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"We love the website design and are excited to expose it and refer other businesses your way for website development, branding, web hosting, and more..."
Julie Burks
General Manager
Bowers Harbor Vineyards
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Web Hosting Terms & Conditions
1) GENERAL:
By using Above Media services, you agree to use the Internet in accordance with the laws and the ethical rules established or to be set up in the future. Our Terms and Conditions of Use policy is one of zero tolerance. We reserve the right to immediately discontinue services without liability, refund or continuance of any prepaid service fees. By using Above Media services, you constitute your approval of our policy.
2) BILLING - GENERAL:
All accounts are set up on a pre-pay basis. All International clients must pay by credit card. All accounts under $50.00/mo must also be paid by credit card. Accounts over $50.00/mo can be paid by check, money order or credit card. Customers with accounts set up on a periodic credit card billing plan must keep credit card information current. It is the customers' responsibility to inform Above Media on changes in credit card type, e-mail address or expiration date to their credit card. Credit card accounts are billed once monthly or yearly, depending on your billing cycle. If your credit card is declined you will have seven days to make payment, after these seven days, your account will be placed on hold until services are paid for. There is a $2.00 credit card resubmission fee if your card is declined. All accounts paying by check have 28 days to send in payment. After the 28-day mark, all accounts will be placed on hold until payment is received. Above Media charges a $25.00 return check fee on all returned checks and a $25.00 charge per wire transfer received. All accounts issuing chargebacks against Above Media will be billed an additional $25.00 per chargeback. For more information, please view our Billing Policy.
NOTE: All accounts billed to a credit card are automatically renewed unless canceled prior to the renewal date. This applies to all monthly, quarterly and yearly accounts.
3) BILLING TERM:
After the initial thirty days of service, each customer is committed to the remaining time on the service they purchased and no refunds will be given. Above Media does not require that you finish off each term and you are free to close your account at anytime without any additional charges or fees. However, Above Media will not pro-rate any return for unused service. For example, if you have an account that you are paying for monthly and you decide to close it a few days after your last payment, you will not be issued any refund, whether in full or pro-rated. By using Above Media, you understand and agree to this billing term. You also understand that while no refund will be issued, you are always free to keep your account open for the full amount of time you have paid for.
4) CANCELLATIONS:
All web hosting and e-commerce plans include a 30-day money back guarantee. If for any reason our services haven't exceeded your standards, please let us know within the first 30 days of account activation and we will refund the money paid for that first month of service minus set-up fees and overage charges. Set-up fees are refundable only if the account order is canceled prior to activation. For web hosting contracts of 3 months or longer, the full contract amount less any set-up fees and overages will be refunded if Above Media is notified within the first 30 days following activation. No refund is available after the 30th day. Due to security concerns (such as fraudulent cancellations), all account cancellations must be done by sending an email using this form, requesting cancellation. You must also include your domain name, username, and password. Phone calls will not constitute acceptance of any cancellation. Refunds will be made by company check or issued back to your credit card within 30 days of receipt of cancellation.
5) CONTENT:
You will not in any way use html, java or perl code that will result unnecessary traffic nor will you install any client side applications that will result in excess traffic. The intent of Above Media is to provide space to serve web documents, not as an off-site storage area for electronic files. You will also not misrepresent the site in such a way that will result in needless traffic. Some examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, Spamware, Copyrighted MP3s and IRC bots. Above Media does not support; (i) sexually explicit, obscene or pornographic content (whether in text or graphics); (ii) speech or images that are offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability or otherwise) or that promote any illegal activity; and/or (iii) graphic violence. We will terminate any account that does not conform to these requirements. Above Media reserves the right to terminate any account, for any reason, without prior notice or warning.
6) E-MAIL:
You will not send out unsolicited bulk e-mail (UBE) or Spam, nor do anything that will result in excess mail traffic. You will not use your E-mail account to receive large files or programs over 10 MBs in size. Unsolicited advertising via e-mail or newsgroups is prohibited and will result in immediate account termination without compensation. Spamming, including (but not limited to) mass e-mailing, cross posting, or otherwise causing abuse to others on the Internet is prohibited and will be grounds for account termination without compensation. If you use the services of another provider to promote a web site hosted by or through Above Media, then the provisions of the above Policy shall apply as if the unsolicited e-mail were sent through our servers.
NOTE: Any accounts caught Spamming, or running Spam scripts, will be charged a $100 clean-up fee.
7) FILTERING/SPAM PREVENTION/VIRUS SCANNING:
Above Media uses two filters on all shared servers to help reduce the amount of Spam our users receive. Above Media has chosen Spam Assassin and www.spamcop.net. Spamcop will list any IPs that have been sending out reported Spam. If the Spam stops, the IP is released from the database after 48 hours. By using Above Media, you understand and approve of such filtering. You understand that any person attempting to e-mail you from a server in the Spamcop database will be returned to the sender. In addition to Spam filtering, we scan all attachments for suspicious file extensions, including ".exe", ".scr", and others. If an email contains an executable attachment, the message will be deleted and no other actions will be taken. The sender and yourself will not receive any notifications. If you do not want your service subject to such filtering, then you understand you are free to host your site elsewhere. For more information on Spamcop, please click here.
NOTE: Above Media will open up IP Addresses if we feel the IP Addresses were added to the third party database erroneously. You will need to contact us and tell us the IP Addresses.
8) ILLEGAL ACTIVITY:
Illegal activities, to include; unauthorized distribution or copying copyrighted software, violation of US export restrictions, harassment, fraud, trafficking in obscene material, and other illegal activities will be reported to all regulatory, administrative and/or governmental authorities. Above Media reserves the right to report all such activities.
9) ACCESS:
Access to our servers is for the express purpose of setting up and managing your web site and e-mail. You are not to use the access to compile or run programs that do not directly relate to the web site. You will not view or attempt to modify files that do not belong to you. It is a crime to access any information in the non-public part of a computer regardless of damage or security of the information. Any actions construed to be negligent or malicious attack is strictly prohibited.
Under no circumstances may more than one person log in to any dial-up account at any one time. Violators will be billed as separate accounts and will be subject to immediate account termination without warning and without any refund of unused services.
10) RESOURCE USAGE:
Above Media enforces a strict policy on resource use that all accounts must abide by. In order to keep our servers running at optimal levels, any sites running a process that requires more than 8Mb of memory, more than 30 CPU seconds, or uses more than 10% of all available system resources at any time will be required to move up to a dedicated solution or be hosted elsewhere. Web sites requiring the following are also limited and may not even be allowed at all:
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High CPU-use CGI Scripts - CGI script sharing with domains not hosted by Above Media is not permitted. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice. If your web site has been shut down at another web host for high CGI resource use, you will certainly be shut down here as well. We will not allow a user's web site to affect the other web site owners on our servers.
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CGI-based Chat Rooms - Above Media does not allow customers to install their own CGI-based chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. Above Media does offer Java-based chat for its customers for an additional fee.
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CGI-based Forums - Above Media does not allow customers to install their own CGI-based Forums. YaBB and Ultimate Bulletin Board Forums tend to require significant system resources and therefore cannot be permitted. Above Media recommends vBulletin or phpBB.
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Background Running Programs and Cron Jobs - Above Media may allow programs to run in the background. These programs will be considered on an individual basis. Customers will not be allowed to execute a cron more then once per hour with Above Media. If you wish to run background programs please contact us so that we can arrange set-up.
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IRC - Above Media does not allow IRC or IRC bots to be operated on our servers.
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Webcams - Above Media does not allow web-cams to be refreshed more then once in a 5 minute period. If you require a refresh rate quicker then 5 minutes, you will need to host your site on a Virtual Dedicated Server.
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Hotlinking - Above Media does not allow hotlinking of any kind (whether hosted by Above Media or hosted elsewhere). This includes using your site to host images or content that is being used in HTML e-mails sent in bulk.
11) 99.9% UPTIME GUARANTEE:
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Coverage - This 99.9% Uptime Guarantee applies to any Above Media client in good financial standing with Above Media at the time of a service outage.
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Service Level - Above Media endeavors to have the content of your web site available for http access by any party in the world 99.9% of the time.
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Credits - In the event that your web site is not available for more than 99.9%, Above Media will credit the following month's service fee as follows. For any client, such credit shall be retroactive and shall be as calculated below and as measured 24 hours a day in a calendar month, with the maximum credit not to exceed the monthly service charge for the affected month.
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