(1) Introduction These terms and conditions govern your use of our services; by using our services, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website or services. You must be at least 18 years of age to use our services. By using our website [and by agreeing to these terms and conditions] you warrant and represent that you are at least 18 years of age. Our website uses cookies. By using our website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy/cookies policy. (2) License to use website Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not: (a) republish material from this website or our services (including republication on another website); (b) sell, rent or sub-license material from the website or our services without express written consent; (c) show any material from our website in public; (d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose; (e) edit or otherwise modify any material on the website; or (f) redistribute material from this website except for content specifically and expressly made available for redistribution (such as press releases). (3) Acceptable use You must not use our services in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use our services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our services without our express written consent. You must not use our services to transmit or send unsolicited commercial communications. You must not use our website for any purposes related to marketing without our express written consent. (4) User generated content In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose. Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. We reserve the right to edit or remove any material submitted to our services, or stored on our servers, or hosted or published upon our website. Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website. (5) Limited warranties We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date. To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). (6) Limitations and exclusions of liability Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law. The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract and/or in tort. To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. We will not be liable to you in respect of any loss or corruption of any data, database or software. We will not be liable to you in respect of any special, indirect or consequential loss or damage. (7) Indemnity You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions. (8) Breaches of these terms and conditions Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you. (9) Variation We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version. (10) Assignment We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. (11) Severability If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. (12) Exclusion of third party rights These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party. (13) Entire agreement These terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website. (14) Law and jurisdiction These terms and conditions will be governed by and construed in accordance with the laws on England and Wales, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales. I. Website Terms & Conditions 1. Terms By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law. 2. Use License Permission is granted to temporarily download one copy of the materials (information or software) on Ace Web Host' web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on Ace Web Host' web site; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Ace Web Host at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. 3. Disclaimer The materials on Ace Web Host' web site are provided "as is". Ace Web Host makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Ace Web Host does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site. 4. Limitations In no event shall Ace Web Host or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Ace Web Host' Internet site, even if Ace Web Host or a Ace Web Host authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. 5. Revisions and Errata The materials appearing on Ace Web Host' web site could include technical, typographical, or photographic errors. Ace Web Host does not warrant that any of the materials on its web site are accurate, complete, or current. Ace Web Host may make changes to the materials contained on its web site at any time without notice. Ace Web Host does not, however, make any commitment to update the materials. 6. Links Ace Web Host has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Ace Web Host of the site. Use of any such linked web site is at the user's own risk. 7. Site Terms of Use Modifications Ace Web Host may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use. 8. Governing Law Any claim relating to Ace Web Host' web site shall be governed by the laws of the State of California without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a Web Site. II. Service Terms & Conditions By placing an order, you agree to the terms outlined in the contract below. Ace Web Host, Inc., hereafter Ace Web Host, will host a Virtual Web Server Internet Account for _____, hereafter Account Holder, for the domain(s) _____. Service will begin on _____, 20__ and will continue to renew automatically until notice of cancellation is received. Under penalty of perjury, Account Holder affirms that all provided contact information is accurate, and that he/she is of contractual capacity under the laws of the United States of America. Account Holder agrees to the following terms and conditions of this Service Agreement: 1. AUTOMATIC RENEWAL AND CANCELLATION POLICY To avoid interruption in service and for the convenience of customers, all accounts automatically renew on their anniversary dates. Credit card information left on file for recurrent billing will be processed at this time; it is Account Holder’s responsibility to ensure that the appropriate billing profile is activated on relevant renewal dates. 2. LATE PAYMENTS AND COLLECTIONS Payments must be made in US dollars to Ace Web Host and are due upon purchase of service and/or presentation of invoice. Any bank fees or charges imposed upon Ace Web Host associated with the receipt of payment shall be the responsibility of Account Holder. If full payment is not received within 15 days of the due date, without other arrangements having been agreed upon prior, then all services will be suspended until payment is collected. After an account is 30 days past due, all associated accounts will be removed and the remaining balance may be sent to a collections agency for further action. No refund will be issued for suspended or deleted accounts. 3. ACCOUNT TERMINATION Ace Web Host reserves the right to terminate a contract at any time, for any reason, and return any unused funds. 4. DOMAIN REGISTRATION Domain registrations are not automatically renewed. The domain registrant or other domain contact is responsible for renewing a domain registration with the corresponding domain registrar. A domain registration registered with Ace Web Host will be renewed upon request and receipt of money due for renewal service. Ace Web Host is not responsible for the loss of a domain registration due to unlawful conduct, expiration, or transfer. Ace Web Host has procedures in place to assist domain customers with domain record updates. Update requests will be accepted only from the registrant or administrative contact on a domain record. Signature and picture identification are required. Ace Web Host also adheres to lock domain procedures to aid in protecting the domain from an unauthorized transfer. Once a domain is registered to a customer, the domain registration record must be kept current by the domain registrant. Domain expiration notification is emailed to customers as a courtesy. Ace Web Host is not responsible if domain expiration notices are not received by the domain contacts. 5. UNAUTHORIZED ACCESS Ace Web Host does not allow or support any programs or scripts that attempt to open unauthorized ports and/or to circumvent any accounting system. This includes, but is not limited to, IRC, bots, sniffers, and scanners. Ports are filtered at the firewall level and such programs will not function. 6. UNSOLICITED EMAILS (“SPAM”) Engaging, advertising, and/or participating in the sending of unsolicited email is expressly prohibited on all Ace Web Host’ servers. Unsolicited email is defined as using any computer or electronic device to send unsolicited advertisement(s) or electronic mail to an electronic mail address of an individual with whom such person lacks a pre-existing and ongoing personal or business relationship, unless said individual provides express invitation and/or permission. Violators of this policy are subject to having their account(s) terminated without notice or refund. 7. DATA TRANSFER ALLOWANCE Bandwidth limits are set in accordance to the corresponding web hosting package. Any traffic in excess of the monthly allowance will result in additional charges as stated in Ace Web Host pricing plan. 8. SERVER UPTIME Ace Web Host takes every step to ensure 100% uptime for all websites and related services. Account Holder acknowledges that certain issues can and do arise during the course of normal operations, and will not hold Ace Web Host responsible in the event of any service interruption which results in the loss of revenue, service(s), and/or customer(s). 9. Ace Web Host’ INTERESTS Ace Web Host owns all right, title, and interest in Ace Web Host trade names, service marks, inventions, copyrights, trade secrets, patents, and know-how related to the design, function, and provisions of services by Ace Web Host, and in the related hardware and software systems. Ace Web Host makes no claims to any trade names, service marks, inventions, copyrights, trade secrets, patents, or know-how acquired without infringing Ace Web Host rights and used by Account Holder to promote and provide services to Account Holder’s customers. This agreement does not constitute a license to Account Holder to use Ace Web Host trade names or service marks. 16. NON-DISCLOSURE AGREEMENT By reason of his/her relationship with Ace Web Host, Account Holder may have access to certain information and materials relating to Ace Web Host’ business, services, customers, software technology, and/or marketing strategies that is confidential and of substantial value to Ace Web Host. Account Holder agrees not to disclose any of the aforementioned information to any third party. The provisions of this section shall survive the termination of the agreement for any reason. 10. BULK EMAILS Ace Web Host servers are not designed for the needs of bulk emailing. Account Holder shall not participate in any bulk mailing practice that involves the reduction of server resources for other customers. Violators of this policy are subject to having their account(s) terminated without notice or refund. 11. THIRD PARTY CONTENT Under Section 230 of the CDA (47 U.S.C. sec. 230), Ace Web Host“shall not be treated as the publisher or speaker of any information provided by another information content provider.” Ace Web Host is not liable in any way for any statements made on its servers to, by, or regarding any third party. 12. VALIDITY OF THIS AGREEMENT This agreement constitutes the entire agreement between parties and supersedes all prior understanding and agreements concerning the related services. It shall not be modified or altered by written instrument duly executed by the parties. Should any provision of this Agreement be held by a court of law to be illegal, invalid, or unenforceable, the legality and enforceability of the remainder of the provisions of this Agreement shall not be affected or impaired. • Delivery time of services • refunds o refunds are not available for purchased scripts or online creations after the prototype “mockup” has been agreed upon and work on final project has been started. Ace Web Host reserves the right to make exceptions for this rule as it sees fit. • conditions of use o authorized users of products and services created and maintained by Ace Web Host agree not to use our services for purposes other than those intended and agreed upon in our product descriptions. • privacy disclaimers o Ace Web Host does not sell or share our client data with third parties, however we may make use of certain externally hosted plugins and functionality such as Google Analytics and social media share buttons which can result in visitors to our sites sending certain types of information to the servers of the companies providing these resources. • payment terms and special fees • liabilities o Ace Web Host can in no way guarantee that the use of its products will lead to an increase in profits. Also nothing associated with any of our products of services should be mistaken for business advice or legal counsel. We reserve the right to modify our policies at any time • intellectual property o Ace Web Host maintains the intellectual rights over its designs and creations. Clients who have purchased a custom website from us and have hosted with us for a year will be entitled to download 1 copy of the site files and database schema and its contents associated with their website. Clients who have a pre-existing website will have no such restriction and will have unlimited access to their site files and database via secure FTP and MySQL access at all times. • cancelation policies o Clients can cancel service at any time. We require a written notice authorizing deactivation of services and instructions/requirements if applicable. • Backup retention policy o If your hosting service includes backups, the number of backups specified in your backups package will be the minimum number of backups available. We may keep more extensive backups for system purposes which could include backups of your services. We do not guarantee access to backup intervals other than those specified in the backups package, however if requested, we will typically check to see if we can make a requested backup available as a courtesy. We do not keep backups older than 30 days. • emergency modifications o Ace Web Host reserves the right to remove content from any of its servers which is found to be in violation of any Law or treaty. Additionally it reserves the right to make emergency changes if a critical vulnerability is discovered which will impact security of other services running on the server or impact performance of other sites on our network. • terms of use for your website • external links to specific policies.