Hosting Terms & Conditions
|Advanced e-Resources strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse of our services. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other Advanced e-Resources Site Hosting Customers and us against such harm.|
|Scope of Services and Your Obligations|
|This Agreement defines the terms and conditions of Advanced e-Resources's services as offered by Advanced e-Resources and used by you, including the provision of web hosting services on Advanced e-Resources's servers and connectivity to the Internet (the "Services"). Advanced e-Resources will provide the Services for the amount of server storage space selected in exchange for payment of fees and full compliance with the terms and conditions of this Agreement. In performing the Services, Advanced e-Resources maintains control and ownership of any and all Internet protocol ("IP") numbers and addresses that may be assigned to you.
Advanced e-Resources reserves the right to monitor its systems electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its accountholders or for any other reason it in good faith deems necessary. Advanced e-Resources will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of. It is not Advanced e-Resources's intention that its Services or facilities be used in contravention of the Communications Decency Act of 1996 (the "CDA") or any other applicable law.
You agree to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the "DMCA") and acknowledge that Advanced e-Resources is a "service provider" under the DMCA and is therefore immune from liability under the DMCA, including 17 U.S.C. ? 512. Consistent with the DMCA, Advanced e-Resources will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, Advanced e-Resources has a policy of terminating accountholders who are copyright infringers. For more information,please visit the Copyright Infringement section of this Agreement.
Websites are unmodified forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the content of websites located on Advanced e-Resources's servers not designed and developed by Advanced e-Resources nor the links to other websites are screened, approved, reviewed or endorsed by Advanced e-Resources. The text and other material on such websites are the opinion of the specific author and are not Advanced e-Resources's statements of advice, opinion or information.
Advanced e-Resources scope of services includes hosting of your website and/or shopping cart. Hosting services do not include any website marketing, maintenance of websites or website design services. There are many factors that effect the ranking of your website and or shopping cart. Advanced e-Resources has partnered with Bpath and MIVA Smallbusiness to provide marketing tools to aide in the improvement of website positioning. Marketing services provided by MIVA and Bpath are warranted by those organizations and are not supported by Advanced e-Resources.
|Payment Policies, Fees, and Refunds|
|Full payment is required before any hosting service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. Prepayment is due each anniversary (one month, three month, six month, one year, two years) following the date the account was established. Billing will continue until you cancel your hosting account. You may cancel at anytime. As a policy, we do not offer credits or refunds for hosting time already expended. Domain registration fees and setup fees are nonrefundable.
Every hosting account with Advanced e-Resources features a 30-day money back guarantee. If you choose to cancel your account within the first 30 days and notify us by submitting a support ticket on our helpdesk, we will refund all routine account fees, exclusive of any set up or domain names fees.
We do not give refunds for full months unused, should you want to cancel prepaid service. If you decide to cancel after prepayment, you will not receive a refund for the current month in use (We do not give partial months refunds.) When a prepayment is made we assume you will be needing the purchased resources for an indefinite time and reserve server space based on your purchase request. Since there is no guarantee we will be able to resell your server space we do not provide refunds.
Domain registration/setup fees are nonrefundable. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Advanced e-Resources of cancellation. All monetary transactions are in $US dollars. Additional features can be added at any time. Monthly feature prices are not prorated. Advanced e-Resources reserves the right to change prices at any time.
Payments and Fees: Accepted methods of payment are credit card (Visa, MasterCard, American Express, and Discover), PayPal, Bank Draft or Money Order. Client is responsible for any additional transaction fees that coincide with any payment methods. Checks or Money Orders should be sent at least 7 days prior to the invoice due date to help ensure that the payment is received by Advanced e-Resources L.L.C. in a timely manner.
Credit cards that are declined for any reason are subject to a $40.00 declination fee. Bank drafts, echecks and checks that are returned for any reason are subject to a $40 returned item fee. Service will be interrupted on accounts that reach 5 days past due. Service interrupted for nonpayment is subject to a $50 reconnect charge. Accounts that are not collectable by Advanced e-Resources L.L.C. will be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $100 nor more than 1/3 of the amount due. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this Exhibit.
Account Cancellation: All requests for canceling accounts must be made in writing or processed online at http://www.myaccountdetails.info/index.php?fuse=support&controller=ticket&view=submitticket with at least 30 days notice but not more than 60 days prior written notice and sent to
Advanced e-Resources L.L.C.
Refund and Disputes: If you cancel within the first 30 days of service your initial payment will be refunded within 30 days of cancellation notice. All cancellations notices must be submitted in writing. Phone calls can not be accepted for cancellations as we have no way of verifing your identity. Domain name purchases, setup fees, ssl certificates and email intervention payments cannot be refunded regardless of the time frame as those fees are passed on to other companies. All payments after the initial 30 days of service to Advanced e-Resources L.L.C., Inc. are nonrefundable. This includes all one time setup fees and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Advanced e-Resources L.L.C. sole discretion is a valid charge under the provisions of the contract, you agree to pay Advanced e-Resources L.L.C. an "Administrative Fee" of not less than $50 and not more than $150.
Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Client to pay charges when due. The Company provides the Customer with a 5 day grace period for payment. A service will be interrupted or deactivated on outstanding accounts that reach 5 days past the due date Such termination or denial will not relieve Client of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. If a service is deactivated due to non-payment the service in question will only be reactivated once payment for the outstanding balance has been received in full.
|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, Web site development, and Sub Domains. Also not included are Domain Registrations. Because it is not possible to return a Miva license that you may have received, your refund amount will be reduced by $80 if you were issued a Miva license. Any request for cancellation must be received via email and you will receive a confirmation upon the cancellation of your account. Cancellations over the telephone and informal email are not accepted.
Accounts cancelled/terminated by Advanced e-Resources for violating our Restrictions 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 at least 10 working days for refunds of check or money order payments.
|The validity, terms, performance and enforcement of this Agreement shall be governed and construed by its provisions and in accordance with the laws of the State of Iowa(without regard to conflicts of laws principles).
|You agree to use all Advanced e-Resources services and facilities at your own risk. Advanced e-Resources specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Advanced e-Resources be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD Advanced e-Resources HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY Advanced e-Resources. CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD Advanced e-Resources HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS, CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST Advanced e-Resources, 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 Advanced e-Resources AGAINST LIABILITIES ARISING OUT OF:
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with Advanced e-Resources's server;
Advanced e-Resources shall be the sole judge of what violates this Policy.
|To cancel your account, please follow these instructions. You may cancel at anytime. As a policy, we do not offer credits or refunds for hosting time already expended. Domain registration fees and setup fees are nonrefundable.
NOTE: Advanced e-Resources charges a $65.00 fee for returned checks and an admistrative fee of not less than $50 and not more than $150 for charge backs. For international customers, if you are sending a check/money order the amount must be drawn in US dollars.
You may cancel at anytime. Phone requests will not constitute acceptance of any cancellation. Notification of cancellation must be received at least 30 days prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the Clients Responsibility to secure email confirmation from Advanced e-Resources that account has been cancelled. If the client has not yet received email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced.
If Client has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve Client of any outstanding financial obligations. All advancederesources.com accounts must be paid in full before the cancellation will be considered complete.
Transferring your domain to another provider or nonuse of your hosting account does not constitute canceling your account. You must notify Advanced e-Resources to formally cancel your account and avoid further charges.
|Most account maintenance issues can be handled in your Control Panel. Simply access your control panel and click on "Account Maintenance" or "Edit". If you need to cancel your account, please see our instructions for canceling an account. There is a one-time fee of $50 for replacing an existing account domain name with another domain name, whether from spelling error(s) or other purposes. Please review this article prior to submitting a domain name change request.|
|Advanced e-Resources 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.
|Reporting Alleged Copyright Infringement|
|Advanced e-Resources has designated an agent to receive notifications of alleged copyright infringement on our servers. If you believe your copyrighted work is being infringed on a Advanced e-Resources server, please notify our agent:
In notifying us of the alleged copyright infringement, please be sure to include the following information:
a description of the copyrighted work that is the subject of the claimed infringement (if multiple works are being infringed at a single site, a representative list of such works at that site is adequate);
|It is your responsibility to verify that the registration of your domain name is complete. And, when the domain name registration comes up for renewal, the Domain Name Registration Company ordinarily will email the contact for your domain to remind you it will soon expire. If you do not keep your domain name's registration current, then the domain registration will expire and the domain would then become available for others to register. It is your responsibility to be certain that you keep your domain name registered.|
|Advanced e-Resources 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 any email message sent to more than 25 email addresses or more than 10 news groups*.
*This number does not apply to virtual private server accounts.
|Advanced e-Resources 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 Advanced e-Resources network, by customers or any other users of the Advanced e-Resources network (including customers' customers); AND/OR over ANY network-- if the message sent advertises or mentions a site hosted on the Advanced e-Resources server.
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. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of usenet groups, posting obscene or threatening messages while using or referring to an Advanced e-Resources email address or web site URL is prohibited. The use of Advanced e-Resources servers as a mail drop for responses to activities described above is also prohibited. Accounts canceled due to spam will be billed a "clean up" fee of $500.
If you have any complaints or comments regarding Spam on our network, please direct them at to our staff.
|All services provided by Advanced e-Resources 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, or in violation of the laws of any country, is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, material that advocates or calls for the commission of crimes or civil harms to any person, group of people, corporation, country, or any entity, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Advanced e-Resources from any claims resulting from the use of the service which damages the subscriber or any other party.
Sites that promote any illegal activity or present content that may be damaging to Advanced e-Resources servers or any other server on the Internet are prohibited. Links to such materials are also prohibited.
Examples of unacceptable content or links:
Advanced e-Resources will be the sole arbiter as to what constitutes a violation of this provision.
|CGI Script 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 effects normal server operation or service to other Advanced e-Resources customers. You will be notified in 24 hours about offending cgi script.|
|Advanced e-Resources allows for very generous traffic, and most sites never exceed 4 G per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. Advanced e-Resources customers are discouraged from storing any files that cause excessive traffic on Advanced e-Resources servers. Please contact Advanced e-ResourcesTechnical 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 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.
Any deliberate attempt to cause damage to Advanced e-Resources or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.
We reserve the right to charge additional fees for extremely high bandwidth sites. This only includes .1% of our currently hosted web sites.
You will be charged for transfer that you use beyond our generous data transfer limits without prior notification. You can setup your account to notify you via email when you are nearing your data transfer limit. Just click on "Account Management" and setup the notification. You can monitor your monthly transfer that you have used in the "Resource Meter" area of your control panel and you can add more transfer to your account at any time by clicking on "Upgrade CP" in your control panel. Just upgrade to a higher plan. If you need additional bandwidth transfer above what is allowed with a higher hosting package, please contact us and we will be happy to assist you. Please note that it is your responsibility to make sure that you have sufficient bandwidth transfer remaining for your web pages.
|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 any information. Business hosting account control panels provide a backup and restore function under server management. Personal hosting account holders are recommended to keep a copy of their web site content on a local machine in case of emergency. If loss of data occurs due to an error of Advanced e-Resources, we will attempt to recover the data for 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, Advanced e-Resources will attempt to recover the data from the most recent archive for a $50.00 fee.|
|Client agrees to use the Help Desk located at http://www.myaccountdetails.info/index.php?fuse=support&controller=ticket&view=submitticket for technical support issues. Advanced e-Resources does, however, offer telephone support to clients. Client agrees not to abuse this resource. Abuse includes placing multiple repeat calls without leaving a message or leaving multiple messages in the same 24-hour period. Clients who abuse telephone support privileges may, at Provider's sole discretion, have telephone support privileges revoked and/or incur a charge of $5.00 per call. Advanced e-Resources shall have sole authority to determine violations of this policy.|
|We use your IP address to help diagnose problems with our server, and to administer our Web site.
Our site uses an order form for customers to request information, products, and services. We collect visitor's contact information (like their email address) and financial information (like their account or credit card numbers). Contact information from the order form is used to generate accounts. The customer's contact information is also used to get in touch with the customer when necessary. Financial information that is collected is used to bill the user for products and services.
|In order to register for our service(s), the user is required to supply his / her Full Name, Company Name, Full Address, Phone Number, E-mail address, username, and domain name. To register for Web Hosting, the user must also supply a username, password and domain name.|
|Advanced e-Resources uses the above-described information to contact our clients in regards to changes in our services. Information that is collected is not shared with or sold to any third party, with the following exceptions:|
|In order for Advanced e-Resources to register / modify domain names, the above information is submitted to ENOM.com or one of our other ICCAN-accredited domain registrars. Advanced e-Resources is not responsible for the privacy practices of those Web-Sites described above to whom which we must provide information.
This site does contain a small number of links to other sites. Advanced e-Resources is not responsible for the privacy practices or the content of such Web sites.
|If our servers are not up 99.9% of the time during your first 30 days of hosting we will gladly refund your hosting fees for the current month (setup fees and domain name registration fees are non-refundable). Just go to our Help Desk and open a support ticket. Be sure and mention that you would like a refund based on our 99.9% Uptime Guarantee.|