AMERICAN NETLINK'S TERMS OF SERVICE
American Netlink provides Internet World Wide Web page hosting,
Marketing, and Development. American Netlink has certain legal and
ethical responsibilities consisting with the use of its server and
equipment involved in these services.
American Netlink general policy is to act as a provider of
Internet presence. American Netlink reserves the right to suspend
or cancel a customer's access to any or all services provided by
American Netlink when we decide that the account has been
inappropriately used.
Server Abuse
Any attempt to undermine or cause harm to a server, or customer,
of American Netlink is strictly prohibited.
Unauthorized use of other people's accounts or computers American
Netlink will strongly react to any use or attempted use of an
Internet account or computer without the owner's authorization.
Such attempts include "Internet scamming" (tricking other people
into releasing their passwords), password robbery, security hole
scanning etc.
Any unauthorized use of accounts or computers by a American
Netlink customer, whether or not the attacked account or computer
belongs to American Netlink, will result in action against the
attacker. Possible actions include warnings, account suspension or
cancellation, and civil or criminal legal action, depending on the
seriousness of the attack.
IMPORTANT NOTE - American Netlink has the right to discontinue
service, or deny access to anyone who violates our Policies or the
terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE.
No refunds of fees paid will be made if account termination is due
to violation of the terms outlined below.
Customers may not run IRC, bots or clients on shared servers.
Unacceptable uses also include, but are NOT limited to: Bulk
emailing, unsolicited emailings, newsgroup spamming, pornographic
content, illegal content, copyright infringement, trademark
infringement, warez, cracks, software serial numbers, and/or
anything else determined by American Netlink to be unacceptable
use of American Netlink's services including abuse of server
resources.
Shared hosting accounts may be terminated that include the
following content or which have links to the following content:
Providing material that is grossly offensive to the Web community
including blatant expressions of bigotry, racism, hatred, or
profanity
Promoting or providing instructional information about illegal
activities, or promoting physical harm or injury against any group
or individual
Displaying material containing obscene nudity or pornographic
material (not applicable to managed dedicated servers)
Displaying material that exploits children under 18 years of age
Acts of copyright infringement including offering pirated computer
programs or links to such programs, information used to circumvent
manufacturer-installed copy-protect devices, including serial or
registration numbers for software programs, or any type of cracker
utilities
Abuse of Unlimited Traffic
American Netlink's customers are privileged to be offered
unlimited traffic for their web sites. The intention of American
Netlink is to provide a large space to serve web documents, not an
off site storage area for electronic files. All (90%) of your web
pages (html) must be 'linked' with files (.GIF, .JPEG, etc.)
stored on American Netlink's server. Web sites that are found to
contain either/or no html documents, a large number of unlinked
files are subject to warning, suspension or cancellation at the
discretion of American Netlink management. Any customer who
violates American Netlink's Policies in abusing either space/site
transfer will be notified and given 2 days to remedy the problem.
If the problem is not resolved within the allotted period, the
client will be billed for the overages.
To maintain the integrity of our shared hosting service the
following limitations apply:
Sites with banners, graphics or cgi scripts running from their
domain used on other domains. Sites with picture galleries (This
is any site where 50% of the files transferred is graphics) Sites
offering download files or archives. (This is any site where 50%
or more of there monthly traffic is from file downloads). Sites
using more than 30% of system resources for longer than 60
seconds. Sites running multimedia files (QuickTime, Real Audio,
Real Video, MP3).
For those that do not qualify for the unlimited service, traffic
will go unmonitored until you reach 20 GB per month. Thereafter,
normal data transfer cost of $20.00/1GB/month will be billed to
your account. If you want to pre-pay for bandwidth overages, you
will be billed $10.00/1GB/month.
You will receive a notice on Tuesday morning detailing your
bandwidth usage.
If you do not pay for your overages your site will be disabled
within 7 days of your first notice. This does not apply to
co-location clients. Co-location clients will be billed for the
overages based on switch reports. Co-location clients must pay for
the overages IMMEDIATELY once billing or American Netlink has the
sole decision to deactivate any and all servers.
American Netlink will be the sole arbiter as to what constitutes a
violation of this provision.
Unsolicited Email (Spam)
Unsolicited commercial advertisements (spam) are not allowed in
e-mail, and will likely result in account cancellation.
American Netlink takes a zero-tolerance approach to spam
originating from our servers or for spam advertising of domains
hosted on our servers.
The following activities are not allowed:
Unsolicited bulk or commercial messages ("spam"). This includes,
but is not limited to, bulk mailing of commercial advertising,
informational announcements, charity requests, petitions for
signatures, and political or religious tracts. Such messages may
only be sent to those who have explicitly requested it from your
domain.
Forging, altering or removing electronic mail headers is
prohibited. Any domain sending stealth spam will be terminated
without warning and without refund.
Sending numerous copies of the same or substantially similar
message with the intent to disrupt a server or account ("mail
bombing").
Spamming Newsgroups: Commercial advertisements are unwelcome in
most Usenet discussion groups and on most e-mail mailing lists.
Inappropriate posting may result in account cancellation. See the
newsgroup or mailing list's charter for whether advertising is
allowed or not. "Spamming," or sending a message to many different
off-topic newsgroups, is particularly unethical and will be
treated as such.
Mail may not be used to harass or intimidate others. Harassment,
whether through language, frequency of messages, or size of
messages, is prohibited. Sending a single unwelcome message may be
considered harassment. If a recipient asks to stop receiving
e-mail, you must not send that person any further messages.
Note: If you use the services of another provider to promote a web
site hosted by or through American Netlink (spamvertising), then
the provisions of the above Policy shall apply as if the spam were
sent through our servers.
99.9% Uptime Guarantee
(1.) Coverage
This 99.9% uptime guarantee applies to any American Netlink client
in good financial standing with American Netlink at the time of a
service outage.
(2.) Service Level Agreement & Specifications
American Netlink endeavors to have the content of your web site
available for http access by any party in the world 99.9% of the
time. Network downtime (unavailability) is defined as 100% packet
loss from American Netlink to its backbone providers. Downtime is
measured past 10 minutes after notification of network failure via
American Netlink's online ticketing system. If the ticketing
system itself is unreachable, the ticket must be started by
calling the American Netlink NOC. American Netlink's
administrators will determine the end of the downtime by a
traceroute to the customer's machine from outside the American
Netlink network.
(3.) Credits
a. Shared Hosting - In the event that your web site is not
available for more than 99.9%, American Netlink will credit the
following month's service fee as follows. For any shared hosting
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 fifty (50) percent of
the monthly service charge for the affected month.
Monthly Uptime Credit
95% to 99.8% 10%
90% to 94.9% 20%
89.9% or below 50%
b. Managed Dedicated Servers - For managed dedicated server
customers if the uptime is between 98.9% and 99.9% for any
particular month the credit shall be retroactive and equivalent to
the difference between the guaranteed level of availability of the
customer's services during the month and the calculated actual
level of availability of the customer's services, multiplied by
the actual charges incurred by the customer for the services
during that month period. In addition, for managed dedicated
server, customers may be entitled to additional credits as
calculated below and as measured 24-hours a day in a calendar
month, with the maximum credit not to exceed twenty-five percent
(25%) of the monthly service charge for the affected month.
Minutes of continuous downtime Credit
60 10%
5+ 60 minute intervals 25%
In order for you to receive a credit on your account, you must
request such credit within seven (7) days after you experienced
the down time. You must request credit by sending an electronic
mail message to American Netlink Support Team. For security, the
body of this message must contain your account number, the dates
and times of the unavailability of your website, and such other
customer identification requested by American Netlink. Credits
will usually be applied within sixty (60) days of your credit
request. Credit to your account shall be your sole and exclusive
remedy in the event of an outage.
(4.) Restrictions
Credits shall not be provided to you in the event that you have
any outage resulting from (1.) scheduled maintenance as posted
from time to time at American Netlink, (2.) your behavior or the
performance or failure of your equipment, facilities or
applications, or (3.) circumstances beyond American Netlink's
reasonable control, including, without limitation, acts of any
governmental body, war, insurrection, sabotage, embargo, fire,
flood, strike or other labor disturbance, interruption of or delay
in transportation, unavailability of interruption or delay in
telecommunications or third party services, including DNS
propagation, domain name registration / transfer, failure of third
party software or hardware or inability to obtain raw materials,
supplies, or power used in or equipment needed for provision of
your web site, or (4.) a client breaking any item in American
Netlink's "terms of conditions and acceptable use policy" causing
a machine to fail as a result.
CGI Scripts
Each shared web hosting 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 effects normal shared server
operation without prior warning. (this section does not apply to
managed dedicated servers)
Chat Rooms
We do not allow clients to install their own chat rooms within a
shared hosting account, without approving it with the American
Netlink Support Team. Most chat rooms tend to be large system hogs
and we cannot allow it as an account option. However, we do
provide a choice of Java chat rooms for a small extra charge that
will more than fill your needs and run without hindering the
performance of the machine for others. Note: Parachat chat rooms
do not apply to this rule. They are perfectly fine to install.
Abuse of SMTP Mail Server
We do not allow clients to send more than 2000 pieces of e-mail
per day from a shared hosting account. If you do send more than
2000 pieces of e-mail per day, your account will be placed on hold
for Network Abuse. If you are sending legitimate e-mails and they
total more than 2000 per day your account will be moved to a
special server that is specifically designed to handle high
volumes of e-mail. You will be charged $50.00/month in addition to
your regular hosting charges if your account is moved to this
server.
Background Running Programs
We may allow programs to run continually in the background. These
are considered on a one-to-one basis and an extra charge will be
incurred based on system resources used and operational
maintenance needed. (this section does not apply to managed
dedicated servers)
IRC
We currently do not allow IRC or IRC bots to be operated on our
servers. You can however, install IRC clients on managed dedicated
servers. IRC servers are not permitted on our network.
Payment Policies
All accounts are set up on a pre-pay basis. Setup fees are charged
for all new accounts and major account changes and are
non-refundable. All pricing is guaranteed for the term of
pre-payment. American Netlink reserves the right to change prices
at any time, unless other terms have been agreed upon. Any account
not brought current within a week (7 days) of e-mail notice or
exceeding this time frame in any way is subject to suspension. The
customer is responsible for all money owed on the account from the
time it was established to the time that the customer notifies
American Netlink at cancel. to request for termination of
services. All payment is in U.S. currency. American Netlink will
bill each client $50 per returned check, per wire transfer
received and per credit card chargeback received. All American
Netlink accounts are setup on anniversary billing cycles. Your
particular billing cycle corresponds to the contract length that
was initially chosen at setup. Your account will automatically
rene!
this length. There is no fee to change to a shorter billing cycle
at the end of the current cycle. However, if you wish to change to
a shorter billing cycle, during a current cycle, there will be a
$50.00 fee. Please contact the billing department.
Cancellation
American Netlink reserves the right to cancel service at any time.
All fees paid in advance of cancellation will be pro-rated and
paid by American Netlink if American Netlink institutes it's right
of cancellation. Any violation of policies which results in extra
costs will be billed to the customer (i.e. transfer, space etc.)
Backups of files on shared accounts will be kept on all accounts over $30
a month in cost. No backups of files are made on Starter
Unix or Starter Windows accounts, you must keep your own
backups if you have an account of this type.
All of American Netlink's web hosting plans are backed by a 30 day
money back guarantee. If you are not completely satisfied with our
services or support within the first 30 days of your contract, you
will be given a full refund of the contract amount excluding setup
fees, domain registration fees, addon/upgrade fees and overages.
Setup fees are refundable only if the account order is canceled
prior to account activation. For all web hosting clients who
cancel, the full contract amount less any setup fees and overages
will be refunded if American Netlink is notified within the first
30 days following activation. No refund is available after the
30th day. This policy does not apply to any additional services
such as overages, referrer logs, real audio/video, additional disk
space, additional pop accounts, domain registration fees etc. Due
to security concerns, all account cancellations must be done via
Phone or email requests !
Refunds will be made by company check or issued back to your
credit card within 30 days of receipt of cancellation.
Intellectual Property Rights
Material accessible to you through American Netlink's services may
be subject to protection under the United States or other
copyright laws, or laws protecting trademarks, trade secrets or
proprietary information. Except when expressly permitted by the
owner of such rights, you must not use American Netlink or its
servers and network in a manner that would infringe, violate,
dilute or misappropriate any such rights, with respect to any
material, which you access or receive through the American Netlink
network. If you use a domain name in connection with American
Netlink or similar service, you must not use that domain name in
violation of any trademark, service mark, or similar rights of any
third party.
Network Security
Customers may not use the American Netlink network with an attempt
to circumvent user authentication or security of any host,
network, or account. This includes, but is not limited to,
accessing data not intended for the customer, logging into a
server or account the customer is not expressly authorized to
access, password cracking, probing the security of other networks
in search of weakness, or violation of any other organization's
security policy. Customers may not attempt to interfere or deny
service to any user, host, or network. This includes, but is not
limited to, flooding, mail bombing, or other deliberate attempts
to overload or crash a host or network. American Netlink will
cooperate fully with investigations of violations of systems or
network security at other sites, including cooperating with law
enforcement authorities in the investigation of suspected criminal
violations. Users who violate system or network security may incur
criminal or civil liability.
Electronic Commerce
You will be solely responsible for the development, operation and
maintenance of your online store and products and all contents and
materials appearing online or on your products, including without
limitation (a) the accuracy and appropriateness of content and
materials appearing within the store or related to your products,
(b) ensuring that the content and materials appearing within the
store or related to your products do not violate or infringe upon
the rights of any third party, and (c) ensuring that the content
and materials appearing within the store or related to your
products are not libelous or otherwise illegal. You will be solely
responsible for the final calculation and application of shipping
and sales tax. You will also be solely responsible for accepting,
processing, and filling any customer orders, and for handling any
customer inquiries or complaints arising therefrom.
You are also responsible for the security of any customer credit
card numbers and related customer information you may access as a
result of conducting electronic commerce transactions through your
Web Site. You will keep all such information confidential and will
use the same degree of care and security as you use with your
confidential information.
Static / Dynamic Content Caching
You expressly (i) grant to American Netlink a license to cache the
entirety of your Web Site, including content supplied by third
parties, hosted by American Netlink under this Agreement and (ii)
agree that such caching is not an infringement of any of your
intellectual property rights or any third party's intellectual
property rights.
IP Address Ownership
American Netlink shall maintain and control ownership of all IP
numbers and addresses that may be assigned to you by American
Netlink and American Netlink reserves, in its sole discretion, the
right to change or remove any and all such IP numbers and
addresses.
Lawful Purpose
American Netlink reserves the right to refuse service to anyone.
Customers may only use American Netlink server for lawful purpose.
Transmission of any material in violation of any Federal, State or
Local regulation is prohibited. This includes, but is not limited
to copyrighted material, material legally judged to be threatening
or obscene, and material protected by trade secrets. The
designation of any materials as such described above is left
entirely to the discretion of American Netlink management.
Regardless of the place of signing this agreement, the client
agrees that for purposes of venue this contract was entered into
in Walton County, Georgia, and any dispute will be litigated or
arbitrated in Walton County, Georgia. Defendants further waive all
objections to venue and acknowledge that venue in any such
litigation will be held in Walton County courts. IN NO EVENT SHALL
AMERICAN NETLINK'S MAXIMUM LIABILITY EXCEED ONE HUNDRED ($100.00)
DOLLARS.
Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD
AMERICAN NETLINK HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES,
LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES
ASSERTED AGAINST AMERICAN NETLINK, 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 AMERICAN NETLINK
AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR
PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN
CONNECTION WITH AMERICAN NETLINK'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 AMERICAN
NETLINK'S SERVER.
Disclaimer
AMERICAN NETLINK WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR
BUSINESS MAY SUFFER. AMERICAN NETLINK MAKES NO WARRANTIES OF ANY
KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. AMERICAN
NETLINK DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM
DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE
INTERRUPTIONS CAUSED BY AMERICAN NETLINK AND ITS EMPLOYEES.
AMERICAN NETLINK RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY
TIME.
ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF AMERICAN
NETLINK MUST ADHERE TO THE ABOVE POLICIES.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR
IMMEDIATE ACCOUNT DEACTIVATION.