.

The use of our server so as to host a directery shall constitute the beginning of the use of services provided by Azeche Co by client regardless of whether or not client has paid for said services at any given time.

Notice:
Azeche Co reserves the right to refuse service to anyone at any time, and to remove any listings, sites, or any advertisements in violation of stated policies.

FURTHERMORE, Azeche Co retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.


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