Terms Of Service - Hosting

These terms and conditions are intended to protect both the integrity and liability of AHEADworX Hosting and The Client/Applicant. The Client/Applicant agrees that the service is provided as per the published data and that AHEADworX Hosting assumes no responsibility for the timing, deletion, delivery or failure to store any customer communications or personalisation settings over and above those permitted under these terms and condition or agreed in writing at the time of contract.

Disk Space
Hosting accounts with AHEADworX Hosting include a specific disc space allocation, to increase your disk space you will need to upgrade to the next hosting package. Disk space can only be used for hosting of websites and email. Only one backup copy of each website is allowed, AHEADworX Hosting retains the right to remove additional backup copies without notice. We strongly advise that additional backup copies are copied to a separate storage device such as a pc or external storage device.

Upgrades and Updates
AHEADworX Hosting is committed to using up to date software releases in all systems and equipment to ensure the highest level of functionality, stability and security. It is the responsibility of the Applicant to use the latest scripts and software too. From time to time system upgrades and updates will be required and whilst every effort will be taken to inform the Client/Applicant of such changes in advance certain critical upgrades or updates may have to be implemented without notice.

Backup
Aheadworx Hosting offers additional hosting backup products such as CDP (Continuous Data Protection) and Automatic Website Backup (shared hosting only) software. Such products will on a scheduled basis take backups of your website data, such backups on their own are no guarantee of a successful restore, a successful restore is still dependent upon a number of factors and so we can’t guarantee the availability, usability or integrity of either the backup or restore. If a client fails to pay renewal fees such backup data will be lost.

Acceptance and Payment
1. Acceptance and payment of the annual hosting fee constitutes a contract for 12 months.
2. Acceptance and payment of a hosting service. If payment has been made for 12 months then the contract is 12 months, notice of cancelation must be given 3 months before the contract period ends.
3. Clients/Applicants will be invoiced by email and payment will be over banktransfer at the time of ordering the hosting services.
4. AHEADworX Hosting reserves the right to refuse the provision of hosting services without giving reasons.

Renewal
1. Payment for the annual renewal of the hosting services is necessary before the renewal date in order for the hosting services to continue uninterrupted. The Applicant will be invoiced by email 30 days before the hosting services are due to expire.
2. Payment of the hosting renewal fee constitutes an additional contract period of 12 months for annual payments.
3. The Terms and Conditions in force at the time of renewal will then apply.
4. Failure to pay the annual  renewal fee before the expiry date will result in the service being suspended on the expiry date. Any outstanding fees will become immediately due.
5. Hosted data such as website files are automatically wiped 30 days after non-renewal.
6. AHEADworX Hosting is allowed to suspend and later terminate the main account and all additional accounts of a client in case of late payment.

Additional Charges
1. AHEADworX Hosting will provide to the Client/Applicant one free website transfer (including one database) from the current host to AHEADworX Hosting when purchasing shared hosting, so long as the website is found to have reasonable resource usage and a standard configuration. AHEADworX Hosting reserves the right to apply additional charges where excessive work is involved. Thereafter any additional work or tasks related to additional website moves will be charged for at our standard hourly rate.
2. Clients will be provided one website restore free of charge. Additional website restores will be charged at our standard restore rate.
3. DNS changes will be made free of charge provided the Clients domain name is registered with AHEADworX Hosting or has been transferred to AHEADworX Hosting.
4. It is the Clients responsibility to maintain and keep all software that has been installed on the website (e.g. Joomla, Magento etc) updated. Any work or tasks related to updating Clients website software will be charged for at our standard hourly rate.
5. Hosting fees do not include additional work and tasks related to identifying and fixing hacked websites. Such tasks will be charged for at our standard hourly rate.
6. If AHEADworX Hosting identifies phishing, spamming or hacking out of hours and such a website requires attention in order to protect the integrity of the website or the AHEADworX Hosting network then the Client agrees to AHEADworX Hosting carrying out such work or tasks and charging the Client at the standard hourly rate.
Unlawful or Prohibited Usage
1. The Client/Applicant will not use the AHEADworX Hosting services for any purpose that is unlawful or prohibited by these terms and conditions.
2. The Client/Applicant may not attempt to gain unauthorized access to any AHEADworX Hosting service, other accounts, computer systems or networks connected to any AHEADworX Hosting services through hacking, password mining or any other means.
3. The Client/Applicant may not obtain, or attempt to obtain, any materials or information through any means not intentionally made available through the AHEADworX Hosting services.
4. AHEADworX Hosting reserves the right at all times to disclose any information as AHEADworX Hosting deems necessary to satisfy any applicable law, regulation, legal process or court order, or to edit, refuse to post or to remove any information or materials, in whole or in part, at AHEADworX Hosting's' sole discretion.
Third Party
Any dealings with third parties (including advertisers) included within the AHEADworX Hosting services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between The Client/Applicant and the advertiser or other third party. AHEADworX Hosting shall not be responsible or liable for any part of any such dealings or promotions.

The Client/Applicant's Responsibilities
The Client/Applicant is solely responsible for the content of the Client/Applicant's texts, images and videos, whether on the website or in email.

The Client/Applicant
1. Must agree to provide true, accurate, current and complete information on the registration form.
2. Must agree to maintain and promptly inform us to update the Registration Data to keep it true, accurate, current and complete. If The Client/Applicant provides any information that is untrue, inaccurate, not current or incomplete (or AHEADworX Hosting has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete) AHEADworX Hosting has the right to suspend or terminate The Client/Applicant's account and refuse any and all current or future use of the service (or any portion thereof).
3. Must not use the AHEADworX Hosting services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages whether commercial or otherwise.
4. Is responsible for maintaining the confidentiality of any password and account data.
5. Is fully responsible for all activities that occur under The Client/Applicant's password or account. The Client/Applicant agrees to notify AHEADworX Hosting immediately if there is any unauthorised use of The Client/Applicant's password or account or any other breach of security.
6. Must ensure that The Client/Applicant account is logged-out properly at the end of each session. Note: AHEADworX Hosting cannot and will not be liable for any loss or damage arising from The Client/Applicant's failure to comply with these requirements
7. Who is in violation of system or network security is subject to criminal and civil liability, as well as immediate account termination. This might include, but not be limited to the following:
a. Unauthorised access, use, probe, or scan of a systems security or authentication measures, data or traffic.
b. Interference with service to any user, host or network including, without limitation.
c. E-mail bombing, flooding (deliberate attempts to overload a system) and broadcast attacks.
d. Forging of any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting.
8. Agrees not to use his account to publish any information, software or other content which violates or infringes upon the rights of any other or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible.
9. Acknowledges that AHEADworX Hosting does NOT permit sites that provide any content, points of distribution, or 'links' to other sites that:
a. Infringe on any third party's intellectual property or proprietary rights, or rights of publicity or privacy;
b. Violate any law, statute, ordinance or regulation under International Law;
c. Are defamatory, trade libellous, threatening, unlawfully harassing, abusive, pornographic or obscene;
d. Contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
e. Contain Pirated or Hacking / Phreaking Software (Warez)- Any software that is copyrighted and not freely available for distribution without cost. ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) all fall under this jurisdiction;
f. Has Adult Sites (content). Meaning: Any erotic or pornographic material, links to Adult sites, or advertisements for Adult sites.
10. Agrees that AHEADworX Hosting alone have the right to determine whether any of the messages The Client/Applicant sends are spam. Spamming generally includes, but is not limited to:
a. The bulk sending of unsolicited messages;
b. The sending of unsolicited e-mails which provoke complaints from recipients
c. The sending of junk mail. The use of distribution lists that include people who have not given specific.

Governing law and Jurisdiction
These terms and conditions shall be governed by and interpreted in accordance with Dominican Republic law and the Dominican Republic courts shall have exclusive jurisdiction to resolve any disputes.

Force Majeure
Neither AHEADworX nor Client/Applicant will be liable to the other or be considered in breach of this Agreement for any failure or delay in performing its obligations under this Agreement dueto any act of God, flood, earthquake, natural disaster, severe weather, fire, unhealthy air quality, war, terrorist act, riot or other civil disorder, strike or other labor dispute, pandemic, epidemic, government-designated health threat, government action, interruption of public utilities, internet or telecommunications services, or air travel, or any other similar event in each case beyond the party’s reasonable control (each, a “Force Majeure Event”). For clarity, Force Majeure Events do not include financial insolvency or distress, changes in a, party’s financial condition or performance, or changes in general economic conditions, whether or not resulting from a Force Majeure Event.

Version 1.09 – Date 1st of March 2019.

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