Terms Of Service
Able Hosting provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. This Agreement governs Customer’s use of Able Hosting’s Web hosting service.
You agree to use all ablehosting.com services and facilities at your own risk. ablehosting.com specifically disclaims all warranties of merchantability and fitness for a particular purpose.
In no event shall ablehosting.com 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 ablehosting.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against ablehosting.com, 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, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless ablehosting.com against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with ablehosting.com’s server.
ablehosting.com reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from ablehosting.com’s server. ablehosting.com shall be the sole judge of what violates this Policy.
At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan.
Payments to Able Hosting are non-refundable except for the first payment which falls under the thirty (30) day money back guarantee. Only shared and reseller services are eligible for the thirty (30) day money back guarantee unless otherwise asked.
No other services provided by Able Hosting are covered by this guarantee.
The thirty (30) day money back guarantee is not valid upon any terms of service or acceptable use policy violations.
All overcharges or billing disputes must be reported within thirty (30) days of the time the dispute occurred. (See Refund Policy for further details)
If you are not satisfied within your first 30 days we would be happy to provide you with a full refund (For some special offers the money-back-guaranteed day will be varied; and Domain Name registration fee is non-refundable).
We accept Visa, Master Card, American Express, Discover Card by using the 3rd Party Payment Processor. Their are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.
All accounts are billed according to the dates they were first activated on. You agree to pay for the services on time. Unpaid invoices will result in temporal suspension of your account. Invoices are generated 7 days before the renewal date and your account gets suspended 7 days after the renewal date if the invoice is not paid until that time. Your account will be terminated if it was not paid within 3 days after it was suspended. If you want us to restore it after it was terminated because of non-payment, and if we have a backup of the terminated account you will have to pay $25 one-time fee plus all the renewal fees. We do not guarantee we will have a backup of your account after it was terminated!
Acceptable Use Policy:
All services provided by ablehosting.com 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 ablehosting.com and its employees from any claims resulting from the use of the service which damages the subscriber or any other party.
Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken.
Pornography is prohibited on all ablehosting.com servers. This includes sites that include sexually explicit or hardcore images and/or advertising.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.
Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.
Certain types of content are not permitted on our network. We reserve the right to determine what constitutes pornographic content and what does not (see adult sites below).
Content relating to Hacking, Cracking, Warez and IRC is not allowed. HYIP (High Yield Investment Programs), Ponzi schemes or pyramid schemes are not permitted on our network.
Our web servers may not be used to provide proxy servers (or paid to click). Software downloads may only be hosted if you are the writer and copyright owner of the software, all other software including freeware, shareware and trial software is forbidden.
You may not allowed to offer any free services like free e-mail, free hosting, free image hosting and similar free services. You may not use the space Customers may not start background processes on the server or anything which needs to bind to ports on the server.
Examples of unacceptable material on all Shared and Reseller servers include:
The following constants are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.
- Anonymous mailers
- IP Spoofers/IP Scanners
- Port scanners
- Telnet or SSH Access Scripts
- Proxy (and other scripts what operates like proxy)
- FormMail.cgi, FormMail.pl from Matt’s Script Archive are not allowed.
- IRC Scripts/Bots
- Proxy Scripts/Anonymizers
- Pirated Software/Warez
- Image Hosting Scripts (similar to Photobucket or Tinypic)
- AutoSurf/PTC/PTS/PPC sites
- Bruteforce Programs/Scripts/Applications
- Mail Bombers/Spam Scripts
- File Dump/Mirror Scripts (similar to rapidshare)
- Commercial Audio Streaming (more than one or two streams)
- Escrow/Bank Debentures
- High-Yield Interest Programs (HYIP) or Related Sites
- Investment Sites (FOREX, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
- Sale of any controlled substance without prior proof of appropriate permit(s)
- Prime Banks Programs
- Lottery/Gambling Sites
- Hacker focused sites/archives/programs
- Sites promoting illegal activities
- Forums and/or websites that distribute or link to warez/pirated/illegal content
- Fraudulent Sites
- Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc) (Unless have approval)
- Anonymous or Bulk SMS Gateways
Zero Tolerance Spam Policy:
Any Kind of bulk mail activity is not allowed from our network without prior permission. We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and purchased lists (Opt-in) will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Customers may not send SPAM messages from our servers. Spammers will be suspended immediately with or without notice and may never unsuspended.
Under no circumstances are you allowed to run any daemons, servers or compile anything under your account without direct permission from Able Hosting management. Shell access is meant to be used solely with basic file system usage.
2. System Resources
You’re not allowed to use an excessive amount of system resources for an extended period of time. If your account is found to be utilizing a large amount of resources we will contact you and give you further information. Under extreme cases suspension may be necessary until the issue can be resolved.
3. Cron Usage
You may not have cron jobs in intervals lower than 15 minutes a part.
4. Account Limitations
You may use your account for personal use but not as a backup facility for automated backups or things of that nature. If you’re unsure if your intended use violates this TOS please contact us so we can clarify it for you.
5. Inode Limits
All shared hosting plans are limited to 500,000 inodes. Each cPanel account owned by a reseller hosting plan is limited to 500,000 inodes. VPS plans do not have an inode limit.
6. Disk Space Usage (Unlimited Plans)
Your account may not be used as a storage and/or backup space for files/archives. Regular backups of databases, websites, etc, are permitted within reason. Any account found to be using an excessive and/or unreasonable amount of disk space may be asked to reduce their usage or face suspension/termination. Able Hosting reserves the right to suspend/terminate any service for resource abuse at their discretion.
Backups and Data Loss:
Able Hosting will not be held responsible for any harm or damage caused by the use of our services. Customers agrees to use our services on their own risk.
Our backup service is provided to you as a courtesy.
Able Hosting is not liable for any damages or data loss that arise from the use of our services.
We are not liable for any damages that occur from misinformation or misrepresentation by the customer which may result in a loss or corruption of data. Under no circumstances shall the customer hold Able Hosting responsible for any loss of data or inability to properly configure complex scripts or programs.
All customers should have their own recent data backups in the event data loss or corruption occurs.
Our backup service runs once a week, overwrites any of our previous backups made, and only one week of backups are kept.
Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by Able Hosting.
Any account using more than 1 GB of disk space will be removed from our off site backup.
Able Hosting reserves the right to reset the password on a dedicated server/VPS 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/VPS on file to prevent downtime from forced password resets. Able Hosting reserves the right to audit servers/VPS as needed and to perform administrative actions at the request of our datacenter. Dedicated servers/VPS are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. It is your responsibility to maintain backups.
Communication with Staff:
Customers may communicate with our staff in polite manner. If you are rude with us, we will give you 72 hours to find another hosting provider. After 72 hours pass, we will permanently suspend your account and you will receive a refund for the unused portion of the service.
LIMITATION OF LIABILITY:
ablehosting.com shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from ablehosting.com servers going off-line or being unavailable for any reason whatsoever. Furthermore, ablehosting.com 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 ablehosting.com servers.
All damages shall be limited to the immediate termination of service.
ablehosting.com 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 services provided by ablehosting.com are resold. Thus, certain equipment, routing, software, and programming used by ablehosting.com are not directly owned or written by ablehosting.com.
Moreover, ablehosting.com holds no responsibility for the usege of our clients accounts.
If any terms or conditions are failed to be followed, the account in question will be deactivated.
We reserve the right to remove any account without advanced notice for any reason without restitution as ablehosting.com sees fit.
FURTHERMORE, Able Hosting.com retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.