We reserve the right to refuse service to anyone at any time with or without prior notice. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner is prohibited and will be removed from our servers (or otherwise disabled) with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of Your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.

Sites hosted on Affiliated Web Hosting's service(s) are regulated only by U.S. law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. Affiliated Web Hosting is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a US Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.

The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like Affiliated Web Hosting and many of Affiliated Web Hosting's other webhosting services and brands are republishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, Affiliated Web Hosting should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under Affiliated Web Hosting's webhosting service(s).

If in doubt regarding the acceptability of Your site or service, please contact us at abuse@affiliatedwebhosting.com and we will be happy to assist You.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

• Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
• All violations will be reported to the appropriate law enforcement agency.

It is Your responsibility to ensure that scripts/programs installed under Your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that You use a secure password. If a weak password is used, Your account may be suspended until You agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and Your password is found to be weak, we will notify You and allow time for You to change/update Your password.

4.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spam-vertising) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

Please read http://www.affiliatedwebhosting.com/mailpolicy.htm for our generalized mail policy.

Affiliated Web Hosting reserves the right to require changes or disable as necessary any web site, account, database, email account, email forwarder, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

Affiliated Web Hosting reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of Affiliated Web Hosting.

5.) Payment Information
You agree to supply appropriate payment for the services received from Affiliated Web Hosting, in advance of the time period during which such services are provided. You agree that until and unless You notify Affiliated Web Hosting of Your desire to cancel any or all services received, those services will be billed on a recurring basis.

All cancellations must be done in writing. Once we receive Your cancellation and have confirmed all necessary information with You via e-mail, we will inform You that Your account has been canceled. At this time, Your account with us has been canceled. If You do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately.

As a client of Affiliated Web Hosting, it is Your responsibility to ensure that Your payment information is up to date, and that all invoices are paid on time. Affiliated Web Hosting provides a 10 day grace period from the time the invoice is generated and when it must be paid. Affiliated Web Hosting reserves the right to bill your credit card or billing information on file with us. Any invoice, or consolidated invoice covering multiple services, that is overdue for 10 days and not paid may result in the suspension of services until the invoice or consolidated invoice balance has been paid in full. Account suspension can include, but is not limited to, temporary loss of all the following services: live web site(s), cPanel and FTP access, email and DNS services, and access to all domain name records. Any account overdue for more than 30 days will have to pay a re-instatement fee, in addition to the full overdue payment.

You Agree that should Your account be more than 45 days in arrears You may be subject to having any and all domains registered with Affiliated Web Hosting sold via private or public sale. You agree that all funds received from such domain sales, including amounts above the total amount of arrears, shall be the full and sole property of Affiliated Web Hosting. You further agree that ownership and all associated rights to all domains under any and all of the accounts You have with Affiliated Web Hosting shall be transferred to Affiliated Web Hosting should your account be more than 45 days in arrears.

Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If You require assistance with this provision, please contact Support [@] affiliatedwebhosting-dot-com.

Affiliated Web Hosting reserves the right to change the monthly and annual payment amount and any other charges at any time.

6.) Representations and Warranties
You, or the individuals who enter into this Agreement on behalf of You hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that You are eighteen (18) years of age or older, or that You have an agent authorized by law to represent You who is eighteen (18) years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name.

Affiliated Web Hosting expressly reserves the right to deny, cancel or transfer any domain name registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Affiliated Web Hosting, as well as its affiliates, agents, subsidiaries, officers, directors and employees. Affiliated Web Hosting also reserves the right to freeze a domain name during resolution of a dispute.

7.) Domain Name Leases and Licenses
Domain name Lessees and Licensees have no ownership rights to leased and licensed domain names. Affiliated Web Hosting retains ownership and administrative control over leased and licensed domain names at all times during the period of the lease and/or license. Should the Lessee/Licensee fail to abide by any of these Terms of Service for any domain name, then the Lessee/Licensee will forfeit all consideration paid for leasing and/or licensing any and all domain names with the Lessor. In addition, all domain names will be disconnected from Lessee. On the 31st day past the annual lease and/or licensing fee due date all domain names will be considered abandoned by the Lessee and will be made available to the general public at Affiliated Web Hosting's sole discretion.

The lease and/or license may be terminated by Affiliated Web Hosting by giving one months notice. The lease and/or license may be terminated by the Lessee/Licensee by giving one months notice, unless such time limit is waived by Affiliated Web Hosting. If any domain lease and/or license Agreement written or otherwise is terminated, full rights and control of the domain including any residual benefits such as traffic and search engine rankings will revert to Affiliated Web Hosting. On termination the Lessee/Licensee forfeits all claims, rights and benefits involving the domain.

8.) Backups and Data Loss
Your use of the service is at Your sole risk. Affiliated Web Hosting is not responsible for files and/or data residing on Your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Affiliated Web Hosting servers.

9a.) Cancellations and Refunds
Affiliated Web Hosting reserves the right to cancel the account at any time with or without notice.

Any abuse of our staff, agents, sub-contractors, and assigns in person or in any medium or format will result in the suspension or termination of Your services.

Customers may cancel at any time. Affiliated Web Hosting gives You an unconditional 30 day money back guarantee on new managed shared hosting, and VPS solutions for any customer who paid the first invoice with a credit card or with Paypal.

The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account only:

• Bank Wire Transfers
• Western Union Payments
• Checks
• Money orders

There are no refunds on dedicated servers, administrative fees, installation fees for custom software, or domain name purchases. Refund requests after the initial 30 days will be refunded on a prorated basis of all unused time. There are no refunds after the initial 45 days on new accounts billed annually. There are no refunds on renewal accounts after 10 days past the renewal date.

Only first-time accounts are eligible for a refund. For example, if You've had an account with us before, renewed an annual account, cancelled and signed up again, or if You have opened a second account with us, You will not be eligible for a refund.

Violations of the Terms of Service will waive the refund policy.

9b.) Resource Usage
You may not:

a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, mySQL, etc.

b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.

d) Run any software that interfaces with an IRC (Internet Relay Chat) network.

e) Run any bit torrent application, tracker, or client. Please note that You may link to torrents off server, but may not host or store them.

f) Participate in any file-sharing/peer-to-peer activities

g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc

h) Run cron entries with intervals of less than 15 minutes

When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://Yourdomain.com/include.php") use include("include.php")

9c.) INODES
The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file (a webpage, image file, email, etc) on Your account uses up 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension.

The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable Your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here

10.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the webhosting package You purchase. Should Your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until You upgrade to a higher level of package, terminate the account and/or charge You an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

11a.) Money Back Guarantee
On dedicated servers and colocation no full refund will be honored -- the 30 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.

Each of Affiliated Web Hosting's managed VPS servers carry a 30 day unconditional money back guarantee on them. If You are not completely satisfied with our services within the first 30 days of Your service, You will be given a full refund of the contract amount. Remember, this is only for managed VPS packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases.

11b.) Uptime Guarantee
If Your shared / VPS server has a physical downtime that is not within the 99.9% uptime You may receive up to one month of credit on Your account. Approval of the credit is at the discretion of Affiliated Web Hosting dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact Support ["@"] affiliatedwebhosting.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / VPS solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

12.) VPS: Client Responsibility
VPSs are responsible for supporting their clients. Affiliated Web Hosting does not provide support to our VPS's Clients. If a VPS's client contacts us, we reserve the right to place the client account on hold until the VPS can assume their responsibility for their client. All support requests must be made by the VPS on their clients' behalf for security purposes. VPSs are also responsible for all content stored or transmitted under their VPS account and the actions of their clients. Affiliated Web Hosting will hold any VPS responsible for any of their clients actions that violate the law or the Terms of Service.

13.) Shared (non-VPS accounts) / Semi-dedicated Servers
Shared accounts may not resell webhosting to other people. Semi-dedicated servers are not backed up. You must maintain Your own backups.

Affiliated Web Hosting reserves the right to reset any and all passwords if the password on file is not current, so that we may do security audits and maintain security as required by our datacenter. It is Your responsibility to ensure that there is a valid contact email address on file to prevent downtime from automated or forced password resets.

14.) Dedicated Servers
Affiliated Web Hosting reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. Affiliated Web Hosting reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solutionfor this. You may purchase an additional hard drive and maintain backups to it as the most simple solution. Please contact support@affiliatedwebhosting.com if You wish to obtain a secondary hard drive. It is Your responsibility to maintain backups.

15.) Price Change
The amount You pay for hosting will not increase from the date of purchase to the end of your contract term. We reserve the right to pro-rate cancelled contracts, and to change prices listed on AffiliatedWebHosting.com, and the right to increase the amount of resources given to plans at any time.

16a.) Indemnification
You agree to defend, indemnify and hold harmless Affiliated Web Hosting and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to Your (including Your agents affiliates, or anyone using Your account, software or services with Affiliated Web Hosting whether or not on Your behalf, and whether or not with Your permission) use of the Software or Services You purchased from Affiliated Web Hosting or Your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold Affiliated Web Hosting harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should Affiliated Web Hosting be notified of a pending law suit, or receive notice of the filing of a law suit, Affiliated Web Hosting may seek a written confirmation from You concerning Your obligation to indemnify Affiliated Web Hosting. Your failure to provide such a confirmation may be considered a breach of this Agreement. You agree that Affiliated Web Hosting shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Affiliated Web Hosting of any such claim promptly in writing and to allow Affiliated Web Hosting to control the proceedings. You agree to cooperate fully with Affiliated Web Hosting during such proceedings.

You agree to cooperate fully with Affiliated Web Hosting during such proceedings. You agree You will not be entitled to a refund of any fees paid to Affiliated Web Hosting if, for any reason, Affiliated Web Hosting takes corrective action with respect to Your improper or illegal use of its Services. You also agree that if Affiliated Web Hosting is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a Site Analytics account of Yours with Affiliated Web Hosting, that Affiliated Web Hosting, in its sole discretion, may take whatever action Affiliated Web Hosting deems necessary regarding further modification, assignment of and/or control of your account to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.

16b.) Arbitration
By using any Affiliated Web Hosting services including leases and licensing, You agree to submit to binding arbitration. If any disputes or claims arise against Affiliated Web Hosting or its subsidiaries, agents, domain and website administrators and sub-contractors, such disputes will be handled by an arbitrator of Affiliated Web Hosting's choice. At the sole discretion of Affiliated Web Hosting an arbitrator from the American Arbitration Association, or the National Arbitration Forum, or the Chancery Court of the State of Delaware will be selected in the State of Delaware. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the rules and/or applicable laws of the State of Delaware. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You agree to be fully responsible for any and all costs related to such arbitration no matter the outcome of the issue(s) under arbitration, and any and all costs incurred by Affiliated Web Hosting related to such arbitration, including but not limited to all expenses incurred (including travel and lodging), overhead costs and salaries of Affiliated Web Hosting staff, agents, sub-contractors, management and officers.

You agree that at the sole discretion of Affiliated Web Hosting, amounts awarded to Affiliated Web Hosting as a result of arbitration shall be collected in Your local city and state by any legal means of collection including, but not limited to a lien(s) against property of the individual responsible for contracting the service(s). Such property shall include but not be limited to: personal bank accounts, business bank accounts, real property, and other tangible assets.

16c.) Governing Law, Venue
This Agreement shall be deemed entered into in the State of Delaware. Except for disputes concerning the user of a domain name registered with Affiliated Web Hosting, You agree that the laws and judicial decisions of Kent County, Delaware, shall be used to determine the validity, construction, interpretation and legal effect of this Agreement.

17.) Notices
You agree that all notices (except for notices concerning breach of this Agreement) from Affiliated Web Hosting to You may be posted on Affiliated Web Hosting's web site. Notices concerning breach will be sent either to the email or postal address You have on file with Affiliated Web Hosting. In either case, delivery shall be deemed to have been made five (5) days after the date sent.

Notices from You to Affiliated Web Hosting shall be made either by postal mail or email to Affiliated Web Hosting's address at:

Affiliated Web Hosting Inc.
Attn: Accounting Dept.
3500 South Dupont Highway
Dover, DE 19901
Accounting ["@"] AffiliatedWebHosting-dot-com

18a.) Disclaimer of Warranties

Affiliated Web Hosting EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Affiliated Web Hosting MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Affiliated Web Hosting DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH EVENT THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

18b.) Limitation of Liability

IN NO EVENT SHALL Affiliated Web Hosting BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF Affiliated Web Hosting HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

19.) Disclosure To Law Enforcement
Affiliated Web Hosting may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with all law enforcement agencies.

20.) Changes to the Terms of Service and Registration Agreement
Affiliated Web Hosting reserves the right to revise its policies at any time without notice.

21.) Headings
The headings in the Agreement are descriptive only and in the event of a conflict between a heading and the underlying terms of this Agreement, the terms of this Agreement shall control.

22.) Entire Agreement
You agree that this Agreement including the policies and agreements it refers to (i.e. Transfer Dispute Resolution Policy, etc.) constitute the complete and only Agreement between You and Affiliated Web Hosting regarding the Services contemplated herein.

23.) Severability
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the Agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.

24.) Waiver
The failure of Affiliated Web Hosting to enforce any of the provisions within this Agreement or its incorporated agreements and policies against You or others shall not be construed to be a waiver of the right of Affiliated Web Hosting thereafter to enforce such provisions.

25.) Force Majeure
Affiliated Web Hosting will make every effort to keep its web site and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold Affiliated Web Hosting liable for any of the consequences of such interruptions.

26.) Survival
Sections 1, 6, 16a, 16b, 16c, 17, 18a, 18b, 19, 20, 21, 22, 23, 24, 25, 26 and 27 shall survive any termination or cancellation of this Agreement.

27.) No Third Party Beneficiaries
Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.

28.) Contact Information
If you have any questions about this Agreement, please contact us by postal mail or email at the following address:

Affiliated Web Hosting Inc.
Attn: Accounting Dept.
3500 South Dupont Highway
Dover, DE 19901
Accounting ["@"] AffiliatedWebHosting-dot-com