Terms of Service: Your Rights and Responsibilities
AZ Hosting (referred hereinafter as 'AZ Hosting', 'our', 'we' and
'us') is a web hosting firm. All accounts on our web servers are subject
to the terms and conditions described in this document. Under the terms
of this agreement, your placement of information on our servers is an
acknowledgement that you have read, understand, and agree to be bound by
the terms and conditions below.
1. User Conduct
Our services may only be used for lawful purposes -- any use of these
services which violates any laws which may apply to AZ Hosting, your
local jurisdiction, or any jurisdiction that you or your site may be
subject to is strictly prohibited.
This means that while using the service, you may not:
Post or transmit any unlawful, threatening, abusive, defamatory,
obscene, libelous, offensive, pornographic, indecent, profane, or otherwise
objectionable information of any kind, including without limitation
any transmissions constituting or encouraging conduct that would constitute
a criminal offense, give rise to civil liability, or otherwise violate
Restrict or inhibit any other user from using and enjoying the Internet.
AZ Hosting reserves the right to the final decision on what constitutes
2. Resource Usage, Adult-Oriented Sites
Users may not initiate the following on our servers:
Run any process that requires more than 8Mb of memory space, more
than 30 CPU seconds, or use more than 5% of all available system resources
at any time.
Run any type of interactive real-time chat applications that requires
server resources. Remotely-hosted services are fully allowed.
Run stand-alone, unattended server-side processes at any point in
time on the server. This includes any and all daemons, such as IRCD.
Run any software that interfaces with an IRC (Internet Relay Chat)
Run any site with adult-oriented content, including but not limited
to any nude or pornographic material, except on servers where
we specifically allow adult material.
Use an account for storage of backup files. Backup files should be
downloaded off the server. Backups are also made weekly by AZ Hosting.
Use an account for storage purposes. Accounts where more than 50%
of the files are stored without being linked are not allowed.
Use an account to host and/or distribute copyrighted software.
Use an account to host and/or distribute Emulators/ROMs. Because of
increased controversy surrounding Emulators/ROMs, we do not allow any
websites pertaining to Emulators/ROMs.
Users are also required to abide by the following:
Databases are only to be used for AZ Hosting-hosted web sites, and
no outside access will be granted.
Zero Tolerance Spam Policy: We take a zero tolerance stance against
sending of unsolicited e-mail, commonly known as spam. Any user who
sends out spam will have their account terminated without notice.
AZ Hosting reserves the right to require changes or disable as necessary
any web site, account, database, or other component that does not comply
with this policy, at its sole discretion. AZ Hosting also reserves the
right to make any such modifications in an emergency at our sole discretion.
You agree to indemnify, defend, and hold harmless AZ Hosting from any
and all liability, penalties, losses, damages, costs, expenses, attorneys'
fees, causes of action or claims caused by or resulting indirectly from
your use of the service which damages either you, AZ Hosting, or any
other party or parties without limitation or exception. This indemnification
and hold harmless agreement extends to all issues associated with your
account, including but not limited to domain name selection and Web
4. Refusal or discontinuation of service
AZ Hosting reserves the right to refuse or discontinue service to anyone
at AZ Hosting's sole discretion. AZ Hosting may deny you access to all
or part of the service without notice if you engage in any conduct or
activities that AZ Hosting, in its sole discretion, believes violates
any of the terms and conditions in this agreement. AZ Hosting shall
have no responsibility to notify any third-party providers of services,
merchandise, or information, nor any responsibility for any consequences
resulting from such discontinuance or lack of notification. You agree
that AZ Hosting has the right to monitor the service electronically
from time to time and to disclose any information as necessary to satisfy
the law, or to protect itself or its subscribers. AZ Hosting reserves
the right to refuse to post or to remove any information or materials,
in whole or in part, that, in its sole discretion, are unacceptable,
undesirable, or in violation of this agreement. AZ Hosting also reserves
the right to refuse refunds in cases where AZ Hosting believes abuse
has taken place. If cancellation is voluntary on behalf of the customer,
cancellation fees equivalent to 3 months of services plus credit card
transaction fees (5.5% + $0.45US) will be applied.
5. No warranties
AZ Hosting makes no warranties or representations, except the money
back guarantee policy, of any kind for the services being offered. The
service is provided on an "as is" and "as available"
basis without warranties of any kind, either express or implied, including
but not limited to warranties of title, non-infringement, or implied
warranties of merchantability or fitness for a particular purpose. No
advice or information given by AZ Hosting or its agents or employees
shall create a warranty. AZ Hosting provides no warranty that the service
will be uninterrupted or error free or that any information, software
or other material accessible on the service is free from viruses or
other harmful components. Under no circumstances shall AZ Hosting be
liable for any direct, indirect, special, punitive, or consequential
damages that result in any way from your use of or inability to use
the service, or for third parties' use of the service to access your
Web space, or to access the Internet or any part thereof, or your or
any third parties' reliance on or use of information, services, or merchandise
provided on or through the service, or that result from mistakes, omissions,
interruptions, deletion of files, errors, defects, delays in operation
or transmission, or any failure of performance. If you are dissatisfied
with AZ Hosting service or any of its terms, conditions, rules, policies,
guidelines, or practices, your sole and exclusive remedy is to discontinue
using the service.
You understand that by placing information on AZ Hosting's servers that
such information becomes available to all Internet users and that AZ
Hosting has no way of limiting or restricting access to such information
or protecting such information from copyright infringement. You assume
total responsibility and risk for your use of AZ Hosting's servers and
the Internet. It is solely your responsibility to evaluate the accuracy,
completeness, and usefulness of all opinions, advice, services and other
information, and the quality and merchantability of all merchandise
provided through AZ Hosting or on the Internet generally.
Your use of the service is at your sole risk. AZ Hosting is not responsible
for files and 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 AZ Hosting servers.
You agree not to interfere with the operation of the system. You further
agree not to interfere with the proper operation of other systems reachable
through the Internet, including any attempt at unauthorized access.
You agree to adhere to system policies as published by AZ Hosting, including
restrictions on services available with each service type, restrictions
on certain features, and all other policies.
AZ Hosting reserves the right to monitor any and all communications
through or with our facilities. You agree that AZ Hosting is not considered
a "secure communications medium" for the purposes of the ECPA,
and that no expectation of privacy is afforded.
6. Account-Holder Identification Information
You agree that you, as the person legally responsible for all use of
this account, are at least 18 years of age. If you are under 18 years
of age, you need to have parental consent in order to sign up, and the
account must be ordered by a parent or guardian, in their own name.
You agree to supply AZ Hosting with a current and truthful name, postal
address and telephone number for our records, and you have a continued
obligation to keep this information current. You also agree that you
are an authorized user of any credit card that you supply to us, and
you understand and agree that we have an obligation to fully investigate
any possible fraudulent credit card use.
7. Violation of the Terms and Conditions
If a client is in violation of the terms and conditions, we reserve
the right to suspend or terminate the account at our sole discretion,
depending on the severity of the violation, and inform you at the email
address provided to us at signup.
8. Payment & Other Information
You agree to supply appropriate payment for the services received from
AZ Hosting, in advance of the time period during which such services
are provided. You agree that until and unless you notify AZ Hosting
of your desire to cancel any or all services received, those services
will be billed on a recurring basis.
9. Agreement Acknowledgement
This agreement supersedes any written, electronic, or oral communication
you may have had with AZ Hosting or any agent or representative thereof,
and constitutes the complete and total agreement between the parties.
In the event that any provision of this agreement is determined to be
invalid or unenforceable, all other provisions shall remain in full
force and effect and said provision shall be reformed only to the extent
necessary to make it enforceable.
AZ Hosting reserves the right to change this Usage Policy at any time
without prior notification.
By placing and continuing to maintain or place information on AZ Hosting's
servers you are stating and acknowledging that you have read the aforementioned
terms and conditions and that you understand such terms and conditions
and agree to be bound by them.
10. Money Back Guarantee
Each plan includes a full 30-day money back guarantee.
If you are not completely satisfied with our services within the refund
time period specified for your plan, you will be given a full refund
of the contract amount excluding overages. No refund is available after
that period. This policy does not apply to any additional services such
as overages, disk space, bandwidth, maintenance fees, etc.
Accounts cancelled/terminated by AZ Hosting for violating our Acceptable
Usage Policy do not qualify for the 30-day money back guarantee. Only
first-time accounts are eligible for a refund. For example, if you've
had an account with us before, cancelled and signed up again, you will
not be eligible for a refund. This is to protect our refund guarantee
from being abused. To receive a full refund, contact our customer service