Astang Web Solutions Terms Of Service

Astang agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

All provisions of this contract are subject to the TOS of Astang and AUP. The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
 

1.	Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Astang shall have the right to terminate all service set forth in this Agreement.
2.	Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
3.	Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. All payments are due on the Account Statement Date. The Account Statement Date is the payment schedule specified when account was activated. All invoices and account related notices are sent via email address to the client's e-mail address on file.
4.	Overdue: Service will be interrupted on accounts that reach 15 days past due. Service interrupted for nonpayment is subject to a $50 reconnection charge. Accounts not paid by due date are subject to a $25 late fee. Overdue domain for over a month is considered abandoned. We no longer assist any renewal on these domains and will wait until until they are deleted from the registrar. Other setup that is not specified in your account features and services is subject to a one time setup fee of $15. Accounts that are not collectable by Astang may 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. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. Accounts 30 days past due will be terminated.
5.	Refund and Disputes: Each of Astang's shared hosting plans and reseller plans carries a 14-day unconditional money back guarantee. If you are not completely satisfied with our services or support within the first 14 days, you will be given a full refund of the fees paid in advance (excluding Setup Fee and Domain Registration) upon plan cancellation. The following services do not qualify for the 14 Day Money Back Guarantee: additional items and services; domain name registration; and overage fees. Refunds will be provided in the same payment method of the original payment. Please allow up to 2 weeks for refunds to be issued. There are no refunds offered or promised after 14 days. Violations of any of Astang's policies will result in the forfeit of your rights to a refund. Sites that utilize more than 50% of their bandwidth are not entitled to refunds.
6.	Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
7.	Interruption of Service: Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
8.	New Domain Accounts: All new webhosting accounts involving new domains will be set up and entered into our DNS servers at time of account creation. Due to unforeseen complications, however, this process may sometimes require up to 1-2 business day. All clients must agree that Astang will have full administrative control over domains registered by us. Inquiries about domain name and other domain issues must be addressed to domains@astang.com.
9.	Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to Astang will require a minimum of two (2) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to ten days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the customer cancels service during the transfer period for any reason, all charges are considered earned. Astang shall not be held responsible for domain transfers to other registrars. The account holder is responsible for completing any necessary domain name transfers and fees.
10.	Support Boundaries: Astang provides technical support to our subscribers (except for a few holidays.) Astang provides support related to your server or website functioning. Astang does not offer tech support for application specific issues such as cgi programming, html or any other such issue (We will try to help you). Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support.
11.	SPAM and Unsolicited Commercial Email (UCE): Astang takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Astang may not use or permit others to use our network to transact in UCE. Customers of Astang may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
	a.	Violation of Astang's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Astang will initiate an immediate investigation (within 48 hours of notification). During the investigation, Astang may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Astang may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Astang reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Astang will notify law enforcement officials if the violation is believed to be a criminal offense. In addition, we will impose a $200 dollar penalty for each spam policy violation and your account will be reviewed for possible immediate termination.
	b.	As our Customers are ultimately responsible for the actions of their clients over the Astang network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
12.	Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form. Astang will monitor Customer's bandwidth and disk usage. Astang shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Astang's sole and absolute discretion. If Astang takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Astang may, at its sole discretion, collect a deposit, in an amount determined by Astang, against customer's credit card on file with Astang.
13.	System and Network Security: Users are prohibited from violating or attempting to violate the security of the Astang Network. Violations of system or network security may result in civil or criminal liability. Astang will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
	i.	Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
	ii.	Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
	iii.	Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
	iv.	Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
	v.	Taking any action in order to obtain services to which such User is not entitled.
	vi.	IRC Is forbidden for all users.
14.	Notification of Violation:
	a.	Astang is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
	b.	First violation: Any User, which Astang determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Astang's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
	c.	Second Violation: Users that Astang determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
	d.	We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
15.	Suspension of Service or Cancellation: Astang reserves the right to suspend network access to any customer if in the judgment of the Astang work administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Astang chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
16.	Policy Changes: Astang reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Astang must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.
17.	Indemnification: You agree to use all Astang Web Solutions services and facilities at your own risk. Astang Web Solutions specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Astang Web Solutions be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Astang Web Solutions harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Astang Web Solutions, 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, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Astang Web Solutions against liabilities arising out of:
18.	Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, and telephone contacts are used, in that order of preference.
	a.	A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
	b.	Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
	c.	Astang takes no responsibility for any material input by others and not posted to the Astang Network by Astang. Astang is not responsible for the content of any other websites linked to the Astang Network; links are provided as Internet navigation tools only. Astang disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
	d.	Astang is not responsible for any damages your business may suffer. Astang does not make implied or written warranties for any of our services. Astang denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Astang.
	e.	It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.

Limitation of Liability: