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Acceptable Use and Indemnification Policy

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Spam
Account Ownership
Content Policy
Email Policy
Chat Policy
CGI Scripts Policy
Sub hosting Policy
Traffic Policy
Backups
Indemnification Policy
Payment Policies and Fees
Cancellation Policy
30 Day Money Back Guarantee

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

Acela Hosting 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 Acela Hosting customers and us against such harm.

Spam
Acela Hosting 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 Acela Hosting network, by customers or any other users of the Acela Hosting network (including customers' customers); AND/OR over ANY network— if the message sent advertises or mentions a site hosted on the Acela Hosting 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@Acelahosting.com.
 



Account Ownership
Acela Hosting 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 Acela Hosting 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 Acela Hosting from any claims resulting from the use of the service which damages the subscriber or any other party. 

Pornography and sex-related links or merchandising is prohibited on all Acela Hosting servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Acela Hosting will be the sole arbiter in determining violations of this provision. 

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Acela Hosting 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
  • Pornography or Adult Material


Acela Hosting will be the sole arbiter as to what constitutes a violation of this provision. Acela Hosting does not host competitor sites or web pages promoting sites of its competitors.

Any deliberate attempt to cause damage to Acela Hosting or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.

Email Policy:
Acela Hosting 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. If your email account becomes greater than 10 MB, Acela Hosting reserves the right to move the email to another server and delete it after 30 days.  The owner of the email account will be contacted before we move the mail.  If your mail has been moved please contact Acela Hosting Tech Support via Online chat or email to correct the situation before the emails are deleted.  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.

Acela Hosting accepts no responsibility for viruses that may be transmitted to you via email, ftp, http or any other means of electronic transfer. Acela Hosting 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.



Chat Policy:

Acela Hosting 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 Acela Hosting 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 Acela Hosting user account) is generally not allowed on Acela Hosting 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:
Acela Hosting 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. Acela Hosting customers are discouraged from storing any files that cause excessive traffic on Acela Hosting servers. Please contact Acela Hosting 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 Business and Reseller hosting plans and client can use this tool to back up their files.  If loss of data occurs due to an error of Acela Hosting, 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, Acela Hosting 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 Acela Hosting services and facilities at your own risk. Acela Hosting specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Acela Hosting 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 Acela Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Acela Hosting, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Acela Hosting against liabilities arising out of:

  1. any injury to person or property caused by any products sold or otherwise distributed in connection with Acela Hosting’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 Acela Hosting’s server.


Acela Hosting shall be the sole judge of what violates this Policy.

Acela Hosting 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. 



Payment Policies and Fees:
By signing up for hosting with Acela Hosting, 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. Acela Hosting reserves the right to change prices or plans at any time. NOTE: Acela Hosting 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.  Any request for cancellation must be received via the web form and you will receive a confirmation upon the cancellation of your account. Cancellations over the telephone and informal email are not accepted.  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. 

30 Day Money Back Guarantee
All Web Hosting plans include a 30 day money back guarantee. If you are dissatisfied with your service for any reason, you will receive a full refund (minus setup fees and overage charges) if you cancel your account within 30 days of the activation of your account.

Our refund policy does not apply to any additional items or services; this includes but is not limited to Data Storage, Data Transfer, MySQL Databases, FTP Logins, and Sub Domains. Also not included are Domain Registrations as well as Reseller programs. This money back guarantee is not available after 30 days. Any request for cancellation must be received via the web form and you will receive a confirmation upon the cancellation of your account. Cancellations over the telephone and informal email are not accepted.

The 30 day money back guarantee does not apply to reseller accounts, or any fees associated with these accounts.

Accounts cancelled/terminated by Acela Hosting for violating our Acceptable Use Policy do not qualify for the 30-day money back guarantee.  For example, if your account is cancelled due to spamming, you will not be given any refund.

Please allow 4-6 weeks for refunds of check or money order payments.


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.


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A Fire Website Hosting & Design LLC. Company
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