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    Terms of Service

Web Hosting and Server Management

Terms

These Terms of Service (the “Agreement”) are an agreement between Afterburner Hosting LLC (“Afterburner Hosting” or “Afterburner Host” or “Afterburner” or “us” or “our”) and you (“User” or “you” or “your” or “subscriber” or “customer”). This Agreement sets the general terms and conditions of your use of the products and services available to you through Afterburner Hosting and the AfterburnerHosting.com website (collectively, the “Services”). By using these Services, you agree to be bound by this Agreement. Those who do not agree to abide by the terms and conditions of this Agreement are specifically not authorized to use or access the Services.

Usage and Content

All services provided by Afterburner Hosting are to 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 Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. You agree to indemnify and hold harmless Afterburner Hosting from any claims resulting from the subscriber’s use of the Services which damages the subscriber or any other party, including Afterburner Hosting. Content that is deemed to not meet these standards will be removed without prior notice to the subscriber. If Services are terminated due to a violation of these Terms of Service, absolutely no refund will be available to the customer.

Spamming and Other Violations

The following things are automatically considered a violation of the Terms of Service:

  1. IRC or Bot Nets
  2. Proxies and Proxy Servers
  3. Port Scanning
  4. Spam Email, Unsolicited Email, Unconfirmed Mailing Lists
  5. Any Illegal or Unlawful Activity
  6. Server Abuse
    1. Unauthorized server access
    2. Accessing data that does not belong to you
    3. Probing, scanning, or testing vulnerabilities to any system or network
    4. Hacking or corrupting security without proper authorization
    5. Zero-day vulnerabilities
    6. Creating, transmitting, or hosting viruses, worms, bots, and damaging scripts
    7. Interfering with the service of other users

General User Access and Security Policies

Afterburner Hosting allows a certain level of flexibility for customers to create their own passwords and account authorization practices and procedures. You are responsible for using strong, complex passwords and securing access to your account credentials. You must protect the information used to authenticate your account. Afterburner Hosting will not be liable for any damages, direct or indirect, that result from unauthorized account access, password compromise or hacking.

Support Requests

Afterburner Hosting provides support to customers via phone, email, and in person at our office. Contact Afterburner Hosting via phone at 616-209-9134. Email your support request to support@afterburnerhosting.com. You may schedule a visit at our office using one of these methods. The company is located at 4675 32nd Ave, Suite 2, Hudsonville, MI 49426. If your support requests requires paid support, Afterburner Hosting will inform you before the work begins, unless you have an existing support agreement in place that supersedes these general Terms of Service.

WordPress Update Policies

Afterburner Hosting provides various update services under certain hosting packages. Updates are regularly performed on the interval described on the account package details. WordPress security updates typically include installing all available updates to unmodified plugins, themes, and WordPress core. Updates may be applied to modified plugins, themes, and WordPress core at the sole discretion of Afterburner Hosting.

Domain Name Registration

Afterburner Hosting provides domain registration and management services, including but not limited to the registration of domain names and management of name servers and domain name system (DNS) settings. You may request Afterburner Hosting register new domain names or transfer existing domain names into Afterburner Hosting’s registrar account. By doing so, we will become the sole manager of the domain name(s). As consideration for the domain registration service provided by Afterburner Hosting, you agree to pay all registration, renewal, and other applicable fees related to the registration and ongoing renewals of your domain names. All domain name fees are non-refundable, in whole or in part, even if your domain registration is suspended, cancelled or transferred prior to the end of your then-current registration term. All domain names managed by Afterburner Hosting are automatically enrolled in Domain Privacy Protection Service by Afterburner Hosting. You have the right to unenroll from the Domain Privacy Protection Service. You agree that your Registration Information will be replaced in any public WHOIS search with information provided by Afterburner Hosting as determined in its sole discretion (the “Private WHOIS Contact Information”). Although the Private WHOIS Contact Information will appear in any public WHOIS search result for your domain name(s), you are solely responsible for resolving any and all monetary, creditor, or other claims that arise in connection with a legal or other dispute involving your domain name registration. Use of the Domain Privacy Protection Service in no way alleviates your obligation to provide valid and accurate Registration Information and to update and correct such information pursuant to the terms of this Registration Agreement. Afterburner Hosting may immediately and without notice terminate the Domain Privacy Protection Service and, at its sole option, disclose the Registration Information if deemed necessary by Afterburner Hosting or in the event that you breach this Agreement. As part of the Domain Privacy Protection Service, Afterburner Hosting may, but is not obligated to, review and forward communications received in connection with your domain name(s) that we receive. You hear-by authorize Afterburner Hosting to receive, sort, open, forward, and destroy any and all mail sent to our address at our sole discretion. Also, you here-by agree to waive any and all claims arising from your failure to receive communications directed to your domain name but not forwarded or referred to you by Afterburner Hosting. If any domain name for which you are using the Domain Privacy Protection Service is transferred to another registrar, the Domain Privacy Protection Service will automatically cease and you must update the public WHOIS contact information to remove any and all information related to Afterburner Hosting and/or our Domain Privacy Protection Service.

You hereby authorize Afterburner Hosting to act as Designated Agent to approve a change of registrant on behalf of the Prior Registrant and the New Registrant, consistent with the requirements of ICANN’s Transfer Policy. In the event that, in registering the domain, you provide information related to a third party, you hereby represent and warrant that you have provided notice to that third party of the disclosure and use of that party’s information as set forth in this Registration Agreement, and that you have obtained that third party’s express consent to the disclosure and use of that party’s information as set forth in this Registration Agreement. You further represent that, to the best of your knowledge and belief, neither the registration of the domain nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your domain registration is accurate.

Afterburner Hosting reserves the right, at its sole discretion, and without any liability to you whatsoever, to suspend or cancel your use of the Domain Privacy Protection Service and/or reveal the Registration Information in any public WHOIS search or to any third party at any time without notice to you for any of the following reasons:

  1. To comply with any applicable laws, rules, regulations or requirements, or with any subpoenas, court orders, official government inquiries or requests of law enforcement;
  2. To comply with ICANN’s Uniform Domain Name Dispute Resolution Policy;
  3. To resolve any and all third-party claims, whether threatened or made, arising out of your use of the Domain Privacy Protection Service, including without limitation, to avoid a dispute of any claim that the registered domain name violates or infringes a third party’s trademark, trade name, or other legal rights;
  4. In the event you breach any provision of this Registration Agreement or any other agreement you’ve entered into with Afterburner Hosting, including, but not limited to, the Terms of Service;
  5. To comply with the rules, procedures, or practices of the registry that governs the domain name extension receiving the Domain Privacy Protection Service and to protect the integrity and stability of the applicable domain name registry;
  6. To prevent inappropriate activity that comes to Afterburner Hosting’s attention, including without limitation if you are using Domain Privacy to hide your involvement in illegal or morally objectionable activities;
  7. To comply with other requirements or agreements pursuant to ICANN’s Registrar Accreditation Agreement and other policies.

You acknowledge and agree that your domain registration is subject to suspension, cancellation or transfer (cancellation or transfer collectively referred to as, “Cancellation”) (a) to correct mistakes by Afterburner Hosting, another registrar, or a Registry Administrator in administering the domain name or (b) for the resolution of disputes concerning the domain pursuant to an ICANN policy or procedure. It is your responsibility to verify if any domain is infringing anyone else’s rights, prior to registration. If the domain name you have registered is found to be infringing on another person’s rights, determined in Afterburner Hosting’s discretion, Afterburner Hosting has the right to cancel your registration immediately. If you are in willful violation of our agreement, you will not be entitled to any refund. You also agree that Afterburner Hosting shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain registration after such time as we receive a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation, transfer or modification of the domain registration. Afterburner Hosting reserves the right to suspend, cancel, transfer or modify your domain registration if you materially breach this Agreement and do not cure such breach within ten (10) days of notice by Afterburner Hosting; if you use the domain to send unsolicited email, in violation of this Agreement or applicable laws; if you use your domain in connection with unlawful activity; or if you otherwise violate this Agreement as determined by Afterburner Hosting in its sole discretion. Afterburner Hosting will not be responsible or liable for any costs associated with the termination of your rights to any domain name.

Refunds and Downtime

The web hosting services provided by Afterburner Hosting are not normally subject to long-term contracts, unless otherwise specified by your specific agreement with Afterburner Hosting. Most services are considered “month to month” in nature. If a refund is requested, Afterburner Hosting will use reasonable efforts, best practices, and follow company policy in responding to all refund requests. Subscriber acknowledges that from time to time the services covered under these Terms of Service may be inaccessible or inoperable for various reasons, including maintenance or upgrades, administrative actions, malfunctions, and causes beyond Afterburner Hosting’s control or which are not reasonably foreseeable by Afterburner Hosting, including the interruption or failure of telecommunications or digital transmission links, hostile hackers and network attacks, or network congestion or other failures. Afterburner Hosting will seek to provide 24 hours advance notice to subscribers for scheduled maintenance and downtime. Afterburner Hosting has no responsibility for downtime resulting from a user’s actions.

Fees, Late Payment Charges, Returned Check Fees, Credit Card Charge Back Fees, and Other Fees; Termination and Billing

If a customer payment is late, a late fee of $25 may be added to the customer’s account. Afterburner Hosting reserves the right to add late fees if invoices are left unpaid past the due date in any way deemed necessary to facilitate collection. A returned check penalty fee of $25 or more may be charged for any check dishonored by their bank or financial institution. A credit card charge back fee of $25 or more may be charged to any customer’s account for any charge back received by their bank or financial institution. If the customer wishes a fee to be waived, the customer must submit a support ticket with documentation as to why the fee should be waived, and Afterburner Hosting will determine (at our sole discretion) to waive the fee or not. Late payments may result in temporary suspension or termination of services. If a customer does not pay an invoice by the due date listed on the invoice, Afterburner Hosting may suspend or terminate the customer’s services without warning or notification. Afterburner Hosting is not responsible for interruption in services due to unpaid invoices and account balances. Afterburner Hosting may wait to un-suspend an account until a check clears, if customer pays by check.

Customer Default; Remedy Upon Default; Termination

Afterburner Hosting may suspend or terminate customer accounts due to overdue payment or unpaid invoices. If you as the customer fail to pay an invoice before the due date listed on the invoice, Afterburner Hosting reserves the right to suspend or disconnect service(s) without further warning or notification. If services are disconnected for non-payment, customer must pay all past due charges and late fees in order to reconnect or un-suspend service. If a customer account is suspended or terminated for non-payment, the customer may be charged a reconnection fee to re-enable the account(s).

Courtesy Backup Services

All services such as backup and pre-installed server software like cPanel are provided for the courtesy of the customer. It is the sole responsibility of the customer to maintain the customer’s own backup of any data. Afterburner Hosting is not responsible for lost data or for lost data due to third party software that is not maintained by Afterburner Hosting. (The cPanel software and brand is not associated with Afterburner Hosting.)

Liability; Limitation of Damages

Afterburner Hosting shall not be liable to customer for harm caused by or related to customer’s services or inability to utilize the services, unless caused by willful misconduct. Afterburner Hosting shall not be liable to customer for lost profits, indirect, special, or incidental, consequential or punitive damages. Afterburner Hosting provides all products and services “As Is,” without warranty of any kind, whether express or implied, and disclaims all implied warranties, including but not limited to, the implied warranties of merchantability for a particular purpose. The customer shall be solely responsible for the selection, use, and suitability of any product or service chosen by customer. Customer is solely responsible for ensuring the secure nature of passwords, credentials, accounts, and server security.

Changes to Terms of Service

These Terms of Service are subject to change without any prior notification. By opening and using an account or any Afterburner Hosting service, you agree to these Terms of Service. All prices are nonrefundable and nonnegotiable. You can review the most current version of the Terms of Service at any time on this web page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Indemnification

Customer hereby agrees to indemnify, defend, and hold harmless Afterburner Hosting and its respective successors and assigns, harmless from and against any loss, expense, cost (including reasonable attorney and other professional fees), damages of whatsoever kind or nature incurred or suffered by reason of any breach by the other party of any of the covenants, obligations or agreements contained in these Terms of Service.

Last Updated February 7, 2018