Universal Terms of Service

The TOS provides important information regarding the services provided by Acclivius Software, Inc. You should take the time to read and understand it. You may review, save or print any part of this Agreement. We encourage you to print out a copy of this entire document and refer to it as you use the services provided by Acclivius Software, Inc. As used herein, Acclivius Software means and refers to Acclivius Software, Inc., and, where applicable, its affiliates.

IMPORTANT: IF YOU CHOOSE TO ACCEPT THIS AGREEMENT, YOU MUST DO SO AS IT IS PRESENTED TO YOU--NO CHANGES (ADDITIONS OR DELETIONS) WILL BE ACCEPTED BY ACCLIVIUS SOFTWARE.

Acclivius Software may change, add or remove any part of this Agreement, or any part of the services provided, including but not limited to, their features and price, at any time. If it does so, Acclivius Software will post such changes on the Acclivius Software website.

IF ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING ACCLIVIUS SOFTWARE'S SERVICES, YOUR CONTINUED USE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY SUCH CHANGES, WILL INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT, AND OF ANY SUCH CHANGES.

You are solely responsible for your conduct, and the conduct of anyone using your account or any sub-accounts. Acclivius Software will not be responsible or liable in any way for any such on-line distribution or publication.

Acclivius Software reserves the right to delete, move or edit any item that Acclivius Software, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise illegal, inappropriate or unacceptable, including any material Acclivius Software believes may subject Acclivius Software to any liability or which may cause Acclivius Software to lose the services of any supplier.

Acclivius Software reserves the right to suspend or cancel a customer's access to any or all services provided by Acclivius Software WITHOUT WARNING OR PRIOR NOTICE when, in Acclivius Software's sole discretion, there is reason to believe that an account or service has been used inappropriately or not in accordance with this Agreement. Any such termination may, if Acclivius Software elects (and subject to applicable law), be without any refund to you of any prepaid fees or amounts. This includes, but is not limited to, a violation of any part of the Terms of Service (TOS).

Server Abuse
Any attempt to undermine or cause harm to a server, customer, or affiliate of Acclivius Software is strictly prohibited.

Traffic (Bandwidth) Overuse
Acclivius Software customers are privileged to be offered liberal traffic for their web sites. The intention of Acclivius Software 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 Acclivius Software's computers. 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 Acclivius Software management. Any customer who violates Acclivius Software 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 may be billed for the overages and/or have their services discontinued.

For those that go over their allotted bandwidth, normal data transfer cost of $5.00/1GB/month will be billed to your account. If you want to pre-pay for bandwidth overages, email us and we may be able to work something out.

Acclivius Software 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.

Acclivius Software 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 which may appear to cause or with the intent to cause a disruption of 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 Acclivius Software (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers.

Scripts And Remote Program Execution
Each web hosting account includes remote shell access to the server, and the ability to run cgi, php, and other types of scripts and programs on the server. Acclivius Software, at its sole discretion, reserves the right to disable any of these scripts or applications that effects the normal usage of the server for other users without prior notice to the customer. Repeated offenses will result in termination of your account.

JVM Restarts
All JVMs hosted by Acclivius Software will be restarted once daily between the hours of 12:00 A.M. and 5:00 AM CST. Exceptions from this policy will be considered on a one-to-one basis, and must be submitted to Acclivius Software in writing by either email, fax or postal mail.

Background Running Programs
Acclivius Software may allow programs to run continually in the background. These are considered on a one-to-one basis.

Abuse of the SMTP Mail Server
Acclivius Software limits the number of email messages that can be sent on any given day to 1500 messages per account. This limit can be revised, at Acclivius Software's sole discretion, on a per account basis if the client can establish a legitimate need to send more emails . Such activities that would represent a legitimate need include, but are not limited to, newsletters which are run in accordance with all local, state and federal laws, list serves, forums, and high traffic websites as defined by Acclivius Software.

IRC And BOTS
All IRC servers, clients, and BOTS must be cleared with Acclivius Software prior to running them. Anyone found to be in violation of this policy risks immediate account termination.

Disk Overages
All Acclivius Software accounts come with quota disk space. Should you reach your quota, you can email the Acclivius Software Support Team at cs@acclivius.com and request more disk space.

Payment Policies
All services made available by Acclivius Software 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. Acclivius Software reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within ten (10) days of notice or exceeding this time frame in any way is subject to suspension and a late payment fee of $30.00. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Acclivius Software via email to cs@acclivius.com to request termination of services. All payment is in U.S. currency. Acclivius Software will bill each client $45.00 per returned check, per wire transfer received and per credit card chargeback received. All Acclivius Software services are made available on billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. (which is monthly by default) Your account will automatically renew at this length. There is no fee to change your billing cycle at the end of the current cycle. Please contact the Acclivius Software should you wish to change your billing cycle. Any account that is not brought current prior to deactivation will be charged a $45.00 reactivation fee as well as a $30.00 late charge, per domain deactivated. Additionally, we reserve the right to charge your credit card for any and all service fees if you go over 60 days due.

General Usage
Any unauthorized use of accounts or computers by an Acclivius Software customer, whether or not the attacked account or computer belongs to Acclivius Software, 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.

Unacceptable uses also include, but are NOT limited to:

  • Any actions not in accordance with local laws or providing access to illegal content
  • Bulk emailing, unsolicited emailings, phishing, or newsgroup spamming
  • Providing material that is pornographic, or facilitating access to pornographic content or otherwise offensive to Acclivius Software staff
  • Displaying material that exploits children under 18 years of age
  • Engaging in copyright infringement or other intellectual property infringement, or disclosing trade secret or confidential information in violation of a confidentiality or nondisclosure agreement, or providing access to such content. This includes, but is not limited to, 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
  • Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity, or facilitating access to such content
  • Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual
  • Advertising a lottery, ammunition, firearms, tobacco, alcohol, illegal drugs and drug-related paraphernalia (exceptions will be made for corporations which have received the necessary governmental approval to sell such items)
  • Using false statements to get, or to attempt to get, account information or other private information from other Internet users.

Network Security
Customers may not use the Acclivius Software 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. Acclivius Software 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.

Cancellation
Acclivius Software reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Acclivius Software unless the reason for cancellation is due to breach of this agreement. Any violation of policies which results in extra costs will be billed to the customer (i.e. transferring of data, on-line storage etc.)

Intellectual Property Rights
Material accessible to you through Acclivius Software 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 Acclivius Software 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 Acclivius Software network. If you use a domain name in connection with Acclivius Software or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Server Maintenance
Acclivius Software updates software on its servers on a regular basis. Routine maintenance will be announced in the “My Accliviusâ€Â section of the website. However, in instances where security or stability is at serious risk, Acclivius Software will, at its sole discretion, take the necessary actions to maintain the server. It is possible in these circumstances that no notice will be given. Acclivius Software will not take responsibility for service interruptions necessitated by software security updates.

IP Address Ownership
Acclivius Software shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Acclivius Software and Acclivius Software reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

Domain Name Registration
Customer agrees to pay Acclivius Software prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the Acclivius Software price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if Customer's domain name registration is suspended, canceled or transferred prior to the end of Customer's then current registration term. Acclivius Software reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer's requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed Customer's registration in an email from Acclivius Software to the email address indicated in Customer's registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Acclivius Software) in connection with the payments of the registration fee for Customer's domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to Acclivius Software as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Acclivius Software will reinstate Customer's domain name registration solely at Acclivius Software discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

Notices
Acclivius Software may give notice to any user by sending an e-mail message to administrative contact for an account or by sending a letter via postal mail to the contact address of the administrator listed for the account. Acclivius Software users may contact Acclivius Software by filling out the "Contact Us" form in the "Aboutâ€Â section of the Acclivius Software website.

Lawful Purpose
Acclivius Software reserves the right to refuse service to anyone. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiction this contract was entered into and performed in Milwaukee County, Wisconsin USA. 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 Acclivius Software management. Except as required by applicable non-U.S. local or national law, the laws of the State of Wisconsin, United States of America, excluding its conflicts of law rules, govern this agreement and your use of Acclivius Software's services. Your conduct and use of Acclivius Software's services may be subject to other local, state, national (U.S. and non-U.S.), and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Acclivius Software regarding Acclivius Software's services or relating in any way to your account or your use of Acclivius Software's services resides in the courts of the State of Wisconsin. You further agree and expressly consent to the exercise of personal jurisdiction in the Wisconsin courts in connection with any such dispute, including any claim involving Acclivius Software or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers with respect to Acclivius Software's services. Customers may only use Acclivius Software servers for lawful purposes. IN NO EVENT SHALL ACCLIVIUS SOFTWARE'S MAXIMUM LIABILITY EXCEED, THE LESSER OF, THE COST OF SERVICES OR TWO HUNDRED FIFTY ($250.00) DOLLARS.

Investigations
ACCLIVIUS SOFTWARE RESERVES THE RIGHT (SUBJECT TO APPLICABLE LOCAL LAW), IN ITS SOLE DISCRETION, TO MONITOR ALL FEATURES AND CONTENT, INCLUDING BUT NOT LIMITED TO A USE OF A USER'S MAIN ACCOUNT AND ANY SUB-ACCOUNTS, FOR THE PURPOSE OF INVESTIGATING VIOLATIONS OF THIS AGREEMENT.

When Acclivius Software becomes aware of possible violations, Acclivius Software may initiate an investigation, which may include gathering information from any user or account involved, any third party and any complaining party.

During the investigation, Acclivius Software may suspend or terminate any or all of a user's services involved and/or remove the Content involved from Acclivius Software computers or other storage mediums. If Acclivius Software believes, in its sole discretion, that a violation of this Agreement has occurred, it may take responsive action, including but not limited to permanent removal of illegal or inappropriate Content, warnings to the user(s), and the suspension or termination of the account or accounts responsible.

If, as a result of any such investigation, Acclivius Software believes that any criminal activity has occurred, Acclivius Software reserves the right to refer the matter to, and to cooperate with, any and all appropriate law enforcement authorities.

BY BECOMING AN ACCLIVIUS SOFTWARE USER, YOU AGREE (TO THE EXTENT PERMITTED BY APPLICABLE LAW) TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST ACCLIVIUS SOFTWARE, AND TO HOLD ACCLIVIUS SOFTWARE HARMLESS AND INDEMNIFY ACCLIVIUS SOFTWARE WITH RESPECT TO ANY CLAIMS, RELATING TO ANY ACTION TAKEN BY ACCLIVIUS SOFTWARE AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE ACCLIVIUS SOFTWARE OR RECOVER ANY DAMAGES WHATSOEVER FROM ACCLIVIUS SOFTWARE AS A RESULT OF ITS DECISION TO REMOVE MATERIAL FROM ACCLIVIUS SOFTWARE'S COMPUTERS OR OTHER STORAGE MEDIA, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCOUNT, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF ACCLIVIUS SOFTWARE'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

Disclosure of Information
Acclivius Software reserves the right to cooperate with law enforcement authorities, including complying with warrants, court orders and subpoenas. If Acclivius Software decides to investigate or resolve possible misuse involving you or anything you do with an Acclivius Software's service, Acclivius Software is entitled, except to the extent prohibited by applicable law, to disclose any information about you in Acclivius Software's possession in connection with your use of Acclivius Software's services to law enforcement or other government officials, as Acclivius Software in its sole discretion believes to be necessary or appropriate. By your acceptance of this Agreement and your use of Acclivius Software's services, you authorize Acclivius Software to take any such actions.

Authorization to Remove Content
Acclivius Software reserves the right to disable your access to Acclivius Software's services and to remove any Content you may have stored on Acclivius Software's computers or other storage media (including, but not limited to, email, Home Pages, and back-ups) under the following circumstances:

  • At the end of any trial period, if you do not elect to become a paid member.
  • Upon expiration of any service, if you do not renew, or upon cancellation of a service.
  • If your credit card is declined or chargedback, your check bounces or if for any other reason your payment does not go through, and your account balance is not paid in full within 15 days.
  • Acclivius Software will notify you via email to the address that you specified as the administrative contact that your access to Acclivius Software's services will be deactivated and that any Content residing on Acclivius Software's computers or other storage media at the time of deactivation will be deleted.

Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD ACCLIVIUS SOFTWARE HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST ACCLIVIUS SOFTWARE, 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 ACCLIVIUS SOFTWARE AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH ACCLIVIUS SOFTWARE 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 ACCLIVIUS SOFTWARE SERVER.

Disclaimer
ACCLIVIUS SOFTWARE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. ACCLIVIUS SOFTWARE MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. ACCLIVIUS SOFTWARE 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 ACCLIVIUS SOFTWARE AND ITS EMPLOYEES. ACCLIVIUS SOFTWARE RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.

ALL SUB-NETWORKS, RESELLERS, AND USERS OF ACCLIVIUS SOFTWARE MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.