Terms of Service (ToS)
CAUTION: YOU SHOULD REVIEW THE FOLLOWING TERMS OF SERVICE WITH
CARE BEFORE PROCEEDING TO USE THE SERVICES OFFERED BY THE SERVICE
PROVIDER (AS DEFINED BELOW). MOREOVER, YOU SHOULD BE AWARE THAT YOUR
ACCEPTANCE OF THE TERMS OF SERVICE CONSTITUTES A LEGALLY BINDING
AGREEMENT BETWEEN YOURSELF AND THE SERVICE PROVIDER. THEREFORE, IN THE
EVENT THAT YOU DO NOT WISH TO BE BOUND BY THE TERMS OF SERVICE, YOU MUST
REFRAIN FROM USING THE SERVICES SO PROVIDED BY THE SERVICE PROVIDER.
TERMS OF SERVICE ("ToS")
The following constitute the Terms of Service ("ToS") with respect to
the usage of the services ("Services") provided by
Accomplish Hosting ("Service
Provider"), and constitute full and complete agreement between you
("Customer") and the Service Provider.
1. GENERAL
By completing the registration process, and agreeing to use the
Services, the Customer agrees to be bound by all applicable laws and
ethical rules established as of this date; or as may be established in
the future.
2. ZERO TOLERANCE / REFUSAL OF SERVICE
The Service Provider reserves the right to immediately discontinue the
Services, without liability for refund of any prepaid fees (as may be
applied for under 8 below), to any Customer who fails to comply with the
provision set out in 1 above or 11 below.
3. REGISTRATION / SECURITY
3.1 Prior to using the Services, the Customer may be asked to
register their details. In such an event, by registering to use the
Services so offered, the Customer agrees to:
3.2 In the event that it transpires, or the Service Provider
has reasonable grounds to believe, that the Customer has provided any
information which is untrue or inaccurate, the Service Provider has the
automatic right, without liability for refund of any prepaid fees (as
may be applied for under 8 below), to refuse the Customer any future use
of the Services.
3.3 The Customer is responsible for maintaining the
confidentiality of their user-name and password.
4. FEES
Subject to the Services requested to be provided, the following fees may
applied for the provision of such requested Services:
(The fees in 4(i) - (iv) above, inclusive, shall collectively hereinafter be referred to as the "Fee")
5. PROMOTIONAL FEES AND DISCOUNT FEES
The Service Provider reserves the right to offer promotional fees and
discount fees that may, or may not, be more favorable than are currently
offered under the terms of this Agreement.
6. FEE CHANGES
The Service Provider reserves the right to change the Fee rates set out
in 4 above with the giving of notice.
7. FEE PAYMENT
Subject to the terms and conditions of this Agreement, and use of the
Services in compliance with the Acceptable Use Policy, payment of the
Fee may be made by:
7.1 Credit Card: whereby the Customer agrees
that the Service Provider may require payment at a
monthly, semi-annual, or annual period. Upon registration the
Customer agrees that the Service provider may collect payment as
determined in the registration process.
NOTE: IT IS THE RESPONSIBILITY OF THE CUSTOMER TO MAINTAIN
CURRENT, VALID, UP-TO-DATE, AND EXISTING CREDIT CARD INFORMATION. IN
THIS REGARD, REFUSAL OR A REJECTION OF ANY SUCH CHARGE, OR ANY PORTION
THEREOF, CONSTITUTES GROUNDS FOR THE IMMEDIATE SUSPENSION AND/OR
TERMINATION OF THE CUSTOMER'S ACCOUNT.
8. FEE REFUND POLICY
Any refund of a Fee will only be made only on any pre-payment of a Fee
(beyond the renewal date following the period in which Services are
provided). Any such refunds shall be on a pro-rata basis, depending upon
the number of days for which the Services have remains unused. Under no
circumstances will a refund of any Fee be entertained in the event that
this Agreement is terminated in accordance with 2 above, and 11.3 and 12
below.
9. PRIVACY POLICY
The Service Provider maintains a Privacy Policy in accordance with the
terms of the Privacy Policy posted on the site.
10. RULES FOR AND LIMITATIONS ON USE OF SERVICES
The Customer agrees that they shall be bound by the terms and conditions
of the Acceptable Use Policy posted on this site.
11. CONTENT
Notwithstanding anything to the contrary in 10 above, or the Acceptable
Use Policy posted on this site:
11.1 The Customer will not, in any way, use codes that are
commonly known as html, java or Perl, the result of which would to cause
unnecessary traffic, nor will the Customer install any applications that
will result in excess traffic.
11.2 The Customer will not misrepresent the site in such a way
that such misrepresentation will result in unacceptable content or links
being posted. For the avoidance of doubt, "unacceptable content"
includes, but is not limited to:
11.3 Failure to comply with the terms of this clause will
result in automatic termination of the Services so provided in
accordance with 2 above.
12. TERMINATION
In the event that you use the Services contrary to any of the provisions
of this Agreement and/or the Acceptable Use Policy posted to the site;
THEN the Service Provider, at its sole discretion, has the automatic
right to terminate the Services so provided.
13. PROPRIETARY RIGHTS AND LIMITED LICENSES
13.1 The Customer acknowledges and agrees that the Services
constitute proprietary information protected by applicable intellectual
property (and other) laws and that the Services Provider shall own all
right, title and interest in and to all proprietary information embodied
in the Services; subject only to any express licenses that may be so
granted.
13.2 Pursuant to the terms and conditions set out in this
Agreement, the Service Provider hereby grants the Customer a
non-exclusive, limited, personal, non-transferable license to use the
Services on a single computer for the term of this Agreement;
13.3 The Customer may not, at any time, before and after the
effective date of this Agreement: copy, modify, create a derivative work
of, reverse engineer, reverse assemble or otherwise attempt to discover
any source code, sell, assign, distribute, sublicense, grant a security
inter in the Services provided.
14. INDEMNITY
The Customer shall agree to indemnify, defend and hold harmless the
Service Provider (which term shall include all of its affiliates,
officers, directors, employees, consultants and agents) from any and all
claims, liability, damages and/or costs arising from the Customer's use
of the Services.
15. DISCLAIMER OF WARRANTIES
The Customer expressly and irrevocably understands and agrees that:
Moreover, the Service Provider makes no warranty as to the: (i)
Services meeting the Customer's expectations, (ii) Services being
uninterrupted, timely, secure, or error-free or (iii) that any errors in
the Services will be corrected.
16. LIMITATION OF LIABILITY
The Customer agrees that the Service Provider shall not be held
responsible for direct, indirect, incidental, special, consequential or
exemplary damages; including, but not limited to, damages for loss of
profits, goodwill, use, data or other intangible losses, resulting from:
17. NOTICES
Any notices that may need to be sent by virtue of the Agreement may be
made via email.
18. ASSIGNMENT
This Agreement, and the rights hereunder, is not assignable or
transferable - except that the Service Provider may assign its rights
hereunder to any person or entity of it choosing.
19. AMENDMENT
The Service Provider may, without the need to give any notice to such
effect, amend this Agreement. Any amendments to this Agreement shall be
posted to the Site. It is, therefore, the duty of the Customer to check
the terms and conditions of the ToS from time-to-time to determine
whether or not any amendments to this Agreement have been posted by the
Service Provider.
20. NO AGENCY
Nothing in this Agreement shall constitute a relationship, deemed or
otherwise, such that the Service Provider may be regarded as the
Customer's agent and the Customer will not represent the fact that it
and the Service Provider are acting in any way in a relationship that
may be considered, deemed or otherwise, that of an agent/principal,
partner or joint venture.
21. SEVERABILITY
If any term, clause or provision in this Agreement is held or deemed to
be invalid or unenforceable, by any court of competent jurisdiction,
then such invalidity shall not affect the validity or operation of any
other term, clause or provision of this Agreement and such invalid term,
clause or provision shall be deemed to be severed from this Agreement.
22. GOVERNING LAW
This Agreement shall be interpreted and governed under the laws of
Missouri.
22. DOMAIN
REGISTRATION
Accomplish Hosting uses BulkRegister, LLC for domain registrations.
Users must agree to their terms of services. (Located Here).
ACCEPTABLE USE POLICY
This Acceptable Use Policy ("AUP") has been created by the Service
Provider as a supplemental agreement to the Terms of Service ("ToS")
Agreement. Although this AUP should be read in conjunction with the ToS,
each Customer is subject to the AUP by virtue of using the services
("Services") provided by the Service Provider. Customers found to be
violating this AUP will have their account immediately suspended and/or
cancelled, as the case may be.
VIOLATIONS OF INTELLECTUAL PROPERTY RIGHTS
Any violation of any party's intellectual property rights, rights of
privacy, rights of publicity or other personal rights is prohibited.
SPAMMING
The Service Provider maintains a zero tolerance to the use of
unsolicited bulk email and/or unsolicited commercial email (otherwise
known as "spamming"). For the avoidance of doubt, "spamming" is
considered as unsolicited broadcast or commercial email that is sent to
addresses that do not affirmatively and verifiably request such
material.
In this regard, all Customers are:
MISREPRESENTATION OF TRANSMISSION INFORMATION
Forging, misrepresenting, omitting or deleting message headers, return
mailing information and/or Internet protocol addresses to conceal or
misidentify the origin of a message is prohibited.
VIRUSES
Use of the Services to create or send [Internet] viruses, worms or
Trojan horses, or for pinging, flooding or mail-bombing, or engaging in
denial of service attacks, is prohibited.
Notwithstanding this, it is also prohibited for any Customer to partake
in activity intended to disrupt or interfere with the Services.
HACKING
Hacking, and its related activities, is strictly prohibited.
For the avoidance of doubt, "hacking" includes, but is not limited to,
the following:
EXPLICIT CONTENT
Use of the Services to store, post, display, transmit, advertise or
otherwise make available adult content is prohibited. Likewise, use of
the Services to store, post, display, transmit, advertise or otherwise
make available child pornography is prohibited.
OBSCENE, DEFAMATORY, ABUSIVE, OR THREATENING LANGUAGE OR BEHAVIOR
Use of the Services to store, post, transmit, display or otherwise make
available obscene, defamatory, harassing, abusive or threatening
language is prohibited. any action which encourages or consists of any
graphic violence or threat of harm of any kind to any person or
property; including any speech or images that are considered, at the
sole discretion of the Service Provider, to be offensive, profane,
hateful, threatening, harmful, defamatory, libelous, harassing,
discriminatory or that promote any illegal activity
OTHER ACTIVITIES
Engaging in any activity that, in the Service Provider's sole
discretion, disrupts, interferes with or is harmful to (or threatens to
disrupt, interfere with or be harmful to) the Services, the Service
Provider's business, operations, reputation, goodwill, customers and/or
customer relations, or the ability of other Customers to effectively use
the Services, is prohibited.
MODERATING
The Service Provider does not maintain a policy of moderating its
customers' websites, or any activities in relation thereto, to determine
whether or not they are in compliance with this AUP. However, upon
becoming aware, or being made aware, of any violation of this AUP, the
Service Provider will take any and all necessary action to correct such
violation, including, but not limited to, shutting down a Customer's
website, denying access to the Services, and/or removing information. In
PRIVACY POLICY
The Service Provider maintains a Privacy Policy in accordance with the
terms of the Privacy Policy posted on the site.
PRIVACY POLICY
This Privacy Policy has been created by the Service Provider in order
to demonstrate our commitment to maintaining the highest standards of
professionalism with respect to information made privy to us by our
Customers:
INFORMATION GATHERING AND USE
When registering with our site, our site registration form requires that
you provide us with certain contact information pertaining to:
Although it is the policy of this site to retain such Information as
completely confidential, the disclosure of such Information may then be
used by us in order to maintain your account; including sending you any
details of products that you may request from time-to-time.
UPDATING INFORMATION GATHERED
From time-to-time details gathered by our site shows changes in
Information so provided by our Customers. If this is the case, we may
either ask you to update your Information and/or may automatically
update your Information in accordance with the changes as shown.
INFORMATION SECURITY
This site treats Information so gathered by it both as extremely
sensitive and confidential. In this regard, we take every reasonable
precaution to protect Information from any misuse, loss, or unauthorized
access. We also undertake never to on-sell any Information so provided
by our customers. Nonetheless, although we do our utmost to educate our
staff on the value of maintaining confidential the Information, we
cannot provide an unconditional guarantee that no such event will never
occur; thus, in the event of any unfortunate disclosure of Information,
customers agree to hold us harmless for such.
DISCLOSURE TO OTHERS
Although it is the policy of this site never to on-sell or disclose
Information provided to us by our customers, from time-to-time we may be
called on upon to provide Information to the following third parties:
USE OF "COOKIES"
This site uses what is commonly known as "cookie" technology. Here, when
you first log-in it is normal for the cookie to identify the browser
that the user is using and to assign to it a unique and random number.
Aside from the chance of retaining your user-name for friendly future
use; the cookie, however, does not retain personal information of users.
Please be reassured that we only use cookie technology as this
technology allows us to identify which parts of our site are popular
with users, and the average time that users spend on different parts of
the site. We are then better able to study this research data in updates
of our site.
In certain circumstances, advertisers on our site will use cookies to
track your movements when you peruse our site. Please note that our
advertisers should only use these cookies for non-personal purposes - in
order to track the effectiveness of their advertising campaign.
Nonetheless, we have no control over how our advertisers utilize the
information that they may glen. Therefore, please note that if you click
on an advertisement, and have any concerns as to how the information
they may obtain may be utilized, we would strongly suggest that you
review the privacy policy of the site in question. In this regard, you
should note that some advertisers offer "opt-out" provisions for
information collected using their cookies: an option that you must
actively chose for each of the sites in question.
LINKS TO OTHER WEB SITES
From time-to-time this site may contain links to third party web-sites
(commonly known as "click-through"). In such a case, whilst our privacy
policy is posted on our site, we can make no promise, nor guarantee,
relating to data collected from such third party web-site and our
customers are strongly urged to the read the privacy policy in place for
such third party web-site so visited.
CHANGES TO THIS PRIVACY POLICY
From time-to-time we may feel the need to make changes to this privacy
policy. In such an event we will post changes to this privacy policy on
our site.
INFORMATION OWNERSHIP
Any Information collected on this site is the sole property of
Accomplish Hosting.
INFORMATION REQUESTS
At any time, you are permitted to request that we provide you with the
details of any information retained in our records; PROVIDED THAT,
should you require us to provide you with such information on more than
one occasion in any year (and for the avoidance of doubt, a "year"
constitutes 365 days from the earlier request), you agree that we are
permitted to charge you a fee of $25.00 for our administrative costs.
CONTACT DETAILS
If you have any queries relating to this site, the manner in which
Information is collected on the site, the practices of the site, or your
dealings in general with the site, please feel to contact us at
support@accomplishhosting.com.